Illinois Immigration Legal Questions

If U.S.C.I.S. has selected you for H-1B under employer A, and you then put in papers to change your H-1B selected case to employer B in May, there is a likelihood that your H-1B cap selection would be revoked. Since the selection is not an approval which would change your status, your OPT EAD should still be valid to allow you to work for an employer in the field of your major. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

One option that you can consider is making an application to H-4 to cover any possible time that you may be out of status. Although your current max out date is May 4, 2017, the new high skilled worker regulations effective 1/17/17 confirm that the 10 day grace period following the max out date can be used to keep you in legal status for purposes of extension of status or change of status or other permissible non-employment activities such as vacationing prior to departure. Hopefully your I-140 petition will be approved in time with the 10 extra days. If you do decide to travel back to the home country, you are able to return to the US as long as you obtain an H-1B visa from the American consulate or embassy. I do not see that going back to your home country at an earlier date than the maximum period of time that you are allowed would increase your chances of obtaining a visa. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

I strongly recommend an appointment with a competent and experienced immigration attorney as soon as possible! The I-130 can be revoked by the State Department if you do not make contact with the appropriate office within 1 year of approval. That 'may' mean that you have to refile the I-130, again. The above is general information, not legal advice, and does not create an attorney client relationship.... Read Answer

Many people have good reason to change to B-2 visitor for pleasure when their OPT training expires. Generally students work hard in their schooling and afterwards on OPT and have had no time to enjoy what this country offers in terms of travel and entertainment. A request to explore the country and to see the sights with a good itinerary of what you plan to do would be reasonable. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

This is a complicated issue that should be discussed with a competent and experienced immigration attorney. Illegal re-entry is a Federal Crime, so you can be taken into custody and charged with a Federal crime if you try to return to the U.S. If you never left the U. S., there is an error in the immigration case, or some other issue worth review, then someone should provide legal advice on whether you can/should re-open your deportation order. The above is general information, not legal advice, and does not create an attorney client relationship.... Read Answer

Reckless driving would not be a bar to removing the conditional basis of your residence status. Whether you wish or need an attorney's assistance with your case is up to you. In our experience, some people seek assistance for naturalization cases even though there are no issues and their English is fluent while others decline to use attorneys even when facing removal proceedings.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

  Your situation is not uncommon, and I expect that you will receive a notice of interview soon. You should ensure that you have the original of all the copies of documents that were previously sent to the National Visa Center. If the police certificate or affidavit of support are old – one year and six months respectively – they should be renewed. Other than those, you should maintain records of all your communications and meetings with your wife as this is a marriage based case in which a chief question is whether there is a bona fide marriage. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

I do not see the issue of tuition being paid off by student loans and federal-aid as affecting an affidavit of support where the affiant meets the income requirement for the poverty guidelines. Student loans are able to be paid back over a number of years, and federal scholastic aid is generally not considered a means tested benefit.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

If you are unafraid of return to your home country, then you are likely ineligible for asylum. Return to the country of persecution will nullify your asylum claim. That said, it may be quite some time, perhaps years, before you will be given a hearing. Filing for asylum creates significant consequences. You may not be allowed to visit the U. S., again. I strongly recommend an appointment with a competent and experienced immigration attorney before there are even more complications. Good luck. The above is general information, not legal advice, and does not create an attorney client relationship.... Read Answer

A dishonorable discharge by itself would not appear to be a ground of deportation. However, the underlying charge may well constitute one. I assume that you were never actually court-martialed and convicted. Lacking a conviction, you might be inadmissible if you admitted to acts which constituted the act of desertion. However, if you do not make such admissions, it would appear that you would not be inadmissible. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

It is difficult to answer your question as you do not state what country you are from, and quota restrictions on certain countries can increase the period of time of waiting. Generally speaking, however, employment immigration of natives of countries other than India, China, and the Philippines will generally take a couple of years taking into account time required to process labor certification, I-140 petition, and either adjustment of status or consular processing. If you do not require a labor certification application, the process may be much shorter. In the event that you do require one, your seven months of remaining stay will not allow you to obtain a labor certification, as that process usually takes a minimum of 10 months between recruitment and Department of Labor processing. Once an individual has the labor certification and assuming that there is visa availability and the individual is in status, both I-140 and I-485 adjustment of status applications can be filed concurrently, and such filing would allow an individual to remain with authorization in the US during the time of the processing.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.    ... Read Answer

It is highly unusual that an individual would be in removal proceedings and not receive a notice to appear (NTA) within almost 2 years. It is entirely possible that U.S.C.I.S. has not moved in that direction. If you moved,  it is also possible that you never received an NTA because of that. It does not appear from your question that you are still in school or in status if you are still in school, and if that is so, I would assume that you have been out of status for at least five months, the top limit for asking for student reinstatement. You appear to not be aware of your present status which would be essential for determining what are your options. You may decide to do an infopass with the local field office of U.S.C.I.S. to ascertain your status. You may also alternatively request a copy of all your information from U.S.C.I.S. under the Freedom of Information Act.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Your uncle has a complicated case. He may be able to adjust status in the U.S. if he is grandfathered under INA 245(i). He will need to reopen his prior deportation/removal proceedings first. He cannot simply file for adjustment of status. I encourage you to consult an experienced immigration attorney for an assessment. You can read more at http://myattorneyusa.com/life-act-adjustment-of-status.... Read Answer

As you stopped the case so long ago, you would have to start all over again to make your husband a resident. The law does not allow you to get two bites at the apple with the same coin.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

You each need to request a certificate of citizenship with USCIS. You will need to establish that you met the criteria to acquire citizenship through your parents before you reached the age of 18.  You can read more about acquiring citizenship at http://myattorneyusa.com/deriving-citizenship-through-parents-after-birth.... Read Answer

No. You must separately petition your sister, who once approved by USCIS must still await the quota for a fourth preference family based visa. This quota is extremely oversubscribed, so it usually takes many years for consular processing. This often creates challenges for parents who will not abandon their children. A competent immigration attorney should ask the petitioning U. S. Citizen Child about whether their parent has children under 21. This often discourages immigration, so a few may avoid, neglect, or overlook the issue. I hope that your mom makes the right decision. Your sister will depend upon it!... Read Answer

More information is needed. Has she secured conditional or permanent resident status, yet? If not, I strongly recommend an appointment with a competent and experienced immigration attorney, who can take enough time to reasonably investigate all of the facts and advise an appropriate pathway to permanent resident status. Our office, among others, is geared to do so. Good luck.... Read Answer