Illinois Immigration Legal Questions

It may take time, but it will also take commitment and a competent and experienced immigration attorney, who can determine whether you need an unlawful presence waiver, among other forms of relief. I strongly recommend an teleconference with a competent and experienced immigration attorney, who can take the time to investigate the facts. Some must go through a more time consuming ordeal than others. Our office, among others, is geared to take the time to find an appropriate pathway based upon the situation. Good luck.... Read More

It depends upon processing, the status of your husband, and the additional fee and evidence required. There are personal obligations, which can prove financially challenging. If the marriage is no longer viable, then you can withdraw the petition, which may make sense depending upon whether you are in marriage counseling. I strongly recommend an appointment with a competent and experienced immigration attorney. Good luck.... Read More

Regrettably, there is no visa category by which a Conditional Resident (or even a Lawful Permanent Resident) may sponsor a parent for adjustment of status. After an adult conditional resident successfully may apply to become a naturalized U.S. citizen, he/she could sponsor a parent in the Immediate Relative visa category.... Read More

Your husband's adjustment of status is a little outside of normal processing times but enough to cause concern at this time. Your husband should consider seeking renewal of his employment authorization and advance parole document. There is no additional fee to renew these documents. He can file for renewal up to 120 days before expiration.    Your children will each need to file their applications for adjustment if status. CBP appears to be correct regarding your oldest child in the U.S. It does not appear your oldest is eligible for a K-2 visa based upon the information provided. The marriage had to occur prior to his 18th birthday before he would qualify. Unfortunately, embassies do make mistakes. There may be options available but more information is needed. I encourage you to consult an attorney ASAP. In the interim, you can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

Your parents may stay for as much time as they wish up until there authorized stay expires. When a person enters the country on a B2 visa, he/she is authorized to stay for a maximum period of time set by CBP. The maximum stay is typically six months but CBP can authorize a lesser stay. Your parents must leave by the date indicated on their I-94s. You can read more about visitor visas at http://myattorneyusa.com/travel-visas.... Read More

It depends upon what crime you were convicted of, sentence imposed, when it occurred, and other criminal history. It would be best to consult an attorney before seeking to renew your green card. You can read more about the impact of criminal convictions on immigration status at http://myattorneyusa.com/criminal-aliens.... Read More

I assume that grandma is your great pa's daughterAnd that you are hopefully talking about World War II. The right of your grandmother to US citizenship may depend upon the date of her birth. If born before noon on May 24, 1934, she could have been a citizen if at the time of her birth, her father was a US citizen who had resided in the US before your grandmother's birth. From noon May 24, 1934 and prior to January 13, 1941, a retention requirement was placed upon the children to assume residence in the US with certain exceptions at certain ages. From January 13, 1941 and prior to December 24, 1952, an additional requirement was made of the US citizen that he have resided in the US or a possession of the US for 10 years prior to the child's birth, five of which were after the age of 16.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 More

  I would urge you to consult with and hire an immigration lawyer to assist you with this case. I don't think you’re competent to handle this court case. The lawyer will debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result.     "Immigration law is a mystery and a mastery of obfuscation, and the lawyers who can figure it out are worth their weight in gold."…Immigration & Nationality Service spokeswoman.  ... Read More

You do not need to renew your passport if applying for naturalization. The evidence you will need when seeking naturalization will very depending upon several factors including how you obtained your residence, whether you ever had any run-ins with law enforcement, etc. a good starting point would be to review the naturalization application instruction to see what may be relevant to you. You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read More

If you are a US citizen or lawful permanent resident and are thinking of marrying your girlfriend, you may be able to help her obtain her lawful permanent residence. If not, she may have other options, but those would be better explored in a consultation with an immigration lawyer.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 More

Significantly more information is needed in order to advise you and your husband about achieving your immigration-related goals. For example, if you, yourself, are a U.S. citizen, then you should be aware that generally someone who enters the U.S. lawfully and with inspection (such as entering with either a visitor's visa or a visa that authorizes work/employment, and who then becomes married to a U.S. citizen, may succeed with an adjustment of status application in the U.S. and without needing to leave the U.S. to apply from overseas. This is true even if the foreign national spouse may have overstayed his visa or been employed without authorization.... Read More

Yes, you can cancel your new application when you receive the receipt of filing. That will give you a case number with which you can correspond with U.S.C.I.S. I do note, however, that U.S.C.I.S. will not return your filing fee. 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 More

It will depend on exactly what charges were filed against you and how they were disposed of in court. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. (S)he would then be in a better position to analyze your case and advise you of your options. You should bring any documentation you have pertaining to your criminal case for the attorney to review.... Read More

You will not trigger a bar to admission by remaining in the United States for one month without status. However, you could be denied a visa or entry in the future as a matter of discretion. The U.S. government expects you to comply with the terms of your admission, which includes departing in compliance with your authorized stay. You could file a request to change status to B-2 but it would need to be received by USCIS by tomorrow. You can read more about changing your status at http://myattorneyusa.com/change-of-nonimmigrant-status.... Read More

1. Your spouse changing emoloyers should have no bearing on the H-1B petition filed on your behalf. You could only face an issue if you opted for a change of status and some how fell out of H-4 status prior to your H-1B change of status taking effect. 2. No. You do not need to file an H-4 transfer.  You can read more about work visas at http://myattorneyusa.com/family-immigration.... Read More

Hello,   You should be able to file for your wife, and also be a sponsor even if you live abroad. You would need to start the application process early if you wish to move within a year.  It is a good idea to speak to an immigration attorney and provide them with details about your income and assets before you start so that they can let you know how best to show that you can support your wife financially in the U.S. Good Luck.   DISCLAIMER: This information is of a general nature and is not,nor is it intended to be legal advice. For legal advice about your specific situation, please speak to your immigration attorney.... Read More

You need to contact the airline you will be flying. A valid foreign passport is trip ally valid to board a plane, but other foreign identification may not be acceptable. You should not have to pass through Customs and Border Protection on the return as you are traveling with in the country. That being said you mr risk of interaction with immigration officials is increased by such travel.... Read More