Illinois Immigration Legal Questions

Since your wife did not complete the required service under the Conrad 30 program she is again subject to the two-year home residency requirement. I have handled many home residency requirement waivers but not one where the applicant was previously approved. To the best of my knowledge, you may only file one waiver request at a time but are not barred from submitting a subsequent application. ... Read More

Yes, a U.S. citizen can file a petition for her/his alien parent. If the parent: 1) entered the U.S. with a visa; 2) did not leave the U.S.; 3) was never in deportation proceedings; and 4) does not have a criminal record, or history of participation in terrorist organizations, genocide, or prosecution of other people for their race, religion, or political positions; - then the overstaying a visa should not prevent the parent from getting a green card. If any one of these conditions is not satisfied, the case has to be reviewed by an immigration attorney.... Read More

Your sister should be able to request her preference category be updated to F1 as the petitioner was her father. Her brother is merely serving as a substitute spinsor for purposes of the affidavit of support. A written request must be filed with the National Visa Center. The request should be accompanied by evidence of divorce. ... Read More

It is possible but not likely. It will take more than a decade for an immigrant visa to be available to your family. They will not immediately be able to seek adjustment of status. So long as your sister and her husband have ties to their native country, they should be admitted. You can read more about visitor visas at http://myattorneyusa.com/travel-visas.... Read More

Contact USCIS to request the address by corrected. You can call Customer service at 1-800-375-5283. The person you speak to should be able to update your address and have the notices re-sent to you. In the interim, you can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read More

When did you request a replacement green card? Depending upon how long ago you made the request, you may want to follow-up with USCIS. You should be able to travel outside the United States with your current green card. I would just encourage you to travel with a certified copy of your marriage certificate. ... Read More

You could seek a change of status or apply for an H-4 visa if your two-year home residency requirement is waived. You will need to seek a waiver of the two-year home residency requirement. There are several grounds under which a waiver can be granted. You can read more about waiving the home residency requirement at http://myattorneyusa.com/j-1-student-visas-overview#RULES%20FOR%20OBTAINING%20HOME%20RESIDENCY%20REQUIREMENT%20(HHR)%20WAIVER. ... Read More

You could face revocation of your student visa. You also could be at risk for removal proceedings. To assess the potential immigration consequences, more information is needed about the criminal case. What have you been charged with? Have you been convicted? Has a plea arrangement been offered? I encourage you to schedule a private consultation with an experienced immigration attorney. In the interim, you can read more about criminal aliens at http://myattorneyusa.com/criminal-aliens.... Read More

Not unless you were married. Assuming you were married, you may be able to bring him back through the immigrant visa process. Whether he is eligible to return will depend upon the reason why he was deported. His daughters could not petition for him to receive an immigrant visa until they reached the age of 21.  You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

You must first become a lawful permanent resident. There is no direct path from a nonimmigrant visa to citizenship. Your length of residence and current status do not give you a basis to seek lawful permanent residence. To become a lawful permanent resident, you would need to have a family member or employer file an immigrant visa petition on your behalf. You can read more about immigration at http://myattorneyusa.com/immigration-to-the-usa.... Read More

You will need to file an immigrant visa petition on behalf of each family member to start the process. You can petition for a stepchild so long as he/she was under 18 years of age at the time of the marriage. Once the petitions are approved, your family members will apply for immigrant visas. The process typically takes 12 to 18 months. An attorney can often speed up the process by making sure firms and supporting documents are properly filed. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

You will need to file an immigrant visa petition on behalf of each family member to start the process. You can petition for a stepchild so long as he/she was under 18 years of age at the time of the marriage. Once the petitions are approved, your family members will apply for immigrant visas. The process typically takes 12 to 18 months. An attorney can often speed up the process by making sure firms and supporting documents are properly filed. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

Your husband's departure could become an issue. Your husband will likely need to establish his identity clearly given he has a twin brother with a similar name. In addition, if your husband was in the United States unlawfully for more than 180 days and left, he has triggered a bar to admission. He will need a waiver to return. Under no circumstance should your husband try to re-enter without authorization as this will irreparably harm his ability to immigrate. ... Read More

CBP officials have the right to question and search your possessions without your consent. When you are in an airport, you are not considered to be in the United States until actually admitted. This means your rights to due process of law are limited. If you were entering the United States with a visitor visa and planned to work, regardless of whether the employment was casual, you would not be admissible with that visa. A visitor is not allowed to work. You may reapply for a visa at the consulate. You will need to be prepared to address the issue of unauthorized employment and your father during the visa interview. You can read more about nonimmigrant visas at http://myattorneyusa.com/nonimmigrant-visas.... Read More

I am sorry to hear about your loss. I sympathize with your situation, but there is no option to travel outside of the United States for a brief trip and return. It would be extremely risky to travel outside the United States while your U visa application is pending. It would be best if you do not travel at this time. You can read more about U visas at http://myattorneyusa.com/victims-of-violence-immigration.... Read More

You do not provide sufficient information to respond intelligently.  Did the U.S. Citizen petition you?  Did you obtain a work permit?  Have you gotten your two-year green card?   If your spouse did not petition you, then if it's not working out, do what everyone else does - divorce. If you got married just for the green card, it's a fraud marriage and you both can get in trouble.      ... Read More

More information is needed about why he was deported to provide a thorough assessment. Assuming your boyfriend was deported solely for being in the United States without status, you will need to marry to be able to petition for him to receive an immigrant visa. Your boyfriend will need a waiver, because of the prior deportation as well as for unlawful presence. These waivers are required if someone tries to return less than ten years after removal. You will need to show you will suffer extreme hardship if he is not admitted to the United States. Under no circumstances should your boyfriend try to illegally re-enter the country as this will trigger a permanent bar to admission. You can read more about waivers at http://myattorneyusa.com/extreme-hardship.... Read More

It could be an issue. USCIS cannot approve any visa petition if the beneficiary previously entered into a marriage for the purpose of obtain immigration benefits. Whether you should apply for naturalization will depend upon the circumstances surrounding your marriage and whether you can establish you entered the marriage in good faith. You risk not only having your application denied but also being placed in removal proceedings. I encourage you to consult an attorney before filing. You can read more about the naturalization process at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read More