Illinois Immigration Legal Questions

You must petition each of them. There are no dependents on immediate relative visa petitions. They must also apply for a visa at the National Visa Center for an additional cost and with additional forms that may cause their disqualification. I strongly recommend an appointment with a competent and experienced immigration attorney before there are any unexpected complications. Good luck.... Read More

Generally, a separate application needs to be filed for each beneficiary. Significantly more information is needed, however, in order to accurately answer your question and to provide a legal analysis of the steps to be taken for your parents to gain immigration legal benefits. This includes, for example, information about your own immigration status (Are you a U.S. citizen? Are you a Permanent Resident? Do you have some other status?); information about your parents (How and when did they enter the U.S.? What is their current immigration status? What immigration-related applications every before have been filed by or for them?); Etc. There really is no substitute for you and your parents to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read More

This will take a while as in years, perhaps it was not meant to be. More information is needed about when and why he was deported. This can only result with his cooperation and attention. I strongly recommend an appointment with a competent and experienced immigration attorney before there are further complications. Good luck.... Read More

More information is needed. Your relationship with him is not a sufficient family relationship as a matter of law. However, there may be other options, which he can easily give up without proper legs counseling. I strongly recommend an appointment with a competent and experienced immigration attorney before there are more complications. Good luck.... Read More

No, only a marriage to a U. S. citizen is possible to qualify for review based upon adjustment of status. The other situation can result in eventual denial and possible deportation. You must be in love with each other and the spouse must be a citizen not a green card holder if you are a visa overstay. However, the future spouse may be able to naturalize and become a citizen. I strongly recommend an appointment with a competent and experienced immigration attorney before there are more complications. Good luck.... Read More

No. A U. S. Citizen 'cannot' petition a grandmother for a family based immediate relative visa. Furthermore, without further information, it seems possible that she is likely to become a public charge upon her arrival. If this is a parent of a your living mother or father, who happen to be a U. S. Citizen, then there is hope. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney, who can take enough time to investigate and provide reliable legal advice.... Read More

No. There is no waiver for a false claim to U. S. Citizenship. He seems permanently barred from immigration without further information. The Republican Congress of 1996 passed IIRAIRA with eliminated any option to lawfully obtain a green card and citizenship in these situations. You should start making contingency plans for your family. I strongly recommend an appointment with a competent, ethical and experienced immigration attorney before there are more complications.... Read More

Generally, a foreign national who has lived in the U.S. for more than five years as a Permanent Resident (holder of a "Green Card") may succeed in a petition to become a naturalized U.S. citizen, and this is true regardless of whether he may be married. Of course, there are many additional details that determine naturalization eligibility. There really is no substitute for you and your boyfriend to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain immigration-related goals, and who then could offer legal representation in the often complex application process.... Read More

Generally a U.S. citizen may succeed in petitioning for a foreign national spouse to become a Lawful Permanent Resident (to get a "Green Card") notwithstanding that the U.S. citizen may have a criminal record that includes arrests for DUI and reckless conduct. Of course, there are many other details that determine immigration application eligibility, and it would be wise for you and your wife to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read More

To re-enter the U.S., a foreign national either must have Advance Parole (a "travel document") obtained through her marriage-based adjustment of status application process, or a valid nonimmigrant visa. Once an I-485 application has been filed, an applicant will be unable to re-enter with a B1/B2 visitor's visa, even if the date on that visa has not yet expired - this is because entry with a B1/B2 visa requires "nonimmigrant intent" and the filing of an I-485 application demonstrates "immigrant intent." Even if your wife were to delay the adjustment of status application process, she almost certainly would be unable to re-enter the U.S. with her B1/B2 visa because (1) she is now married to a U.S. citizen, and (2) she indeed does have immigrant intent. It would be wise for you and your wife to work with an immigration attorney in the application process to assure that the applications are properly prepared and supported with a full set of supporting documents - errors or insufficient supporting documentation can cause significant USCIS processing delays and even more harsh consequences.... Read More

At a recent meeting of the New York American Immigration Lawyers Association chapter with the New York City District Director and chief staff, a member of the audience suggested a solution to a situation like yours – that you request the asylum office to put your case on hold while pursuing an adjustment of status application based upon marriage. You could also request the asylum office to cancel your case. I assume that your boyfriend is a U. S. citizen and that your religious asylum case is pending with U.S.C.I.S. and not in the immigration court. If either of these 2 situations exists, my answer may be different. 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

Start by getting visas to visit other countries, then prove that you will return to your home country on a timely basis. That is, take a trip that is within your financial means. An applicant for a non-immigrant B2 visitor visa must overcome the legal presumption of immigrant intent. The B2 visitor cannot work. Some applicants find this harder to overcome than others. The consular official can use their hunches as a basis to uphold the presumption. Sometimes, applicants are confused about the purpose and limits of a B2 visitor visa.... Read More

An appeal should not last 6 years! I strongly recommend an appointment with a competent and experienced immigration attorney, who can conduct a meaningful inquiry into the case. Perhaps, you need a second opinion or additional legal advice. The above is general information, not legal advice, and does not create an attorney client relationship.... Read More

The visa is only to enter the U. S. F1 students enter for the duration of their studies. If your I-20 is valid, then you need not worry until you plan to travel outside the U. S., but plan ahead for the visa appointment and secure documentation from your University/place of study. If you are concerned, then contact the International Student Advisor at your school. Good luck. The above is general information, not legal advice, and does not create an attorney client relationship.... Read More

It's not usually an issue that is discussed at a non-immigrant visa interview, or by the CBP, but you are reasonable to be concerned. The issue is whether you have immigrant intent for the purposes of the visit. There is a presumption of immigrant intent that each applicant must overcome when applying for a non-immigrant visa. Some can do so easier than others. Each consular official has the right to ask questions to determine your intent.... Read More

Read the materials. The immigrant visa packet must be used within 180 days of issuance. The child must be under 21, but the packet expires sooner. If you have any concerns or confusion, then I strongly recommend a teleconference with a competent and experienced immigration attorney, to discuss other options, before there are any further complications. The above is general information, not legal advice, and does not create an attorney client relationship.... Read More

The choice of whether to file jointly or otherwise is up to you.  It may depend upon your tolerance of your husband's life style for the foreseeable future. Another option is that if you have all the proof of having lived with your husband and also that he has a sex addiction and that you have both been going to counseling, you would most likely be able to remove the conditions on your residence status by filing form I-751 on the basis of having had a bona fide marriage which has ended. Such an application requires a divorce. 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

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 More