Recent Blog Posts
What Should I Do if My Visa Application Is Denied in Illinois?
Just because you were not born in this country does not mean you should not be able to make your life here. However, if your visa or green card application is denied, it can feel like a punishment for having been born somewhere else.
While it can certainly be very distressing, a visa denial does not mean your immigration journey is over. If you have been denied a visa or green card, speak with a qualified DuPage County, IL immigration attorney about what you should do next.
Why Was My Application Denied?
When your application for a visa or green card is denied, you will be sent notice of the denial to review. You should receive a detailed explanation of why your application was denied from U.S. Citizenship and Immigration Services (USCIS) or the U.S. Department of State (for consular processing). Commons explanations include:
The Risk of Making Mistakes in Immigration Paperwork
The United States Citizenship and Immigration Services (USCIS) is the Homeland Security agency responsible for America’s naturalization and immigration system. It has been operating to provide better security and efficiency to the immigration process since 2003.
A significant recent change to USCIS’ fee structure has impacted the entire system. If, as a result of these changes, you mistakenly fill out your paperwork incorrectly, it could mean your entire immigration process is delayed or stopped. If you are interested in immigrating to the United States and are unsure how the USCIS fees might affect you, speak with an experienced Itasca, IL immigration lawyer.
What Are the Recent USCIS Fee Changes?
USCIS has implemented a newly restructured fee structure that separates green card applications into different fee categories. This has led to increased confusion in general, and about which applications are relevant for certain scenarios in particular. Since your immigration process can be delayed if you apply under the wrong category, it has become crucial to ensure that you are filing your paperwork properly.
What Are the Grounds for Deportation/Removal Proceedings?
After living and working in the United States, it can be both overwhelming and frightening to have your life uprooted when threatened with removal. Deportation does not only affect a single person; rather, it can have a negative ripple effect.
In a mixed-status household, removal may decrease the family income by half. U.S.-born children of single parents could potentially be left behind to be raised by strangers. Removal even affects the mortgages held by households with undocumented immigrants (there are 1.2 million such mortgages in the U.S.).
If you are undocumented and you have received notification of removal, there are steps you can take that will stop the removal or mitigate the effects. It is important that you speak to an experienced Itasca, IL deportation/removal attorney from Unzueta Law Group, P.C.. Having a strong advocate by your side during this difficult time is essential to the outcome of your removal notification.
Illinois Drivers’ Licenses Now Available for Undocumented Migrants
While federal and state immigration laws seem to change at a dizzying pace, a recent Illinois change brings good news to many. The recent passage of a new law in the state allows undocumented residents to be eligible to receive a four-year driver’s license. Beginning as HB 3882, the law took effect on July 1, 2024. After only being able to obtain a Temporary Visitor’s Driver’s License, this new law decreases the stigma for undocumented residents while creating a more equitable system.
If you have questions regarding the requirements for the Illinois driver’s license or you have any other immigration issues, an experienced attorney from Unzueta Law Group, P.C. can help. When you choose an Itasca, IL immigration attorney who has intimate knowledge of the immigration process, as well as the federal agencies involved, your situation immediately improves.
How Can You Maintain an E-Visa in Illinois?
As an E-visa holder in Illinois, maintaining your immigration status is important for your continued stay and business operations in the United States. An Illinois lawyer can help you understand the essential information on how to maintain your E-visa status while residing in the state.
Make Sure You Understand the E-Visa Requirements
E-visas are nonimmigrant visas designed for treaty traders (E-1) and treaty investors (E-2) from countries with qualifying treaties with the United States. To maintain your E-visa status in Illinois, you must:
- Continuously engage in substantial trade or investment activities
- Maintain your nationality from the treaty country
- Intend to depart the United States when your E-visa status ends
Comply with Permitted Activities
As an E-visa holder, you must adhere to the activities permitted under your specific visa category:
Who Needs a Waiver to Apply for Legal Status?
A waiver is a legal document that permits people who would not normally be eligible to enter the United States to apply for legal status. If you are exploring your options for lawfully immigrating to the U.S. and find that you would likely be legally barred from getting a visa or green card, you may still be able to enter the country if you can get a waiver. Obtaining a waiver can be challenging. Immigration courts are usually reluctant to allow people who would normally be disqualified from getting a visa to come to the U.S. If you are seeking an immigration waiver, you must be represented by a skilled DuPage County, IL immigration attorney. Parties without a lawyer are far less likely to be granted a waiver.
Reasons You Might Need a Waiver to Immigrate
There are several reasons a person might need to get a waiver before applying to immigrate legally. You may need to start the immigration process by seeking a waiver if:
What to Do When You Face Deportation
Being threatened with deportation - or “removal,” as it is now commonly called - can be terrifying. There is likely a good reason you left your home country for the relative safety and stability of the United States. If you are removed, your likelihood of being legally allowed back into the U.S. is slim. Removal proceedings can be started for various reasons, including an expired visa or a criminal conviction. The most important thing you can do to protect yourself if you are threatened with deportation is to find an aggressive DuPage County, IL removal defense lawyer to represent you.
Removal Based on Criminal Convictions
American citizens might face jail time if they are convicted of a crime, but immigrants who have not yet become naturalized citizens could be removed from the country. Not all criminal convictions will result in deportation proceedings. It is not always clear which crimes make someone deportable. There is no precise list of crimes that equal instant removal.
Citizenship for Immigrant Parents and Their Children
Generally, an immigrant parent who becomes a naturalized U.S. citizen can also obtain citizenship for his or her minor children as long as they meet certain requirements. Parents with minor children often move to the United States hoping to provide a better life for their children. Some parents will move to the U.S. ahead of their children to begin a life and bring their children into the country at a later date. Many parents begin the immigration process primarily because they want to provide better opportunities for their children. If you want your child to become a U.S. citizen through you, it is important to speak to a DuPage County, IL immigration attorney to make sure that your child will meet the legal requirements to become a citizen.
When Can Children of Naturalized Citizens Get Citizenship?
If you are going through the process to become a naturalized U.S. citizen, your minor children can likely gain citizenship through you. Your children must meet certain requirements to become citizens as well. These requirements include:
Can I Claim Asylum in Illinois?
If you cannot return to your home country because you would be persecuted based on a protected characteristic, you may qualify for asylum in the United States. If you are granted asylum, you will become a legal resident and will likely be able to become a U.S. citizen. Asylum is often misunderstood. Many people are afraid to return to their home country due to general violence, such as gang or cartel activity or excessive crime. These individuals may not qualify for asylum. To be granted asylum, you must prove that multiple factors exist, such as your protected characteristic and the nature of the persecution you would face if you returned to your country of origin. An Itasca, IL immigration attorney can help you determine whether you may be able to claim asylum.
What You Must Prove to Be Granted Asylum in the United States
In order to gain asylum, you must prove all of the following:
Planning for an Immigration Interview
Going into a government office for an immigration interview can be very intimidating. However, it is a normal part of the immigration process that everyone wishing to become a naturalized citizen must go through. Knowing what to expect - and what to do - before you arrive can help you feel ready and make a good impression. While it is hard to predict exactly which questions you will or will not be asked, your Itasca, IL, immigration attorney can help you prepare for most possibilities. They may be able to sit down with you for a practice interview to make sure you know how to answer some of the questions you will probably need to answer during the real thing. As long as you are honest and polite during your interview, you will most likely do well
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