Immigration FAQs

Questions and Answers From an Experienced DuPage County Immigration Attorney

Why do I need an immigration attorney? Can't I file the necessary forms myself?

It is possible to file immigration petitions without the help of an attorney, but the results are often disastrous and unfixable. Immigration law is extremely complex and difficult for non-lawyers to understand. It is very easy to make a mistake and file the case improperly. If your case is not filed properly, it can cost you time, money and may even cost you your immigration benefits. Because your family and your future depend on your immigration status, it is wise to put your case in the hands of an experienced and knowledgeable attorney to ensure it is handled properly from the beginning.

I am engaged to someone who is a foreign national living outside the U.S. Can I get my fiancé a visa?

That depends on your immigration status. If you are a legal permanent resident the answer is: No. If you are a U.S. citizen, the answer is: Yes. Only U.S. citizens can apply for K-1 visas for foreign fiancés. These visas are valid for 90 days, during which time the couple must marry. Following the marriage, the foreign spouse can apply for adjustment of status to legal permanent resident status. Applications for K-1 visas are scrutinized for authenticity, however, and evidence of the relationship must be provided.

I was arrested and charged with a crime. Will this impact my immigration status?

Probably. Most criminal charges and convictions can negatively impact your immigration status. Some have graver consequences than others. Aggravated felonies, crimes of moral turpitude, and drug crimes often trigger deportation proceedings for non-U.S. citizens, and they may lead to inadmissibility in the future. Immigration attorneys can work with criminal attorneys to help minimize the negative impact of criminal charges on immigration benefits for minor crimes.

I have an H-1B visa and would like to change employers. Can I do that?

It is permissible to transfer your H-1B visa to a new employer. To do so, the new employer must file a new H-1B application. You may begin working for the new employer as soon as a receipt notice is received. It is important to note that should your application be denied for whatever reason, and you no longer work for the original H-1B employer, you would be out of status.