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630-932-9100
Free Initial Consultation | Se habla español 630-932-9100
Mevorah Law Offices LLC
630-932-9100
DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

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134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

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333 N. Randall Road, Suite 104, St. Charles, IL 60175

Phone: 630-443-0600

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Phone: 815-727-4500

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Phone: 630-932-9100
Subscribe to this list via RSS Blog posts tagged in Immigration law

Posted on in Immigration

Chicago immigration lawyers, immigration law, deportation, waiver of inadmissibility, unlawful presence waiversBeing deported can put a person’s entire life on hold. If it happens to you, you have every right to want to return as quickly as possible. However, depending on your situation, you may not be able to do so without waiting a very long time, if you want to do so legally. Before putting the process in motion to return to the U.S., it is a good idea to learn if it would even be possible, and how long it might take.

Bars and Waivers

If you or a loved one have been deported, it is because you were found to be in violation of some provision of U.S. immigration law, most often the Immigration & Nationality Act. Depending on the nature of the offense, immigrants who are deported are subject to what are called bars, which last either five, ten or twenty years. In rare cases, there is a permanent bar, but that tends to be reserved for those who commit offenses like entering the country without inspection (unlawful entry) after being deported, given the rationale that the consequences of such an act were already spelled out for those people. Normally, a deportee must wait this time out; however, he or she may be eligible for a waiver of the offense in certain circumstances.

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Posted on in Immigration

undocumented immigrants, Chicago immigration attorneys, Puerto Rico, deportation, Immigration lawThe United States has governorship over a handful of territories such as Puerto Rico or Guam, referring to them as insular areas. A U.S. insular area is defined as a nominally self-governing territory which looks to the United States for guidance and various benefits. Given the horrific situation in Puerto Rico after Hurricane Maria, questions about the lawful status of the Puerto Ricans have been asked by those not in the know, especially in regard to the possibility of relocating to the U.S. mainland.

Citizenship and Relocation

As of 2017, the U.S. Congress had extended citizenship to the residents of all inhabited U.S. possessions except for American Samoa, which is an unincorporated territory (a territory must incorporate, or organize in a certain way, for its people to be eligible for citizenship). Thus, residents of all other U.S. possessions such as Puerto Rico, the Northern Marianas Islands, Guam, and the U.S. Virgin Islands have the same citizenship rights as anyone born on the U.S. mainland. The Marshall Islands, the Federated States of Micronesia, and Palau are sometimes named as U.S. possessions, but this is erroneous—they are sovereign states and their nationals are citizens of their respective countries, with no claim to U.S. citizenship.

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Posted on in Immigration

DACA recipients, Chicago immigration lawyers, unlawful presence waivers, lawful permanent residents, immigration lawAfter the announcement that the Deferred Action for Childhood Arrivals (DACA) program will be phased out after six months, 800,000 people from all walks of life are faced with questions. One group that has often been overlooked is the approximately 2,700 DACA recipients who are either serving or have signed contracts to serve in the United States military. Their situation is just as precarious as the others’, but they have arguably been betrayed more fully.

The MAVNI Program

Instituted under President Obama in 2009, the Military Accessions Vital to the National Interest (MAVNI) program recruits immigrants with legal status (which DACA recipients do have) who are held to possess vital skills useful to the U.S. military, such as languages, nursing or physician’s abilities, or knowledge of mission terrain. More than 10,000 people have been recruited for the program, and to lose one-tenth of its personnel at once would be a significant issue for MAVNI and for the Armed Forces as a whole.

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immigration law, naturalization, Chicago naturalization attorneys, immigration services, green card holderDespite the significant movement in the field of immigration law since the new administration has taken office, there are some factors that remain the same. One of those is the requirements to become a U.S. citizen—the same criteria exists as it has always been, at least as of this writing. If you are intending to apply for naturalization, it may be a good idea to do so in the near future, though refreshing yourself on what is required is recommended first.

Presence and Character Requirements

United States Citizenship & Immigration Services (USCIS) lists specific criteria that a person must meet in order to be considered for naturalization. Most of the time, that includes having been a lawful permanent resident, commonly called a green card holder, for a period of time (usually three or five years, depending on the circumstances), and being physically present in the country for at least 30 months out of that five-year span. Military service members may be able to apply for naturalization in a shorter period of time, depending on the nature and quality of their service, but that is the exception, rather than the rule.

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b2ap3_thumbnail_green-card-Chicago.jpgImmigration law is complex. As one navigates through the process of obtaining visas and more permanent status, it is not uncommon to become confused about one’s rights and responsibilities. Nowhere is this more fraught than if one is awarded a green card, which confers lawful permanent residence (referred to commonly as ‘LPR status’) on the holder. Upon being granted your green card, you are also granted rights under the law which cannot be taken away unless you lose your status. 

More Than a Visa, Less Than Citizenship

Rather than relying on immigrant visas like H1Bs or F1s, LPR status is very often a kind of intermediate status for those who have reasons to live or work in the United States, but may not wish to renounce his or her original citizenship. It is also common to see LPRs who received their green cards via relief applications, such as those who apply each year under the Violence Against Women Act (VAWA). Either way, lawful permanent residents have rights and responsibilities that are enshrined in the law, and may not be taken away unless they are stripped of their green card. Many of these rights are things that citizens take for granted, but LPRs often do not have that luxury.

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