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Mevorah Law Offices LLC
DuPage County Attorneys


900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100


134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761


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

Phone: 630-443-0600


58 N. Chicago Street, Suite 500, Joliet, IL 60432

Phone: 815-727-4500


105 W. Madison Street, Suite 2200, Chicago, IL 60602

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

Chicago immigration attorneys, domestic violence victims, undocumented immigrants, nonimmigrant visa, immigrant status, U VisasStatistics from Safe Horizon show that one-in-four women and one-in-seven men will be severely physically abused during their lifetimes, with the majority of those instances occurring at the hands of someone in their immediate family or living situation. The figures are even higher in the immigrant community (both documented and undocumented) for many different reasons. However, many times, relief does not come as easily to immigrant victims. Many are unaware that they might even be able to apply for permanent immigration status in the United States, if they fit certain qualifications, when doing so might let them escape their abusers for good. If you are in such a situation, reviewing the criteria might possibly save your life.

Requirements to Apply

Despite the name, the Violence Against Women Act (VAWA) applies to anyone with nonimmigrant status, of any gender, who can prove abuse by a U.S. citizen related to them. Immigrant women are statistically more likely to experience partner violence than immigrant men—very often, it is a husband or father who establishes a residence and citizenship in the U.S. first, and then petitions for his wife and/or children, which then places them in a disadvantaged position, as their immigration status is then dependent on his. However, men do receive status under VAWA if they meet the qualifications.

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Posted on in Immigration

Chicago immigration lawyers, immigrant intent, H1B visa, nonimmigrant visa, immigration lawWhen a person applies for a nonimmigrant visa to visit the United States, there are strict requirements he or she must fulfill before the visa will be granted. (This applies even to countries that are a part of the Visa Waiver program, if they have a specific purpose in coming into the country.) While these requirements have been reviewed and slated for modification in recent months, there are certain factors that remain unchanged. One of these is the issue of immigrant intent. If you do not understand the rule, immigration issues may result.

Presumption of Intent – By Law

Section 214(b) of the Immigration & Nationality Act states explicitly that U.S. consular officers must presume that everyone who applies for a nonimmigrant visa has immigrant intent—that is, the intent to remain in the United States despite the fact that nonimmigrant visa applicants pledge to return home after their business is concluded. This means that it is not personal—no matter how you appear or how you speak, the consular officer is required to suspect that you have lied on your application.

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Posted on in Immigration

Chicago immigration attorneys, H1B visa mythsImmigration to the U.S., especially on a temporary basis, has always been a difficult and complex endeavor. Perhaps the most easily confused set of rules revolves around the H1B visa, which is designated for foreign workers in ‘specialty’ occupations. Everything from the duration of stay, to the person applying for the visa and beyond has been brought into question; it is imperative that you understand what is true and required if you will be using the H1B visa to come to the United States.

Myth: You can apply for an H1B visa just like any other type of nonimmigrant visa, by completing an application and mailing it in.

False. H1B visas, because they are so in demand, are only available during a specific window, usually beginning on April 1 and ending whenever the cap has been reached. Unlike many nonimmigrant visas, H1Bs are capped by an act of Congress, mostly to restrict the potential adverse effects on U.S. citizen employment rates. Also, in most cases you yourself will not complete the relevant paperwork for an H1B, but rather the U.S. employer with whom you have formed a relationship. You will likely have to provide information, but the law actually requires that the employer be the one to submit the petition.

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DuPage County immigration attorneys, public chargeWhen a potential immigrant wants to come to the United States, he or she must meet all requirements for the visa or status he or she wishes to obtain. Many nonimmigrant visas in particular require that a person not be (or be at risk of becoming) ‘a public charge,’ but there is some significant confusion about what that actually means.

General Information

The concept of public charge has been a part of U.S. immigration law for many years, and is governed by Section 212(a)(4) of the Immigration & Nationality Act. What it means is that if someone wishes to immigrate or adjust status, he or she may be denied or ruled inadmissible if he or she is “likely to become a public charge.” If someone has an affidavit of support (that is, an affidavit from an employer or family member showing that the person will be provided for), then he or she is generally presumed not to be at risk of becoming dependent on government benefits.

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diversity visa lottery, Chicago Immigration AttorneysThere are several myths surrounding the diversity visa lottery, and people may be turned off from applying for it because they do not know the full story. However, the diversity visa lottery gives many a chance to immigrate to the United States when they might otherwise not have the chance.

The Facts

Section 203(c) of the Immigration and Nationality Act allows for the creation of a class known as ‘diversity’ immigrants, who must come from countries with historically low U.S. immigration rates. This disqualifies many of the most populous countries on earth, such as China, India and Mexico. Diversity visas (DVs) are given out in six different delineated regions, but a country may not receive more than 7 percent of the total for any given fiscal year.

There is no cost to enter the DV lottery, but an entry does signify interest in immigrating to the United States. As such, if you are denied and then later apply for a nonimmigrant visa in a different context, a consul may factor that into consideration. If people applying for nonimmigrant visas show too few ties to their home countries or too much interest in remaining in the U.S., their application may be denied.

Potential Issues

There have been numerous issues with the DV program since its inception, and various lawmakers openly advocate for its discontinuation. Reasons given for this include a tendency toward bureaucratic tangles and even security dangers and outright fraud, with some pointing to the case of Hesham Mohamed Hadayet, who killed two and wounded four in a 2002 shooting in Los Angeles as proof that DV application standards are too lax.

In 2007 and 2009, lawmakers introduced bills to eliminate the DV program entirely, but neither passed. They did, however, highlight inefficiencies in the program, most notably that there was no way (until the last few years) to check the status of an application.

After DV-2010, a system was introduced to provide confirmation numbers but the system routinely failed and provided nothing. Also, U.S. authorities have done little or nothing during the life of the program to try and crack down on scams and fraudsters who claim that for a fee, they can get someone a diversity visa. Not unlike notarios who prey on undocumented immigrants, DV fraudsters routinely try to extort or lie to applicants to either get money or to scare a winning applicant away from pressing his or her green card claim.

Perhaps the most long-lasting objection to the DV program as it currently operates is made by immigrants who have come to the U.S. under color of other visas, such as H1Bs. People in these situations allege that the diversity program is simply unfair—it hands permanent resident status to people who have not completed any of the time-consuming and difficult steps to obtain legal status in the U.S. beforehand, while long-term visa holders who work and pay taxes in the country may find themselves in legal limbo.

Contact an Immigration Attorney

If you have entered the diversity visa lottery for the next available fiscal year, or if you have been lucky enough to win a place, talking to a competent immigration attorney may be beneficial. The passionate Chicago immigration attorneys at Mevorah Law Offices LLC are experienced, knowledgeable, and compassionate, and willing to do their best to help you. Contact us for a free consultation.

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Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 35 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Joliet, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.

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