DuPage County Immigration Attorneys | Mevorah Law Offices LLC
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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

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

ST. CHARLES

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

Phone: 630-410-9176

CHICAGO

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

Phone: 630-932-9100

NAPERVILLE

1730 Park Street, Suite 202, Naperville, IL 60563

Phone: 630-420-1000

Immigration

b2ap3_thumbnail_immigration_20200302-172751_1.jpgMany people from other countries wish to become U.S. citizens through naturalization. The United States Citizenship and Immigration Services (USCIS) governs the process that allows foreign nationals to enter the United States lawfully. In other situations, current permanent residents and U.S. citizens wish to bring their relatives to live and work in the United States. In order to enhance the efficiency of immigration proceedings, the USCIS is continually making updates to its policies and procedures. Starting on February 1, 2020, the Petition for Alien Relative will only be processed by USCIS if it is a domestic case or by the Department of State (DOS) for international cases.

Form I-130, Petition for Alien Relative

Form I-130 is the first step for an eligible relative to apply to immigrate to the United States and obtain a Green Card. This form is usually approved if it can be established that a relationship exists between you and your relative that qualifies for immigration to the United States. Once a petition is approved, the second step in the process is when the immigrant relative applies to become a lawful permanent resident (LPR). In some cases, the family member must wait until a visa number is available before applying. An immigrant visa is always available for immediate family members (spouse of a U.S. citizen; unmarried child under 21 of a U.S. citizen; or parent of a U.S. citizen who is 21 or older).

Previously, USCIS provided specific services in their international offices, typically in countries where USCIS does not do a lot of work. Now, DOS will take over some of these services. Eligible active-duty military members who are based overseas can file their Form I-130 locally with DOS, and so will select non-military petitioners who meet designated criteria for consular processing.

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b2ap3_thumbnail_asylum_20200302-173025_1.jpgThe United States proudly labels itself “the land of the free and the home of the brave” and this tagline is fairly well known throughout the world. Because of this statement and the numerous rights that American citizens are granted, many foreigners look to the United States as a safe harbor when they need it most. Many will apply for immigration while others will seek asylum on American soil. Knowing the difference and understanding the application process can save individuals from experiencing further difficulties and persecution abroad.

What Is Asylum?

Individuals seeking asylum are looking for protection from a threat of persecution or if they were persecuted in the past. This is typically in regards to their race, religion, nationality, membership in a social group, and/or political opinion. These are often protected rights that we take for granted as Americans but that many foreigners are not given. Those seeking asylum are known as refugees or asylees. These individuals have been forced to flee their own county due to persecution, war, or violence.

Legal Steps for Seeking Asylum

There are two ways in which an individual can apply for asylum in the United States: the affirmative asylum process or the defensive asylum process. Those who choose to use the affirmative asylum process must be physically present in the United States and must do so within one year of arriving in the country. A U.S. Citizenship and Immigration Services (USCIS) officer will view their application and decide whether or not they will be granted asylum. Those who are denied and have an expired visa can defer to the defensive asylum process as their alternative.

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b2ap3_thumbnail_immigration-laws.jpgThe U.S. Department of Homeland Security (DHS) recently implemented the Inadmissibility on Public Charge Grounds final rule. As of February 24, 2020, the U.S. Citizenship and Immigration Services (USCIS) is mandating this implementation of its new Public Charge Rule across the United States. The new rule requires that a set of circumstances be applied to make a proposed determination of whether an intending immigrant is likely to become a “public charge” at any time after admission to the United States. This means the Intending Immigrant must demonstrate that he or she is capable of being financially independent in the United States after receiving residency. All Adjustment of Status applicants are subject to the new rule, although there are a few exceptions, including refugees, asylum seekers, U and T visa applicants, as well as special juvenile immigrants and interpreters.

A Two-Fold Determination

When foreign nationals enter the United States, they are expected to become self-sufficient under immigration law. This applies whether they come on a temporary basis for work or a permanent basis to live. Essentially, aliens must rely on their own competence and assistance from relatives, friends, and private institutions instead of public benefits.

According to the final rule, public benefits include any monetary funds for income maintenance, some forms of Medicaid, and specific housing programs. It may also include Supplemental Security Income, Temporary Assistance to Needy Families, and Supplemental Nutrition Assistance Program.

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IL immigration lawyerAs part of the Department of Homeland Security, the United States Citizenship and Immigration Services (USCIS) is the federal agency that oversees lawful immigration to the United States of America. The agency manages the process that allows individuals from other countries to live and work in the United States. Part of USCIS’s mission is to protect the safety of U.S. citizens. USCIS is currently monitoring the effects of the public health emergency related to the 2019 coronavirus outbreak on its operations. The Center for Disease Control and Prevention (CDC) stated the virus has sickened more than 60,000 people worldwide. In response to the reports that the virus was first identified in China, the U.S. Department of State instructions, USCIS is temporarily closing its field offices in Beijing and Guangzhou. Appointments in those locations will be rescheduled and USCIS will notify the affected applicants by sending them new appointment notices.

Symptoms of the Virus

According to the CDC, confirmed cases of the 2019 Novel Coronavirus have ranged from individuals with mild symptoms to patients becoming severely ill and dying. Some of the typical symptoms can mirror the flu, such as the following:

  • Fever
  • Cough
  • Shortness of breath
  • Congested or runny nose
  • Headache
  • Sore throat

It is important to note that if someone who is in the United States and is sick or starts to feel symptoms of being sick, he or she can reschedule his or her appointment with USCIS by following the instructions on the appointment notice. There is no penalty for rescheduling an appointment due to significant illness.

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IL immigration lawyerThe United States Citizenship and Immigration Services is an agency of the United States Department of Homeland Security that controls the country’s naturalization and immigration system. There have been many changes to immigration laws under the current White House administration, often garnering a lot of news coverage. For those seeking asylum in the United States, understanding the required legal process is the first step in entering the country lawfully. The USCIS recently declared that it will accept applications to adjust the status for select Liberian nationals to lawful permanent resident (LPR). This adjustment is possible according to the National Defense Authorization Act’s “Liberian Refugee Immigration Fairness” (LRIF) doctrine starting for the Fiscal Year 2020.

What Are the Qualifications for LPR Adjustment of Status?

Lawful permanent residents, commonly referred to as Green Card holders, are non-citizens who are legally allowed to live in the United States on a permanent basis. To qualify for a Green Card with LRIF, a Liberian national must meet several criteria before applying, such as the following:

  • File Form I-485, Application to Register Permanent Residence or Adjust Status
  • Is a national of Liberia
  • Has been residing in the United States for a continuous period from Nov. 20, 2014, until the date Form I-485 is correctly filed
  • Is eligible for an immigrant visa
  • Allowed in the United States for LPR status or is eligible for a waiver of inadmissibility or another type of relief

It is also important to know that the spouses, unwed children under 21, and unwed offspring who are age 21 or older of qualifying Liberian nationals may also be entitled to permanent residence. The USCIS will accept properly filed applications until Dec. 20, 2020, which is approximately one year from when the LRIF was put into place.

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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 40 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Naperville, St. Charles, and Chicago.

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