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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: 630-443-0600

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

Il immigration lawyerImmigration has been in the news a lot lately, especially stories about the crisis at the United States/Mexico border. Although a lot of migrants want to come to the United States, it is crucial they learn the proper terms and procedures for obtaining U.S. citizenship. Adjustment of status is the legal process for applying for permanent resident status when a person is in the United States. This is also known as applying for a Green Card. A person may obtain a Green Card without having to return to his or her home country to complete visa processing. However, if someone is outside of the United States, he or she must obtain a visa through consular processing abroad.

Steps for Adjustment of Status

There are several things a person must do before receiving a Green Card. The following are the main steps in the Adjustment of Status process:

  1. Determine eligibility (category) for application of a Green Card.
  2. The applicant or another party must file an immigrant petition (if applicable).
  3. Make sure there are visas available (if applicable).
  4. File Form I-485.
  5. Go to local Application Support Center appointment.
  6. Go to an interview (if applicable).
  7. Reply to a request for additional evidence (if applicable).
  8. Check on the status of the case.
  9. Receive a decision.

U.S. immigration laws have different categories under which an immigrant can apply for Adjustment of Status. The eligibility requirements vary depending on the immigration category. The first step in this process is to determine which (if any) immigrant category a person belongs.

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IL immigration lawyerThere are a lot of terms when discussing the immigration process. Naturalization is the legal process by which a non-citizen in a country can become a citizen in that country. It is important to know there are two means of obtaining U.S. citizenship. Any person born in the United States or born in another country to parents who are U.S. citizens is automatically a U.S. citizen by birthright. That person can claim his or her citizenship at any point in time. The second way someone can obtain U.S. citizenship involves naturalization, which is a legal process of certain requirements that must be met to claim citizenship.

Qualifications for Applying

After going through the immigration naturalization process, a person will have many rights of a natural-born citizen. He or she can vote, travel using a U.S. passport, run as a candidate for a U.S. government office, and seek employment with the U.S. government. The naturalization process usually begins with “lawful permanent status,” which means an individual must first obtain his or her green card. This can be done by a family member or employer sponsoring a person, among other ways. Once someone has secured a green card, he or she must obey all the laws of the United States for a set period of time, typically five years. Unique exceptions to some of these rules are made for military members as well as other applicants.

There are other qualifications an individual must meet before even applying for naturalization besides just residency, including the following:

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IL immigration lawyerGreen cards are immigrant visas that confer permanent residence. Under the current immigration system, there are “per-country caps” put on the number of green cards issued. In certain categories, no country may receive more than 7 percent of the available green cards. Recently, the House of Representatives passed the Fairness for High-Skilled Immigrants Act of 2019 bill. The Act eliminates the per-country limit for employment-based immigrant visas, and increases the per-country limit for family-sponsored immigrant visas. The bill hopes to remove the backlogs for highly skilled workers coming from larger countries, permitting them to work and obtain permanent resident in the United States, as well as their spouses and children.

The Pros

  • Increases the level of H-1B visas and employment-based green cards
  • Addresses the backlog and expedites the process for permanent residency quicker.
  • Brings additional skilled talent to the United States, making the country more competitive in the global market.
  • Unites families who were separated due to the long waiting periods.

The Cons

  • Eliminating the limit for each country could potentially bring in a large number of immigrants who would put a strain on the processing limits and back up the system again.
  • The per-country cap might be the only way the United States can control the high number of immigrants entering from a specific country.
  • Eliminating the existing cap will potentially make the distribution of these visas in favor of India and China, two dominant countries.

Although the bill has been praised as a wise move to increase the availability for needed highly skilled workers, it has also faced criticism regarding its secretive nature. Enough Republicans joined the Democrat-held House in giving the necessary votes for it to pass without discussion. It will likely be under scrutiny in the Republican-held Senate. U.S. labor unions will lobby against it in an attempt to protect the American worker from losing his or her job. The bill will most likely be sent back to the House after the Senate has proposed amendments to it.

Contact an Illinois Immigration Lawyer

Immigration is a very important issue these days. Coming to the United States means a new life for many people who are fleeing unsafe conditions in their native lands. There are many steps to the citizenship process, so it is imperative you understand the laws as they pertain to you or your loved ones hoping to immigrate. Mevorah Law Offices LLC assists clients in achieving their dreams of becoming a U.S. citizen. Call a dedicated Illinois immigration attorney at 630-932-9100 today to schedule a free consultation.

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IL immigration lawyerThe issue of immigration and deportation has been in the news a lot lately, most recently with President Trump’s tweet about ICE raids. ICE stands for Immigration and Customs Enforcement, and it is an agency within the Department of Homeland Security. ICE was created by the U.S. government in 2003, partly in response to the 9/11 attacks on the United States in 2001. It is important to distinguish that ICE is separate from Customs and Border Protection, which is responsible for securing the United States’ borders with Canada and Mexico. The most recognized division of ICE is called the Enforcement and Removal Operations (ERO). This department of the agency arrests, detains, and deports illegal immigrants who are already in the United States.

Duties of an ICE Agent

All ICE agents and deportation officers with ERO are expected to uphold U.S. immigration law at all times within, at, and beyond U.S. borders. The primary duties of ICE agents are to:

  • Enforce customs and immigration laws
  • Protect federal facilities and commercial airlines
  • Apprehend, process, detain, and deport illegal or criminal aliens

In addition, part of the immigration agents’ job is to interview people seeking entry into the United States. These encounters with ICE agents can sometimes be nerve-wracking for the immigrants, but the agents must follow specific protocol. It is also important to understand that immigrants also have the right to remain silent and have an attorney present before answering any further questions. In a lot of cases, people dealing with ICE are undocumented immigrants, people in the United States on a visa, or green cardholders.

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IL immigration lawyerForeign travel is a wonderful way for people to see and experience other countries. Often times, a person will travel with family or friends or even a tour group. In general, a citizen of a foreign country who would like to come to the United States for any reason must first secure a visa. Different types of visas are available depending on the situation. A foreign national who wishes to visit the United States for tourism must first obtain a visitor visa (B-2). Tourism is defined here as a short visit for vacation, for visiting family and friends, for business purposes, but it can also include medical treatment. It is important to understand immigration laws if you or a loved one is applying for this type of visa.

Types of Visitor Visas

A visitor visa is considered a nonimmigrant visa since it is for a temporary stay. This is different than an immigrant visa, which is for people who are seeking permanent residence in the United States. Visitor visas can be for business, for tourism, or for a combination of both. Below are some examples of these types of visas.

Business (B-1)

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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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