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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
Subscribe to this list via RSS Blog posts tagged in green card

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 lawyerWe sincerely hope that you have not been a victim of a crime while temporarily visiting, studying, or working in the United States. But if you have, you should be aware of the immigration benefits available to crime victims under the nonimmigrant U visa program.

How to Qualify for a U Visa as a Crime Victim

To qualify for a U nonimmigrant visa, you must meet the following criteria:

  • You were the victim of a qualifying crime, as a result of which you suffered substantial mental or physical abuse.
  • You possess information about the crime that would be helpful to law enforcement.
  • A federal, state, or local law enforcement official certifies, on a form that is attached to your visa application, that you are helping or have helped law enforcement in the investigation or prosecution of that crime.
  • You must meet the standard criteria for admissibility to the US or obtain a waiver of inadmissibility.

Types of Crime that Qualify for a U Visa

Qualifying crimes are generally violent or sexual crimes such as being kidnapped, held hostage, raped, beaten, or forced into prostitution.

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Posted on in Immigration

IL immigration lawyerSometimes, someone seeking a way to stay in the U.S. may have nothing tangible to rely on. They may not qualify for Deferred Action for Childhood Arrivals (DACA) or have a valid asylum claim, and they cannot adjust status because of a criminal record or because they arrived in the country as an undocumented immigrant. In these types of situations, especially if you are in removal proceedings, the best option that may be available is called cancellation of removal. It will not work for everyone, but it may be a possible method by which you or a loved one can remain in the United States.

Mostly For LPRs

Cancellation of removal is a form of deportation relief that is almost entirely discretionary, meaning that the immigration judge in charge of your case can choose whether or not to exercise it. This is markedly different from other methods of relief, which are usually codified in the law - for example, the Violence Against Women Act (VAWA) explicitly contains language allowing some abuse victims to adjust status to that of a green card holder if they can prove certain facts about their mistreatment. Cancellation of removal is sometimes called prosecutorial discretion, even though it is most often judges (not prosecutors) who are able to use it.

Cancellation of removal is available most often to people who are lawful permanent residents (LPRs), or in other words, green card holders. The Attorney General may exercise their prerogative to cancel the removal of any green card holder who has (1) resided in the U.S. for at least 7 years while in legal status; (2) has been an LPR for at least 5 years; and (3) has not been convicted of any aggravated felony - in other words, does not have a major criminal record.

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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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Posted on in Immigration

Chicago immigration attorneys, petition for alien relativeMany people speak casually of getting a “family-based green card” or a “family visa” to the United States. However, not everyone understands what that actually entails. In order to obtain lawful permanent resident status due to family ties, you cannot simply say you are related to a U.S. citizen and receive your visa; you must also meet several other requirements designed to show that you are not a danger and you can support yourself, or you have someone to support you. The process can become complex. 

Who is Eligible?

Most people are aware that spouses, parents, and unmarried children of citizens are eligible (if all the other criteria are met) to receive family-based permanent resident status. However, there are actually several categories whose members may be eligible if a petition is completed. There is no distinction between any of these; if the person is not inadmissible, and he or she is able to show the correct affidavit of support and other documents, then he or she may receive permanent resident status as long as the petition is in order. 

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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.

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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