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630-932-9100
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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 status

Chicago immigration attorneys, international entrepreneur, immigration status, obtain immigration status, H1B visasWhile most immigrants who arrive in the United States seek to work in others’ businesses, there are a small amount who seek to start businesses of their own, and to employ others. The previous administration had sought to institute a rule called the International Entrepreneur Rule (IER) which would permit certain potential immigrants to be paroled into the U.S. if they met certain criteria. However, as of May 25, 2018, this rule is slated to be rescinded if no sufficient challenge is mounted. Immigrants who plan to start businesses in the U.S., or who work for an immigrant-owned business, should be aware of this because it may affect their employment status, or even their immigration status. 

Rule Created Jobs 

At the time of its issuance, the IER was hailed as a positive development because of its potential to create jobs for U.S. citizens and immigrants alike. If a potential immigrant was able to show that he or she (1) possessed a “substantial interest” in a startup created in the U.S. in the past five years and were in a position to help that company grow; and (2) that he or she and the company could provide a “significant public benefit” to the country via domestic and foreign investment and job creation (or otherwise merited an exercise of discretion), then he or she would be paroled into the country for a specific period of time. The presence of these well-placed people was a general net positive for many companies.

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Chicago immigration attorneys, I-601 Waivers, I-601 Waiver of Inadmissibility, undocumented immigrant,  immigration status, order of removalWhen someone enters the United States, he or she either does so at an inspection point, like an airport or shipyard, or he or she enters without inspection, by slipping over a border. Entering without inspection (EWI) does make someone undocumented, but many people become confused about the true meaning of EWI and its potential immigration consequences.

Inadmissible vs. Removable

One of the most important misconceptions about EWI is what it means to one’s immigration status. If someone is lawfully present in the U.S. and commits a crime or overstays his or her visa, then he or she becomes removable. In other words, he or she is able to be removed from the country. However, someone who has never been lawfully present in the U.S. cannot technically be removable, because he or she is legally not present. He or she is deemed to be inadmissible instead — one of many grounds for inadmissibility listed in U.S. immigration law.

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Posted on in Immigration

Chicago deportation defense attorneys, immigration status, ICE, undocumented immigrants, deportationOn April 5, 2018, U.S. Immigration & Customs Enforcement (ICE) raided a meat-packing plant in Tennessee, pulling almost 100 people off the job and holding them. While a person, regardless of his or her immigration status, has the right to refuse ICE entry into his or her home, he or she has no such right on the job. If a person’s employer grants ICE entry to the business, any immigrant employee inside is at their mercy. The nature of such raids can cause real problems not only for employers, but especially for their undocumented employees.

An Impossible Position

Generally, most undocumented people in the U.S. simply want to work and keep their head down, and as such, they ask few questions when looking for jobs to do. This can and does result in a higher proportion of undocumented immigrants in low-skill jobs or hands-on jobs like farming or factory work, where an employer needs bodies above all else—the rationale is that such jobs are often hard and dangerous work, and an undocumented person has little or no standing to demand increased wages or benefits, so the employer saves money. If someone complains, all the employer needs to do to quash such behavior is to threaten to report the employee to ICE.

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Posted on in Immigration

Chicago deportation defense attorneys, green card holders, cancellation of removal, DACA recipients, DREAMersAs of this writing, both houses of Congress have failed to pass any comprehensive fix for the lingering question that is the Deferred Action for Childhood Arrivals (DACA) program. Instituted under President Obama, the program has been under attack since the installation of the current administration, being ‘cancelled’ in September 2017, though currently there is an injunction in place against its disbandment. Nonetheless, the question must be asked—if no fix is passed to grant legal status to the DREAMers, what can they do? Is there any reprieve possible?

Expedited Removal is an Issue

One major concern for many DREAMers is what is referred to as expedited removal. The Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA), passed in 1996, instituted the concept, which permits immigration authorities to arrest and deport those in the country for less than two years without giving them a hearing before an immigration judge (which is required for all others charged with immigration violations). Formerly, this was only enforced within the so-called 100-mile zone, meaning that the interior of the country was a safe zone of sorts. This administration has extended the reach of this procedure to the entire country.

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Posted on in Immigration

immigration status, F1 visa,  Chicago immigration attorneys, obtain legal status, Visa Waiver ProgramIn today’s fraught immigration climate, more and more immigrants who come to the U.S. want to be able to adjust from a nonimmigrant visa to an immigrant visa or status which will allow them to remain in the country. Normally, adjusting one’s immigration status is a fairly low-key affair. However, during the current administration, the procedure has become more intimidating. Understanding what is required can make it less so. 

Are You in the U.S.?

It may seem like splitting hairs, but one important factor is that if you are not currently located in the United States, any attempt to change to an immigrant visa or green card is not called adjustment of status. Rather, it is called consular processing, because technically, a putative immigrant who is not in the United States has no status to change. Anyone abroad would simply go through normal consular processing, just for a much longer-term visa than the more common B1/B2.

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