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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

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

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
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IL immigration lawyerThe United States Citizenship and Immigration Services (USCIS) recently updated its policy guidelines regarding residency requirements in the Immigration and Nationality Act (INA) to adhere to the Citizenship for Children of Military Members and Civil Servants Act that was just put in place. The INA was enacted in 1952, and it contains many important provisions of immigration law. However, it has been amended over the years to reflect societal and legal changes. Per the new law, children of immigrants who are stationed overseas for government or military work are automatically granted citizenship.

Immigration and Nationality

Under this new legislation, a child who is not born in the United States can receive automatic citizenship according to INA 320. This applies to a son or daughter who is living in any country other than the United States, as long as the child is recognized as a lawful permanent resident (LPR). Also, his or her parent must be a U.S. citizen and have physical and legal custody of the child. The following must also apply to the parent:

  • Is a member of the U.S. military stationed and living outside of this country
  • Is a U.S. government employee stationed and living outside of this country
  • Is married to a U.S. military member living outside the United States or is a U.S. government worker assigned to work in another country

In addition, the child must meet all relevant requirements to obtain citizenship, with the exception of the typical residence stipulation that is included with INA 320. In immigration cases that involve those who are part of the U.S. Armed Forces, the child and the other parent (who is a U.S. citizen) must have permission to live abroad with the military member based on the member’s official orders.

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IL immigration lawyerThe United States immigration process can be a complicated and intimidating endeavor. There are many forms and documents that an applicant must fill out to legally enter the country. Part of the Department of Homeland Security (DHS), the U.S. Citizenship and Immigration Services (USCIS) is the federal agency that oversees lawful entry to America. The USCIS website provides information on different visas that permit immigrants to come to the United States to live and work. However, if a person is hoping to start a new life or join other family members here, or if he or she is facing removal, it is essential that he or she seeks the help of an experienced immigration attorney who can help navigate the complex legal proceedings.

Understanding the Legal Aspect of Immigrating to the United States

Coming to the United States can be life-changing for an immigrant. In some cases, he or she may be fleeing religious persecution or to obtain a better occupation. Regardless of the reasons for immigrating, legal counsel can expedite the process, strengthen a case, and ensure an immigrant’s rights are protected. In removal proceedings, the government always has an attorney present, so the person facing deportation is entitled to legal representation, too.

Unintentionally making a mistake by filing the wrong document can cost undocumented immigrants if they have to resubmit it and pay an application fee for a second time. Certain filings have a timeline in which they must be completed; otherwise, immigrants risk losing that relief if it is not done on time and correctly.

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IL immigrant lawyerThe U.S. immigration process can be complex, with different visas that allow immigrants to enter and remain in the country. The U nonimmigrant status (U visa) is for victims of specific crimes who have sustained physical or mental abuse and who are able to assist police or government personnel in the investigation or prosecution of certain criminal offenses. Congress drafted the U nonimmigrant visa by passing the Victims of Trafficking and Violence Protection Act (and the Battered Immigrant Women’s Protection Act) in the fall of 2000. The Act was signed by President Clinton and later reauthorized by Presidents Bush, Obama, and Trump. The goal of this legislation was to bolster the authority of police agencies in prosecuting domestic abuse, sexual assault, undocumented immigrant trafficking, and other criminal offenses.

Eligibility for Obtaining U Visa Status

An individual may be eligible for a U nonimmigrant visa if he or she:

  • Is the victim of qualifying criminal activity
  • Has suffered physical or mental abuse as a victim of a crime
  • Has information about the criminal activity
  • Has been helpful with law enforcement’s investigation or prosecution of the offense
  • The crime occurred on U.S. soil or violated U.S. laws
  • Is admissible to the United States

It is important to note that “next friend” refers to a person who appears in a lawsuit to represent an immigrant who is under 16 years old, who is incompetent or incapacitated, or who has suffered significant mental or physical abuse as a result of being a victim of qualifying crimes. These acts include but are not limited to violent crimes such as murder, manslaughter, vehicular homicide, robbery, and rape. The next friend is not party to the actual legal proceedings and does not act as a guardian. If someone is under 16 years old or is unable to provide detailed information because of a disability, his or her parent, guardian, or next friend may provide the information about the crime on his or her behalf. In addition, if someone is not admissible, he or she may apply for a waiver on Application for Advance Permission to Enter as a Nonimmigrant (Form I-192).

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IL immigration attorneyThere are many reasons why a person from another country may want to move to the United States, including to care for relatives, obtain a graduate degree, or to find a better occupation. In some cases, though, an individual may be fleeing religious or government persecution. In many cases, life in America can offer them many benefits.

What Is an H-1B Visa?

The U.S. government offers different types of visas for which immigrants can apply if they want to enter the country legally. These include H-1B visas, family-based visas, student visas, employment-based visas, and temporary visas. H-1B visas allow foreign nationals to work in the United States within specialized industries for a temporary period of time. However, applicants must meet specific criteria in order to be eligible for these visas, including a certain level of education.

Upon receiving the H-1B visa, the immigrant can report to work for his or her sponsoring company. After moving to the United States, the employee is allowed to seek employment with a different employer, or transfer to a different company. H-1B visas may be complicated due to certain issues, such as initial approvals and employment transfers. That is why the legal guidance of a skilled immigration lawyer can help ensure a smooth process.

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IL immigration lawyerThe immigration process involves many forms and steps. To those who have never gone through it, it can be confusing. Depending on the type of immigration benefit the applicant is seeking, he or she may be required to pass a medical examination. For example, those wishing to receive adjustment of status or K or V nonimmigrant visas must have an exam performed by an authorized physician or civil surgeon. It can be performed abroad or within the States. During the exam, the doctor reviews the applicant’s medical and vaccination history. In addition, a new physical, blood test, and chest X-ray will be conducted. However, immigrants who are under 15 years old are typically not required to have a chest X-ray or blood test.

Medical Grounds of Inadmissibility

Although it is not considered a comprehensive physical examination, the exam that is used for immigrant visa applicants does screen for certain conditions. The physician checks different areas of the applicant’s body to identify any condition that would designate him or her as inadmissible to the United States. The doctor can administer any required vaccinations that the individual may be missing. The applicant must agree to be vaccinated and submit proof of the vaccination.

Specific health conditions can be considered a threat to public health. Therefore, a person may not be granted immigration benefits on the basis of medical grounds of inadmissibility. Some of the most common communicable diseases of public concern include:

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