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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

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 US immigration laws

Il immigration lawyerMany foreigners come to the United States looking to start a new life by becoming permanent, lawful residents. Maybe you are a student hoping to study at an American university, a person seeking more employment opportunities or a parent who wants a better life for their family. Anyone looking to become a lawful permanent U.S. resident will need to properly apply and obtain a green card. For those with family members who are already U.S. citizens or permanent residents, they are eligible to begin the immigration application process with the help of their family and an experienced attorney. Since the immigration process is very detail-oriented, time-consuming, and momentous to those looking to become permanent residents, it is important to have an immigration lawyer working by your side.

Green Card vs. Citizenship

The difference between lawful permanent residents, also known as green card holders, and U.S. citizens can be confusing for those considering immigrating to the United States. Those with green cards are not considered U.S. citizens, but are able to legally reside and work within the U.S. The main difference between permanent residents and U.S. citizens is their ability to vote in U.S. elections. Citizens are able to vote, while permanent residents are not able to do so. Permanent residents are also unable to travel outside of the United States for a prolonged period of time as it could affect their residency status. Additionally, green card holders are not eligible for all forms of federal assistance until they have resided in the U.S. for at least five years. There are a number of ways that one can become eligible to obtain their green card, but it is important to know which category of familial relatives you fall under so that the application is properly completed.

Immediate Relative Immigrants

Immediate relatives of U.S. citizens have the ability to obtain their green cards based on their relationship with their family member. This is an option to try and keep families together. If you meet any of the following descriptions, you are considered an immediate family member:

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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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IL immigration lawyerEven if you are a citizen of the United States, you may have relatives who are not. Whether you were born here or immigrated to this country later in life, you can help other relatives become lawful permanent residents (LPR) by obtaining a Green Card. In order to do so legally, you need to sponsor your family member and be able to prove that you have an adequate income or assets to support him or her upon entrance to the United States. Once your relative arrives, it may take some time for him or her to acclimate to the new culture. Your community may have resources that are dedicated to refugees, immigrants, and international visitors to ease the transition.

U.S. Immigration Law

The law gives special consideration to immediate relatives of a U.S. citizen, which means there is no waiting list to immigrate these relatives. Immediate family members include:

  • Spouse
  • Unmarried children under 21 years of age
  • Parents

Resources for Immigrants

Moving to the United States from a different country can be a major lifestyle change. In many cases, it requires a significant period of adjustment for the foreigner. In addition, many immigrants come to this country after experiencing trauma or persecution in their native land, such as war and other forms of violence. Navigating two cultures and figuring out how best to fit in can present its fair share of difficulties, especially between generations. Immigrants can also be targets of discrimination when they arrive here. Learning to cope with these challenges can be difficult, but there are resources available.

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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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IL immigration attorneyThe U.S. immigration process can seem intimidating to someone who has never stepped foot in the United States before. An immigrant cannot simply come here without having proper documentation. There are many terms and designations that foreign nationals need to understand if they want to enter the country legally. A person from a foreign country who wishes to enter the United States lawfully must first obtain a visa, which is a travel document issued by the individual’s country of citizenship. There are different types of visas, so it is imperative that those going through the immigration process understand which visas are available to them. The United States Citizenship and Immigration Services (USCIS) in conjunction with the Department of Homeland Security (DHS) has announced the countries that are eligible to participate in the H-2A and H-2B visa programs.

Who Made the Cut?

For the year 2020, the Secretary of Homeland Security has determined, in concurrence with the Office of the Secretary of State, that the countries designated eligible in 2019 will remain the same. DHS has the authority to add countries to the list at any time. They can also remove a country if DHS and DOS determine that a country fails to qualify for classification. Examples of circumstances that may lead to the exclusion or removal of a country from the list include:

  • Fraud
  • Abuse
  • Denial statistics
  • Overstay rates
  • Human trafficking

In addition, any other forms of noncompliance with the qualifications of the H-2 visa by nationals of that country would render a country ineligible.

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