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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
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IL immigration lawyerMany people all over the world have hopes and dreams of becoming a U.S. citizen. They may want to flee their homelands because of religious persecution there or to obtain a better education or career path here. In some extreme cases, foreign nationals are desperate to escape a dangerous situation. If the proper legal steps are not taken to lawfully enter the United States, criminal charges can result. For example, falsely claiming to be a U.S. citizen can carry significant consequences.

Penalties for False Claims of Citizenship

Falsely claiming citizenship is a serious offense in the United States. The most common wrongful claims to citizenship occur in the below scenarios:

  • Registering to vote in a local, state, or federal election if prohibited from doing so
  • Checking “U.S. citizen” on an I-9 Employment Eligibility Verification form
  • Claiming to be a U.S. citizen on a student loan application
  • Attempting to obtain a U.S. passport
  • Claiming to be a U.S. citizen in order to obtain a citizenship benefit

Regardless if you misunderstood the directions on a form and mistakenly made a false claim to U.S. citizenship, you can be “removable” from the United States. The forms of punishment can include:

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IL immigration lawyerThe topic of immigration can be confusing, especially with all the terms associated with the legal process. Under U.S. immigration law, DACA stands for Deferred Action for Childhood Arrivals. DACA is a policy that allows certain people who are in the United States unlawfully (after coming to the country as children) to receive a renewable two-year period to defer deportation and become eligible for a U.S. work permit. The current administration announced the rescission of DACA in 2017. However, some illegal aliens are still able to renew their applications through federal court orders that have allowed USCIS to resume accepting requests. It is important to note that USCIS will not accept requests from individuals who have never before been granted deferment under DACA.

Who Is Eligible for DACA?

DACA began under the Obama administration in 2012. Individuals who meet the following criteria can apply for DACA:

  • Under 31 years of age as of June 15, 2012
  • Came to the United States while under the age of 16
  • Have continuously resided in the country from June 15, 2007, to the present
  • Are currently in school, have a high school diploma or GED, or was honorably discharged from the Armed Forces or Coast Guard
  • Have not been convicted of a felony offense or more than three misdemeanors
  • Do not pose a threat to national security or public safety

The Future of DACA

Although the current White House administration put a stop to DACA in 2017, advocates and states filed lawsuits challenging the decision. In January of 2018, the first federal court to consider the issue entered a preliminary injunction that allowed persons who have or had DACA to apply for renewal of their protections. The future of DACA remains uncertain, as federal courts have agreed that the termination of DACA was likely unlawful.

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IL immigration attorneyThe opportunity to work in the United States is a dream for many people all over the world. In some cases, qualified workers wish to share their knowledge and experience with American employers. The United States immigration system allows for some immigrants to enter the country on a work visa. An employment-based visa can be an ideal way to obtaining a Green Card and eventually permanent residence status. Not only does it take significantly less time than family-based immigration, but employers willing to sponsor foreign nationals have access to resources that can help pave the way for a successful immigration application. These employment-based visas can be for individuals who work in a variety of fields or industries. The application process can be intimidating, so it is important to seek professional legal counsel to ensure you are completing the necessary paperwork.

Different Categories of Work Visas

Every fiscal year, approximately 140,000 employment-based immigrant visas are available to qualified applicants under U.S. immigration law. Employment-based immigrant visas are separated into five “preference” categories. The employment preference categories typically classify jobs by the level of education necessary to perform the job. Below are the different types of categories:

  • Employment Preference (E1): Person with extraordinary abilities (artists, athletes, professors, executives, scientists, Nobel Prize winners)
  • Employment Preference (E2): Persons with advanced degrees (accountants, civil, chemical and computer engineers, investment managers, business analysts, and chemists)
  • Employment Preference (E3): Skilled workers with two years of training or professional experience or a Bachelor’s degree or unskilled workers who have less than two years of experience or who are in non-seasonal jobs
  • Employment Preference (E4): Missionaries, broadcasters, former NATO, Panama Canal workers, Iraqi and Afghan translators, certain retired NATO-6 civilians and their families, some foreign medical graduates, certain retired international organization employees
  • Employment Preference (E5): Foreign investors in commercial enterprises that will create new jobs in the United States

Based on an approved petition, an applicant’s spouse and any unmarried minor children (under 21), may also apply for immigrant visas. They must also fill out required application forms, obtain necessary civil documents, pay the fees, and provide proof of medical examinations.

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IL immigration lawyerMigrating to the United States for occupational-related purposes can attract the interest of working professionals from all around the world. Athletes, artists, individuals on business, and laborers in search of a new skill can all seek employment in our country. With that being said, there is a requirement of a visa in order to maintain employment in the United States. Depending on the needs of the future employee, he or she can apply for either a temporary or employment-based (EB) visa. Applying for these visas can be difficult, often leaving applicants confused and missing out on future opportunities. Retaining the help of a knowledgeable immigration lawyer could protect your chance at potential residency and employment.

Temporary Work Visa

When a person wants to enter the United States for employment on a fixed timeframe that is not considered indefinite, he or she would apply for a temporary work visa. A requirement of this category is reliant on the future employer to file a petition with the United States Citizenship and Immigration Services (USCIS). Information regarding your personal accomplishments as well as a background on the job you are seeking would help decipher which temporary visa category you would fit into:

  • H-1B: This type of visa is for a specialty occupation, typically held by a trained professional with a bachelor's degree (or its equivalent).
  • H-2A: Relates to individuals seeking agricultural work.
  • H-2B: Relates to individuals seeking non-agricultural work.
  • H-3: Provides the opportunity for training programs (non-medical or academic).
  • L: Applies to individuals working at a home offices affiliate location in a managerial capacity.
  • O: Employs applicants possessing outstanding academic, artistic, or athletic skills or achievements.

Additional stipulations in regard to category “O” are elaborated on further in sections P-1, P-2, P-3, and Q-1; these categories all relate to athletes, artists, and the educationally gifted.

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IL immigration attorneyNot all couples who marry are from the same state or even country. Two people who are engaged to be married may live across the globe from each other. This long-distance relationship can be challenging, emotionally and legally. If someone is a U.S. citizen and wants his or her “betrothed” to live in the United States, there are certain stipulations that must be met first before they can move here. Securing a fiancé(e) visa can be a complicated endeavor, but necessary for a loved one to enter the United States legally. In some cases, couples may choose to get married abroad so the foreign spouse would enter the United States on a K-3 (married) visa. Each couple is unique, so it is best to seek legal counsel to determine the best course of action for your immigration situation.

Immigration Visa Laws

The first step in bringing your foreign fiancé(e) to the United States is filing a Petition for Alien Fiancé(e), which is Form I-129F. This will allow him or her to obtain a K-1 nonimmigrant visa, which is also referred to as a fiancé(e) visa.

A couple must be married within three months and the union must be legitimate, meaning both partners have an intent to begin a life together and the marriage is not solely for immigrating to the United States.

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