Chicago Immigration Law Blog

How to enhance a chance of your H-1B petition being selected for FY 2010 lottery?

By Jae Lee of Francis Law Center posted in H1B on Tuesday, March 19, 2019.

H-1B petitions must be delivered to USCIS between April 1 and April 2019 in order to be eligible for Fiscal Year 2010 lottery selection. There are about 65,000 regular H-1B quota numbers plus 20,000 advanced-degree quota exemptions available in 2020.

USCIS will begin accepting H1B filings for 2020 on beginning on April 1, 2019. If your petition is delivered before April 1, it will not be considered for the lottery selection based on the recent H-1B lottery selection patterns. Due to overfilling of H-1B petitions, USCIS will stop accepting new filings received by April 5, 2019.

Experts question Trump's decisions regarding immigration

On behalf of Francis Law Center posted in Family Immigration on Saturday, March 16, 2019.

Immigration has always been a hot topic in government discussions but has gained even more traction and attention since Donald Trump has taken office. Even though establishing the groundwork for seamless immigration processes has been a longtime goal of government officials, it continues to be a work in progress with no end in sight. For immigrants in Illinois who are seeking asylum in the United States, the increase in major decisions by the government in relation to immigration could continue to slow the progress for many.

In the most recent controversy surrounding the Trump administration and the decisions they are making in regards to immigration, it was announced that all overseas offices that process immigration requests are going to be closed permanently. The announcement was followed by a description of the decision with officials citing cost-effectiveness and a desire to address the backlog of immigration requests on American soil as the reason. However, experts are concerned that this potentially irrational decision could backfire and put even more strain on an already weighed down organization.

How immigration helps the economy

On behalf of Francis Law Center posted in Family Immigration on Monday, March 4, 2019.

It is sometimes politically expedient for those in government, and/or those who want to get into government, to take a firm stance against immigration, claiming that it poses a threat to the culture, economy and way of life in the United States. However, claims that immigration is detrimental to the economy, both in Illinois and throughout the U.S., are demonstrably false. In truth, immigration actually helps the economy by providing a steady flow of new workers and generating tax revenue at both the state and national levels.

According to NPR Illinois, by the year 2050, the percentage of the U.S. population over the age of 65 will be about 22 percent. As this segment of the population drops out of the workforce due to age, the stability of the economy requires newer, younger workers to replace and support them.

Twins divided by U.S. citizenship

On behalf of Francis Law Center on Thursday, February 28, 2019.

Aiden and Ethan Dvash-Banks were twin brothers who were born minutes apart. However, one was considered a United States citizen while the other was not. How does this happen?

It sounds like the beginning of a convoluted riddle, but the reality was that the twins were sons to two married men, an American citizen and an Israeli citizen. The American father’s sperm conceived Aiden while the Israeli father’s sperm conceived Ethan. The surrogate mother gave birth to the boys in Canada during 2016.

Brazilian man facing deportation after arrest

On behalf of Francis Law Center posted in Family Immigration on Sunday, February 24, 2019.

The immigration process can be a precarious one, even for those who might appear to have distinct advantages in getting their applications approved. It may be well-known that those who have the sponsorship of family members already legally living in the United States have a leg up on those who do not. Yet one should be mindful of their actions during any part of the immigration process, whether it be while waiting to get approval to enter the U.S. to working to secure permanent residency after having already been admitted to the country. Any missteps could lead to either an automatic denial of entry to deportation.

That is what a Brazilian man is facing after he was arrested in Massachusetts for possession of child pornography. He is currently in the custody of Immigration and Customs Enforcement authorities after having been arrested by local law enforcement officials at the beginning of the month. ICE officials have already stated their intention to initiate deportation proceedings after he answers for the criminal charges he is facing.

What is a grace-period for H-1B status holders when terminated?

By Jae Lee of Francis Law Center posted in H1B on Sunday, February 17, 2019.

The H-1B visa program is an employment-based visa inherently tied to the visa holder's specific job. Therefore, loss of this specific position can be detrimental to a visa-holders' ability to stay in the United States and continue working. In order to address this concern, beginning on January 17, 2017, the United States Citizenship and Immigration Services (USCIS) issued a new federal rule, granting H-1B holders a 60-day grace period in the circumstance of job loss or termination. This rule was not originally intended to cover resignation of a position.

How does the use of Advance Parole impact my H1B status

By Jae Lee of Francis Law Center posted in H1B on Sunday, February 17, 2019.

Many H-1B status holders have pending Adjustment of Status application. Advance Parole allows an individual to travel outside of the United States with a pending Adjustment of Status application. It is essential to apply for Advance Parole if you have a pending Adjustment of Status application because if you travel abroad without this document, your application will be considered abandoned. However, there is an exception for H-1B and L-1 visa holders, who do not need to apply for Advance Parole prior to traveling. If you are considering traveling abroad as an H-1B visa holder with an Adjustment of Status application pending, here are some considerations to be aware of:

Family-based immigration: who has priority?

On behalf of Francis Law Center posted in Family Immigration on Monday, February 11, 2019.

If you are a U.S. citizen either by naturalization or permanent residency, you have the right to petition for family members from out of the country to join you here in the United States. Those family members do not need to wait in line for a visa but rather, get priority for green card status. If you live in Illinois and wish to petition for a family member, you should first know for which family members you can petition before you begin the process.

According to the U.S. Citizenship and Immigration Services Program, there are several relatives for which you can petition to live in the United States. For whom you petition effects the immigration status the U.S. grants him or her.

What do I do if I have a "marriage fraud bar?"

By Jae Lee of Francis Law Center posted in Family Immigration on Thursday, January 31, 2019.

The most common type of family-based immigration in the United States is a marriage-based one. In some cases, your foreign-born spouse may have some issues with his or her prior marriage. One of the most challenging issues is a marriage fraud bar.

What are the new H1B rules for 2019?

By Jae Lee of Francis Law Center posted in H1B on Thursday, January 24, 2019.

The Department of Homeland Security (DHS) recently announced its proposal for a new H1B rule called the Registration Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Cap-Subject Aliens. The new rule would require filers of H1B petitions to electronically register first with the U.S. Customs and Immigration Service (USCIS) during a designated period. The new rule would also reverse the order by which USCIS selects H1B petitions under the cap and advanced degree exemption.