US Immigration Law

What are the differences between asylum and refugee status?

Some people lawfully enter the United States because they have family members living here. Others have opportunities for education or professional development that make them eligible for visas. There are also humanitarian immigration programs that can prove beneficial to people facing hardship in th...

What is a visa overstay in the U.S?

When you are granted a visa to enter the United States, it comes with a specific expiration date. Staying beyond that authorized period, even for a short time, is considered a visa overstay. This situation is not uncommon, but it can carry serious consequences for your future immigration options....

Expunged convictions can still be evidence during deportation

Many individuals pursue expungement to move on from past mistakes and gain access to new opportunities. In some situations, this process can seal a criminal record from public view. However, immigration authorities may still access these records, and expunged convictions can play a role in removal p...

Can getting married help you get a green card?

A green card authorizes you to be a permanent resident of the United States. You’re not a full citizen, but this is a step up from simply living and working in the United States on a visa. If you have a green card, you don’t have to worry about satisfying visa requirements in the same specific ways....

3 groups with first preference for employment immigration

Employment immigration is very important to both the businesses and the workers themselves. It gives businesses a chance to seek high-level employees in any part of the world—not just the United States—and it gives those workers a chance to relocate and seek new job opportunities....

Who can accompany a professional with a work visa?

People considering employment immigration often have questions about the process. For example, they want to know how long they can legally remain in the United States with an employment visa. They may have questions about travel restrictions that apply while they reside in the United States....

There is a grace period for H-1B employment visas

Employers sometimes need to use specific employment visas when they want to bring workers to the United States from another country. One example is the H-1B visa. Employers can work with prospective employees by demonstrating that there is a valid job offer, which can help influence the government t...

Prevailing wage determinations in Illinois PERM applications

If you are an Illinois business looking to sponsor a foreign national for a job, the PERM Labor Certification is a crucial step. This process can seem a bit complicated, especially when it comes to figuring out the “prevailing wage.” Getting this wage right is essential for your employee...

Understanding the PERM labor certification process

Understanding the PERM (Program Electronic Review Management) labor certification process is vital for U.S. employers hiring foreign workers. This certification is a key step in obtaining an employment-based green card for your employees. Here is a breakdown of the process to help you grasp what is ...

Are you required to provide your employee’s immigration status?

Immigration is vital in farming, hospitality and food service, healthcare, construction and manufacturing. The U.S. Chamber of Commerce states that many jobs would remain unfilled even if all unemployed people took available positions. Immigration and census data show that early retirement, older wo...

3 immigration scams businesses should know

Businesses often rely on international talent to stay competitive. However, the increasing complexity of immigration processes has led to scams targeting businesses. Here are three common immigration scams that business owners should be aware of to protect their companies and employees....

The role of E-Verify in Illinois: A guide for employers

As an employer in Illinois, you know that immigrant workers bring a wealth of unique perspectives, languages and skills to the table. They can boost your business’s competitiveness and innovation, creating a diverse and skilled workforce....

K-1 visas and work authorization for your fiancé

Reality shows depict the process of obtaining a fiancé visa in a very narrow and entertaining light. While the process can go smoothly and without issue, the reality is that many of those seeking to bring a foreign fiancé to the United States to marry encounter issues or delays along the way....

Guidance for internal Form I-9 audits by employers

Employers in Illinois and elsewhere can hire Immigrants on various visas. While this is a great way to bring in talent around the world, there are federal rules and regulations that need to be complied with when making such a hire....

Data suggests immigration helps the economy

Major metropolitan areas like Chicago are seeing more news these days about the impact of immigration on the local infrastructure and social services. But, what about the impact of immigration on the economy? Well, according to one recent news article, data seems to show a positive impact....

Addressing the challenges of hiring immigrant workers

In Illinois, few topics generate as much attention as immigration. There are many layers to the debate. For businesses, it boils down to increasing their productivity and profit. In many instances, that means they need to hire immigrants who can perform certain duties based on their skills and educa...

Businesses can help with visas to hire well-educated immigrants

Illinois businesses that are trying to advance and improve in a competitive environment will look everywhere for employees that can help them. That includes hiring well-qualified immigrants. Since Immigration is such a controversial topic in today’s atmosphere, it is imperative to understand the opt...

Appealing an immigration application denial

The United States welcomes immigrants from all over the world each year; however, there are some situations where an immigrant’s application is denied. Fortunately, there may be an opportunity to appeal the decision....

Understanding I-9 audits

An I-9 form is used to verify the identity and employment authorization of individuals who are hired in the United States. There are sections of this document that both the employee and employer must complete....

Employment visa eligibility

The United States has many opportunities for employment in several different fields of work. If a person who is not a U.S. citizen is interested in applying for a U.S. employment visa, there are several important steps to follow....

Know your immigration rights

The current climate in the United States for immigrants is rather complicated. Immigration authorities are stricter now about enforcing immigration laws and the presence of sanctuary cities. The Attorney General’s Office has launched a campaign called “Know Your Rights” to make thi...

What is happening to Title 42?

A portion of the U.S. Code has been receiving a lot of attention lately as would-be immigrants continue to pile up on the country’s southern border....

Circuit Court of Appeals applies the brakes to DACA

Legal pathways for citizenship have remained a topic of conversation since the Deferred Action for Childhood Arrivals (DACA) became law in June of 2012. A press conference by Democratic senators addressed a recent decision by U.S. Appeals Court for the Fifth Circuit has renewed discussion on the iss...

First Preference EB-1 employees: what are the requirements?

When running a business in Illinois, there is always competition. Trying to stay one step ahead is complicated. Finding qualified employees who can provide value may not be easy. In some cases, it is necessary to expand the search beyond the United States and hire people from other countries. Since ...

Key points about an employer petition for immigrant employees

The United States is becoming increasingly strict about its immigration policies and that is especially true for people who are specifically coming to the country to work. Illinois employers who are considering prospective employees from other countries will have certain responsibilities if they are...

Can I get a green card through my employment?

For immigrants that are currently working in the United States, your work could be your pathway to a green card. Indeed, employment-based visas are a common way for immigrants to establish permanent residency and eventually, citizenship. Each EB visa is given a priority level based on the skill leve...

The role of an employer who sponsors a work-based immigrant

When we think of immigration – both the application process and obtaining resident status or citizenship – we tend to think of immigrants themselves. But businesses can play a large role in that process, by sponsoring the immigrant in hopes of obtaining them as a long-term employee. It can be a win-...

Bypassing green card eligibility for foreign nationals

Being able to work in the United States under a green card visa is a complicated and time-consuming process, and one that can delay skilled foreign nationals from entering the country to provide indispensable services to industries in need of their specialized abilities....

As an immigrant, how do I interact with the police?

What many immigrants forget is that, regardless of their status (legal or otherwise), everyone on United States soil is covered by the Constitution. Though, even for those immigrants that know this, they may still not know how to interact with police because of a fear of losing their status or being...

I-9 audits and what they mean for your business

Federal law requires that employers maintain accurate I-9 forms on all current employees, so that their identity and eligibility to work can be verified. An I-9 audit occurs when federal Immigration officials select a business for the verification process, reviewing the company’s records to ensure c...

Do you need a work permit to work in the U.S.?

Immigration law in the United States can be extraordinarily complex and therefore challenging to understand. Yet, successfully navigating it could mean the difference between building the life you always envisioned for yourself and your family and being removed from the country altogether. That’s wh...

DHS returns to ‘targeted’ approach towards enforcement actions

The Department of Homeland Security has released guidelines regarding who is to be prioritized for enforcement proceedings. It is stepping away from the approach taken by the previous administration and will move forward with a more categorical or “targeted” approach. Under the previous administrati...

Recent DACA ruling stokes more confusion about Dreamers’ future

Immigration law and the potential changes that have been proposed and attempted over the past five years have placed Illinois residents and people across the nation on an emotional pendulum. This is especially true for those who fall into the category of “Dreamers” and were subject to the Deferred A...

Biden administration reverses where immigrants can be arrested

Being an undocumented immigrant in the Chicago can be stressful. On one hand, you came to this country in seek of a better life for you and your loved ones. You may have been escaping poverty or war in your home nation. However, once in the U.S. you may live in constant fear of being arrested by U.S...

Who can seek asylum in the United States?

The stability and safety of foreign nations is ever-changing. Many individuals who live abroad do not feel safe or secure in their home countries. Some risk traveling through war-torn nations to reach safety in the United States as asylum seekers. Of those who make it to America, some settle right h...

How the family immigration process works

For those living in another country wanting to immigrate to the U.S., one method of immigration is through family sponsorship. If the foreign citizen has an immediate relative that is already a U.S. citizen or a lawful permanent resident, that relative can petition for the foreign citizen’s immigrat...

Biden White House outlines immigration reforms

The US immigration law regime could see drastic changes with a new president in the White House. The Biden Administration described the ways it intends to reform the immigration system in a press release earlier this month....

Federal visa restrictions ruled illegal

Earlier this year, the federal government announced rules that would seriously limit the number of visas issued to skilled workers under its H-1B visa program. On Dec. 1, however, a federal judge in California struck down two federal rules designed to restrict this US immigration law program because...

Suspension of DACA program invalid, court rules

Although a U.S. Supreme Court ruling reinstated the Deferred Action for Childhood Arrivals (DACA) program in July 2020, the current administration has continued to chip away at the application process and effectively halted the program, pending Department of Homeland Security (DHS) review. According...

Five categories of worker visas

People interested in coming to the United States from other countries may apply for a visa related to their employment. The United States Department of State indicates that the dependent children under 21 years of age and spouse of an applicant may also request a visa to accompany their family membe...

Cases against protesting DACA participants dismissed

For those people in Chicago who are not native to the United States and still under immigrant status, the fear of deportation may be ever-present. Not only do they need to monitor their activities in regard to their immigration status, but they also have to keep in mind that other actions (such as a...

How to prevent allegations of immigration status discrimination

As a Chicago employer, you likely have applicants and employees with a wide variety of immigration statuses. Just as it is illegal to discriminate against employees and job applicants based on protected statuses like race, nationality, gender and disability, it’s also illegal to discriminate b...

What does it mean to have dual citizenship?

Many people who move to the United States wish to eventually gain citizenship so that they may fully enjoy the rights and benefits offered to citizens through the government. When seeking U.S. citizenship some individuals may choose to give up their citizenship in their home countries. Others may el...

Third country rule to become American immigration policy

A person who enters onto American soil may seek asylum by demonstrating that they may suffer persecution in their home country. Asylum exists to offer safe harbor to individuals who have suffered under the policies of their governments because of their beliefs and traits. Across Illinois, individual...

Government announces immigration raids

Last month President Donald Trump announced that immigration raids would take place across the nation to identify and remove allegedly illegal immigrants from the United States. Those raids were put on hold. However, it has been publicized that they will in fact happen and will begin after the 4th o...

What does it mean to seek asylum in the United States?

Every year thousands of people arrive in the United States from countries throughout the world. Some of these travelers are just that – individuals who wish to visit the country to learn about its history and culture, and who wish to experience the tastes, sounds and sights of America for them...

What happens when an immigrant overstays their visa in the U.S.?

There are a variety of reasons to apply for a visa to enter the United States. Immigrants entering the U.S. at Illinois or any other state should understand that a visa holds certain restrictions or requirements. In other words, a visa, no matter what type, does not afford a foreign national the rig...

Guiding you through the visa application process

Whether it is for work, education, love or a fresh start, foreign nationals need more than just a reason to come to America. Proper documentation and paperwork is necessary for those seeking to temporarily or permanently reside in the U.S. Applying for a visa may seem routine; however, it can be a c...

Applying for an E-3 work visa

Foreign nationals across the globe come to America for a wide variety of reasons. One of these reasons is for work. Whether it is long term or for a short duration, immigrants need to get the proper documentation and file the appropriate paperwork to work in the U.S. In some cases, specific work vis...

Naturalization and the citizenship exam

As a previous post highlighted, many foreign nationals come to America through Illinois and other states to establish citizenship. While it can be a lengthy process, it is possible for immigrants to successfully enter the path to citizenship and complete it without any issues. This process is also k...

Applying for a fiance visa

Reality television often glamourizes normal life events. Even when something is not normally experienced by individuals in Illinois and elsewhere, a television series can leave out the challenges that are often associated with it. Take for example the reality series that follows U.S. citizens on the...

What is the path to citizenship?

Coming to America means so many different things to immigrants currently residing in the nation. For some, it is a life long dream to come to the United States for school or a career. For others, it means a better chance for their family. And for some, it means escaping a very challenging and dire s...

Measure would provide Irish nationals with E-3 visas

Many individuals from a wide range of countries seek to come to the United States to obtain temporary or permanent employment. However, in order to come to America for employment, a certain process must be followed. This requires obtaining the proper documentation, such as a specific visa, for the t...

How do immigrants lawfully work in the U.S.?

For some, obtaining employment is challenging. Thus, when a person obtains their dream job, it is something that they do not want to turn down. For foreign nationals, it is a bit more complex, as they must ensure they have applied for the proper visa so they can travel to the U.S. and obtain employm...

Understanding student visa options and requirements

Visiting America is often a goal of many foreigners. In some cases, nationals from other countries seek to come to the U.S. for more than just a limited visit as a tourist. Because there are many opportunities in Illinois and other states, immigrants will enter the U.S. with a specific visa, allowin...

What are the requirements for an asylee to obtain a green card?

Traveling to America is typically an exciting event for foreigners; however, each person traveling to the U.S. has a different story and their own reason for entering the United States. In many cases, their trip is short lived and only for tourism. In other cases, the goal is long term or permanent....

Caps lowering for immigrants seeking asylum in the U.S.

For some immigrants entering the U.S., resettling in the United States is their goal. While this might be for career opportunities, others take this step because of the fear of persecution in their home country. Seeking asylum is not a rare step taken by immigrants; however, it is an area of immigra...

Understanding the naturalization process

Foreign nationals come to the U.S. for a wide variety of reasons. While many of these reasons cause a foreigner to be in the country temporarily, there are some reasons to make a stay permanent. And when immigrants seek to make Chicago or any other city their forever home, there are required steps. ...

How can an immigrant avoid removal?

It can take much time and effort for an immigrant to leave their home country and venture to America. The goal may be to remain in the U.S. for an extended period of time, or possibly, make it their new home. No matter what the end goal may be, immigrants coming into the country at Illinois or any o...

What it means to have dual citizenship

When a person is born in a country, he or she becomes a citizen of that country. So, in simple terms, a person born in the U.S. then becomes a citizen of the U.S. While this is very straightforward, it can become more complex as dual citizenship is possible. As the name implies, this means a person ...

Understanding the rights of a lawful permanent resident

Some immigrants enter the United States as a means to see the county, traveling to major tourist locations. Other immigrants seek to remain in the U.S., taking steps to lawfully reside in the country. By filing for a green card, these immigrants are open to certain rights and privileges other immigr...

Understanding asylum and what makes immigrants eligible

There are many reasons why foreign nationals come to the United States. While some seek to just visit and sight-see, others seek to make their move permanent, as they have nothing back at home. In some cases, immigrants decided to leave their home as a means to obtain a better life and escape persec...

What questions are asked in a citizenship examination?

Immigrants come to America for various reasons. And some of these reasons turn into entering the path of citizenship. While citizenship is not the goal of all immigrants in America, it is often sought after, making it important to understand what this process entails. In other words, what must an ap...

ICE raids lead to workplace arrests

Besides tourism, one of the biggest reasons immigrants come to America is to find work. While there are many legal avenues to accomplish this endeavor, not all foreign nationals go through the legal channels to obtain a work visa to relocate to the United States for a period of time. Thus, immigrant...

How can you change a nonimmigrant status while in the U.S.?

For many immigrants, it is common to come to the United States as a tourist. In order to do so, a visitor visa is required. This visa allows the foreign national to travel within the U.S, for a designated amount of time. If that time is about to lapse, it is possible to obtain an extension. However,...

Citizenship through naturalization

While the reasons range greatly, some Illinois immigrants come to the United States to make it their home. Every day, immigrants seek to obtain citizenship. However, this is not an easy process. It can be a lengthy, making it vital for immigrants seeking to become a citizen to understand the process...

What is the difference between an asylum seeker and a refugee?

A person’s purpose for coming to America can vary greatly, as this is dependent on the person and their ultimate goals for their visit. For some, it is truly a visit. Many foreigners come to Illinois and other U.S. states to see the country as a tourist. Others attempt to stay in the country l...

New directive could impact asylum seekers

As a previous post highlighted, some immigrants come to America as a means to gain a safe haven. Because the foreign national is afraid of persecution in their home country, their best option for survival is to flee their home country, come to the United States and seek asylum. While asylum seekers ...

A day in the life of an immigrant detainee

Hundreds of immigrants are being held in detention facilities across the country awaiting decisions on their immigration status. But when they are suddenly plucked from their communities and disappear, many Americans are unaware of the trauma they’ll endure before being sent back to their birt...

What is dual citizenship?

When foreign nationals leave their country to come to America, they seek to remain in the United States for specific reasons. While they look at the U.S. as their new home, some immigrants do not see this situation as giving up their past life in their home country. Thus, some immigrants do not want...

New municipal ID created for immigrants

Relocating to the United States means a wide variety of things to the immigrants starting fresh in a new country. It could be a work opportunity, the ability to reconnect with family, starting a family with a spouse that is a citizen or even escaping persecution in your home country. Whether you are...

If fleeing violence does not count as seeking asylum, what does?

Of the 50 most dangerous cities in the world, 42 belong to Latin America. Although the continent only makes up 8.5 percent of the world’s population,   27 percent of global homicides are committed within this region alone. As the Trump administration is attempting to limit the requirement...

Liberated immigrants want to go home but ICE will not let them

After fighting to be freed from behind bars for a crime they did not commit, Gabriel Solache and Arturo Reyes want out of the U.S. The two Mexican citizens made arrangements to return to their native country after serving 18 years out of life sentences for murder. Although this is not the typical st...

Helping one address immigration employment issues

To remain competitive in the expanding Illinois market, businesses often think outside the box. For some, this means employing people who do not live in the U.S. By bringing a different focus to the company, employing foreigners can be very beneficial. However, companies need to take certain steps t...

Can one work in the U.S. with a student visa?

Many foreigners come to Illinois every year. While some of these individuals are just visitors on vacation, others seek to come to America for education and work opportunities. For those relocating to the U.S. for higher education, a student visa will be necessary. Depending on what a student plans ...

Is my child a U.S citizen if born overseas?

The U.S. state department estimates roughly 9 million U.S. citizens live overseas. Apart from learning a new language and adapting to an unfamiliar culture, the expat lifestyle can become even more complicated if you find yourself expecting a child on foreign land. Typically a child born in a foreig...

What is needed for immigrants to work in the U.S.?

While many foreigners come to the United States as tourists, many enter the country to work temporarily or permanently. This can be a major business endeavor or just an opportunity sought by an individual. However, no matter the reason for coming to work in the U.S., immigrants entering in Illinois ...

Helping a spouse obtain permanent status

Whether you just recently moved to the U.S. or are here only temporarily for work, many immigrants seek to maintain their newfound life in America. Because of that, many seek to bring over family members to help with this process. This is especially true if an individual does not want to return to t...

The rights and responsibilities of legal permanent residents

There are a wide variety of reasons for foreign nationals to enter the United States. While some might visit Illinois and other states for tourism, others seek to make their stay more permanent. Although work visas help immigrants to enter and remain in the United States for a certain period of time...

Teen blogger from Singapore granted asylum in Illinois

Individuals from all over the country venture to the United States for a wide variety of reasons. For some, this is for a vacation, while others seek to work in the country temporarily or long-term. In some instances, foreign residents enter the U.S. with the hope that it could save them from harm a...

How can you obtain dual citizenship?

Being a citizen of the United States is often very beneficial and the goal of many individuals throughout the world. While a person born in the U.S. is considered a U.S. citizen, this is not the only even that could result in an individual being considered a U.S. national. Whether you were born abro...

Helping your company address immigration business issues

Working in America is a dream of many. Because many foreigners seek to obtain what has been built up and known as the American dream, the U.S. tends to see an influx of immigration into the nation. Whether it is a business operating in the United States or an individual obtaining employment in the U...