Ana M. Mencini & Associates, P.C. Has Been Acquired by Unzueta Law Group, P.C.

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Recent Blog Posts

How Can You Maintain an E-Visa in Illinois?

 Posted on July 12,2024 in Immigration

IL immigration lawyerAs an E-visa holder in Illinois, maintaining your immigration status is important for your continued stay and business operations in the United States. An Illinois lawyer can help you understand the essential information on how to maintain your E-visa status while residing in the state.

Make Sure You Understand the E-Visa Requirements

E-visas are nonimmigrant visas designed for treaty traders (E-1) and treaty investors (E-2) from countries with qualifying treaties with the United States. To maintain your E-visa status in Illinois, you must:

  • Continuously engage in substantial trade or investment activities
  • Maintain your nationality from the treaty country
  • Intend to depart the United States when your E-visa status ends

Comply with Permitted Activities

As an E-visa holder, you must adhere to the activities permitted under your specific visa category:

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Who Needs a Waiver to Apply for Legal Status?

 Posted on June 15,2024 in Immigration

Blog ImageA waiver is a legal document that permits people who would not normally be eligible to enter the United States to apply for legal status. If you are exploring your options for lawfully immigrating to the U.S. and find that you would likely be legally barred from getting a visa or green card, you may still be able to enter the country if you can get a waiver. Obtaining a waiver can be challenging. Immigration courts are usually reluctant to allow people who would normally be disqualified from getting a visa to come to the U.S. If you are seeking an immigration waiver, you must be represented by a skilled DuPage County, IL immigration attorney. Parties without a lawyer are far less likely to be granted a waiver.

Reasons You Might Need a Waiver to Immigrate

There are several reasons a person might need to get a waiver before applying to immigrate legally. You may need to start the immigration process by seeking a waiver if:

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What to Do When You Face Deportation

 Posted on May 03,2024 in Immigration

IL immigration lawyerBeing threatened with deportation - or “removal,” as it is now commonly called - can be terrifying. There is likely a good reason you left your home country for the relative safety and stability of the United States. If you are removed, your likelihood of being legally allowed back into the U.S. is slim. Removal proceedings can be started for various reasons, including an expired visa or a criminal conviction. The most important thing you can do to protect yourself if you are threatened with deportation is to find an aggressive DuPage County, IL removal defense lawyer to represent you.

Removal Based on Criminal Convictions 

American citizens might face jail time if they are convicted of a crime, but immigrants who have not yet become naturalized citizens could be removed from the country. Not all criminal convictions will result in deportation proceedings. It is not always clear which crimes make someone deportable. There is no precise list of crimes that equal instant removal.

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Citizenship for Immigrant Parents and Their Children

 Posted on April 04,2024 in Immigration

IL immigration lawyerGenerally, an immigrant parent who becomes a naturalized U.S. citizen can also obtain citizenship for his or her minor children as long as they meet certain requirements. Parents with minor children often move to the United States hoping to provide a better life for their children. Some parents will move to the U.S. ahead of their children to begin a life and bring their children into the country at a later date. Many parents begin the immigration process primarily because they want to provide better opportunities for their children. If you want your child to become a U.S. citizen through you, it is important to speak to a DuPage County, IL immigration attorney to make sure that your child will meet the legal requirements to become a citizen.

When Can Children of Naturalized Citizens Get Citizenship?

If you are going through the process to become a naturalized U.S. citizen, your minor children can likely gain citizenship through you. Your children must meet certain requirements to become citizens as well. These requirements include:

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Can I Claim Asylum in Illinois?

 Posted on March 14,2024 in Immigration

IL immigration lawyerIf you cannot return to your home country because you would be persecuted based on a protected characteristic, you may qualify for asylum in the United States. If you are granted asylum, you will become a legal resident and will likely be able to become a U.S. citizen. Asylum is often misunderstood. Many people are afraid to return to their home country due to general violence, such as gang or cartel activity or excessive crime. These individuals may not qualify for asylum. To be granted asylum, you must prove that multiple factors exist, such as your protected characteristic and the nature of the persecution you would face if you returned to your country of origin. An Itasca, IL immigration attorney can help you determine whether you may be able to claim asylum.

What You Must Prove to Be Granted Asylum in the United States 

In order to gain asylum, you must prove all of the following:

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Planning for an Immigration Interview

 Posted on February 13,2024 in Immigration

IL immigration lawyerGoing into a government office for an immigration interview can be very intimidating. However, it is a normal part of the immigration process that everyone wishing to become a naturalized citizen must go through. Knowing what to expect - and what to do - before you arrive can help you feel ready and make a good impression. While it is hard to predict exactly which questions you will or will not be asked, your Itasca, IL, immigration attorney can help you prepare for most possibilities. They may be able to sit down with you for a practice interview to make sure you know how to answer some of the questions you will probably need to answer during the real thing. As long as you are honest and polite during your interview, you will most likely do well

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When Do You Need an E Visa?

 Posted on January 18,2024 in Immigration

Itasca immigration lawyerThe E visa is one of the most versatile and valuable visa categories if you are looking to enter the United States for business, investment, or trade purposes. There are various visas, and it is vital to make sure you are applying for the proper one. An Illinois immigration lawyer can help oversee your case and help determine the most suitable visa for you.

Coming to the United States as a Treaty Trader or Investor

One of the most common reasons to pursue visas is under the E-1 and E-2 subcategories for treaty traders and investors. The E-1 visa is meant for those engaged in substantial trade activities between their home country and the United States, such as exporting and importing goods or providing cross-border trade services.

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Removing Green Card Conditions: What to Know

 Posted on December 18,2023 in Criminal Defense

Itasca immigration lawyerGetting green cards through marriage to American citizens still comes with attached strings. Typically, “conditional” residency applies for initial two-year periods while immigration officials watch marriages closely for legitimacy. Post-two years, foreign spouses must confirm genuine marriages by petitioning removal of conditions. Failing this mandatory next step can jeopardize your conditional residency entirely. An Illinois immigration lawyer can help you ensure you are on the right track through the process of removing the conditions.

Understand Requirements

Remember, conditionally permanent resident status and its accompanying green card only convert into non-conditional residency once immigration officials satisfy themselves regarding underlying marriage validity. Pay close attention to the 90-day widow beginning 90 days before conditional green cards expire for submitting applications. All requirements must be strictly followed, or unsalvageable immigration consequences will arise.

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When Do You Need an E Visa in Illinois?

 Posted on November 17,2023 in Immigration

Itasca immigration lawyer

Immigrating to the United States can be a complicated process full of visa categories and legal requirements. One type of nonimmigrant visa issued by the U.S. government is the E visa, which allows qualified treaty traders and investors to temporarily work and live in the U.S. An Illinois attorney can help you with the visa process.

What is an E Visa?

The E visa has two categories - E-1 for treaty traders and E-2 for treaty investors. The E-1 visa is meant for those engaged in substantial trade between the U.S. and the treaty country, such as international transportation of goods. The E-2 visa is geared towards those who have invested or are actively investing substantial capital in a U.S. business.

To qualify for either visa, you must be a national of a country with a treaty of trade and navigation with the U.S. There are over 90 eligible treaty countries, such as Canada, France, Germany, Italy, Japan, Spain, and the U.K. The company where you work must also have the treaty country's nationality.

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Steps to Take if You Are Facing Deportation in Illinois

 Posted on October 17,2023 in Immigration

Itasca immigration lawyerBeing served a Notice to Appear for removal proceedings can be terrifying. However, working quickly alongside an attorney can help you pause or stop deportation. Fighting your case and figuring out all possible defenses takes strategic action. An Illinois lawyer can help you build a solid case to prove why you should stay in the country.

You Need Legal Representation Right Away

Contacting a lawyer right after receiving the notice will give your attorney the lead time to build the most robust case possible. Illinois has a Right to Counsel Act. They will evaluate your situation, identify any grounds to contest removal and handle communications with immigration officials on your behalf.

Gather Relevant Documentation

Work closely with your lawyer to gather documents relevant to your immigration, criminal, and personal history. This includes visas, green cards, birth certificates, marriage licenses, tax records, pay stubs, mortgages, leases, and more. Any evidence that supports your ties to the U.S. will bolster your case. Thorough documentation also helps identify potential defenses.

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