Immigration Law
Dayna Wheatley, LLC represents and counsels individuals and businesses in all aspects of United States immigration law matters, including:
- Visas (including employment and religious worker visas)
- Labor Certification
- Family & Employment based Permanent Residency
- Citizenship
- Asylum
- Appeals from Adverse Decisions
- Deportation/ Removal Defense
- VAWA (Violence Against Women Act)
Frequently Asked Questions*
1. I crossed the border without inspection. Is there any way to legalize my status?
In most cases, there is no way to legalize your status at this time. Not even marrying a U.S. citizen will help. Some exceptions to this rule include:
- You or someone else filed an immigration-related petition on your behalf prior to April 30, 2001.
- You have a credible fear of persecution of someone in your home country based on political opinion, race/nationality, religion, or due to your membership in some other particular social group.
- You are the spouse or child of a U.S. citizen or permanent resident who abused you.
If you are in deportation or removal proceedings, you may have other forms of relief, depending on your nationality, length of time in the U.S., and relationship to U.S. citizen spouses and children.
2. I filed a petition for an alien relative years ago. How can I check the case status?
If you have the application receipt number, you can go to the www.uscis.gov website to check the status of the case.
- Click on the "Case Status Online and Processing Times" link.
- Clink on the link for the paragraph on Finding the Status of Your Case.
- Enter your application receipt number and click "Search."
The response will confirm the filing date of your action, explain the status and let you know the location of your case file. - After you obtain this information, you may want to go back to the page listed in item two (2) and click on the link for "Obtaining a List of Processing Dates." You will then be able to search for your application form number/type according to the case file location. The date listed for your application type will be the average date of applications that the agency is working on at that time. For example, if the date listed is October 1, 2003 and you submitted your application on November 1, 2003, you can assume that the agency has still not begun work on your petition. If the processing date listed is more than 90 days from the date the application was filed, you may call the Customer Service number at 1-800-375-5283 to request a follow-up.
If you don't have an application receipt number and need to know if a visa has become available for your petition, you should refer to the visa bulletin at: http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html. If a date showing for your visa category is current or after the date you filed your petition (called the priority date), then a visa number is available.
3. I committed a criminal offense. What kind of crimes can jeopardize my status?
Generally speaking, if you only committed one offense, and if the offense that you committed had a maximum possible sentence of one year or less, and you were not sentenced to a term of imprisonment in excess of six months, it may not jeopardize your status or your ability to obtain U.S. citizenship. However, even a petty offense can subject you to removal if you were convicted of it within the first five years of your admission to the United States. It is important, prior to filing any immigration application, to obtain a certified disposition of your crime(s) and in some cases it may also be wise to do a private FBI fingerprint check. Be sure to consult with an attorney or accredited legal representative if you have any type of criminal record prior to applying for any immigration benefit.
4. Where should I go for legal assistance?
Only a licensed attorney in good standing or an accredited representative working for a recognized organization may assist you with your immigration paperwork and/or represent you in immigration court. Notarios or other types of immigration assistance providers are not allowed to assist you in the state of Illinois because it is considered to be the unauthorized practice of law, and because many people have been cheated and received poor advice and/or service.
Recognized organizations are non-profit and are not allowed to charge a high fee for their services. However, their services are often limited in nature and may not be open to everyone. You can check whether an organization is recognized by the government by clicking here.
Other good tips on protecting yourself from unscrupulous and unauthorized immigration assistance providers are listed on this website.
* This information is general in nature and does not constitute legal advice. Should you seek personal legal advice for your situation, please schedule a consultation.
