Daniel Warren Thomann’s Answers

Daniel Warren Thomann

Chicago Immigration Attorney.

Contributor Level 15
  1. Received I-130 approval which mentions not eligible for AOS at this time. I am AOS in the US but received NVC case number.

    Answered over 1 year ago.

    1. Daniel Warren Thomann
    2. Gunda Johanna Brost
    3. Wendy Rebecca Barlow
    4. Irene Vaisman
    5. Alexander M. Ivakhnenko
    6. ···
    9 lawyer answers

    "not eligible" in the approval notice means that at the time the application was approved, you were not eligible to adjust status in the US because your priority date was not current (the key words aren't "not eligible" - they are "at this time"). You state that you have been in legal status the past 5 years, so assuming that you are still in valid status and are otherwise eligible (for example, you don't have a foreign residency requirement, you are not disqualified by adverse criminal...

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  2. Can you fly in from outside USA to file I-131 and then leave out of country with next few days. Since u can fly back for biometr

    Answered over 2 years ago.

    1. Daniel Warren Thomann
    2. F. J. Capriotti III
    3. Eric D. Ledbetter
    4. Robert West
    4 lawyer answers

    I think it depends on your status and what your reason for filing the I-131 is (are you an LPR seeking a re-entry permit or an adjustment applicant seeking advanced parole, for example). It seems to me that if you need a re-entry permit in the first place you may not be able to fly back in order to file the I-131. You may want to consult an attorney directly to make sure that you need to file an I-131 and that filing it will address your situation.

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  3. Can immigration lawyer represent you in court without jurisdiction in your state?

    Answered over 1 year ago.

    1. Judy A. Goldstein
    2. Giacomo Jacques Behar
    3. Daniel Warren Thomann
    4. Lynne Rogers Feldman
    5. Michael Hugh Carlin
    6. ···
    11 lawyer answers

    You can find out if his lawyer was licensed in Illinois via the Illinois ARDC website (I've attached the link), but it is highly unlikely that it would be a factor in your brother's appeal for at least two reasons. First, as has been pointed out by my colleagues, the immigration court is federal and does not require that attorneys be locally licensed as long as they are licensed in some state. Second, attorney errors or misdeeds are not grounds for an appeal unless they affected the outcome...

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  4. Adjustment of Status issues for Same-gendered, bi-national couple with visa over-stay issue

    Answered over 1 year ago.

    1. Daniel Warren Thomann
    2. Miroslava Orduno Rincon
    3. Anu Gupta
    4. Gunda Johanna Brost
    5. Khaja M. Din
    6. ···
    8 lawyer answers

    As you can probably tell, the number of questions you have is very high, and perhaps what you need to do is sit down with an immigration attorney and go over everything in detail (including additional questions that you will probably only think of in the course of the consultation). Generally speaking, though, if your Iowa or NY marriage would be valid where contracted (ie. if they don't require you to live there), then yes, you should be able to apply for his green card in terms of the...

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  5. Hii, Almost I stayed 7 years illegally in usa..Now i want to go back to my country I do not have any criminal history.

    Answered over 1 year ago.

    1. Daniel Warren Thomann
    2. Alexander M. Ivakhnenko
    3. F. J. Capriotti III
    4. Gunda Johanna Brost
    4 lawyer answers

    If your intention is simply to go back home you should not have any issues doing so - but if you plan to return to the U.S. someday you should probably consult an attorney directly to go over the specifics of your situation and understand your options. You may also wish to have an attorney look over the revocation of your U visa to see whether it was proper. Good luck!

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  6. I have just got married with a USA citizen. Can i sponsor my parents and a sibling for a green card?

    Answered over 1 year ago.

    1. Daniel Warren Thomann
    2. Alexus Paul Sham
    3. Gunda Johanna Brost
    4. Sergey Vladimirovich Makarov
    4 lawyer answers

    Congratulations on your marriage! You will be able to petition for your parents as "immediate relatives" once you naturalize and become a citizen (3 years from "green card" if married to a citizen, 5 years otherwise). Under current law you would then also be able to petition for your brother, but in preference category F4 - however, if immigration reform passes this year, it's possible that the F4 category will be eliminated, so your sibling may need to immigrate through your parents. Good luck!

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  7. I am on a working visa. I plan to put up a small business with my aunt who is a permanent resident here.

    Answered 11 months ago.

    1. Daniel Warren Thomann
    2. F. J. Capriotti III
    3. Giacomo Jacques Behar
    4. Stephen D. Berman
    5. Gunda Johanna Brost
    6. ···
    8 lawyer answers

    Congratulations on this opportunity. Unfortunately your questions depend on numerous individual factors that you should go over directly with an attorney. For example, the type of work visa you have is a very important detail, as are the type of investment you plan on making and the type of business your aunt plans to establish. You may also want to contact an accountant for some of the financial and tax issues unrelated to immigration that may come up. Good luck!

    9 lawyers agreed with this answer

  8. Im from Macedonia.I have green card issused 1976.Im out of US for 30 years.Can I go back in US?It is my green card valid or not?

    Answered over 1 year ago.

    1. Daniel Warren Thomann
    2. F. J. Capriotti III
    3. Nassim Arzani
    4. Lalita Haran
    4 lawyer answers

    Permanent resident status is presumed to have been abandoned when you are out of the country for one year. People are often questioned about abandonment if they are gone for longer than 6 months. There are certain circumstances when that presumption can be overcome, but after 30 years I just don't think it would be possible. Ggood luck!

    9 lawyers agreed with this answer

  9. Motion to advance ... immigration court

    Answered 11 months ago.

    1. Carl Michael Shusterman
    2. Daniel Warren Thomann
    3. Judy A. Goldstein
    4. Alexander M. Ivakhnenko
    5. Gunda Johanna Brost
    5 lawyer answers

    That depends on the judge, as they have their own calendars. Additionally, the October government shutdown, the holiday season and judge absences (due to illness or for other reasons) may contribute to unexpected delays in the adjudication of some motions, particularly if the reason for the motion is not directly tied to the merits of the case (examples of motions to advance that are tied to the merits of a case might involve a child who is a "qualifying relative" for relief that is about to "...

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  10. My boyfriend got arrested and now he is being held in county jail by ICE. If we get married, will they still deport him?

    Answered about 1 year ago.

    1. John L. Sesini
    2. Daniel Warren Thomann
    3. Aggie Rachel Hoffman
    4. Aneliya M. Angelova
    5. Stephen D. Berman
    6. ···
    9 lawyer answers

    Marriage alone would not have any direct effect on his situation, but that doesn't mean that his case is lost. You need to meet with an immigration attorney directly to go over the details of his immigration and criminal history as well as his employment and family in the U.S. He might qualify for an immigration bond and relief from removal (deportation), but it's impossible to say without knowing a number of details about the case. I suggest gathering all the court and police records for...

    10 lawyers agreed with this answer