Skip to main content
Jennifer Lynn Bennett

Jennifer Bennett’s Answers

138 total


  • If i cant afford immigration arttoney

    after my first interview, it went well but i was issued an I-72 for proof of shared life... i resend our joint lease which was a month ago before our interview,and we moved...i now recieved notification for a second interview at infopass appointme...

    Jennifer’s Answer

    I know it may be costly to hire an attorney, but it can be far more costly to you not to hire one at this point in time, before you wind up in removal/deportation proceedings. I encourage you to consult with experienced immigration attorneys and find one who you can afford. If you are not able to hire an attorney, you may wish to contact legal aid organizations in your area to see if there are any pro bono attorneys available to assist you. You will need to submit strong proof or evidence of your marriage--a second interview typically means that the government is extremely skeptical of the whether you married in good faith. Good luck to you.

    See question 
  • How can i enter to the US?

    I got a travel visa for 6 months stay.I was illegal stayed in US for 9 years.Now i got back to my country.Is there any different way to go back to US?Or should i find a lawyer in my country ?Thank you.

    Jennifer’s Answer

    I recommend finding a US lawyer to assist you since US immigrations laws apply. There aren't many facts in your post. If you have any basis on which to attempt to reenter the US, you will certainly need to apply for a waiver to enter. The waiver will waive your unlawful presence, having been in the US unlawfully for more than 1 year, and allow you to reenter before the 10 year bar ends if it is granted. Definitely speak with a US experienced immigration lawyer. Best of luck.

    See question 
  • My dad has been in the US.......

    My dad has been in the US for about 8 years now after his visitor visa was expired. I am a US citizen now. Shoud I petition him through form I-130 and wait for approval before he can apply for adjustment of status I-485? or can we send both forms ...

    Jennifer’s Answer

    You may file both forms together since your father is an immediate relative of a USC (yourself), but please be mindful that additional forms and supporting documentation will also be necessary to make the application package complete. I highly recommend hiring an experienced immigration attorney to prepare the applications for you--you want to do it right the first time around since the stakes are higher with your father being out of status right now. Should you make any mistakes, you could put your father at risk and loose all fee's paid to the government, so it may be worth it to pay an attorney to assist you the first time. Best of luck to you and your father either way!

    See question 
  • My i485 and my i765 denied but my i130 interview in a week

    I come from Canada

    Jennifer’s Answer

    Your post doesn't contain enough information for advice at this time. Are you in the US or Canada now? Are you in removal/deportation proceedings? What were the reasons listed for denial in the I-485 and I-765 denial letters that you received? You may be able to file a motion to reopen or reconsider, or appeal, the denial of the I-485, but will depend on the specifics of your particular case. However, the time period to file any motions or appeals is very short, so you should act immediately so as to avoid forfeiting your rights. I suggest you hire an experienced immigration attorney as soon as possible to review your denial letters and help you determine an appropriate plan of attack for your case. Best of luck to you!

    See question 
  • Do I need a tax attorney for a $61,000 tax bill from the IRS?

    Thank you for reading this message. I feel this website has given me life altering advice. I am writing tonight to see about tax law. I believe I need a qualified tax attorney that won't charge an arm and a leg. I have a $61K bill that I just ...

    Jennifer’s Answer

    Wow...that is definitely a large tax bill! I recommend hiring a tax attorney as soon as possible to help you figure out the best plan of attack. f you don't contest it, you will certainly owe it to the government still and it will never go away. An attorney can help you to figure out if you truly owe that amount of money, help you contest it if it's incorrect, and help you to figure out the best method for resolving this matter whether it involves payment or not. Good luck!

    See question 
  • How does CSPA treat over 24 year old child ( protected under EB3) when the principal applicant try to upgrade from EB3 to EB2?

    My kid who is over 24 year old now is protected under CSPA for the EB3 adjustment of status application. I am upgrading to EB2 with same employer. Will my kid still be protected as the original I-485 will be used? or aged out as per EB2 , I 140 C...

    Jennifer’s Answer

    Mr. Calehr has provided a very clear explanation. Based on what you have stated in your post, I agree with him. If your situation is unique in some way, and you believe you may be an execepton, you should consult with an experienced immigration attorney to discuss your specific scenario. Good luck!

    See question 
  • When can I apply for citizenship after after my 10 year green card issued Jun 2012 & my husband/petitioner is divorcing me?

    We were married in Feb.2010 while our divorce court procedure will be on April 2013. I re-entered with the 10 year green card in June 2012. He is threatening to even file for annulment if I answer the divorce complaint with his infidelity, aliena...

    Jennifer’s Answer

    You can apply for citizenship after 3 years if based on marriage, and after 5 years otherwise. Also, as my colleagues have stated you may actually submit the application for citizenship 3 months prior to when you would be eligible. Sounds like you already removed the conditions on your 2 year conditional green card and obtained your 10 year permanent green card--if that's the case, there's nothing further that you need to do right now before applying for citizenship. Your daughter's will have to self-petition to remove the conditions on their green card and obtain their 10 year permanent green cards--whether you have actually divorced or not yet will be important in their cases.

    As for your marriage, it is hard to annul a marriage--there must be specific grounds on which it could be annuled as defined by Illinois statute. Your divorce may raise a red flag to immigration, but immigration is not concerned with the particulars of the divorce--they are just concerned with whether it was in fact a good faith marriage at the time of marriage. So, I wouldn't let your husband's threats worry you.

    I strongly encourage you to hire both an experienced family law and immigration law attorney to help you with each situation. Good luck!

    See question 
  • I suffer from generalized anxiety disorder and panic attacks which cause me to make errors in my work as a service rep.

    I answer phones and service Insurance policies. My anxiety causes me to be inaccurate if I'm put on the spot by a customer. I'm taking medication and doing relaxation plan but have had a written warning from my boss.

    Jennifer’s Answer

    I encourage you to contact an experienced employment and labor law attorney in your area to discuss your situation and obtain advice on the possible consequences. You may also with to contact a disability law attorney to determine eligibility for any benefits.

    Lastly, I would also encourage you to discuss this with any doctors that you are currently seeing--I am sure that they deal with things like this often and may be able to guide you to experienced people to advise you.

    Good luck.

    See question 
  • Can a lawyer not licensed or passed the bar in your state to practice law in your state contact you via phone

    Can a lawyer not licensed or passed the bar in your state to practice law in your state contact you via phone from their state hundreds of miles away representing a company in a small claims case that the company lost and is possibly appealing? ...

    Jennifer’s Answer

    • Selected as best answer

    An unlicensed lawyer may not engage in the practice of law. However, it doesn't sound like that was the case here--sounds like this individual was just contacting you on behalf of the company--its your choice whether to answer or speak with the person, or with anyone from the company for that matter. Also, doesn't sound like it was harassment as it didn't occur repetitively and doesn't seem unreasonable in any way. Sounds like this person was trying to be reasonable and work out the best solution for everyone, and was giving you an honest, heads-up idea of what they are thinking. Appeals can be costly and time-consuming for everyone involved. However, to preserve your best interests, you should consult with an experienced attorney where you live for advice on how to proceed.

    See question 
  • Has there been a change in waiver for one to apply within the U.S. instead of having to leave to apply in their birth country?

    I'm a 25 year-old Mexican. I was brought into the U.S. illegally when I was 3 years old. I've lived in Chicago since; have not left the country; no criminal record. None of my family members have ever petitioned for me. I obtained my Associates De...

    Jennifer’s Answer

    The federal government announced that the waiver process may change back in January, but they did not give us any definite information. It has been said that it may happen by the end of this year, though some people believe it will be sooner. However, it is really unknown still right now. Also, as one of my colleagues has explained, it does not mean that you will not have to return to Mexico at all--it simply means that you would be able to apply for a waiver in the US and know if it was approved or not before going to Mexico to complete the process.This differs from the current process now where you have to leave and go to Mexico without knowing if your waiver will be approved or not. Keep in mind, this is all assuming that you are elgibile for a waiver and able to meet the qualifications. The first step in the process, though, as other have suggested is for your wife to submit an I-130 petition for you. I strongly encourage you to hire an experienced immigration attorney to help you through the process--the consequences of not doing so will cost you far more in the long run if anything goes wrong.

    Last, sounds like you may be eligible for benefits under the new "Dream Act" (deferred action) policy--you may wish to explore this with an attorney as well to determine whether it makes sense for you to apply or not.

    Good luck with everything!

    See question