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Elizabeth Bruen’s Answers

45 total


  • F-1 student caught shoplifting

    I am a F-1 student caught shoplifting in Chicago. I was arrest by police then. Since the value of the merchandise was less than $100 and it was my first time arrest, my criminal attorney assured me he was able to dismiss the case and expunge it la...

    Elizabeth’s Answer

    Please speak to an immigration attorney in Illinois. Many criminal defense attorneys indicate to clients that a case will be "dismissed" when supervision in Illinois is complete, but that is still a conviction for immigration purposes. Whether it will affect your future immigration applications will depend on the charge.

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  • Do I still have to sign the i-864 form for my wife if I am currently unemplyed and have a co-sponsor?

    My wife and I filled out all the necessary forms to adjust her status as of permanent resident. However, I am currently unemployed and I wonder if it still be helpful that I complete the form I-864...I lose my job few months ago and I am still loo...

    Elizabeth’s Answer

    With all due respect to the prior poster, as the petitioner, you are required to file a Form I-864 even if you have a joint sponsor unless your spouse has earned or can be credited with 40 quarters of work in the United States. It is not optional. See page 1 of the instructions for the form here:

    http://www.uscis.gov/files/form/i-864instr.pdf

    Respectfully,
    Elizabeth

    Elizabeth Rompf Bruen
    Scott D. Pollock & Associates
    105 W. Madison Street, Suite 2200
    Chicago, IL 60602
    (312) 444-1940 (phone)
    (312) 444-1950 (fax)
    ebruen@lawfirm1.com
    www.lawfirm1.com

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  • Can i travel to India and come back without any issues?

    HI I am Indian citizen ...I was on H4 visa earlier and my husband's company filed for my green card (as an Adjustment) in July 2011 as our priority date become current...My husband has got his green card and i have got the fingerprinting notice d...

    Elizabeth’s Answer

    • Selected as best answer

    I would recommend speaking to an immigration attorney before you travel. Based on your question, it sounds like you are no longer in H-4 status (since you said you had an H-4 earlier and your husband - who I assume had an H-1B - is already an LPR). You also do not mention whether you have a current advance parole travel document. After your biometrics appointment is completed, it typically takes at least a month to receive the Lawful Permanent Resident card in the mail - and if an interview or additional evidence is required, it would likely be longer. If you travel before your case is approved but without advance parole, you will abandon your application for adjustment of status.

    Respectfully,
    Elizabeth

    Elizabeth Rompf Bruen
    Scott D. Pollock & Associates
    105 W. Madison Street, Suite 2200
    Chicago, IL 60602
    (312) 444-1940 (phone)
    (312) 444-1950 (fax)
    ebruen@lawfirm1.com
    www.lawfirm1.com

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  • My wife is sponsoring me for a green card. She is U.S Citizen, i am here in U.S.A on student visa.

    Also, i am working Full time with reputed comapny in U.S.A. So, for I-864 (Affidavit of support) can i use my income too or i have to use my wife's only? Please advise me ,, thanks.

    Elizabeth’s Answer

    You do not mention whether or not you are authorized to work. If you have an EAD based on OPT or CPT and are authorized to work for your current employer than your income can be included on the I-864. If your work is unauthorized then it may not be included.

    Respectfully,
    Elizabeth

    Elizabeth Rompf Bruen
    Scott D. Pollock & Associates
    105 W. Madison Street, Suite 2200
    Chicago, IL 60602
    (312) 444-1940 (phone)
    (312) 444-1950 (fax)
    ebruen@lawfirm1.com
    www.lawfirm1.com

    See question 
  • I just had my marriage interview, she take out my I-94,but the officer said she will send the result within 90 days

    The question and answer went well..Is it denied? Thanks.

    Elizabeth’s Answer

    I think your experience is pretty typical for interviews at the USCIS Chicago Field Office. Most officers tell applicants that they will receive a decision in the mail within 90 days. In my experience, the answer usually comes within 30 days - either via email through the USCIS online system recommended by a prior poster or in the mail.

    Respectfully,
    Elizabeth

    Elizabeth Rompf Bruen
    Scott D. Pollock & Associates
    105 W. Madison Street, Suite 2200
    Chicago, IL 60602
    (312) 444-1940 (phone)
    (312) 444-1950 (fax)
    ebruen@lawfirm1.com
    www.lawfirm1.com

    See question 
  • I had an interview in early 2008. Myself and my wife were separated. I think they are about to call us for another.

    I haven't receive the notification since they kept sending it to the wrong address even-though I had updated with them several times and even scheduled and info pass. I received an intent to deny in late 2009 which I responded to and since, case ...

    Elizabeth’s Answer

    I agree with prior posters. It is possible that your case is still pending, but it could have already been decided and the notice sent to the incorrect address. Regardless, it is important for you to determine the status of your case. Hiring an experienced immigration attorney would be helpful with this process. The attorney could attend an Infopass appointment with you to determine the status of the case, email the local office or call the supervisor in charge of cases like yours, and call the immigration court to determine whether or not your case was referred to the court without your knowledge. In some circumstances, an attorney can also assist you in obtaining a stamp in your passport that will serve as evidence of you permanent resident status until you receive your new, 10 year card.

    Respectfully,
    Elizabeth

    Elizabeth Rompf Bruen
    Scott D. Pollock & Associates
    105 W. Madison Street, Suite 2200
    Chicago, IL 60602
    (312) 444-1940 (phone)
    (312) 444-1950 (fax)
    ebruen@lawfirm1.com
    www.lawfirm1.com

    See question 
  • Married a US Citizen who never filed anything!!

    This is on behalf of my cousin: She married a US Citizen and they've been in a bona fide marriage for 6.5 years. They have two daughters, ages 2 and 5. In the last several years, things have been going pretty badly. No physical abuse, but emot...

    Elizabeth’s Answer

    With all due respect to prior posters, additional information is needed to confirm whether or not VAWA would apply to your cousin's situation. In order to be eligible for relief under VAWA, your cousin would need to prove she was legally married to her husband, that the marriage was real, that her husband is a USC, that she lived with her husband, that she suffered from either battery or extreme cruelty, that she is a person of good moral character, and that she is not otherwise ineligible. Her lack of current immigration status does not necessarily prevent her from applying for VAWA, but she will need to discuss her immigration attorney with an experienced immigration attorney to fully assess the case. Divorce can affect a person's ability to petition for VAWA benefits.

    Respectfully,
    Elizabeth

    Elizabeth Rompf Bruen
    Scott D. Pollock & Associates
    105 W. Madison Street, Suite 2200
    Chicago, IL 60602
    (312) 444-1940 (phone)
    (312) 444-1950 (fax)
    ebruen@lawfirm1.com
    www.lawfirm1.com

    See question 
  • Can I be eligible for a green card even though I claimed to be a citizen in a I-9 form? I am married to a US citizen.

    I came to this country as a student and after graduating I stayed in the US. When I applied for a job, in the I-9 form I put down that I am a citizen because I did not know what else to put.

    Elizabeth’s Answer

    • Selected as best answer

    I must respectfully disagree with the prior poster. You will be interviewed by the Chicago Field Office of USCIS. In almost every adjustment of status interview they ask whether or not you have falsely claimed to be a U.S. citizen. They also frequently ask for I-9 forms to verify whether or not someone has made a false claim to U.S. citizenship. Our office has sucessfully overcome charges of false claims to U.S. citizenship in certain circumstances in the past, but this will almost certainly be an issue in your case.

    I would strongly suggest that you speak with an experienced immigration attorney before you file for permanent residency.

    With respect,

    Elizabeth Rompf Bruen
    Attorney at Law

    Scott D. Pollock & Associates, P.C.
    105 W. Madison Street, Suite 2200
    Chicago, IL 60602
    Phone: 312-444-1940
    Fax: 312-444-1950
    ebruen@lawfirm1.com

    Please be sure to visit our recently renovated website at www.lawfirm1.com.

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  • Does a DUI disqualify me from obtaining my US citizenship?

    I got a DUI in January 2010 and is on supervision until August 2011. Will that affect my ability to obtain US citizenship? Also, should I place my application in now or do I wait until my supervision ends? I do have a few tickets on my driving rec...

    Elizabeth’s Answer

    Some of the information posted by prior posters is not correct.

    Supervision in IL does not constitute a conviction under IL law, but it WILL constitute a conviction under immigration law (the definitions of "conviction" are different under IL law and federal immigration law). It will be disclosed on the naturalization application because it asks if you have ever been arrested. It will also likely be disclosed when USCIS fingerprints you as part of the application procedure.

    The Chicago USCIS office (which would process your naturalization petition) often takes the position that it cannot grant a naturalization application until the supervision is completed (though this is not specifically required by the statute or regulations).

    I would recommend that you have a consultation with an immigration attorney that is familiar with the immigration consequences of crimes. Simple DUI does not usually prohibit naturalization or render someone deportable, but the attorney should review your immigration history and all the criminal documents relating to your arrest to make sure that you are eligible for naturalization and not at risk of deportation.

    Respectfully,

    Elizabeth Rompf Bruen
    Scott D. Pollock & Associates, P.C.
    105 W. Madison Street, Suite 2200
    Chicago, IL 60602
    Phone: 312-444-1940
    Fax: 312-444-1950
    ebruen@lawfirm1.com

    See question 
  • US citizenship

    I was born in the US but moved overseas when I was 11. I didn't move back to the US til I turned 21. I am now married and I have one child. My child was born abroad and is now a green card holder. Can I apply for a certificate of citizenship for m...

    Elizabeth’s Answer

    With all due respect to the attorney that last responded, your daughter's date of birth is necessary to determine whether or not she became a U.S. citizen by operation of law and is therefore eligible to apply for a certificate of citizenship. Our office is in Chicago, and we regularly work with the United States Citizenship and Immigration Service's Chicago Field Office - as well as the local US passport offices - on these issues. Please feel free to contact me if you would like to discuss the details of your case.

    With respect,

    Elizabeth Rompf Bruen
    Attorney at Law

    Scott D. Pollock & Associates, P.C.
    105 W. Madison Street, Suite 2200
    Chicago, IL 60602
    Phone: 312-444-1940
    Fax: 312-444-1950
    ebruen@lawfirm1.com

    Please be sure to visit our recently renovated website at www.lawfirm1.com.

    See question