All posts by Cheng, Cho, & Yee, Immigration Lawyers

How Does the F-1 Student Visa Process Work for International Students Studying in the US?

When applying for an F-1 student visa in the U.S., the process will involve completing the appropriate documents and gaining acceptance into a specific educational program, among other steps. Knowing what to expect and the requirements for a student visa can help international students successfully live in the country as students.

Happy young woman holding passport and boarding pass with globe while standing against blue gradient background. F-1 student visa.

What Is the F-1 Student Visa?

The F-1 student visa is a type of nonimmigrant visa allowing students from other countries to gain an education in the U.S. If you want to enter the country on this visa, you need to enroll in a program with a U.S.-based accredited educational institution. You can remain in the country as long as this visa is valid.

Depending on your situation, you can also obtain another visa to continue living and working in the country, such as an H-1B work visa.

What Are the Eligibility Requirements for the F-1 Visa?

There are criteria you must meet if you want to become a student in the U.S. on an F-1 visa. The requirements for the student visa include:

  • Acceptance into a program at an accredited educational institution in the U.S. that falls under the Student and Exchange Visitor Program (SEVP).
  • Proficiency in English or working toward proficiency in English through relevant courses.
  • Enrollment as a full-time student with the SEVP-approved school.
  • Completion of the application from outside the country.
  • Ties with your country of origin, proving that you intend to return to your country after completing your studies on your F-1 visa.
  • Adequate financial funding to support your education and stay in the U.S.

If you meet all of these requirements, you may successfully apply for and obtain a student visa.

Step-by-Step Process for Obtaining an F-1 Visa

Once you’re eligible to apply for the F-1 visa, the process is complicated and lengthy, which is why you may need to consult immigration legal services attorneys for help navigating the entire application process.

The following are the steps involved in the application process for this student visa:

  1. You must gain acceptance into an SEVP-approved school, after which you will be in the Student and Exchange Visitor Information System (SEVIS), which is the system the SEVP uses for tracking nonimmigrant students and educational institutions.
  2. The next step is to pay the application fee for Form I-901, which is currently $350.
  3. After paying your fee, your educational institution will send you Form I-20, which labels you as an official student to further allow eligibility.
  4. Once you’ve completed and submitted Form I-20, you can apply with your country’s U.S. consulate or embassy for the F-1 visa.
  5. You must also complete Form DS-160, which requires many details to prove eligibility for the F-1 visa.
  6. You will then attend an interview with an official at your country’s U.S. consulate or embassy. However, individuals under the age of 13 or over 80 will be exempt from this requirement.
  7. After the interview, you must then pay the $185 application fee to complete the process, but you may also need to pay an additional issuance fee.
  8. Wait for the visa application process to complete and receive your visa.

What Is Considered an SEVP-Approved Educational Institution?

SEVP-approved schools have received certification from the Department of Homeland Security (DHS) to be a part of the SEVP program. Schools must petition for certification by completing Form I-17, Petition for Approval of School for Attendance by Nonimmigrant Student. Once a school has received certification, it will be in the SEVIS system.

Required Documentation for F-1 Visa Application

You will need multiple documents to prove eligibility when applying for your F-1 visa, including Form I-20, a letter of admission from your SEVP-approved school, bank statements and other financial documentation, a valid passport, Form DS-160, two qualifying photos, a receipt for payment of the SEVIS fee, and a Machine Readable Visa (MRV) fee.

Challenges in the F-1 Student Visa Process

When applying for an F-1 student visa, there are challenges you might face along the way. Knowing what these issues are and how to avoid them could help you keep the process smooth and ensure you’re able to receive your visa.

Ineligibility

One of the main challenges you might encounter is ineligibility that leads to a rejection of your application. There are many requirements to apply and steps involved in the application process. Any mistakes, missing information, missing documentation, or other issues could make it difficult or impossible to receive your visa.

Make sure you have everything in order before completing Form I-20 and other forms, and ensure you have sufficient supporting documentation to complement your application.

Overstaying the Visa

Like other types of visas, you only have a limited amount of time to stay in the U.S. and study before your F-1 visa expires. It’s important to know what to do when you overstay your visa if you want to avoid removal and deportation.

Generally, in the case of an F-1 visa, it’s in your best interest to return to your country of origin if you’re in the U.S. when your visa expires. The reason for this is that you won’t have a valid immigration status once the period of authorization is over.

There are four types of immigration statuses in the U.S. to keep in mind. As an F-1 visa-holder, you will classify as a nonimmigrant who doesn’t have the ability to work and live in the U.S. without a student visa.

Once you have returned to your home country, you may begin applying for another student visa or another visa classification. For example, you could apply for an H-1B worker visa if you gain employment with a U.S.-based employer. While you would still need to leave the country during the application process, you could work with U.S. Citizenship and Immigration Services (USCIS) at your country’s consulate to regain entry into the U.S. on a valid visa.

One exception if you overstay your visa is if you are married to an American citizen. In the event of an overstay, your spouse with citizenship could sponsor you as an immediate family member to help you establish lawful permanent residence in the U.S.

Working in the U.S. on Your F-1 Visa

You may want to seek employment in the U.S. while on your student visa, but you must remember that your ability to work is limited on this particular visa type.

Students in the U.S. on an F-1 visa typically cannot gain employment outside their school, with most jobs relegated to on-campus work. If you attempt to work in the U.S., the government could deem you unlawfully present in the country, which could lead to removal and deportation.

As such, you should go through the necessary channels to gain lawful employment in the country while on your student visa. This could entail applying for an H-1B visa once your student visa has expired, and you return to your home country. You could also go through USCIS to receive an Employment Authorization Document (EAD) that allows you to legally work in the country.

How an Immigration Lawyer Can Help You With Visa Delays or Rejections

The application process for the F-1 student visa can be complex, and there are many points when you might face rejection or delays during the process. To help ensure you avoid issues when applying, it’s important to consult an immigration lawyer in Illinois to discuss your needs.

The right attorney can take several key steps to help you complete the application process. For example, he or she could help you prepare all documentation, including the forms you need to complete and the collection of all supporting documents.

In addition, an attorney can work with you to reapply for a visa if you receive an initial rejection, ensuring you meet all eligibility criteria.

Another way an attorney can help is by assisting with the application for a different type of visa, such as an H-1B visa. The process of applying for another visa type while on a student visa can be challenging, but an attorney may handle this for you while you focus on studying at your SEVP-approved institution.

If you face serious repercussions for overstays or other issues such as deportation, an attorney will provide representation to help prevent removal and deportation in many cases.

Understanding the F-1 Visa Process

The F-1 student visa gives international students plenty of opportunities to study in the country at approved institutions. By completing the necessary forms, collecting critical supporting documentation, gaining approval from an SEVP-certified school, and taking other key steps, it’s possible to successfully secure the F-1 student visa.

What Determines Eligibility to Work in the United States?

Numerous factors influence eligibility to work in the United States, including the type of classification you want to seek as an immigrant or nonimmigrant, current government requirements, and proof of eligibility to work. It’s important to understand the criteria you must meet if you wish to gain employment in Illinois or any other state in the U.S. as an immigrant or nonimmigrant worker.

A U.S. border Security agent, inspecting passport at the U.S. customs. Eligibility to work in the United States.

Types of Immigration Statuses and Their Implications on Work Eligibility

One of the main factors that will gauge eligibility to work in the United States is your immigrant status. Noncitizens may work in the U.S. if they are permanent or temporary workers, with the former being lawful permanent residents and the latter being nonimmigrant workers.

These classifications have different requirements in place that people must meet if they wish to gain lawful employment in this country. The following are requirements for a work visa based on immigrant status:

Lawful Permanent Residents

Lawful permanent residents (LPRs) can gain employment in the U.S. with preference visas. Depending on the category, it may require a job offer from a qualified employer based in the U.S., leading the applicant to obtain labor certification.

The following are the preference visas that could authorize LPRs to work in the U.S.:

  • First Preference EB-1: This preference applies to individuals who display “extraordinary ability” in athletics, arts, sciences, business, or education fields. Additionally, multinational managers and executives along with outstanding researchers and professors may apply for a work visa under this category. Labor certification is not a requirement for this preference.
  • Second Preference EB-2: Individuals who display “exceptional ability” in the fields of business, art, or sciences may apply in this category. It also applies to people in occupations with advanced degrees. You will need labor certification in this category unless you qualify for a national interest waiver.
  • Third Preference EB-3: Skilled workers, professionals, and other job classifications can apply for this preference visa, which requires labor certification in all cases.
  • Fourth Preference EB-4: “Special immigrants” can apply for this visa, including U.S. foreign service post workers, religious workers, noncitizen minors who serve as American court wards, and retired international organization employees, among other noncitizen workers. A labor certification is not needed for this category.
  • Fifth Preference EB-5: Investors who make investments of $900,000 or $1.8 million may be able to apply for this preference if they invest in a targeted employment area. Specifically, this investment must go toward a new business venture with a minimum of 10 full-time workers in the U.S. No labor certification is required for this preference.

Nonimmigrant Visa Holders

Some individuals may want to enter the country as nonimmigrants to gain employment, in which cases they may enter via a petition with their prospective employers with U.S. Citizenship and Immigration Services (USCIS).

These applicants may be spouses and children of American residents, with multiple nonimmigrant categories available for workers.

Some examples of these classifications can include CW-1, which is for a CNMI-Only transitional worker, E-1 through E-3 visas for treaty traders and other qualified employees, H-1B visas for workers in specialty occupations or subclassifications, and I visas for representatives in the field of information media.

Regardless of the category, it’s critical to know what businesses and workers should know about L1 visas and other types of visas before beginning to apply for nonimmigrant work in the U.S. The USCIS website provides more information about these categories and their requirements. These categories also differ, depending on whether you’re a spouse or child nonimmigrant seeking work in the U.S.

Undocumented Immigrants

Today, undocumented immigrants share many of the same rights as documented immigrant and nonimmigrant workers in the country, but there are some key exceptions.

The Fair Labor Standards Act (FLSA) helps ensure undocumented immigrants benefit from many of the same protections as documented immigrants and citizens. Specifically, the FLSA establishes that undocumented immigrants have the right to minimum wage based on federal and state laws in place. Generally, undocumented immigrants have access to these benefits in the state of Illinois under the Illinois Workers’ Compensation Act.

What Documents Are Required for Immigration Employment Eligibility?

When determining eligibility to work in the United States, immigrants and nonimmigrants may need different types of documentation to prove eligibility. Depending on the situation, a few of these key documents include:

Federal Tax Documentation

Noncitizens applying for work in the U.S. may need to obtain and maintain federal tax information. Details from the Internal Revenue Service (IRS) can inform you of Taxation of Nonresident Aliens.

Labor Certification

Some preference visas for permanent workers in the U.S. will also require labor certification from U.S. employers who’ve made job offers. These employers will function as sponsors for the immigrant worker and provide sponsorship through a Department of Labor (DOL)-issued labor certification.

Specifically, the labor certification documentation will indicate:

  • That the position is in need of foreign workers when suffering a lack of available, willing, and qualified workers based in the U.S.
  • That employing the applicant won’t have a negative impact on American workers, including their working conditions or income.

Do You Need a Social Security Number to Work in the United States?

Another critical piece of documentation is a Social Security number (SSN). SSNs are necessary for immigrants and nonimmigrants to gain lawful employment and receive other types of benefits from the U.S. government.

If you are a noncitizen and want to obtain an SSN, you will need to receive permission from the Department of Human Services (DHS) to work in the U.S.

How Does the Eligibility Verification Process Work?

Before you can gain employment in the U.S. with a work visa, you must complete the eligibility verification process, which requires sufficient documentation. One important document involved in this process is Form I-9.

What Is Form I-9?

Form I-9, Employment Eligibility Verification, determines employees’ eligibility to work legally in the U.S. Employers must complete one form per employee, including citizen and noncitizen employees. Additionally, employees must complete this form to be eligible to work in the country.

To supplement the form, employees need to provide evidence of their identity and further proof of eligibility.

Once completed, employees and employers will submit this form to either USCIS or U.S. Immigrations and Customs Enforcement (ICE).

What Happens if You Lose Your Job?

Immigrant and nonimmigrant workers could lose their job while employed in the U.S., whether for reasons specific to that employee or due to general company-wide layoffs. In the event of losing your job, you should know what happens if you get fired on a work visa.

In most cases, such as if you are on an H-1B visa, you will immediately become “out of status” if you lose your job in the U.S. Without work, you could face deportation if you aren’t in the country with a valid job. However, you still have options available to you to help avoid removal while on a work visa.

Employees who lose their job while in the country on work visas have a grace period of 60 days to find new employment. This grace period starts on the last day of work and continues for about another two months, unless the expiration date of your I-94 is sooner.

If you are unable to find a new job or don’t want to leave the U.S. after losing your job, you also have the option of applying for a different type of visa to remain in the country. For example, you could apply for a B-2 tourist visa that allows you to remain in the country as a tourist while you’re unemployed. While on this visa, you could continue seeking employment beyond the 60-day grace period. This tactic could also work with student visas, O visas, TN visas, and other visa classifications.

Getting Help from an Attorney

If you need help determining eligibility to work in the United States or have other concerns regarding immigration to the country, consider consulting with an immigration legal services attorney in Illinois to discuss your needs. A good immigration lawyer will help you determine eligibility and assist with:

  • Preparing and completing the necessary paperwork, including Form I-9 and other relevant documentation
  • Determining the right visa as an immigrant or nonimmigrant worker
  • Checking on the progress of visa processing

Regardless of your goals, it’s important to determine eligibility to work in the United States if you wish to work legally in this country on a valid visa, which will depend on the type of visa you want to obtain and the requirements currently in place for immigrant and nonimmigrant workers.

What Is the Difference Between Immigrant Visas and Non-Immigrant Visas? | Cho Immigration Law

The two main types of visas in the U.S. are immigrant visas and non-immigrant visas, with immigrant visas applying to individuals who wish to gain permanent residency in the country, while non-immigrant visas go to individuals who only want to stay in the country for a limited period of time, whether for work or another purpose.

US flag and citizenship and immigration paperwork.

Knowing more about the difference between immigrant visas and non-immigrant visas can help you determine which to apply for and what to expect with the application process.

What Is an Immigrant Visa?

If foreign nationals entering the U.S. want to live and work in the country on a permanent basis, they must apply for immigrant visas. In most cases, applying for an immigrant visa involves getting a sponsorship from either a family member or an employer who can support the person filing. However, some applicants, such as investors and those with Extraordinary Abilities on EB-1 visas, may apply.

Upon receiving an immigrant visa, recipients can begin the process of obtaining a green card that officially labels them as lawful permanent residents (LPRs) who can live and gain employment in the U.S.

Categories of Immigrant Visas

There are several immigrant visa categories that foreign nationals may apply for before becoming green card holders. These categories include:

  • K-1 and K-3 Visas: While a K-1 visa allows fiancées and fiancés to marry American citizens, a K-3 visa allows spouses of U.S. citizens to become LPRs as they wait for the approval of their I-130 immigrant applications.
  • IR1 and CR1 Visas: Both of these allow immigrants to enter the U.S. with the help of a sponsor with American citizenship.
  • IR2, IR5, CR2, F1, F3, and F4 Visas: These visas enable immigrants to enter the country through family member sponsors, which could include parents, children, and other immediate family members.
  • F2A and F2B Visas: People entering on these visas will have a sponsor who is an LPR at the time of filing.
  • E1, E2, and Other Employment-Based Visas: Different types of workers could enter the U.S. with the sponsorship of employers in different industries and lines of work.

What Is a Non-immigrant Visa?

Foreign nationals can apply for non-immigrant visas if they want to enter the country on a temporary basis. They might want to enter the country for a variety of reasons, including work, education, urgent medical care, or leisure.

Non-immigrant visas won’t allow applicants to become LPRs or American citizens, but they could seek an immigrant visa later. These applicants will need plenty of supporting documentation and official authorization before they can apply for a non-immigrant visa, depending on the nature of their visit to the U.S.

Categories of Non-immigrant Visas

Like immigrant visas, there are multiple non-immigrant visa categories for which foreign nationals may apply.

For example, one common type of non-immigrant visa is the B-1 visa, which applies to domestic employees seeking work in the U.S. along with amateur and professional athletes entering the U.S. to compete.

Another type of non-immigrant visa is H-1B, which allows physicians and others in specialty occupations to enter the country for work purposes. Meanwhile, some foreign nationals may apply for an H-2A visa for temporary agricultural work or an H-2B visa for temporary work of another nature.

Students, on the other hand, could apply for F or M visas to seek education in the U.S.

If you’re not sure which category of visa to seek as either an immigrant or non-immigrant entrant, immigration legal services attorneys can help you identify and apply for the correct category.

Also, depending on the type of visa, you may need authorization from U.S. government agencies, including the Department of Labor, U.S. Citizenship and Immigration Services (USCIS), or the Student and Exchange Visitor Program (SEVIS) under U.S. Immigration and Customs Enforcement (ICE).

Challenges in Obtaining Immigrant and Non-immigrant Visas

If you’re seeking either an immigrant or non-immigrant visa in the U.S., there are challenges you may face in your path to becoming a temporary visitor or an LPR. These challenges include:

A Complex and Lengthy Immigration Process

Depending on the current situation in the country, such as the backlog of applications the government must review, along with the type of visa you want to apply for, the visa application process can be difficult to navigate and take a long time to complete.

You may need authorization from the government and plenty of supporting documentation that explains the nature of your entry into the country and proves that you can legally enter as a visitor or resident.

By taking the right steps and working with an attorney, you may be able to expedite the process and gain a faster path toward entry or citizenship.

Getting the Help of a Sponsor

Most visa applicants won’t be able to self-petition, meaning they’ll need to seek sponsorship from a qualifying individual to help them gain entry into the U.S. The specific type of sponsor the person has will depend on the visa type, and this individual could include a family member, employer, or another LPR or U.S. citizen willing to support the visa applicant.

It can be challenging finding the right sponsor to help you streamline the visa application process, but this is another area where an attorney can help.

Preparing Necessary Documentation

You will also need to ensure your paperwork is in order to successfully apply for any visa. There may be a lot of documents you need to prepare and complete with accurate information.

Types of documentation may include:

  • Passport
  • Birth certificates
  • Photos
  • Military records
  • Proof of relationship to your sponsor
  • Financial documents

If you fail to submit sufficient or accurate documentation, you may fail to get through the visa application process. An attorney with experience handling these types of cases may help you prepare all paperwork to ensure it’s ready for submission.

Visa Interviews

Before the government approves your visa application, you must complete an interview with an agent. This agent will ask you questions about your application and the nature of your visit to the U.S., along with your history, occupation, and family. You should take plenty of time to prepare for this interview, including answers to questions and supporting documentation that the agent can review.

An experienced immigration lawyer can help you with this and work with you to prepare for your interview.

What Are the Benefits of Hiring an Immigration Lawyer?

There are several advantages of hiring an immigration attorney to handle your case.

An immigration lawyer can lend legal knowledge to help you navigate the application process. The legal landscape is always changing when it comes to immigration law, and an attorney will keep up with it to help you comply with the latest regulations, laws, and policies in place.

You can also get help completing and filing paperwork to avoid clerical issues and mistakes when government agencies review your application. Even small errors on your application or any missing documentation could mean the difference between success and failure in your case.

In addition, you’ll learn all about what it will take for you to succeed with your case, such as how family-based immigration works if you’re entering the country with an immediate family member as a sponsor.

Know What to Look for in a Lawyer

If you want to successfully apply for either an immigrant or non-immigrant visa, and you want an attorney’s help, you must find the right lawyer to assist you based on your unique needs. Knowing what to look for when hiring an immigration lawyer in Chicago can go a long way in helping you achieve success with your application.

Not all immigration lawyers are the same—some might be more capable of handling your case than others.

For instance, you should seek the help of a lawyer who has experience handling cases similar to yours. Say you’re entering the country as a non-immigrant for work purposes; this would warrant the help of an attorney who knows how to handle non-immigrant cases.

Look for an attorney with plenty of experience. A good attorney will have years of experience in his or her practice area, and a large firm will have plenty of people on staff to help with handling client cases, including paralegals and assistant attorneys. You should know exactly who will help you handle your case, whether it’s the attorney you initially discuss your case with or other staff.

Understanding the Difference Between Immigrant and Non-immigrant Visas

If you plan on entering the country for any reason, it helps to know which visa you need to apply for, whether it’s an immigrant or non-immigrant visa. Seek the right category and properly prepare your application accordingly.

Migrant Child’s Death Raises Concerns Regarding Access to Healthcare

A five-year-old migrant child’s recent death has illuminated concerns regarding immigrant access to healthcare in Chicago and across the U.S., with medical personnel alleging that migrant shelters are turning down their healthcare services when needed.

Modern hospital building at night.

This is one of many stories leading people to question whether immigrants have fair access to healthcare when they need it most.

Migrant Child’s Death Leads to Questions About Healthcare

In December 2023, a five-year-old migrant child staying in a Pilsen shelter succumbed to an illness that was spreading through the shelter. The shelter in Pilsen is a temporary migrant shelter located on South Halsted, and multiple people at the shelter stated that the boy was one of several people in the shelter developing serious illnesses.

At this time, the exact cause of the child’s death is uncertain, but the Chicago Department of Public Health is investigating the death, while the Chicago Fire Department has revealed that four other people, including children, have received medical care outside the shelter to treat fevers. In addition, the Chicago Department of Public Health confirmed that multiple people at the shelter have developed chickenpox.

Although medical volunteers attempted to provide health services to people in the shelter, they have told reporters that the shelter refused their services. However, medical volunteer and physician Dr. Evelyn Figueroa told reporters that the shelter started allowing medical volunteers to provide services only after the child’s death.

As a result of this incident and many others, immigrant advocates are arguing that immigrants should have easy access to healthcare services whenever they’re required, long before deaths occur.

Immigrant Access to Healthcare

All immigrants in the U.S. should have access to healthcare services. However, the level of healthcare will vary depending on the immigrant’s status in the country.

Classifying Immigrants

First, it’s important to consider the different types of immigrants in the U.S. based on their situation.

One of the main types of immigrants is a migrant, which is someone who is capable of returning to his or her country of origin at any time. Meanwhile, asylum-seekers and refugees are individuals who are unable to safely return home, with refugees being individuals who are fleeing their home country due to violence, persecution, or other issues, while asylum-seekers move to the U.S. to benefit from a safe and secure environment when their country of origin doesn’t offer this protection.

Migrants may want to live in the U.S. for similar reasons to asylum-seekers and refugees as they seek safety and protection, but they may also enter the country with the desire to live and work in the U.S., increase their chances of succeeding in their careers, or other reasons that warrant migration.

Another category to consider is undocumented immigrants. These individuals won’t qualify for federal health insurance programs, including the Children’s Health Insurance Program, Medicaid, or Medicare. However, these immigrants are able to receive medical assistance from non-profit and public health centers and hospitals.

Healthcare: A Human Right in the U.S.

Migrants often face health crises upon or after entering the U.S., especially when they face higher risks of contracting illnesses from their country of origin through poor healthcare, diet, or other factors. Additionally, many migrants suffer from mental health issues.

Generally, healthcare is a human right in this country, and this applies to all types of immigrants, including undocumented immigrants. It’s among the immigration myths debunked that undocumented immigrants or others aren’t entitled to healthcare in the U.S. At the same time, you may struggle to get access to high-quality healthcare unless the government considers you a “qualified alien” or “qualified non-citizen.”

Qualified aliens fall under the following categories:

  • Asylees
  • Refugees
  • Lawful permanent residents (LPRs)
  • Battered noncitizens, parents, children, or spouses
  • Entrants from Haiti or Cuba
  • Trafficking victims

There are other types of lawfully present immigrants who qualify for more access to federal and state public benefits.

Undocumented immigrants have limited access to public health programs, but they may still receive care if they suffer from an “emergency medical condition.” These conditions could involve severe bodily impairment, serious conditions that jeopardize the individual’s health, and dysfunction of organs or body parts.

Factors Negatively Impacting Migrant Health in the U.S.

Several factors can cause health issues in migrants, leading to an urgent need for health services after entering the country.

For instance, migrants could encounter conditions affecting their health when actively migrating to the U.S. They might experience everything from dehydration and stress from extreme temperatures to exposure to illnesses en route when traveling.

Additionally, many migrant workers find employment in particularly high-risk industries, including agriculture, fishing, and forestry. These and other industries come with greater risk of injury and death, leading to a need for sufficient healthcare. Individuals working on farms could also experience exposure to various toxic chemicals that can increase their risk of illness and cancer. Farmworkers frequently face heat and cold stress when working in extreme temperatures, increasing the risk of heat stroke, exhaustion, hyperthermia, and other conditions.

Housing developments where migrants live could be unsanitary or otherwise unsafe for residents. Low-quality housing could lead to harmful chemical exposure, dangerous wiring and electrical systems, and poor maintenance that can lead to injuries.

Another issue could apply to access to food. Migrants may not have easy access to grocery stores or suffer from insufficient funds, and they may be unable to effectively cook in migrant housing units.

Getting Help From an Immigration Lawyer

If you’re struggling to get the healthcare you need, you may benefit from the help of experienced immigration legal services attorneys. The right attorney can help you get access to critical health services and safety-net programs based on your needs.

In addition, an attorney can provide you with other legal services to help you successfully integrate into the U.S. For instance, if there’s a backlog for pending immigration cases affecting your ability to process your immigrant application, an attorney may help accelerate the process, which will help give you faster access to health programs.

There are many ways you benefit from the help of a good attorney, including:

Help With Completing and Filing Paperwork

Immigrant applications and other documentation that helps you successfully immigrate to the U.S. must be accurate and complete. If you need assistance with completing or submitting your documentation, an attorney will work with you to help handle all paperwork.

Your attorney could confirm that your information is accurate and that you’re submitting all supporting documentation to help speed up the immigration process. In turn, you’ll benefit from smoother processing and avoid issues that could otherwise hold you back or even lead to deportation.

Personalized Guidance

Immigration attorneys provide fully personalized services based on your individual requirements. Your lawyer will work with you to understand your unique needs as an immigrant and help you approach your case the right way.

Help Obtaining Work Permits

You will need a permit to work in the U.S. as an immigrant. A lawyer will help you meet all requirements to qualify for a work permit, ultimately enabling you to acquire one. Otherwise, without legal help, you might make a mistake or neglect to include all necessary documentation, compromising your ability to work.

Take the Right Path to Citizenship

Not everyone will take the same road to gain American citizenship. Immigrants may need to go through processes that are more unique to them, enabling them to successfully work and live in the U.S. You might only see one possible option available to you, when there are actually several paths you can take.

If you require legal services from an immigration attorney, take some time to look for the ideal representation. Do research into multiple local attorneys, look at reviews and testimonials from past clients, and compare their services. Ask attorneys relevant questions during consultations to determine how the attorney can help you, including questions about past cases like yours, the likelihood of succeeding with your case, and the cost of representation.

Getting the Right Healthcare in Illinois

Migrants in Illinois and other states all over the U.S. may not get the access they need to reliable and adequate health services. However, migrants of all statuses qualify for a degree of healthcare when needed, which is why immigration attorneys work to ensure that access is available.

If you require healthcare as a migrant, you may get some assistance in this department from an attorney. A lawyer with experience handling similar cases to yours could help you secure the services you need, simplify the immigration process, and further help ensure you’re able to legally work and live in the country.

Does an accident case affect a visa in Chicago, Illinois?

Immigrants who get involved in car accidents often wonder, “does an accident case affect a visa?” It can be terrifying to think that an accident you had no control over might impact your legal status in the country. Fortunately, in most cases, an accident won’t impact your ability to stay in the country. In fact, you can even file a personal injury lawsuit, if eligible.

Passport book with Visa paper open on red and white stripes.

Visas and Immigration Law in Illinois

Effective July 1, 2024, undocumented immigrants in Illinois may obtain a four-year driving license, replacing the Temporary Visitor Driver’s License currently available to undocumented immigrants. While you don’t need a visa to get a driver’s license, it’s important to understand how immigration laws and legal issues affect immigrants living in Illinois.

Criteria for Visa Applications and Renewals

Eligibility criteria for visa applications and renewals depend on the visa you have or want to apply for.

For example, a travel visa will require proof of funds for your trip and proof of strong ties to your home country, such as employment or enrollment in a university.

On the other hand, a student visa may require proof of enrollment in a U.S. institution, while a work visa may come with requirements such as a job offer and proof of qualifications.

If you’re trying to sponsor a relative for a visa, immigration legal services attorneys can guide you through the process and requirements.

What Is the Impact of Legal Issues on Visa Status?

Legal issues may affect your visa status. For example, staying in the country unlawfully (failing to extend your visa before it expires) may lead to a removal and may even get you barred from entering the US for a while.

Certain criminal issues could also impact your visa. While minor crimes won’t, crimes that fall into the categories of moral turpitude or aggravated felony could lead to a deportation.

One of the most common immigration myths is that if you are charged with a misdemeanor, it is automatic grounds for deportation from the United States. Misdemeanors are not automatic grounds for deportation, although it is possible that they could lead to a deportation hearing, depending on the nature of the crime.

For example, in Illinois, domestic violence is a misdemeanor, not a felony. Nevertheless, spousal abuse is considered a crime of moral turpitude and can thus lead to deportation.

Crimes of moral turpitude can include fraud, assault with the intent to murder, domestic violence, and, for the purposes of our case, aggravated DUI (driving under the influence). If you were driving under the influence of drugs, the same may apply.

However, that doesn’t automatically mean that if you were driving under the influence, you will be deported.

The Impact of an Accident Case on a Visa in Illinois

Crimes of moral turpitude are not clearly defined. Thus, there is some room for interpretation. Generally, if a crime could be considered a petty offense, you would not be deported.

If you were driving under the influence but without aggravating factors, it might not qualify as a crime of moral turpitude.

For example, if you had a valid license, possessed the required insurance, had not taken drugs, and did not have a child in a car, it might not be considered an aggravated DUI, but rather a simple DUI. Those qualify as aggravating factors. Even if you were speeding and drunk, it would still be only a simple DUI if there are no other aggravating factors.

There are other factors that could cause a DUI to be considered an aggravated DUI. For example, a third DUI offense is always considered an aggravated DUI. If the DUI leads to someone’s death or even great bodily injury to another person, it is an aggravated DUI.

Even if an aggravating factor was present, if it has been five years after your entry to the United States, and this is your first crime of moral turpitude, you may be able to avoid deportation.

What Is the Role of Fault and Liability in Visa Considerations?

While drunk driving or driving under the influence of drugs may lead to a deportation hearing, simply getting into a car accident may not, even if you would be considered at fault from a personal injury perspective.

You may be charged with a misdemeanor after a car accident. For example, a hit-and-run could be charged as a misdemeanor if it only involved property damage. An accident caused by speeding may also be a misdemeanor.

What if You Were Not at Fault?

Regardless of your immigration status, you can file a personal injury lawsuit.

Many immigrants, especially undocumented ones, are fearful of filing lawsuits after a car accident case and don’t attempt to collect damages. They worry that bringing too much attention to the car accident case could somehow lead to their deportation, and they would rather stay away from the limelight.

However, you can’t be deported for filing a lawsuit, regardless of your immigration status. In fact, if the other driver is at fault, insurance companies and prosecutors are not allowed to use your immigration status against you, threaten to report you, or deny your claim based on it.

What if You Were Driving While Drunk?

It may be a simple DUI, in which case it may not affect your immigration status. On the other hand, if you recklessly endangered a child passenger, had consumed drugs such as heroin, or were driving with a suspended license, it might classify as a crime of moral turpitude. In such a case, having a lawyer by your side is critical.

Factors to Consider in Accident Cases to Minimize Visa Impact

If you were involved in an accident, there are steps you should take to minimize the impact it could have on your visa and legal status. Here are some things to keep in mind:

Maintain Legal Documentation

It’s important to maintain legal documentation. Keep all documents related to your visa in a folder, and put that folder in a safe place.

For example, if you’re here on a work visa, keep a copy of your job offer and an employment verification letter, which details your position, the start and end dates at your job, and other significant details.

If you’re here on a student visa, keep a copy of your enrollment documents, acceptance letter, and student card, as well as any other documents your lawyer recommends.

Of course, you should also keep documents such as your passport, green card, and social security card (if you have one) in a safe place. Your social security number is more important than your physical card, so write it down or memorize it. You will usually need it when opening up a bank account or getting a job.

Make photocopies of your passport, driver’s license, social security card, and other documents and keep them in a safe place as well.

Finally, it’s recommended to make electronic copies of your documents, too. You can take pictures of your documents or scan them and upload them to a safe location.

Seek Legal Advice and Guidance Throughout the Accident Case Process

Have an attorney by your side. An attorney can ensure you maintain the proper documentation and will represent you if things go south.

If you got into an accident, a lawyer can examine your case and help you understand how it might affect you. If you committed an offense that could lead to a deportation hearing, an attorney can argue your case in court and win.

It’s important to know what to ask an immigration lawyer the first time you meet with him or her. Some questions to ask include:

  • How long have you been practicing?
  • Are you familiar with cases such as mine?
  • What are my chances of success?
  • What documents do I need?

An attorney is there to help, even if you get yourself into a sticky situation. He or she will find the best path forward. It’s normal to feel anxious if you get into an accident as an immigrant, but having an attorney by your side can help facilitate the best circumstances.