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

Fiancé Visa vs. Spouse Visa: What Immigrants Should Know in Chicago

Engagement ring on top of blurred US entry visa sticker in a passport.

Engagement ring on top of blurred US entry visa sticker in a passport.

When considering a fiancé visa vs. spouse visa, there are certain things that immigrants should know, including their respective requirements, what to expect during the application process, and factors that can influence eligibility.

Here, you’ll learn all about these visa types and how their processes work for immigrants in Chicago.

What Are the Requirements for a Fiancé Visa?

If you or your partner want to enter the U.S. on a fiancé visa, you must meet several key requirements, including:

  • The partner petitioning for this visa must have American citizenship at the time of seeking the visa. Otherwise, if the petitioning partner only has a green card and is a permanent resident, allowing entry for the other partner would require petitioning for a spouse visa.
  • The petitioning partner must be able to show that your relationship is legitimate, with evidence such as a marriage certificate and other documentation proving its legitimacy.
  • You and your partner must be able to marry legally, with both parties officially divorced from any previous spouses.
  • Both parties must also show that they have had in-person encounters a minimum of one time within the previous two years upon filing.

How Long Do You Have to Get Married on a K-1 Visa?

If you obtain your K-1 fiancé visa—which is often erroneously called the K9 visa or K1 visa—after applying for it, the petitioned partner will have up to six months to enter the U.S. Once this partner is in the country, the couple will have a total of 90 days to get married before the fiancé visa is no longer valid. This time limit makes it ideal to get married as soon as possible after the initial approval of the visa.

Steps After Marriage

After getting married, the sponsored spouse has another 90 days to file Form I-485, Application to Register Permanent Residence or Adjust Status. Filing this form and getting it approved will enable the petitioned partner to legally stay in the country and gain conditional resident status.

After living in the country as a conditional permanent resident for two years, it will be possible for both spouses to file Form I-751, Petition to Remove Conditions on Residence. If U.S. Citizenship and Immigration Services (USCIS) approves this document, the spouse holding the green card will become a lawful permanent resident (LPR).

The Spouse Visa Process

If you want to bring a spouse into the country, there are two main steps you must follow, including:

  1. Petitioning — The petitioning spouse will begin by filing a petition via Form I-130 with all necessary documents that prove the legitimacy of the marriage, along with proof of either citizenship or LPR status.
  2. Applying for a Spouse Visa — The petitioning spouse will then file Form DS-260, Immigrant Visa Electronic Application. This document will require supporting documentation, including proof of the marriage’s legitimacy and the sponsored spouse’s qualifications for a spouse visa. The petitioned spouse will then need to visit a U.S. consulate or embassy to undergo an interview in his or her country of origin, where an official will question the interviewee about the marriage and other aspects pertaining to the visa.

Options for Bringing Your Spouse to the United States

Unlike when both partners are unmarried and want to enter the country on a K-1 visa, it’s possible for the sponsoring spouse to bring his or her partner into the U.S. if he or she possesses a green card or U.S. citizenship.

Different forms will apply depending on whether the petitioning spouse is a green card holder or American citizen and whether the petitioned spouse is currently in or outside the U.S. USCIS can provide guidance on this.

What Are the Current Processing Times for a Spouse Visa?

The amount of time it takes to obtain a spouse visa will depend on different elements. For example, the availability of the visa may decrease if many people from the foreign spouse’s country are attempting to obtain the same type of visa, creating a backlog. Other factors may also influence the length of time it takes to get a response from USCIS, including requests from the government for additional supporting documentation and backlogs at the foreign spouse’s nearest consulate or embassy.

Factors to Take Into Consideration Before Choosing Your Visa

Generally, if you are currently married to your partner, you would want to obtain a spouse visa that allows the foreign partner to enter the U.S. If you are still unwed but intend to get married and are engaged, a fiancé visa would be the right decision. However, there are other visa options available if you don’t want to choose these visas, either.

Here are some other factors to consider when choosing a visa.

Which Types of Visa Allows for Travel in and Out of the United States?

First, consider whether you or your partner intend to travel in and out of the U.S. on the requested visa.

On a K-1 visa or spouse visa, the foreign partner will only be able to enter the country one time, preventing him or her from leaving the country while in possession of this visa. However, partners with either visa will have the option of filing for advance parole with USCIS, which would enable the visa holder to leave and re-enter the country freely. If the visa holder has an emergency reason for leaving the country, such as family emergency abroad, it will take less time to process advance parole. Normally, it will take USCIS around two to three months to process an advance parole request, making it important to apply for it as early as possible.

Individuals can also apply for IR1 or CR1 visas, which open up the path to LPR status once the visa holder enters the country. Gaining LPR status would allow the person to freely enter and exit the U.S. as needed.

Another option is the K-3 visa, which is a type of nonimmigrant visa that enables visa holders to enter and exit the country without a K-1 or spouse visa.

There are other types of visas that allow nonimmigrant visitors to enter and exit the country if you don’t want to seek a spouse or K-1 visa. For example, B-2 tourism visas allow nonimmigrants to enter the country temporarily for tourism purposes, while B-1 visas allow individuals to enter the country on temporary business. Some people may also apply for both visas to allow for work and tourism while staying in the country.

Location Where the Marriage Takes Place

Where you want to get married will also determine which type of visa to choose. If you want to get married in the U.S., a K-1 visa allows for this. On the other hand, if you want to get married abroad, you will only be able to do so with a spouse visa.

How Much Does a Visa Cost?

You will also want to consider how much you are willing to spend on a visa. K-1 fiancé visas tend to cost more than spouse visas, but the price can vary depending on the nature of the application.

To give you a rough estimate, it can cost around $1,200 to $2,500 for a spouse visa, while you’re more likely to spend upwards of $2,000 to $3,000 on a K-1 visa.

The Time of the Marriage

One more factor to think about is when you want to get married to your partner, if you’re engaged. You might decide to wait a while before getting married and ensure your relationship is healthy. In other cases, couples may want to get married shortly after their engagement.

The sooner you plan to marry, the more likely it will be that a spouse visa is the right option. Conversely, you might want to get a fiancé visa if you plan to wait for a period of time before getting married.

You can get married abroad in the foreign partner’s country of origin before petitioning for a spouse visa.

Make the Right Choice of Visa for You and Your Partner

Depending on your circumstances and the nature of your relationship with your partner, you may choose either a K-1 fiancé or spouse visa. However, the right choice of visa and the application process aren’t always clear.

If you need help with applying for these or other types of visas, a fiancée K1 visa lawyer may be able to help. Not only will he or she provide some guidance during the application process, but he or she may also help with immigration adaptation to American culture when bringing the foreign partner into the country. Choosing either a K-1 or spouse visa allows you and your partner to enjoy a happy life as a couple in the U.S.

Frequently Asked Questions About Russian Immigrant Visas in Chicago

If you want to enter the country on a Russian immigrant visa in Chicago or elsewhere, you may have a lot of questions about the green card process and how it works.

Pen and Immigration Logo Frequently Asked Questions About Russian Immigrant Visas

The following are some frequently asked questions about Russian immigrant visas and what you can expect when applying for a green card. You’ll also learn how immigration attorneys may be able to assist you with your visa application and other immigration issues.

What Is USCIS?

This acronym is short for U.S. Citizenship and Immigration Services, the agency responsible for processing immigrants in the U.S. It’s a branch of the U.S. Department of Homeland Security (DHS) and will be the agency you go through when applying for a green card. Additionally, this agency handles the processing of other documents, including travel and work permits for immigrants. It also processes naturalization applications for immigrants who wish to become American citizens.

How Long Is the Green Card Process?

Generally, it takes up to two years before you’ll be able to obtain a green card, but the entire process will vary depending on several key factors. For instance, it could take more time to go through the Russian immigration process if you’re entering on a visa type that takes a longer time to become available, such as a marriage-based or spousal visa. The number of immigrants from your country of origin applying for a green card could also affect the length of the process.

However, properly preparing for the immigration process and Russian visa interview questions can help make the process quicker.

How Much Does a Green Card Cost?

Just like the time it takes to process your green card, the cost of your green card will vary based on case-specific factors. Specifically, the cost will depend on the type of green card you seek.

For example, if your spouse lives outside the U.S. when applying for a marriage-based visa, the visa could cost around $1,200 or more. On the other hand, if the spouse seeking the visa is an American resident or citizen, these visas tend to cost around $1,760.

Also, you may need to pay additional fees for medical examinations and other elements of your green card application.

What Is the Visa Bulletin?

The U.S. Department of State publishes a Visa Bulletin that details the green card applications that are able to proceed. The bulletin updates according to the number of immigrants who have submitted an I-130 petition to begin the green card process. You can regularly check the Visa Bulletin to find out whether the green card you want to apply for is available.

How Does Permanent Residency Work?

Immigrants coming to the U.S. may obtain either conditional permanent residency or lawful permanent residency, depending on their status. Conditional green cards remain valid for two years after approval. Typically, individuals who have been in a marriage for less than two years when obtaining a green card will be able to receive a conditional permanent resident green card.

Immigrants may also obtain a lawful permanent resident green card under certain circumstances. Lawful permanent residents (LPRs) can live and work in the U.S., petition for family members to immigrate to the U.S., and potentially undergo naturalization to become American citizens.

Why Are Visas No Longer Available in Moscow?

At this time, the Russian government is preventing the U.S. government from hiring, contracting, and retaining any third-country or Russian workers to help issue visas in Moscow. As a result, the U.S. government is unable to provide consular services in this city, requiring immigrants to obtain visas in Warsaw instead.

The American government chose Warsaw because of its close geographical proximity to Russia, physical space allowing for plenty of staff and applicants, and the overall cost-effectiveness of the location. Warsaw also contains many individuals who speak the Russian language to communicate with applicants.

Why Might a Green Card Application Be Denied?

There are multiple reasons why USCIS may deny a green card.

If you’re wondering why H-1B applications get denied or why any other visa could see a denial, the following are some main reasons for denials:

  • Mistakes on the green card application
  • Insufficient finances
  • Submitting insufficient documentation
  • Ineligibility to apply for a green card in the U.S.
  • Failure to establish an authentic, valid marriage

How Can an Attorney Help Russian Immigrants?

When looking to apply for a green card or in need of help with other aspects of immigration, a Chicago immigration legal services lawyer can assist Russian immigrants.

The right attorney can help you apply for your green card by helping prepare all necessary documentation. An immigration lawyer can also help you collect certain U.S. immigration benefits, such as Temporary Protected Status (TPS), which allows immigrants to enter the U.S. to escape conditions like armed conflicts, natural disasters, and other dangerous situations.

If immigrants are involved in administrative hearings, lawyers may also be able to provide representation in these settings, such as when facing deportation. An attorney may provide defense that helps protect the immigrant from removal.

An Attorney Can Help Employers and Russian Nationals With Work Visas

Another way an immigration lawyer may be able to help Russian immigrants is by helping them obtain work permits. These permits would allow immigrants to gain employment inside the U.S.

Reuniting Families in Chicago

Many Russian and Ukrainian immigrants have attempted to reunite with their families in the U.S., including Chicago, in an attempt to get away from the recent war. With the right approach to the green card process, you can also reunite with family in the Chicagoland area.

Tackling Language and Cultural Barriers

Russian immigrants may struggle to communicate and acclimate to American culture, but there are many resources to help them successfully integrate into the U.S. For instance, immigrants can take English classes online or through various programs.

Another critical resource is the Immigrant Learning Center, which is an online source that allows immigrants to learn more about American culture and the English language. Over time, it can become easier to learn English and become familiar with the customs and traditions in the U.S.

Be Prepared to Provide Documentation

When you apply for a green card to immigrate to the U.S., you will need plenty of documentation to support your application. If you don’t prepare the necessary documents, government officials may deny you entry into the U.S. Even if they don’t deny your application, they may request additional documentation during the application process, which can make it take longer to obtain a green card.

To increase your chances of success when applying for a green card, make sure you have the following documents:

  • Birth certificate
  • Court records
  • Financial records
  • Expired or current visas
  • Proof of a bona fide marriage

The documents you need to enter the U.S. will depend on the type of visa you wish to obtain. For instance, you will need documents showing that your marriage is valid when entering the country on a marriage-based visa.

Questions to Ask an Immigration Lawyer

If you want to get the help of an immigration attorney as a Russian immigrant, you can make the right choice by asking key questions during an initial consultation. Knowing what to ask an immigration lawyer is critical for helping you select the ideal representation in your case.

The following are some questions to ask your prospective immigration lawyer:

Do You Have a Focus on Immigration Law and Visas?

Some immigration lawyers may not have a specific focus on immigration law. Instead, they may include it in a range of legal services. Ideally, you should work with an attorney who’s used to immigration cases and can help you obtain visas, work permits, and other immigrant benefits.

What Kinds of Cases Have You Handled?

You should also find out what types of cases the lawyer has handled in the past. Has he or she worked with immigrants like you? What kind of success rate does the attorney have with those cases?

A good lawyer will be able to reassure you by discussing past cases related to yours and revealing his or her success.

What Strategy Would You Use for My Case?

When discussing your case and its unique nature, you should also find out what type of strategy the attorney would use to handle it. What approach would the lawyer take to achieve the best outcome for you? The attorney should give you some idea of what to expect from the start.

Can I Divorce After Getting a 10-Year Green Card?

Serious business persons looking at documents. Can I Divorce After Getting a 10-Year Green Card concept
Serious business persons looking at documents. Can I Divorce After Getting a 10-Year Green Card concept

If you want to divorce after getting a 10-year green card, it’s possible to do so in many cases. You may have come to the U.S. to be with your spouse. While your marriage may not have worked out, you may not want to give up the life you have built. Even if you get a divorce with a green card, you may still have immigration options, such as to renew your green card or pursue naturalization.

Can a Divorce Impact Your Green Card?

Whether a divorce affects your green card will depend on the type of green card you have and the details of your marriage. Depending on varying factors, U.S. Citizenship and Immigration Services (USCIS) may question whether your marriage was real, or merely an attempt to help you obtain a green card.

Types of Green Card

There are two main types of green cards that will determine, in part, how a divorce may impact your immigrant status.

These green card types include:

Permanent (10-Year) Green Cards

A 10-year green card is a legal identification document that shows the holder has lawful permanent residency in the U.S. Generally, if you get a divorce while in possession of a 10-year permanent green card, the divorce won’t impact your immigrant status. However, this doesn’t mean it can’t affect your immigration case.

Whether a divorce impacts your permanent green card will largely depend on the timing of the divorce. USCIS might believe your marriage is fraudulent if you divorce shortly after receiving your permanent green card, for example. If USCIS decides to investigate your case and determines that, in fact, your marriage was fraudulent, this could lead to a deportation case.

However, a permanent resident getting divorced isn’t likely to set off any alarms with USCIS after obtaining a permanent green card. Instead, USCIS may discover that your marriage ended in divorce during the naturalization process or when initially applying for citizenship.

Conditional (Two-Year) Green Cards

Individuals who have been married for less than two years at the time of applying for a green card may receive a two-year conditional green card with the help of their spouses. Their spouses must have either lawful permanent resident status or U.S. citizenship.

If you get a divorce before it comes time to apply to remove your green card’s conditions, you may still be able to remain a permanent resident. You’ll need to file the application form, I-751, Petition to Remove Conditions, on your own and disclose the reason for the divorce. You’ll also need to show how you and your spouse had originally intended to get married on legitimate grounds.

Everything from marriage certificates to family photos can help prove that your marriage wasn’t fraudulent.

Proving Your Marriage Was Not Fraudulent

Getting a divorce on its own won’t threaten your green card status. It all comes down to whether you can prove that your marriage was real and that you didn’t simply marry a citizen or permanent resident to enter the country legally.

If USCIS suspects that your marriage ended in divorce because it was fraudulent, you could defend yourself in various ways. For example, your marriage could have led to a divorce because you were the immigrant victim of domestic violence in the relationship. You may also show how your marriage resulted from irreconcilable differences that made you and your spouse incompatible.

Having sufficient evidence showing that your marriage is legitimate may help you to avoid any repercussions as an immigrant during or after a divorce.

Consequences of Divorce After Getting a 10-Year Green Card

You likely won’t see consequences for a divorce if you have a 10-year green card at the time of the divorce. On the other hand, USCIS may become suspicious if you get a divorce shortly after receiving your green card, and you attempt to either renew your green card or seek citizenship through naturalization.

Once you have possessed your green card for five years, you may be able to begin the naturalization process on your path to citizenship. While it’s possible to do this on your own after a divorce, it’s important to remember that people with marriage green cards benefit from shorter waiting periods.

Divorce vs. Legal Separation

Depending on the circumstances of your marriage, you may want to consider getting a legal separation instead of a divorce as you navigate the immigration process. Knowing the differences between a divorce and a legal separation can help you determine which is right for your situation.

The main difference between these two concepts is that it’s far easier to reverse a legal separation than a divorce. A legal separation entails essentially “pausing” the marriage, allowing both spouses to live on their own, independently of one another. While you would still need to go to court to get a formal legal separation agreement, it’s possible to have this decision reversed if you reconcile with your spouse.

Conversely, it’s much harder to reverse a divorce, which is a more permanent form of separation. Getting a divorce officially ends your marriage and will often involve agreements revolving around the division of property and custody of children.

One of the main benefits of getting a legal separation over a divorce is that it can give you and your spouse time to decide whether to proceed with the relationship and work things out or put an end to the relationship.

Renewing a Green Card After Divorce

If you want to renew your green card following a divorce, you can do so generally without worrying whether the divorce will affect your application. You must complete the appropriate form every 10 years to remain a permanent resident, but the application won’t include any questions about your marital status.

Application to Replace Permanent Resident Card

The form you’ll need to complete to renew your green card is Form I-90, Application to Replace Permanent Resident Card. Completing this form will help you maintain your status until you wish to apply for citizenship and undergo naturalization.

When to Get in Touch With an Immigration Lawyer

If you’re worried about a divorce impacting your immigrant status in any way, and you want to avoid potential deportation, it’s important to know when to contact a deportation defense attorney.

If you believe that USCIS suspects your marriage was fraudulent, and you’re under investigation, consider speaking with a deportation defense lawyer to discuss your case and potential defenses.

An experienced Chicago immigration legal services attorney may be able to help you prove that your marriage was legitimate. He or she can collect and present ample evidence, including any joint financial records between you and your spouse, marriage counseling records, and evidence that you shared a home with your spouse, among other pieces of evidence. Your attorney can also help you explain the reason for the divorce and the conditions that led to the end of the marriage.

If deportation proceedings begin, a deportation lawyer can also provide defenses to prevent removal. For example, an attorney may show how you may face persecution in your home country upon your return and that you can remain safer in the U.S. via asylum. You could also remain in the country if you can show that you are the parent of an American citizen, provided you entered the country legally, in most cases. Additionally, a lawyer could show in other ways how your deportation could cause you or your loved ones to face hardships upon your removal.

Taking the Right Steps Before and After a Divorce in Chicago

Sometimes divorces are inevitable and unavoidable, in which cases you can still get a divorce as an immigrant. Couples may drift apart and decide to move on, which often occurs in the U.S. However, you may decide leading up to the marriage to attempt to resolve issues, seeking marital counseling or taking other steps to revitalize your marriage, which could help prevent a divorce.

Generally, you don’t have to worry about a divorce affecting your immigrant status, as long as you can prove that your marriage was legitimate. This is especially the case if you have a 10-year green card. As such, if you plan on getting a divorce as an immigrant, it’s best to prepare as much documentation as you can to help show that your marriage is real as you get ready for the divorce. Having this evidence could help you prove to USCIS the legitimacy of your marriage if they question it at any point when renewing your green card or applying for naturalization.

You may also want to consider getting a legal separation instead of a divorce if this is a more suitable alternative. You may need to consult with an immigration lawyer to discuss your options if you choose to divorce after getting a 10-year green card.

Applying for a Parent’s Green Card While on a Tourist Visa

Two boarding pass inserted on a Passport with a Visa Application paper and a mini USA flag on the table.

If your parent is visiting you in the U.S. on a tourist visa, you may be able to apply for a change of immigration status, allowing him or her to stay. To obtain your parent’s green card, you will need sufficient supporting documentation and the appropriate forms. Knowing how this process works in Chicago can help you know what to expect and how to prepare properly.

Two boarding pass inserted on a Passport with a Visa Application paper and a mini USA flag on the table.

Which Immediate Relatives of a U.S. Citizen Are Eligible for a Green Card?

Different types of immediate family members of U.S. citizens may be able to seek a green card through a relative visa. The following are the immediate family members of citizens that may be able to seek immediate relative immigrant visas:

  • Parents
  • Spouses
  • Unmarried children under the age of 21-years-old

However, these immediate family members must meet eligibility requirements if they want to successfully receive a green card in immigrant cases.

Adjustment of Status

If he or she is currently in the U.S., the first step toward getting a green card for an immediate family member is to apply for an immigration adjustment of status to become a lawful permanent resident (LPR).

To qualify for adjustment of status, your parent must undergo inspection and admission or parole from an official immigration officer with U.S. Citizenship and Immigration Services (USCIS). However, certain exceptions to this requirement may apply, depending on the individual.

Consular Processing

If the immediate relative is currently outside the U.S. and wants to obtain a green card, he or she must undergo consular processing instead of adjustment of status. This type of processing entails multiple steps to obtain LPR status through a U.S. Department of State consulate in the person’s country of origin.

The process would begin by having the U.S. citizen sponsoring the relative file a petition on the relative’s behalf, but it’s also possible to become an LPR by applying for asylum or refugee status. After filing the petition, the individual would need to wait for USCIS to make a decision on the petition, followed by receiving notification from the National Visa Center. You would then need to schedule and attend an appointment with an official at your consulate. You may then receive a relative visa, which will then enable you to receive a green card.

Steps to Get Your Parent’s Green Card

If you want to help a parent get a green card, there are some items to consider and prepare to successfully do so. The following are some steps you can expect when obtaining a green card for a parent or another immediate relative.

Necessary Supporting Documents

There are supporting documents to bring to an attorney for a green card and present to USCIS when applying for a parent’s green card. These documents will supplement the forms you submit with your application to help prove eligibility.

These supporting documents include copies of:

  • Your own birth certificate
  • Your certificate of naturalization or passport if you were born in another country
  • If only petitioning your father, your parents’ civil marriage certificate

Through the USCIS website, you can learn about other forms of documentation you may need to help support a green card application. For instance, if you intend to obtain a green card for a stepparent, you would need a copy of a death certificate, divorce decree, or annulment decree to show that your biological or stepparent’s previous marriages ended legally.

Complete Required Forms and Medical Examinations

To qualify for a green card, you must also file certain forms and documents. One of the main documents you’ll need to submit with an application is Form I-485, Application to Register Permanent Residence or Adjust Status. Other documents you’ll need to file include a passport, I-94 for proof of lawful entry, employment and address history spanning the last five years, a receipt for either an approved or pending I-130, and the dates of divorce or marriage for your parent’s previous marriages.

Also, the parent must undergo a medical exam to confirm that he or she is healthy and won’t pose a health risk to the American population.

If you need assistance with any part of this process and gathering sufficient documentation to prepare an application, a Chicago family immigration attorney may be able to help.

Current Visa Processing Times

There aren’t universal visa processing times, and the amount of time it takes for a green card application to process will vary depending on the specific case. You can generally expect the entire process to take around 16 months, but it can be considerably shorter or longer.

You can check the current processing time for your application on the USCIS website by entering information specific to your case. These details include the form submitted, which would likely be I-485, along with the nature of the immigration and the location of the nearest visa office or service center.

Factors That Could Delay Approval

There are multiple factors that can affect processing times. For example, USCIS could wind up delaying processing times due to large numbers of applications, requests, or petitions that take a lot of time to get through. Some immigration cases are also more complex than others and will require more thorough review and processing.

The processing time could also be longer if someone submits an application that isn’t complete or otherwise requires additional supporting documentation. Of course, missing appointments and failing to submit documentation, biometrics, and other information on time will further delay the process.

How Much Does a Green Card Cost?

You must pay a fee when applying for a parent’s green card, with the current fee for a family-based green card being $1,760 for U.S.-based applicants and $1,200 for applicants currently residing outside the U.S.

Additionally, you will need to cover the cost of a medical exam, which will vary depending on the provider.

How to Make the Green Card Process Faster

If you feel like it’s taking too long, you might wonder how to speed up the green card process. While you’re limited in your ability to accelerate the process, especially when backlogs slow down the process, there are some steps you can take to help it move as quickly as possible.

One way to make the process take less time is to understand how it works, and take the right steps when preparing your application. Knowing how to navigate the parent’s green card process efficiently may help avoid any issues that might otherwise come about due to a lack of preparation.

Another option to move the green card process along more efficiently is to submit an expedite request to USCIS. To take this step, you must have plenty of proof explaining why your case warrants expedited processing. For instance, you might be able to show how an error occurred on the part of USCIS during processing, or you might show why expediting is necessary due to an emergency situation, such as persecution that the applicant could face if he or she remains in his or her home country.

Under certain circumstances and with enough money to cover the increased fees, you may be able to file for premium processing. The specific reasons for this processing could include family emergencies, urgent medical care requirements, or military deployment.

How an Immigration Lawyer in Chicago May Help

If you want to apply for a parent’s green card while he or she is visiting on a tourist visa, an experienced immigration lawyer may be able to help.

An attorney can help you prepare all necessary forms and supporting documentation to keep the green card application process smooth. You’ll find out exactly what you need to ensure your parent has an easier time going through the process, whether in the U.S. or through a consulate in his or her country of origin.

Additionally, an immigration lawyer may help accelerate the application process by determining whether you’re able to submit an expedite request to USCIS. This lawyer can review the details of your case to confirm whether there’s a valid reason for making an expedite request.

Immigration lawyers may also help with other immigration matters. For instance, if you want to adjust your status or need help with other aspects of family immigration, you may benefit from working with an attorney who can guide you in the right direction. Attorneys could also provide assistance if someone faces deportation, fighting for the immigrant to either pause or prevent deportation proceedings.

With the right approach to an immigration case, you’ll be able to increase your chances of successfully applying for a parent’s green card in the U.S.

Advance Parole for DACA

A card with advance parole for DACA printed on it with a half image of passport

Deferred Action for Childhood Arrivals (DACA) recipients in Chicago will need advance parole if they want to travel outside the U.S. The application for advance parole is only available for approved DACA recipients.

A card with advance parole for DACA printed on it with a half image of passport

If you want to travel internationally as a DACA recipient, the following guide to advance parole for DACA will help you navigate the process and confirm eligibility.

What Is Advance Parole for DACA?

Advance parole is a specific type of travel document that allows DACA recipients to reenter the U.S. after leaving to travel abroad. Having this document eliminates the need for the individual to obtain an additional visa. In addition to DACA recipients, other immigrants of varying status may benefit from obtaining this document, including individuals seeking asylum, adjustment of immigrant status, and lawful permanent resident (LPR) status.

You will need to request this document before you leave the country. You must also keep this document on you at all times while traveling, in addition to other relevant travel documents.

When to Consider Applying for Advance Parole

If you intend on traveling outside the U.S. and returning as a DACA recipient, you should consider the benefits and risks of applying for advance parole.

For instance, you should consider why you want to travel, with a specific reason that would warrant obtaining an advance parole document. If you want to leave the country for vacation, this is not a sufficient reason for leaving the country on the DACA program. You will need to have more urgent reasons for traveling abroad if you want this document.

You should also consider the general risks of traveling abroad. Is the country you want to travel to potentially dangerous? What would you consider the worst case scenario during your travels, and would you be able to resolve it?

Carefully consider whether it’s worth it to travel outside the U.S. on an advance parole document, which isn’t without its risks and potential challenges. Thinking about this decision will help you determine whether it’s better to stay or leave the U.S.

Who Is Eligible for Advance Parole in Illinois?

So, who can apply for advance parole? Individuals on the DACA program can apply for advance parole if they plan on leaving the country for purposes related to work, humanitarian efforts, or education.

The following are some specific examples of valid reasons for obtaining this document in each category:

  • Work — You may decide to travel outside the country with employment authorization, with work-related reasons including job interviews, self-employment projects, professional conferences and meetings, and other overseas work-related assignments.
  • Humanitarian Efforts — These reasons for leaving the country could include seeking medical help, attending a loved one’s funeral, visiting aging or ill relatives, or other types of family-related reasons.
  • Education — You may also leave the country if you plan to study abroad or engage in academic competitions, research, or for other purposes.

You may travel abroad with advance parole if you are applying for a green card, have asylum or refugee status, have Temporary Protected Status (TPS), or fall under other immigrant statuses. However, you may need other documentation in these instances, in addition to advance parole, depending on the circumstances.

Applying for Advance Parole

If you want to apply for advance parole, the following are the steps you must take. If you have questions about the application process or are unsure whether you’ll need other documentation for traveling abroad, consider speaking with a Chicago immigration and legal services attorney for help.

Pick the Right Travel Category

The first step when applying for advance parole is to choose the appropriate category—your specific reason for traveling. This could include employment, educational, or humanitarian reasons for leaving the country.

Collect and Complete All Necessary Documentation

Before applying for advance parole, you will need to complete different types of paperwork and obtain other valid documentation to support your application.

Some documents you’ll need may include:

  •  Form I-131, Application for Travel Document
  • DACA approval notice
  • A letter explaining the reason for your travels
  •  A valid state-issued form of identification with a photo, which could include your driver’s license or work permit

Prior to completing the application process, you must also pay a $575 application fee to the U.S. Department of Homeland Security. However, you may be able to bypass this fee if you are leaving the country for urgent humanitarian reasons. This can be beneficial to you financially, as immigration fees are set to skyrocket in the coming years.

Confirm You Have Everything You Need

Before you submit your application, check to ensure that you have obtained all documentation you need and completed all paperwork. You can have a loved one or an attorney review your application forms and documents to determine whether you need to make any changes or additions.

Additionally, an attorney can help you identify and address any challenges you might face before beginning your travels. A lawyer can also help with other issues, such as determining how to stop removal proceedings, how to navigate criminal proceedings if you face criminal charges, or if you are uncertain as to the nature of your initial entry into the U.S., among other issues.

Submit Your Advance Parole Application and Await a Response

The next step would be to submit Form I-131 and all supporting documentation and wait for the U.S. Citizenship and Immigration Services (USCIS) to respond to your application. You may need to wait for a longer period than usual, depending on the backlog of applications. You can reach out to USCIS to determine the status of your application or get additional help from an immigration lawyer.

Prepare to Travel

While awaiting a response, you can begin booking your flight and other materials to help you prepare for your travels. However, you might be unable to effectively plan your travels in some circumstances until you have received advance parole approval confirmation, in which case you may benefit from the safety net of travel insurance. This insurance will help keep you flexible in the event of any issues that force you to change your plans.

Tips for Applying for Advance Parole

To help increase your chances of successfully applying for advance parole on time, here are some helpful tips to consider before and during the application process:

Give Yourself Plenty of Time to Apply

Don’t wait too late to begin the application process. You don’t know how long it may take to receive a response to your application from USCIS, and giving yourself extra time can also give you a chance to address any potential issues that might arise regarding advance parole requirements.

Thoroughly Explain Your Reasons for Traveling Abroad

When applying for advance parole, you might determine that your reason or reasons for traveling don’t strictly apply to the reasons listed under work, educational, or humanitarian purposes. This won’t necessarily void your application, however. You might have a perfectly valid reason for leaving the country that’s urgent and still permits you to leave as needed.

In your application letter, be thorough and go into as much detail as possible about the reasons you wish to travel abroad. Doing so could help further increase your chances of receiving approval for your application.

Confirm All Details and Documents Are Correct and Included

After initially collecting and completing all documents, including Form I-131 and other supporting paperwork, make sure all information is up-to-date, correct, and complete. Any problems with your application could compromise your advance parole application and prevent you from traveling.

Don’t be afraid to consult an immigration attorney for any help if needed. The right professional will be able to look over your application and ensure it’s ready for submission. An attorney can also help with a DACA renewal request and any other issues you might need help with as a DACA recipient.

Possible Risks of Traveling With advance parole

You must also consider the potential risks of traveling with advance parole, which may include:

Inability to Gain Re-entry to the U.S.

Even if you successfully apply for advance parole, certain issues could prevent you from gaining re-entry into the U.S. For instance, you might unknowingly face deportation and removal proceedings, which could render you “inadmissible” in the U.S.

The Emotional Impact of Your Travels

You could experience negative emotions on your travels, ranging from fear to depression and feelings of isolation, making it necessary to prepare emotionally before your trip.

Issues With Customs

Some immigrants attempting to reenter the U.S. after traveling abroad could undergo something called “secondary inspection” with U.S. Customs and Border Protection officers. Preparing for a potential secondary inspection could make the process less unexpected and traumatic.

Getting Advance Parole for DACA Recipients in Chicago

If you intend to travel abroad as a DACA recipient, you may be able to successfully apply for advance parole for DACA. Taking the right steps will keep this process smooth and help you get to your international destination.