The Law Office of Kevin Dixler

The U.S.C.I.S. is one agency, with primary responsibility to ensure that employers do not hire foreigners, who are unauthorized to work. The U.S.C.I.S. and the Social Security Administration, like the I.R.S., conduct “audits” to determine whether an employer knowingly, negligently or recklessly violated immigration laws. The civil and criminal penalties can devastate a business and its employees. The U.S.C.I.S. may seem random and unpredictable in its enforcement. However, the Agency depends upon what it considers reliable leads.
Many employers hire attorneys to conduct I-9 self-audits and policy reviews. Employers can hire attorneys before the search warrant can begin if they insist. An employer can ask for three days to hire counsel or indicate that they have an attorney. Many employers do not know all obligations and responsibilities, which can create unexpected penalties. Experienced Immigration Attorneys, in this area, can review and recommend personnel practices and procedures concerning I-9 documentation methods. Our office conducts I-9 procedure reviews for employers.

It also conducts training sessions for personnel departments with in-house examples following a self audit. Our office explains how an actual U.S.C.I.S. audit will generally take place and what will be requested by the U.S.C.I.S. Employers can ill-afford to be unprepared for an I-9 audit. The cumulative fines were not capped by Congress. However, there are also potential criminal penalties, as well. The fact that this starts as a U.S.C.I.S. civil investigation means that it is easier for people to admit to crimes during an audit.

Some foreigners are authorized to work, but a company’s personnel department often does not understand, which of numerous U.S.C.I.S. documents, stamps and identification cards allow a foreigner to lawfully work in the United States. Often, personnel departments mistake fraudulent documents for the original U.S.C.I.S. documents. These mistakes can be costly to an employer. In fact, some employers have turned away individuals qualified to work.

The Immigration Act of 1986 mandates that all employers verify the resident and work authorization status of all its workers, before it hires a worker. All workers, including those who appear to be U.S. born must document their resident status as a citizen, resident or work visa holder.

Some workers are exempt from this procedure, but all hires and re-hires after 1986 are not exempt. Employers must ask for government issued identification to verify a worker’s resident and/or citizenship status. Some older forms of U.S.C.I.S. documents are no longer valid for such verification purposes.

The penalties for improperly documenting a worker, U.S. born or foreign born, range from $100 to $10,000 per violation on the civil penalty side. There are also criminal penalties for members of personnel departments under certain circumstances.

A violation can consist of one relevant mistake on an I-9 form. A “pattern and practice” of ignoring the material I-9 form requirements can result in federal indictments and criminal convictions for the employees responsible for preparing the forms. Supervisors of such responsible employees also can face the same criminal problems.

A book is available from the U.S.C.I.S. known as an M-274. This book documents some, but not all, of the documents accepted for I-9 employee verification. I find that the book lacks enough information to allow an employer to make decisions.

The U.S.C.I.S., in October of 1997, now provides a pilot program for some employers called eVerify. The program has its weaknesses, which includes a lack of information on validly issued employment authorizations cards. Some U.S. citizens have been excluded from the database, as well. Such shortcomings can lead to unnecessarily deferrals to U.S.C.I.S. for corrections, which can hinder an employer’s chances of securing an employee. An employer who lacks eVerify can be disqualified from some programs that allow optional practical training from being extended. There are pros and cons to signing up for eVerify.

The U.S.C.I.S. expects all employers to know and enforce these laws. The U.S.C.I.S. no longer provides employer training. However, Congress has recently provided additional funds for the enforcement of these laws through the use of interior D.H.S. Officials.

Note that it is also possible for employers to be fined for refusing to accept valid U.S.C.I.S. documents. These laws, again, were modified in September of 1996 to make it easier for employers.

For more information, contact this office or a law firm familiar with U.S.C.I.S. Employer Audits and Employer Sanctions.

1. Do you have experience with cases like mine?

You should ask the attorney to verify whether they have worked with cases similar to yours, as experience is a huge factor in knowing how to handle difficult situations that arise in immigration law.

2. Will other people be working on my case?

Many lawyers hire paralegals and assistants to help with administrative aspects and less-complicated cases. You should know who else will handle your case to be sure you can work with them and know whom to contact with questions.

3. How much time will you spend on my case?

Many lawyers charge according to the amount of time a case consumes. While the attorney may not be able to guarantee an amount of time as complications could always arise, they should be able to give you a general estimate of how long your case will take.

4. How much do you charge?

Some lawyers charge an hourly rate, while others, like our law firm, go by a flat fee schedule. Comparing prices can help you find the right lawyer, but remember that the fee isn’t the best indicator of the quality of service.

5. What will you do for me in my immigration case?

You should understand your attorney’s role in the immigration process and what they expect of you. Who will gather the documents and fill out the forms?

6. Do you think I have a good chance of success?

An experienced and honest attorney should inform you of the realistic chances of a positive outcome in your case. Their confidence can indicate whether they will be a good choice in handling the immigration needs you have.

7. How busy are you?

Many lawyers are extremely busy, affecting their ability to make deadlines and get things done in the timeframe you need. Make sure your lawyer will dedicate the time necessary.

8. What language(s) do you or your assistants speak?

Communication is essential in the lawyer-client relationship. Making sure someone at the office speaks your language is important in finding a lawyer.

9. Will I be able to reach you with questions or concerns?

You should also feel comfortable reaching out and asking questions. Choose a lawyer who will make time to listen to you and answer questions in a way that you can understand.

10. Is honesty important to you?

In immigration law, an honest lawyer and client working together have a great chance of success. Honesty is a crucial characteristic of a good lawyer.

11. Do you specialize in marriage-based and family-based immigration?

Many law firms handle a wide variety of legal matters. Make sure your lawyer focuses primarily on the type of immigration for your situation.

12. What is the next step if I choose to hire you?

Your attorney should be able to provide a clearly defined process of steps leading to your immigration goal.

For immigration questions and to find an excellent immigration attorney with nearly 30 years of experience, contact our immigration law firm at 312-728-4610.

The I-751 is used for conditional green card holders to remove their residency conditions. Having Form I-751 approved means you will have conditions, or hold, on permanent residence without requirements for reapproval and is an excellent way to one day obtain U.S. citizenship. However, getting Form I-751 approved can be tricky and requires care, including providing adequate evidence that you deserve to have your immigration status updated.

When seeking lawful permanent residency without conditions, you should contact a trusted legal professional. They will know whether you will be eligible for upgraded status, what forms to submit, when to file, and how to gather appropriate evidence. Contact our law firm today to get started!

What Are Some Common Reasons for the Denial of Form I-751?

Many immigrants are not approved for Form I-751 because they miss important deadlines at the USCIS. Unfortunately, the timelines can vary. This is why you should work with an immigration attorney familiar with USCIS and can act quickly to avoid missing deadlines.

Some other common reasons that Form I-751 is denied are:

• Insufficient documentation or not providing needed documents that cover the required period
• Enough documentation to overcome the presumption of marriage fraud
• One or both applicants were unable to show up for the USCIS interview
• The U.S. citizen’s spouse refused to file jointly or attend the interview
• The USCIS determines that your marriage was fraudulent because the answers given during questioning in separate interviews were significantly different
• Criminal convictions that result in deportation

What Evidence Can I Provide to Get My I-751 Approved?

Not all immigrants with Form I-751 denied are summoned to court for deportation proceedings. This can be stressful, so you should seek adequate legal help from a trusted immigration attorney to defend you in court. You will have the chance to support your case by providing additional evidence, questioning witnesses, and explaining why you didn’t make a deadline in your original application.

Some helpful documentation that you should consider submitting may include but is not limited to:

• Appropriate photographs
• Sworn statements from friends and family members who know the couple, explaining their experiences with them
• Children’s birth certificates, if applicable
• Evidence of joint bank accounts or mortgages you held in both names
• Information that proves your marriage was entered into in good faith

Should You Hire Our Immigration Lawyer?

Even if your I-751 is denied, there is still hope! You can appeal the decision and provide the needed evidence. Working with an experienced and talented attorney gives you the best chance of success.

At Dixler Law, we work exclusively on immigration law and have been helping clients with their immigration goals for nearly 30 years. Our attorney has received numerous awards for his skill in immigration law, including family and marriage-based immigration. If you need help getting your I-751 approved based on marriage or for any reason, call us today at 312-728-4610.

There are many ways to earn a green card and obtain legal residency in the United States. A green card allows you to seek lawful permanent residence, seek benefits such as lower college costs, access unrestricted travel in and out of the US, have better career opportunities, social security benefits, and the ability to sponsor family members for immigration. Depending on the category of your green card, you may have to complete specific requirements, or your green card could become invalid. Click here to see the USCIS page on green card categories.

Some common green card categories are:

• Green card through family
• Employment green card
• Special immigrant green cards, such as for abused juveniles or religious workers
• Refugee or Asylee green card
• Green card for human trafficking victims or victims of a crime
• Green card for victims of abuse

What is a Conditional Green Card?

Conditional green cards grant the same rights as a permanent green card but expire after the required period unless the applicant gets their status reapproved. Temporary green cards are usually awarded to people who marry U.S. citizens. The idea is that the marriage must be a marriage based upon love and mutual moral respect. This legal phrase has been mistranslated and can create permanent disqualification.

If your conditional green card expires, you could be subject to deportation. However, the USCIS may still accept your petition to remove the conditions from your green card. Please speak with a lawyer immediately to help remove the conditions from your temporary green card.

How Can I Get the Condition Removed from My Green Card?

You may have the conditions removed from your temporary green card by successfully filing the I-751 with your spouse if you are still married. You may need to provide further evidence, such as photos of the two of you together, joint bank accounts, and affidavits from people who know you as a couple.

For divorced couples, you may still be able to have your green card conditions removed, but it will probably be a challenging process. USCIS officers are wary of individuals who have married solely for the purpose of entering the US. However, there is still hope! Working with an experienced immigration attorney can give you a chance to prove that you entered the marriage in good faith.

Should You Hire Our Immigration and Naturalization Attorney?

Getting a green card is an excellent step toward becoming a U.S. citizen. However, many green cards come with conditions that must be met. For help understanding what your green card allows and what expectations you must meet, please get in touch with our skilled immigration lawyer.

We have nearly three decades of experience helping unite families on US soil, including assisting clients in getting a green card and using Form I-751 to remove conditions from their temporary visas. Contact us today to discuss your situation and see how we can help by calling 312-728-4610.

Individuals may enter the United States with a K1 fiancé(e) visa when they plan to marry a U.S. citizen or permanent resident. However, this visa expires after 90 days. By this point, the foreign national spouse must apply to have the conditions removed and receive a green card.

Adjusting your K1 visa status is an exciting achievement along the path to US citizenship! But the process can be complicated and frustrating if you don’t have the right legal help. An experienced immigration attorney will advise you on what forms to submit and how to present enough evidence to increase your chances of approval. With such important matters at stake, don’t take the risk of going it alone. Call our law firm today!

What Forms Are Commonly Used for K1 Visa Adjustment of Status?

The following are some of the commonly used forms for adjusting your K1 visa status:

• Form I-485 – This immigration form indicates to USCIS that the marriage between a foreign national and US citizen has taken place during the proper time period. Filing this form is an essential first step in upgrading your immigration status.
• For I-864 – This form is also known as the Affidavit of Support and is filed by the US citizen spouse indicating that they are sponsoring their foreign-born spouse for a green card.
• Form I-693 – This form refers to the individual passing a medical examination and receiving required vaccinations.
• Form I-765 – This form is the Application for Employment Authorization and allows the foreign spouse to work in the US.
• Form I-131 – This form allows the applicant to travel, whereas the K1 visa is for one-time entry into the United States.

Contact our law firm today for help determining what forms you need for your K1 visa adjustment status.

What Should I Expect in a K1 Visa Adjustment of Status Interview?

The K1 visa adjustment of status interview is another critical step to obtaining a green card. You will meet with a USCIS officer who will ask questions to verify that you are not otherwise disqualified from becoming a permanent resident. Your spouse will also need to attend an interview, and you both may be asked the same questions separately to compare your answers.

It is a good idea to have an attorney present at the adjustment interview to avoid possible confusion. A skilled simultaneous interpreter may also be required in some situations.

Can Our Immigration Law Firm Help You?

The K1 visa adjustment of status can be exciting but stressful. Having an experienced K1 visa lawyer on your team is one of the best choices to increase your chances of success.

At our law firm, our immigration lawyer has handled many family-based and marriage-based cases in his nearly three decades of practice. He will stand by you throughout the process to help you understand what is expected of you. Contact us today to schedule an appointment at 312-728-4610.

Many people run into trouble when pursuing their green card because they have been living unlawfully in the United States, making them inadmissible to adjust their immigration status. If you are only inadmissible because of your unlawful presence, an I-601A waiver may allow an approved petition for green card status.

On the other hand, if you are ineligible for any other reason, you may also need to file more than one waiver. More than one form I-601 may need to be filed and approved when you try to adjust status or during consular processing. For help knowing which form you need and to get the best chances of approval, you should hire an experienced immigration attorney like the one at our law firm. Call us today to see how we can help you!

What is Form I-601?

Immigrants seeking to adjust their status who would be inadmissible may submit a Form I-601 to waive the reason preventing them from achieving their immigration goals. Please note that not all grounds of inadmissibility are waivable. You should seek professional legal counsel for your unique situation.

Some examples of conditions that could be waived using Form I-601 are:

• Inadmissibility due to criminal activity
• Inadmissibility due to immigration fraud
• Health-related grounds of inadmissibility
• Aliens previously removed
• Foreign nationals who have unlawful presence after violating immigration law
• Inadmissibility due to the 3-year or 10-year bar for unlawful presence
• Inadmissibility due to membership in a totalitarian party
• Inadmissibility because of immigrant smuggling

What is the I-601A Waiver?

The I-601A waiver is much smaller in scope because the only ground of inadmissibility it removes is that of unlawful presence. Many immigrants do not travel outside the country because they fear they will not be able to return to their families since they do not have a lawful presence yet. Some illegal immigrants are separated from their loved ones for three to ten years, waiting for approval to reenter. This program encourages the immigrant to file for an unlawful presence waiver while physically present in the United States, with limited exceptions.

Should You Hire Our Immigration Lawyer?

When you run into trouble gaining lawful permanent residency in the United States, you really can’t afford to go it alone. Every situation is different, so you should speak with a knowledgeable immigration attorney right away to find out what the best path is for you and your family.

At our law firm, we have nearly 30 years of experience helping unite families in the United States. We know how tricky it can be to determine which form to submit and how to provide adequate evidence so your application is approved. Rely on our experience, honesty, and dedication to give you the possible chance of success for your case. Call us today to schedule a consultation and discuss the details of your circumstances at 312-728-4610.

Individuals who receive a green card based on a marriage that is less than two years old must petition to get the conditions removed when their residency expires. Getting approval depends on proving you are still married to a U.S. citizen or legal resident or that your parent is still married to a U.S. citizen or resident in their Form I-751.

Removing the conditions from your green card is an exciting step in your immigration journey! However, this process is complex as it requires proving that your marriage is bona fide. Things become even more difficult if you have divorced the person. There is still hope, as you may file Form I-751 without your spouse if you entered the marriage in good faith. Contacting a good lawyer is a significant first step in getting your conditions removed, so call us today at 312-728-4610!

Who is Eligible to Have Green Card Conditions Removed?

Individuals still married to the person with whom they filed for the green card are eligible to have the conditions removed. This also applies to people who obtained a green card because their parent married a U.S. citizen.

You may also keep your green card and remove the conditions if you have divorced the person or if they died. This process is more complicated as you must prove that you entered the marriage in good faith. Your lawyer can help you gather evidence to remove your conditions, such as photos of the two of you taking vacations together and evidence that you had children or owned joint bank accounts or leases.

How Do You Apply to Remove Green Card Conditions?

To remove the conditions from your green card, you should first speak with an experienced immigration attorney who can help you file the proper forms and gather enough evidence to get the petition approved. The first form you should focus on is Form I-751. This must be filed jointly with the person who sponsored you in getting the original green card, either the citizen spouse or parent. Reach out to our law firm for help getting the proper forms sent in on time so you can receive permanent legal status.

Should You Hire Our Immigration Lawyer?

Immigration matters can be complex, with the changing regulations and deadlines at USCIS. Our law firm is delighted to help individuals achieve their immigration goals in family or marriage-based immigration cases. Even if your marriage ended in divorce, there is still hope that you can remove the marriage conditions from your green card, especially if you were battered or abused.

Whenever you have immigration questions or need help through this challenging process, you can turn to our law firm for an honest, dedicated lawyer with nearly 30 years of experience in immigration law. We will stand by you throughout your immigration procedures and give you the best chance possible of getting your petitions approved. Call today to schedule an appointment at 312-728-4610.

When people speak about the four types of immigration, what they are actually talking about is the four immigration statuses in U.S. immigration law. These include citizens, residents, non-immigrants, and undocumented immigrants. Reach out to our law firm today for help achieving your immigration goals, no matter your current status.

1. Citizens

Citizen status refers to being a full citizen of the United States with all rights and privileges available in this country. Immigrants may receive citizen status by taking the Oath of Allegiance, passing tests on knowledge of U.S. history and government, demonstrating strong English skills, and showing good moral character. Citizenship is often the goal of immigrants and takes time and effort to obtain, but it has many benefits. Contact us today for help getting started!

2. Residents

Another immigration status is that of a lawful resident. These individuals hold a green card, showing they have a right to live in the U.S. but are not citizens yet. Green card holders enjoy many benefits, such as more accessible travel in and out of the U.S. and being able to sponsor their family members for legal residence. They also may qualify for social security and attend college for less money.

3. Non-immigrants

Non-immigrants include persons who enter the United States temporarily, such as for work. There are a wide variety of employment visas and non-immigrant statuses for other visitors. Many people are familiar with H-1B visas which employers may use to bring in specialized workers, but these visas have a cap on how many people can be approved each year. If you need a non-immigrant visa for employment or for any other reason, we urge you to speak with a legal professional to find the best path for getting visa approval.

4. Undocumented Immigrants

Finally, undocumented immigrants are also known as “illegal aliens.” These individuals did not follow proper legal procedures for entering the United States and may be subject to deportation. They may still submit paperwork that could allow them to continue living in the United States, but they should do so under the guidance of a skilled immigration attorney.

Should You Hire Our Immigration Lawyer?

Immigration law is complicated, and many regulations change quickly and without notice. Hiring a lawyer is an excellent way to start your immigration journey off on the right foot. Our law firm has nearly 30 years of experience helping individuals like you become legal residents and citizens of the United States. We know how important this decision is for you and your family, so we will communicate clearly with you throughout the process so you can be an active participant at every step of the way.

For more information on your unique situation, please reach out to us right away at 312-728-4610. We charge for consultations, but our depth of knowledge and experience gives each meeting a great deal of value. It can save you from the heartache of unnecessary delays or even deportation. Call today!