FREQUENTLY ASKED QUESTIONS
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ONLY general information is provided in this page
Please call the Legal Department at 773-508-5300
and make an appointment. Thank you.
I am a United States citizen. Which relatives may I petition for, so that they can immigrate into the United States and become Permanent Residents?
You may petition for your spouse and unmarried children under 21, and if you are over 21, you can petition for your parent, as well. These persons would have an immigrant visa immediately available to them, if they are otherwise qualified.
You may also petition for your married or unmarried sons and daughters, and your brothers and sisters, but these persons may have to wait several years before an immigrant visa becomes available to them, if they are otherwise qualified.
I am a Lawful Permanent Resident. Which relatives may I petition for, so that they can immigrate into the United States and become Permanent Residents, too?
You may petition for your spouse and any of your children, regardless of how old they are, but they must be unmarried, and they must be otherwise qualified. If your child becomes married, you will no longer be able to file a petition. You cannot file a petition for your brothers or sisters.
Your relatives may have to wait several years before an immigrant visa becomes available for them.
I just became a Permanent Resident; may I now register to vote?
No. Only United States citizens may register to vote. If a permanent resident or other non-citizen registers to vote, or votes in a municipal, state or national election, that is a deportable offense.
I just became a United States citizen; may I now register to vote?
Absolutely yes. As a United States citizen, you have obtained certain rights, and also obligations. Voting is not only your right, but your obligation, as well.
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I was arrested, and in Court I was told to plead guilty and that I would be given “supervision,” so that no conviction would appear on my record. Is this true?
This is true IF you are a United States citizen, but it is NOT true if you are a lawful permanent resident or other non-citizen. Under Illinois law, Supervision for a certain period of time, usually six months or one year, may be granted by the judge in criminal court, for certain offenses, if you plead guilty and agree to certain terms and conditions. At the end of the time period, if you have satisfied all the terms and conditions given to you by the judge, the judge will dismiss the charge, and close the case, without Illinois conviction.
However, under U.S. Federal Immigration Law, an Illinois Supervision IS A CONVICTION and it will be regarded as a conviction for your immigration case. If you are arrested, be sure your criminal defense lawyer or the public defender knows that you are not a citizen. Remember, if you are charged with a crime, you have the right to a jury trial.
Should I get my criminal record expunged or erased?
Generally if you are a non-citizen, CENTRO ROMERO recommends NOT to expunge your record until after you become a citizen, because these records are needed in various stages of your immigration case. If you were charged with a misdemeanor, and given Supervision, or even if the misdemeanor charge was dismissed, it is probably best NOT to have your record expunged (even if Illinois law allows you to do so), until after you become a citizen. Certain Court documents and dispositions are needed in the course of immigration and citizenship cases, and by having your record expunged, you may have difficulty in obtaining those documents and dispositions. If you do get your record expunged, you should be given a copy of the Court File. Keep it, because you will need it.
Beside certain criminal charges and almost all drug-related charges, what kinds of factors can permanently bar a person from living in the United States as a Permanent Resident?
If a non-citizen claims to be a United States citizen or votes; that may permanently bar her from ever being able to become a Permanent Resident.
If a Permanent Resident claims to be a United States citizen or votes; that may become deportable offense.
If a person enters into a fraudulent or sham marriage just to obtain an immigrant visa, he may become permanently barred from ever becoming a Permanent Resident, and may also be criminally charged.
If a person has been in the United States undocumented for more than one year, and then leaves again, and then re-enters again without documentation, she may never be able to become a Permanent Resident.
Back to top I am being paid in cash. Do I need to file income tax returns? I was told that you only have to file income tax returns if you receive a W-2 or a 1099 or some other official government form.
Under U.S. tax laws, cash income must be declared and taxes paid on it. Yes, you need to list cash income on your Income Tax Returns. CENTRO ROMERO recommends that you comply with all U.S. tax laws. Tax issues often come up in immigration cases.
Who is qualified to help me with my immigration case?
Immigration Attorneys are licensed by the State and are publicly accountable for the services they provide, and their licenses must be posted in their offices.
BIA Accredited Representatives must be associated with a BIA Recognized not-for-profit organization, and they, too, are publicly accountable for the services they provide.
The permitted activities of other non-attorney and non-accredited immigration service-providers are restricted and regulated by both Illinois Statute and Chicago Ordinance, that require them to post large, conspicuous signs where they do business, that clearly state in all languages that they purport to serve, that they are not attorneys and not BIA Accredited Representatives, that they cannot give any legal advice, and legal advice includes telling you which forms to fill out and send in. They must also post a standard list of fees for their specific services.
Immigration fraud complaints can be filed anonymously. For more information, see Section 2 AA of the Illinois Consumer Fraud and Deceptive Business Practice Act, and the Chicago Immigration Assistance Ordinance (Chapter 4-372 of the Chicago Municipal Code), or call the Chicago Department of Consumer Services or the Illinois Attorney General.
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