Legal Question in Immigration Law in Illinois

permenant residency questions from H1B holder

Hi.

I am interested in finding a reputable and experienced immigration lawyer in Chicago IL. I am a currently on a H1B visa which is valid til June 2007. I have been here since August 2002. I recently got engaged to my fiance who is an American and we are planning a wedding for Sept 2006. My immediate family is flying in for this. We want to go back to my country immediately after the wedding for a two week honeymoon and for my fiance to meet my family and friends who can not attend our wedding. We intend on filing for my permenant residency straight after we returned from the honeymoon. Could tell please me if I will be able to re-enter the US on my H1B visa as usual or would our marriage now effect my re-entry and cause complications? What paper work do we need to consider to avoid re-entry issues as I work for a university and my life is now in the US so I want to avoid being refused re-entry! With regards to the permenant residency issue, would us getting an immigration lawyer be more beneficial than filing by ourselves? How much will an immigration lawyer cost?

Thanking you in advance and I look forward to hearing from you soon!


Asked on 12/18/05, 11:33 am

2 Answers from Attorneys
Vincent Martin Hellmuth & Johnson PLLC

Re: permenant residency questions from H1B holder

If you are maintaining your H-1B status, you do not need special authorization to re-enter the U.S. after traveling abroad; despite your marriage to a U.S. citizen. You should carry documentation to prove that you are maintaining your status (e.g., I-797 (H-1B approval notice), current pay stubs, a letter from your employer, etc.).

When weighing the benefit your are seeking (permanent residence) against the cost of hiring an attorney to make sure you are proceeding correctly, it seems clear to me that the benefit out weighs the cost.

Attorney fees for this type of representation range from $2,000 to $4,000. Keep in mind that you are not required to hire an attorney in your state because of the Federal nature of U.S. immigration law; however, if you require in-person consulting, then you should hire an attorney from Chicago (this may cost a little more).

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Answered on 12/19/05, 11:42 am
Brian Sather Sather Immigration Law

Re: permenant residency questions from H1B holder

Applicants for admission in H-1b status who have valid H-1b visas and the original I-797 approval notice, and who remain eligible for the H-1b classification are not presumed to be intending immigrants, and therefore can expect their application for admission not to be weakened by their marriage to a U.S. citizen.

Several avenues may be available to you, and, depending on issues including, but not limited to, your projections for the future course of your current employment relationship, one or more may be clearly superior to the others in terms of convenience and flexibility, insulation from disruption of your plans, and other important interests.

A good immigration attorney will help you and your fianc� identify the range of options, and then will help ensure that your case proceeds as quickly and smoothly as possible.

Mr. Martin's statement of the range of attorney fees for this sort of case is not accurate. He probably meant it as a statement of his personal experience, rather than as a definitive description of the market, which would be beyond his ability to provide. In any event, some attorneys charge more than $4k, others less than $2k.

Feel free to contact me to discuss your case.

Sincerely,

Brian Sather

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Answered on 12/20/05, 5:36 pm


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