Khan Nayyar & Associates, LLC

Call Us 630-LAWYERS | 630-529-9377

Se Habla Español

Recent blog posts

Naperville employment law attorney overtime payWhen considering overtime pay, there are two different types of employees: exempt and non-exempt. If you are an exempt employee, your employer is not required to pay you overtime. When making determinations about whether an employee is exempt or not, employers typically look at the type of pay the employee receives, the kind of work the employee does, and the day-to-day responsibilities the employee has. Sometimes, whether inadvertently or on purpose, employers will classify employees incorrectly, resulting in non-exempt employees not being paid overtime when it is necessary. If you are not being properly compensated by your employer, you should speak with an employment law attorney to learn about your options.

Exempt and Non-Exempt Employees

The United States Department of Labor governs how employees are classified, and the Fair Labor Standards Act (FLSA) sets guidelines on when employees are to be paid for overtime work. The Illinois Minimum Wage Law also sets statewide standards for how overtime is calculated and which types of employees are exempt and non-exempt from overtime.

Non-Exempt

Many workers fall into the non-exempt category. In fact, non-exempt is typically the rule, not the exception. Both the FLSA and the Illinois Minimum Wage Law state that when non-exempt employees work more than 40 hours in a work week, employers must pay the employee one and a half times the normal hourly rate for every hour worked over 40. There are exceptions to that rule, however, which is where the exempt employee status comes in.

...

Woodridge fiance immigration lawyerImmigration has been a hot topic in recent years. Under the current presidential administration, immigration policies have been under scrutiny, and fiancé visas - officially known as K-1 visas - have taken a hit. According to the United States Citizenship and Immigration Services (USCIS), around 90 percent of fiancé visas were approved in 2016. In 2017, when President Donald Trump took office, the percentage of approved fiancé visas dropped to around 66 percent. Even though fiancé visas are getting harder to obtain, it is not impossible to get one - you just need the help of a skilled immigration attorney.

Eligibility Requirements for a K-1 Visa

In order to successfully obtain a visa for your fiancé, you must meet certain requirements. Though every visa petition is different, there are a few common requirements that you must meet. Eligibility requirements include:

  • You must be a U.S. citizen;
  • Both you and your spouse must be able to become legally married;
  • You must intend to marry your fiancé within 90 days of receiving the visa;
  • You must have physically met each other face-to-face at least once within the past two years; and
  • You must meet certain income requirements to prove that you can support your fiancé.

Other Elements of the K-1 Visa Process

In addition to meeting the requirements for a fiancé visa, you must also complete a series of other steps in order to successfully complete the process:

...

Downers Grove domestic violence defense lawyerThe recognition of and response to domestic violence have improved over the last decade, but domestic violence still exists, and it is a serious and widespread issue. According to the National Coalition Against Domestic Violence, an estimated 10 million people experience domestic violence each year. However, criminal charges related to domestic violence are not always fully understood, which is why it is important to get your facts straight and be informed about local laws. Here are four things you might not have known about domestic violence charges in Illinois:

1. Domestic Violence Can Only Occur Between “Family or Household Members” 

Any act of abuse that occurs between unrelated people is not considered domestic violence. Examples of relationships that are included under the definition of “family or household members” include:

  • Spouses and former spouses.
  • Parents and step parents.
  • Children and step children.
  • People who currently live together or used to live together.
  • People who dated or were engaged.
  • People who have a child in common.
  • People with disabilities and their personal assistants.

2. “Abuse” Can Include Many Different Forms of Behavior 

Abuse can manifest in physical, emotional, or even sexual forms. Examples of abuse can include:

...

Westmont truck accident injury lawyerSemi-trucks are the biggest vehicles that travel on the roads. Compared to the average sedan, or even a pickup truck, semis are monstrous. Because of their enormous size, tractor-trailer trucks can cause major damage when they get into accidents, which are, unfortunately, not uncommon. The Federal Motor Carrier Safety Administration (FMCSA) states that nearly 500,000 fatal and non-fatal crashes that involved at least one large truck occurred in 2016. Getting into an accident with a large truck can mean serious or life-threatening injuries for drivers and passengers of any vehicles involved.

Neck and Back Injuries

It is not uncommon for those who are involved in any kind of car accident to have some sort of neck or back injury. When it comes to truck accidents, neck and back injuries are not rare, because the size of the truck results in a great impact when it collides with another vehicle. The most common neck or back injuries are:

Whiplash

This injury occurs when a person’s neck is suddenly and forcefully thrown back and forth or side to side. Whiplash most commonly occurs in rear-end accidents, but it can occur in any truck accident. Symptoms of whiplash can include:

...

Aurora employment discrimination lawyerIn 1963, the United States adopted a law called the Equal Pay Act which prohibits sex-based wage discrimination. The law is an amendment to the Fair Labor Standards Act, and it requires employers to pay men and women equally for doing the same work. Not only is there a federal law prohibiting wage discrimination, but states also have their own laws dictating how wage discrimination is defined. Unfortunately, sex-based wage discrimination still occurs today, which is why it is important to understand the laws against it.

Equal Pay for Equal Work

Even though the Equal Pay Act ensures that both men and women are protected from sex-based wage discrimination, it was originally created to help fix the wage inequality between male and female employees in the workplace. The law has almost always been applied to women who were paid less than their male coworkers for doing similar jobs.

How the Federal Government Determines if Jobs Are Similar

The federal Equal Pay Act states that men and women must be paid the same wage for similar work. Their jobs do not need to be identical, but they do need to be similar. When determining whether or not the jobs are similar, certain factors are taken into consideration, including:

...

Aurora immigration attorney visa denialIf you are a United States citizen or lawful permanent resident (LPR), there are ways that you can bring your spouse, fiancé, or other family members into the U.S. to live with you if they are a citizen of another country. Unfortunately, not all who apply for visas receive them. While there is not a limit on the number of visas issued to spouses of U.S. citizens, only a certain number of other types of visas are issued each year to allow people to enter, live, and work in the United States. In addition to restrictions on the number of visas issued, certain situations can disqualify your family member from obtaining a visa.

Health-Related Situations

The United States has specific requirements for people wishing to enter the country. Health-related issues usually revolve around sustaining the health of the public. Those applying for visas must have been vaccinated against:

  • Mumps;
  • Measles;
  • Rubella;
  • Polio;
  • Tetanus;
  • Diphtheria;
  • Pertussis;
  • Influenza type B; and 
  • Hepatitis B.

The U.S. also does not allow those who have a mental disorder and associated behavior that poses a threat to the property, safety, or welfare of the person or others, or those who are determined to be drug abusers or addicts.

...

Carol Stream immigration visa lawyerAn estimated 1.13 million people obtained lawful permanent resident (LPR) status in the United States in 2017, according to the Department of Homeland Security. While employer exploitation can happen to anyone, immigrants tend to be the target of exploitation or abuse, threatening the lawful immigration status of many workers.

Abusive Behaviors of Employers

Certain behaviors exhibited by employers can violate laws related to wages and hours, protections provided by equal employment laws, or workers’ rights to participate in protected collective activity, but sometimes employer abuse can be considered a criminal offense. These behaviors include things such as:

  • Trafficking
  • Rape
  • Unlawful criminal restraint
  • False imprisonment
  • Blackmail
  • Involuntary Servitude
  • Witness tampering
  • Obstruction of justice
  • Extortion
  • Domestic Violence
  • Kidnapping
  • Being held hostage
  • Manslaughter
  • Murder

In situations which these behaviors occur, workers may possibly be eligible to receive a U visa.

...

Oak Brook immigration attorney fiance visaWhen a United States citizen plans to marry someone who is a citizen of a foreign country, they may be able to obtain a nonimmigrant visa that will allow their fiancé to come to the U.S. to get married, after which they may apply for a Green Card. However, the process of bringing a fiancé to the United States is complex, and it involves multiple government agencies. To complete the process of fiancé immigration, the following steps must be followed:

  1. File a petition for fiancé - To begin the process, a U.S. citizen must file Form I-129F (Petition for Alien Fiancé(e)) with U.S. Citizenship and Immigration Services (USCIS). If USCIS approves this petition, they will recognize the relationship between the citizen and their fiancé and send the approved petition to the National Visa Center (NVC).
  2. Apply for a fiancé visa - After the Department of State (DOS) receives an approved Form I-129F, the fiancé can apply for a K-1 nonimmigrant visa at the U.S Embassy or consulate in the country where they currently live. 
  3. Attend a visa interview - The fiancé will be interviewed by a DOS consular officer, and they will be required to provide certain documentation, including proof of required medical examinations and vaccinations and an affidavit of financial support. If the fiancé qualifies, a visa will be issued.
  4. Enter the U.S. - After a visa is issued, it will be valid for up to six months. The fiancé will travel to the United States, and they will be inspected by U.S. Customs and Border Protection (CBP), who will decide whether to admit them to the U.S. 
  5. Get married - After the foreign fiancé enters the United States, they must marry their U.S. citizen fiancé within 90 days. 
  6. Apply to adjust status - After getting married, the immigrant spouse may apply to become a lawful permanent resident of the United States by filing Form I-485 (Application to Register Permanent Residence or Adjust Status). Both spouses may be required to provide documentation and attend an interview.
  7. Remove conditions on residence - Spouses who have been married for less than two years when applying to adjust their status will receive a conditional Green Card that will be valid for two years. Within 90 days of the expiration of this Green Card, they must apply for permanent residence by filing Form I-751 (Petition to Remove Conditions on Residence).

Contact a DuPage County Immigration Lawyer

Meeting the requirements for fiancé immigration can be a complicated process, and the assistance of an experienced immigration attorney is often required in order to ensure that the proper forms are filed and the correct steps are followed. At Khan Nayyar & Associates, LLC, we can provide you with the legal help you need as you work to bring your loved one to the U.S. to get married. Contact our Oak Brook immigration attorneys today by calling 630-LAWYERS.

Sources:

...

Carol Stream green card attorney family preferenceWhen citizens of the United States have relatives who live overseas, they are likely to want to bring their loved ones to live with them. This is a primary concern for parents, since they will want their children to live in a safe community and take advantage of the excellent educational opportunities that are available in the United States. However, it is important to understand the legal procedures that must be followed when helping a family member immigrate to the U.S.

Obtaining an Immigrant Visa

While there are a limited number of visas available for most categories of people who wish to immigrate to the United States and become a lawful permanent resident, immigrant visas for immediate relatives of U.S. citizens are unlimited. Immediate relatives include the children of citizens, as long as those children are under 21 years old and are not married.

To obtain an immigrant visa for an immediate family member, a citizen can file Form I-130 (Petition for Alien Relative). 

...

DuPage County spouse visa attorneyWhen a U.S. citizen or lawful permanent resident (Green Card holder) who resides in the United States is legally married to a citizen of a foreign country, their spouse may be eligible to receive an immigrant visa allowing them to come to the United States and become a lawful permanent resident. The process of applying for a spouse visa is complicated, and couples should be sure to understand the requirements that they must meet when doing so.

Required Documentation for a Spouse Visa

The first step spouses should follow to obtain an immigrant spouse visa is to file Form I-130 (Petition for Alien Relative). Along with this form, they should submit the following documents:

  • Copies of the couple’s marriage certificate and any documents showing that previous marriages have been terminated, such as divorce decrees, annulment documents, or death certificates.
  • Two passport-style photos for each spouse.
  • Proof of citizenship or lawful permanent residence. U.S. citizens can provide a copy of their valid passport, birth certificate, Consular Report of Birth Abroad, naturalization certificate, or certificate of citizenship. Lawful permanent residents can provide a copy of their Green Card or a foreign passport which shows temporary evidence of permanent residence.
  • Form I-864 (Affidavit of Support), which demonstrates that the immigrant spouse will have adequate financial support while living in the United States. 
  • Form DS-260 (Immigrant Visa and Alien Registration Application).
  • Forms showing that the immigrant spouse has completed a medical examination with an authorized doctor and received their required vaccinations.

After filing Form I-130, a spouse may be eligible for a nonimmigrant visa which will allow them to live and work in the United States while their immigrant visa application is pending. U.S. citizens can apply for a K-3 nonimmigrant visa for their spouse by filing Form I-129F (Petition for Alien Fiancé(e)). 

...

Oak Brook fiance immigration lawyerWhen a U.S. citizen or lawful permanent resident (Green Card holder) plans to get married to someone who is a citizen of a foreign country, they will likely want to bring their loved one to live with them in the United States. However, there are strict procedures that must be followed in order to do so. There are two options available for people who plan to help their future spouse immigrate to the U.S. and become a lawful permanent resident:

Marriage Inside the United States

A U.S. citizen can apply for a fiancé visa (known as a K-1 nonimmigrant visa) that will allow their loved one to come to the United States for the purpose of getting married. To receive this type of visa, both spouses must be free to marry, and they must have met each other in person within the previous two years before applying for the visa.

To apply for a K-1 visa, a citizen can file Form I-129F (Petition for Alien Fiancé(e)). After receiving a visa, the fiancé may come to the United States, and the marriage must take place within 90 days after their entry. After getting married, a spouse can apply to become a lawful permanent resident by filing Form I-485 (Application to Register Permanent Residence or Adjust Status).

...

DuPage County immigration visa attorneyWhen a non-citizen who lives in the United States is the victim of a crime, they may be afraid to come forward and report the crime for fear of deportation. However, following the passage of the Victims of Trafficking and Violence Protection Act, these people have the option to report the crime, assist law enforcement in prosecuting criminals, and obtain a visa which will allow them to remain in the United States.

U Nonimmigrant Visas

A person is eligible to apply for a U visa if they meet the following requirements:

  • They have been the victim of certain qualifying crimes, including domestic violence, false imprisonment, extortion, sexual assault, stalking, trafficking, and unlawful criminal restraint, which occurred in the U.S. or violated United States laws.
  • They suffered “substantial physical or mental abuse” as a result of the crime.
  • They can provide information about the crime to law enforcement and are willing to assist in the investigation or prosecution of the criminal activity.
  • They meet the requirements for admissibility to the U.S.

A person can apply for a U visa by filing Form I-918 (Petition for U Nonimmigrant Status), along with Form I-918, Supplement B (U Nonimmigrant Status Certification). They must also submit a statement describing the crime committed against them. If they are inadmissible to the United States, they may request a waiver of inadmissibility by filing Form I-192 (Application for Advance Permission to Enter as Nonimmigrant).

...

DuPage County immigration conditional residence attorneyWhen a U.S. citizen is married to someone from another country, they may apply for a spouse visa which will allow their partner to live and work in the United States. However, some spouses are only eligible to reside in the country on a conditional basis, and couples should be aware of how to remove the conditions on residence and avoid the possible deportation of an immigrant spouse.

Conditional Residence Visas

A spouse who has been married to a U.S. citizen for less than two years is eligible for a conditional residence (CR1) visa. A citizen can apply for this type of visa for their spouse by filing a Petition for Alien Relative (Form I-130). If the alien spouse has already been lawfully admitted to the United States, they can also file an Application to Register Permanent Residence or to Adjust Status (Form I-485). A conditional residence visa allows a spouse to live and work in the U.S. for two years, after which they must apply to have the conditions removed.

Removing the Conditions on Residence

Spouses can apply to remove the conditions on their permanent residence if they were married in good faith (that is, they did not get married with the goal of evading U.S. immigration laws) and:

...

DuPage County fiance visa immigration attorneyWhen a U.S. citizen plans to marry a foreign national who resides in another country, they are able to apply for a K-1 nonimmigrant visa (also known as a fiancé visa), allowing their future spouse to immigrate to the United States for the purposes of getting married. However, the process of applying for this type of visa can be complex, and it is important to understand the requirements that must be met.

Required Documentation for a Fiancé Visa

To apply for a K-1 nonimmigrant visa, a U.S. citizen must file Form I-129F (Petition for Alien Fiancé(e)). They will be eligible to file this petition if both spouses are legally able to get married and plan to do so within 90 days after the alien fiancé arrives in the United States. After the petition is approved, the National Visa Center (NVC) will assign a case number and send information to the U.S. Embassy or Consulate in the country where the fiancé resides, and a visa interview will be scheduled. The foreign national fiancé must provide the following documentation at this interview:

  • A completed Form DS-160 (Online Nonimmigrant Visa Application) - After completing this form, the confirmation page can be printed to bring to the interview.
  • A valid passport - The passport must be valid for travel to the U.S. for at least six months after the period of time the fiancé plans to stay in the country.
  • Proof of dissolution of previous marriages - Both the U.S. citizen and foreign national fiancé must provide divorce or death certificates for any previous spouses.
  • Criminal records - An applicant must provide police certificates containing any arrest records from countries where they have lived for at least six months after reaching the age of 16.
  • Medical examination and vaccination records - An applicant must receive a medical examination from an authorized doctor. While vaccinations are not required at this time, immigration law requires immigrants to receive certain vaccinations in order to obtain legal permanent resident status, and applicants are encouraged to receive these vaccinations as soon as possible.
  • Proof of financial support - Applicants must demonstrate that they and/or their spouse will be able to provide support for them while they live in the United States. A Form I-134 (Affidavit of Support) may be required by the Consular Officer.
  • Two passport photos
  • Proof of relationship - Applicants may be required to provide evidence, such as photographs, that their relationship with their intended spouse is genuine.
  • When a K-1 visa has been approved and issued, the fiancé can enter the U.S., and after the marriage has taken place, they can apply for a green card as a lawful permanent resident.

Contact a DuPage County Immigration Attorney

The application and interview process for a fiancé visa can be complex, and mistakes or omissions made during this time can cause significant delays. If you, your fiancé, or other family members are planning to immigrate to the United States, the skilled attorneys at Khan Nayyar & Associates, LLC can help you meet your legal requirements and work with you to complete the process as quickly and efficiently as possible. Contact an Oak Brook immigration lawyer today by calling 630-LAWYERS.

...

DuPage County green card attorneyLiving in the United States provides people with great opportunities, and after someone has immigrated to the country and attained U.S. citizenship, they will likely want to have their family members join them. In these cases, people should be aware of the options available for family members to immigrate to the U.S. and obtain their green card as a lawful permanent resident.

Immediate Relative Green Cards

Immediate relatives of U.S. Citizens are eligible to apply for an immigrant visa and green card if they fall into one of the following categories:

  • A spouse of a U.S. citizen
  • Children of a U.S. citizen who are under the age of 21 and unmarried
  • Parents of a U.S. citizen who is over the age of 21
  • A widow or widower of a U.S. citizen

There is no limit on the availability of immigrant visas for immediate relatives of U.S. citizens, and once these relatives are living in the United States, they are eligible to apply for a green card. 

...

DuPage County immigration attorney spouse immigrant visaWhen family members are separated by international borders, they will want to do everything they can to be together. This is especially true for married couples or people who are planning to get married. United States citizens or lawful permanent residents who are planning to have their spouse immigrate to the country should be sure to understand their options for obtaining visas and permanent resident status.

Visas for Spouses of U.S. Citizens

To begin the process of obtaining an immigrant visa, a U.S. Citizen who lives in the U.S. and is legally married to a non-citizen must file a Petition for Alien Relative (Form I-130) with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). If the spouse is already living in the U.S., an Application to Register Permanent Residence or to Adjust Status (Form I-485) must also be filed.

If spouses have been married for more than two years, they are eligible for an Immediate Relative visa (IR1). If they have been married for less than two years, they are eligible for a Conditional Residence visa (CR1). Spouses who receive a CR1 visa are allowed to live in the U.S. on a conditional basis for two years. Within the 90 days before a spouse’s conditional residence expires, the spouses must file a Petition to Remove the Conditions of Residence (Form I-751). If they fail to do so, the immigrant spouse may be subject to removal from the country. 

...

Posted on in Immigration

DuPage County fiance visa attorneyIf a U.S. citizen wishes to bring a foreign national to the U.S. in order to marry him or her, the U.S. citizen may apply for a fiancé visa. A fiancé visa (also called a K-1 nonimmigrant visa) allows a U.S. citizen’s foreign national fiancé to enter and stay in the U.S. for about three months so that the U.S. citizen and foreign fiancé may get married. Once they are married, permanent residence (green card) for the foreign fiancé may be applied for. In addition, if the foreign fiancé has children who are under the age of 21 and are unmarried, the children are eligible for a K-2 nonimmigrant visa. 

If the foreign national fiancé does not marry the petitioner within 90 days of his or her arrival to the U.S., the fiancé status of the visa applicant immediately expires. 

In order to be eligible for a fiancé visa, the petitioner must show that:

...
American Immigration Lawyers Association Chicago Bar Association National Employment Lawyers Association Illinois State Bar Association
Back to Top