Questions Answered by Allen C. Ladd

Q: Need help with my daca on elegibility category I don’t know what to put for the form I-765 can anyone help

1 Answer | Asked in Immigration Law for California on
Answered on Jan 27, 2019
Allen C. Ladd's answer
Should be easy. Go to uscis.gov/forms and enter I-765 and keep clicking until you get to instructions page. Or go to uscis.gov and enter search term "DACA" and keep going and you will find the I-765 category. Offhand I think it's (c)(33) by the way, but DON'T take my word for it.

Q: What would happen to the American born child of an undocumented Mexican woman if she were to be deported.

1 Answer | Asked in Immigration Law for South Carolina on
Answered on Jan 27, 2019
Allen C. Ladd's answer
It sounds like they must return together, as the best option, if she were to be deported.

For now, suggest you find an immigration lawyer and arrange a consultation to find out what other rights the mother has. If, for example, the US father abused her, then she may be able to apply for permanent residence as an abused spouse of a USC. (As you may know, here in SC we still have "common-law marriage" which does NOT require a marriage ceremony ... and USCIS will honor state law on...

Q: I have H4 visa. Got selected in H1B and got i797a approval. But ...

1 Answer | Asked in Immigration Law for Vermont on
Answered on Jan 27, 2019
Allen C. Ladd's answer
Your better option is to apply for an H1B visa, based on the I-797A approval notice. Then, you will be able to bypass the change-of-status delay and re-enter the USA as an H1B worker.

This answer assumes you did not violate your H4 visa status prior to leaving the USA, for example working for the employer "as if" you already had the H1B C/S approved.

Q: This related to I-539 denial for change of F1 to B1/B2 status and its affect B1/B2 visa cancillation

1 Answer | Asked in Immigration Law for Texas on
Answered on Jan 27, 2019
Allen C. Ladd's answer
I don't believe the USCIS action has any effect on your B1B2 visa ... but you will have to answer questions on arrival, clearing US immigration about the delay. You should be OK if you can convince them that, despite the short overstay period, you have no intention of overstaying this time. Best to bring with you proof of your work, etc. arrangements upon return to India ... with specific dates. Good luck.

Q: I got my green card in 2012 but didn't move to the US until 2015. Do I owe taxes for 2012-2014?

2 Answers | Asked in Immigration Law and Tax Law for Maryland on
Answered on Jan 27, 2019
Allen C. Ladd's answer
As a green card holder, you are required to report all WORLDWIDE income. I agree with my colleague attorney Mulder, that you will need to consult with a tax specialist or accountant, about what this all means in your particular case.

Q: my girlfriend is ready to fly to Orlando area from Athens Greece with her minor children, to get married and live here

3 Answers | Asked in Immigration Law for Florida on
Answered on Jan 27, 2019
Allen C. Ladd's answer
Sorry, but ... No, not OK. Improper, and considered IMMIGRATION FRAUD. Could result in many problems. STOP.

Much better to take this, step-by-step:

1. You go to Greece and marry your Greek fiancee.

2. You file I-130 family petitions for her, and for each of her children.

3, The I-130 petitions are review, processed and hopefully approved.

4. Then she and her children apply for immigrant visas and attend IV interviews in Athens.

5. When...

Q: If I marry my girlfriend in the USA what happens next how can I get a visa to stay with her

2 Answers | Asked in Immigration Law on
Answered on Jan 27, 2019
Allen C. Ladd's answer
Yes, wherever you are, see an immigration lawyer.

Q: My green card expired a few months ago, will I have some problems to renew online?

2 Answers | Asked in Immigration Law for Texas on
Answered on Jan 27, 2019
Allen C. Ladd's answer
No problems, but you need to get on it. You'll need to keep your PR status in shape as you are looking ahead to citizenship. BTW, once you file the I-90 to renew your PR, you will receive an I-797 receipt notice. You can typically use the I-797 as proof, to renew state benefits like driver's license.

Q: Question about re entry to US!?

2 Answers | Asked in Immigration Law on
Answered on Jan 19, 2019
Allen C. Ladd's answer
Based on my experience, no.

Do you have the "advance parole" travel permits?

Q: Will Death of a petitioner cancel the application in family based immigration ?

1 Answer | Asked in Immigration Law for California on
Answered on Jan 16, 2019
Allen C. Ladd's answer
This is a gray area. Send the death certificate with request for humanitarian review. Do this through an immigration lawyer. In any event, the Form I-864 Affidavit of Support by the petitioner (US citizen mother) will likely need to be replaced with the I-864 of another USC/lawful permanent resident (LPR).

BTW, this looks like an "F3" family-based 3rd preference case, USC parent filing for [married adult child + son/daughter-in-law and grandchildren] family unit. There is no "F7"...

Q: Green Card / residency requirements

3 Answers | Asked in Immigration Law for California on
Answered on Jan 15, 2019
Allen C. Ladd's answer
I agree with attorney Kelli Allen. You might also consider getting a P.O. box address in your state of residency, California, and use it as your mailing address.

Q: FilingN400 at 4 years and9 months under5 years permanent residency. Can first 3 months residential address be of abroad?

2 Answers | Asked in Immigration Law for Maryland on
Answered on Jan 15, 2019
Allen C. Ladd's answer
Yes. You will be giving travel information on the N-400. This will include the first 3 months of your 4.75-year period. Be sure, now, to stay in the USA and in the same city, state where you are now, for at least the next 90 days.

Q: How much would my house hold of 3 need to make annually to get our child's Godmother sponsored as a live in nanny?

1 Answer | Asked in Employment Law, Family Law, Immigration Law and Tax Law for Florida on
Answered on Jan 13, 2019
Allen C. Ladd's answer
Sorry, I don't see how you can accomplish what you want to do, under the US immigration laws.

Q: About passport and overstaying

1 Answer | Asked in Immigration Law and International Law on
Answered on Jan 13, 2019
Allen C. Ladd's answer
So you need a new German passport, right? You will need to contact the German embassy (Botschaft) in Manila. Here is their Facebook page: https://www.facebook.com/germanembassymanila

I don't know about overstaying in the Philippines, but I doubt it will be an issue for the country you wish to travel to. (I'm guessing it is Germany but it shouldn't matter. Philippines immigration issues don't follow you to another country.)

Viele Glueck!

Q: When is the last day for him to leave USA?

4 Answers | Asked in Immigration Law for Illinois on
Answered on Jan 13, 2019
Allen C. Ladd's answer
Go with 30 days. I don't recall which one it is, but why push the matter?

Q: How can i marry my current girlfriend who is on a e-3 visa so she can stay or i can go to her with her to her countr

2 Answers | Asked in Immigration Law and Family Law for Arizona on
Answered on Jan 14, 2019
Allen C. Ladd's answer
Those are your two options. If you marry here, she can stay and you both will file applications with US immigration. She will have to remain in the USA for 4-6 months, until she receives permission to travel. After about another 2 to 6 months, you will have an interview at the local USCIS office (Phoenix, perhaps), and if all goes well she will receive a 2-yr green card. Good luck!

Q: I have speeding tickets happened longtime ago. But my DMV driving record shows no violation. Where can i get them?

3 Answers | Asked in Traffic Tickets and Immigration Law for Louisiana on
Answered on Jan 10, 2019
Allen C. Ladd's answer
I suggest you keep googling for TX and LA DMV record info. You may need to have official DMV records on the speeding violations, for your natz interview. Go ahead and complete the form -- and note that YES, you were CITED and you were CHARGED and your were CONVICTED of a CRIME ... even though speedking tickets are low-level criminal offenses. Also if you even spent an hour in jail (not likely but possible) you must answer the question below those questions, YES you were in jail for __1__ day...

Q: I have a friend who is here illegally and got caught with marijuana now he is on Ice Hold is there any thing we can do?

1 Answer | Asked in Immigration Law for Texas on
Answered on Jan 10, 2019
Allen C. Ladd's answer
Find him a good immigration lawyer, someone who handles criminal-immigration cases or deportation/removal cases. Good luck.

Q: Who is the petitioner in my child DS-260? The options are: Self, employer, prospective employer, or other.

1 Answer | Asked in Immigration Law on
Answered on Jan 8, 2019
Allen C. Ladd's answer
Answer: Prospective employer, you (self-employer). They are referring to the I-140. "Petitioner" is a USCIS term.

"Other" would be understandable but the EB-2 is based on your intention to WORK in the United States; to be self-employed. So YOU are the "prospective employer."

Q: Should I apply for naturalization if my mom is applying already when i am under 18 on the application date.

2 Answers | Asked in Immigration Law for New Mexico on
Answered on Jan 8, 2019
Allen C. Ladd's answer
You won't be eligible to acquire citizenship when your mother becomes a naturalized citizen, because you will be 18 already. You must apply on your own.

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