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Questions Answered by Allen C. Ladd

1 Answer | Asked in Immigration Law for California on

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

Allen C. Ladd answered on Jan 27, 2019

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.

1 Answer | Asked in Immigration Law for South Carolina on

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

The baby's father is Puerto Rican and has abandoned them. He refuses to help obtain a passport for the child, so the mother and child can return to Mexico together.

Allen C. Ladd answered on Jan 27, 2019

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...
Read more »

1 Answer | Asked in Immigration Law for Vermont on

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

I have H4 visa. Got selected in H1B and got i797a approval. But my change of status (cos) is not done yet. Can i re-enter on my valid H4 visa ?

Allen C. Ladd answered on Jan 27, 2019

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...
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1 Answer | Asked in Immigration Law for Texas on

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

I submitted i-539 with excess fees (mistake) with in F1 60 day grace period; after 15 days, i recieved a rejection noticd, due to fee issue; i resubmitted with correct fee with in 2days and stayed for 2months and departed USA. after 5 months of departure, i got denial with out prejudice for further... Read more »

Allen C. Ladd answered on Jan 27, 2019

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... Read more »

2 Answers | Asked in Immigration Law and Tax Law for Maryland on

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

Allen C. Ladd answered on Jan 27, 2019

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.

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3 Answers | Asked in Immigration Law for Florida on

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

legally, with me an American citizen. Shes ready to fly here and get married. Is this ok with Uscis?

Following the immediate marriage, I will apply to Uscis for their legal residency

Allen C. Ladd answered on Jan 27, 2019

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...
Read more »

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2 Answers | Asked in Immigration Law on

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

My girlfriend is a American citizen born and bred USA I’m from England.

Allen C. Ladd answered on Jan 27, 2019

Yes, wherever you are, see an immigration lawyer.

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2 Answers | Asked in Immigration Law for Texas on

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

I have applied for citizenship last year and the have done the biometrics back in August. Interview is estimated for Aug. 2020.

Allen C. Ladd answered on Jan 27, 2019

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... Read more »

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2 Answers | Asked in Immigration Law on

Q: Question about re entry to US!?

Hi, me and my wife are asylum seekers. We left US couz of emergency. Before that we filled travel document form and were about to wait as much as we need to but we had to leave becouse of illness one of my family members. Is there any way i can get back to us?

Allen C. Ladd answered on Jan 19, 2019

Based on my experience, no.

Do you have the "advance parole" travel permits?

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1 Answer | Asked in Immigration Law for California on

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

My freind's mother in law applied for immigration back in 2004 for her son , wife and the two kids. They have been interviewed as of June 2016 but due to new requlations, the case has been pending in administrative processing stage since then. The mother in law passed away recently , what will... Read more »

Allen C. Ladd answered on Jan 16, 2019

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... Read more »

3 Answers | Asked in Immigration Law for California on

Q: Green Card / residency requirements

My Green Card (first 10 years) is due for a renewal in a few months. Am I allowed to keep residency/drivers license in CA, but change my mailing address to another state (c/o relatives)? Do I have to "register" in that state for immigration purposes, change my DMV and SS address? Thank you!

Allen C. Ladd answered on Jan 15, 2019

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.

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2 Answers | Asked in Immigration Law for Maryland on

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

Filing N400 at 4 years and 9 months under 5 years permanent residency. Can first 3 months residential address be of abroad?

Should I mention it?

Allen C. Ladd answered on Jan 15, 2019

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.

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1 Answer | Asked in Employment Law, Family Law, Immigration Law and Tax Law for Florida on

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?

I am born US Citizen who sponsored my husband from Serbia as a permanent green card holder, he is applicable for citizenship but hasn't taken the test, we currently live in FL.

We want to know the requirements that need to be met in order to sponsor our child's Godmother who resides in... Read more »

Allen C. Ladd answered on Jan 13, 2019

Sorry, I don't see how you can accomplish what you want to do, under the US immigration laws.

1 Answer | Asked in Immigration Law and International Law on

Q: About passport and overstaying

Hello maam/sir,

I got a really hard problem, because im just 19 and my mom wont help me with this..

I leave in the philippines and am ahalf german.

My mom lost our passports years ago and did not renew our visa here in the philippines we came here year 2012 and now i wanted... Read more »

Allen C. Ladd answered on Jan 13, 2019

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...
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4 Answers | Asked in Immigration Law for Illinois on

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

my brother on F1 student visa. the intended program was for 2 years. After one semester, he decided to not completing his program. my question, when should he travel abroad? some people told me 30 days others 60 days after the last day of his class? I got so confused?

kindly let me know... Read more »

Allen C. Ladd answered on Jan 13, 2019

Go with 30 days. I don't recall which one it is, but why push the matter?

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2 Answers | Asked in Immigration Law and Family Law for Arizona on

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

my girlfriend who is on a e-3 visa, is currently in the process of leaving of leaving the country in 60days, i dont want her to leave, so i want to marry her, can she stay or can i marry her so i can leave with her to her country in australia

Allen C. Ladd answered on Jan 14, 2019

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... Read more »

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3 Answers | Asked in Traffic Tickets and Immigration Law for Louisiana on

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

I am about to fill in N400 to apply for citizenship. There is a question (question 23) to ask if i have ever been cited by law enforcement by any reason. I have nothing except some speeding tickets. Research on internet shows me that I need to answer "YES" and disclose all my traffic+parking... Read more »

Allen C. Ladd answered on Jan 10, 2019

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... Read more »

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1 Answer | Asked in Immigration Law for Texas on

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?

I just need information to see if there is any way to help him..

Allen C. Ladd answered on Jan 10, 2019

Find him a good immigration lawyer, someone who handles criminal-immigration cases or deportation/removal cases. Good luck.

1 Answer | Asked in Immigration Law on

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

I am a self-petitioner in approved EB2 NIW case. I am filling DS-260 form for myself and my child. What is the petitioner for my child? The available optiones are: self, employer, prospective employer, or other.

Thank you

Allen C. Ladd answered on Jan 8, 2019

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."

2 Answers | Asked in Immigration Law for New Mexico on

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

I and my mom are having green card and she would be applying for naturalization in April 2019 and I would be turning 18 in May 2019. Do I have to apply for a separate N-400 form in June i.e. right after I turn 18 or is there a different process in my case to become naturalized or am i eligible for... Read more »

Allen C. Ladd answered on Jan 8, 2019

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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