Questions Answered by Allen C. Ladd

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.

Q: I want to apply for my brother's Green card. We have common parents.

2 Answers | Asked in Immigration Law for Texas on
Answered on Jan 8, 2019
Allen C. Ladd's answer
Sorry to disappoint you, but it is probably not worth the effort. The visa "preference" category for siblings of US citizens is backlogged. It will likely take a dozen or more years -- much longer if your brother is from Mexico. Another issue is that Congress might eliminate the category.

See an immigration lawyer to explore other options. Ask him or her about "EB-3" employment-based permanent residence, to get the conversation started. Not easy, but in the right circumstances it...

Q: I am a permanent resident(10years green card)getting a divorce soon.Can I apply for citizenship AFTER divorce?

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Jan 7, 2019
Allen C. Ladd's answer
Yes. Your permanent residence was, for several years, tied to your marriage. You are long past that period. Good luck.

Q: Can I appeal or do a motion if my visa was denied back in 2009.

1 Answer | Asked in Immigration Law for Pennsylvania on
Answered on Jan 7, 2019
Allen C. Ladd's answer
Your father may file a new petition. The first case was correctly denied because you were married while the petition was pending; permanent residents may only sponsor unmarried children.

Q: will i be able to bring my family with me to canada permanently if i get accepted in the platform ARRIMA of immigration?

1 Answer | Asked in Immigration Law on
Answered on Jan 7, 2019
Allen C. Ladd's answer
Thanks, but it's a Canadian immigration law question. This is a US immigration law forum. Kind regards and good luck.

Merci, malheureusement votre question s'agit de la loi canadienne. Ceci est un forum reservé pour la discussion des lois d'immigration des Etats-Unis. Bonne chance et bien à vous!

Q: For SET M application,Can I produce joint home insurance as one of the document for proof of cohabitation ?

2 Answers | Asked in Immigration Law on
Answered on Jan 7, 2019
Allen C. Ladd's answer
This appears to be a Canadian immigration law question, am I correct? This is a forum for US immigration matters.

Q: Can my sister petition our mother without paying for naturalization? She is already 23

3 Answers | Asked in Immigration Law for New York on
Answered on Jan 6, 2019
Allen C. Ladd's answer
To make sure I understand correctly, your sister is a US citizen and is 23 years old. Your sister may petition your mother for permanent residence, yes. Whether your mother applies for naturalization is up to your mother, and it is something that will only come up after your mother has been an LPR (lawful permanent resident) for about 5 years. I trust this answers your question but if not, please let me know.

Q: If I believe I was unlawfully detained by ICE (I'm a naturalized US citizen), can I sue them or are they immune?

1 Answer | Asked in Immigration Law for Washington on
Answered on Jan 5, 2019
Allen C. Ladd's answer
You will need a lawyer, if you can sue. Start out by asking a lawyer, in Washington State, in a consultation, even if you have to pay for it. I wish you well with this one.

Q: If I hire my own attorney, would I still be req'd to work for my employer-sponsor (for employment-based GC application)?

1 Answer | Asked in Immigration Law for Washington on
Answered on Jan 5, 2019
Allen C. Ladd's answer
Big repercussions. You cannot "port" a PR case until you have filed I-485 and it's been pending 180 days.

As far as your "responsibilities," they are bringing you to permanent residence, so either you are with them or you aren't. Having your own attorney will allow you to explore other options, whatever they may be, but it doesn't automatically find you a new way to the finish line of your pending PR case. Good luck!

Q: I got IR5 for my mother ,I am her sponsor, her old is 62 can she apply for SSI?

1 Answer | Asked in Immigration Law for Washington on
Answered on Jan 5, 2019
Allen C. Ladd's answer
I don't know. I think she must be a permanent resident for 5 years, but not sure. You need to ask a Social Security lawyer.

Note to Justia: Wrong field, should be Social Security. Thanks.

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