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Questions Answered by Allen C. Ladd
1 Answer | Asked in Immigration Law for North Carolina on
Q: Hi, the NVC is currently processing my son's case (F3) and we noticed a DOB discrepancy between his BC and passport

He lives in Ethiopia. The Ethiopian calendar is different from the American calendar, in that the Ethiopian calendar has 13 months and is currently in the year 2012. Any legal document containing a date has an Ethiopian date as well as an American date. His birth certificate was issued in 1983 and... Read more »

Allen C. Ladd
Allen C. Ladd answered on May 14, 2020

Thanks for your question. I would bring it to the attention of the NVC.

Allen Ladd

2 Answers | Asked in Immigration Law for South Carolina on
Q: Application of naturalization, form N-400. What if I don't have the information?

I'm applying for naturalization and have filled out form N-400 except for a few questions. My spouse was married 20 years ago and the form is asking for the birth date of the ex-spouse and a few other questions that are difficult or impossible to answer. We have no way of finding this person.... Read more »

Allen C. Ladd
Allen C. Ladd answered on May 9, 2020

It's best to answer "unknown" ... and to avoid leaving items blank, if they require an answer.

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1 Answer | Asked in Immigration Law for South Carolina on
Q: Can I get a fiancee visa even if I am already here in US?

I am a J1 here in US and got denied with my extension, already overstayed. I am currently living with my boyfriend and we are still not ready to get married. Is it possible if I can get a fiancee visa instead while here in US?

Allen C. Ladd
Allen C. Ladd answered on Apr 30, 2020

Sorry, no. Question about your J-1, are you subject to the 2-year home-country return requirement? (Also known as being subject to section 212(e) of the Immigration and Nationality Act.) Be sure to check that.

When and if the two of you decide to marry, you will be able to go forward --...
Read more »

2 Answers | Asked in Immigration Law for North Carolina on
Q: can a citizen of Iran apply for Green Card while Travel Ban is in effect?

My wife is a recently naturalized US Citizen and would like to sponsor her elderly disabled mother (70Yrs Old - Stroke victim) for a Green Card. My question is, even though Iranian citizens are banned from entering the country, is it still possible to apply for an I-130 in anticipation of a new... Read more »

Allen C. Ladd
Allen C. Ladd answered on Apr 23, 2020

There are humanitarian exceptions to the travel ban. Now would be as good a time as any to begin the process.

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2 Answers | Asked in Immigration Law for South Carolina on
Q: Is Unemployment Insurance Benefit Due to laid off Covid 19 a public charge? I am in J1 visa applying for a citizenship

I'm in J1 visa and my 30 days grace period will be done in April 25.Got married to a US citizen and filed I130 and I485 concurrently, got rejected twice. Improper filling and I wasn't able to attach i994. On March 15 I got laid off in Marriott where I am having my internship (Which my... Read more »

Allen C. Ladd
Allen C. Ladd answered on Apr 19, 2020

Don't freak out. It will work out. No, not a disqualifying event. But lack of employment -- and believe me, I'm sympathetic! -- will put more weight on your wife (and maybe a co-sponsor) for financial support.

Here is how the Government replied to a question about receiving...
Read more »

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1 Answer | Asked in Immigration Law for Georgia on
Q: Is it possible to switch from TN-visa to H1-B with the employer filing for an I-140 and porting past Priority Date?

I had an approved I-140 from a past US employer. Now when my PD is close to becoming current, I want to explore the possibility of switching to H1-B and porting the PD

Allen C. Ladd
Allen C. Ladd answered on Jan 28, 2020

The I-140 must have ben approved at least 180 days ago in order to port the priority date. The new employer must go through the entire EB process of course before you can adjust, even though the PD may be current.

1 Answer | Asked in Immigration Law for North Carolina on
Q: My mom's green card expires this year. what are the steps we should take to renew it and keep her legal in the US?

Her country of origin is Ukraine. She has been in the US for 20+ years. She was married and divorced in the US. She had two kids in the US in that same marriage. Her divorced husband (my father) was a US citizen and passed away in 2008. she received child support from him till 2008 and after... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

She will file USCIS Form I-90. Go to www.uscis.gov/forms for the form and read the instructions carefully. There is a filing fee and a possible exemption from the fee. Good luck. S'bogim!

1 Answer | Asked in Immigration Law for Oklahoma on
Q: I want to bring my parents and underage brother to the USA and need to know if they can come at the same time.

I am a USA citizen, 32 years old. My income is good and I am capable financially to sponsor my family to come to the USA. I have 3 family members in Russia: my dad, 73 y.o., mom 53 y.o. and my little brother who is 14 y.o.

Am I amble to sponsor all of them for a family based immigration... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

Here's a potential plan to discuss with the immigration lawyer you will need to see about this:

(1) File a permanent residence case for one of your parents. (BTW, parents of a US citizen are your "immediate relatives," not first preference. There is no waiting line or...
Read more »

1 Answer | Asked in Immigration Law on
Q: Can an adult born and raised in Honduras obtain citizenship through his US citizen father?

He currently lives in Honduras. He was recognized by his father when he was born. The father has lived all his life in US territory. Does he clasified for derivative citizenship?

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

Maybe . Several factors to check out. See an experienced immigration lawyer.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I was granted asylum five months ago, can I apply for my wife to get asylum although we've been separated for 2 years?

we had J1/J2 visas, we both currently live in the US, she applied for asylum and got denied

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

Wasn't she included on your asylum application?

If not, there's nothing you can do that I know of, to help her, until you become a permanent resident.

1 Answer | Asked in Immigration Law on
Q: My husband is H1B visa holder. Inorder to file a divorce he is asking me to cancel my H4 visa.How to cancel my H4 visa?
Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

When you are divorced, by court order, you will automatically lose your H-4 visa STATUS. Your right to remain in the United States, as an H-4 spouse, will come to an end after a 30-day grace period. Hope that helps.

1 Answer | Asked in Immigration Law for Maine on
Q: My partner has no proof that he is in the US legally. He came from Canada when he was a teenager to go to private school

My partner has no proof that he is in the US legally. He came from Canada when he was a teenager to go to private school. He has a social security card but a Canadian birth certificate and no other information. He was born in Canada and adopted as a baby, his mother is a US Citizen and his father... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

Assuming you are a US citizen, you can marry him and apply for permanent residence. Your partner either came as a foreign student (F-1 visa status) or as a visitor. The school probably has records that will help establish how he came into the USA. The point is to show he made a LEGAL entry,... Read more »

1 Answer | Asked in Immigration Law for Michigan on
Q: My F2 visa expired last August but still have my I20 valid. Can I fly to US Virgin Islands and return to Michigan?
Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

Maybe, as you will stay within US territory. But why risk it?

1 Answer | Asked in Immigration Law for New York on
Q: How to answer?«Have you EVER given any U.S. Gvt officials any information or documentation that was false, .. »? on N400

I am applying for citizenship - during the green card process in 2013 I forgot to disclose a citation for littering (dating back from 2006) on the initial application form. I filed an amendment with a lawyer after realizing the overlook and provided proof that i paid the $75 fine in court and a... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

I would suggest you explain, on your N-400 application, that you didn't disclose that info on your I-485, and that you did file an amendment. Just be sure to DISCLOSE all the facts and you should be fine. Don't assume it wasn't important enough since it probably had nothing to do... Read more »

2 Answers | Asked in Immigration Law for California on
Q: Question on employer change with H-1B with I140 & PERM approval from a past employer

Hi,

I have my PERM approved from employer X on 4/8/2015 and from the same employer X I got my I-140 approval on 10/30/2015. I change from employer X to employer Y on 04/18/2020 with H-1B transfer. Employer Y has started my PERM process mid last year which is not yet filed yet. My question... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

The PERM/I-140 from X will be irrelevant. What counts is that you have Z file a new H-1B ... while you are in H-1B status ... to request a change of employment.

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1 Answer | Asked in Immigration Law for Texas on
Q: I was issued 221(g) during my visa stamping in 2018. How should I answer "Have you been denied a US visa?" in my DS-160?

I was issued 221(g) in India in 2018 and granted the visa two months later without being asked any additional information. The form I received was in white color. I am still employed with the same company as the one during my that visa stamping. I will be going to get my visa stamped again and... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

Yes, you have been refused. Section 221(g) is a refusal. The visa officer or staff will see from their records that the visa was later granted.

Important: Just be sure to answer the question honestly. Don't try to hide it -- no reason to, it won't stop you from getting a...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: Can I take an online program (non-credit) while I'm on my OPT?

I'm currently on my OPT (F-1) and want to take the online Credential of Readiness (CORe) program at Harvard Business School Online in order to prepare for my MBA. The program is online, 10-17 weeks and NOT for credit.

Can I go ahead with applying for the program or do I have any... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

I don't honestly know but Harvard Business School Online should. Or your F-1 university's advisor. They have the resources to find an answer quickly.

1 Answer | Asked in Immigration Law for Kentucky on
Q: Can a K1 Visa holder be around firearms, use firearms at the range, and transport?

I am currently getting ready to file for a K1 visa for my fiance. I have not found anything online that tells me a definite answer on this. I have a CCDW and own multiple guns. I am located in Kentucky.

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

Check with your state for exact requirements on these activities. Go back to the CCDW people, they may know. I expect that AT LEAST permanent residence is required. Your fiancée should have PR about 6 months after wedding and filing application for PR and interview at USCIS. So that may help... Read more »

1 Answer | Asked in Immigration Law on
Q: Is investing allowed on F2 visa?

I know that working is not allowed on F2 visa. But if one uses his/her own savings to buy and sell stocks (for himself/herself) actively in the stock market using mobile apps like Robinhood, and profits/gains money in that process, would that be legal?

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

No. If you are actively trading you are not engaged in passive investment activity ... which would be allowed.

1 Answer | Asked in Gov & Administrative Law and Immigration Law for Missouri on
Q: I want the title of ownership transferred to me but i don't have a driver license or a permanent resident status

Hi?! I have applied for asylum or withholding of removal like a week ago. there is an already registered car that my uncle want to give me.

will i be able to put my names on the car even though I don't have a licence? i should be getting the application receipt(for asylum) in like 2... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

Check with your state's DMV. Ask if they need a Social Security Number, and any other requirements. If you go in person to the DMV, wait until you have your I-589 asylum application receipt notice. (Scan the original and email it to yourself so you have it in the cloud, make a copy and... Read more »

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