Questions Answered by Allen C. Ladd

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.

Q: Looking for a lawyers help in a child support case ongoing in greene country GA

3 Answers | Asked in Family Law, Immigration Law and Child Support for Georgia on
Answered on Jan 5, 2019
Allen C. Ladd's answer
I don't know if this is an immigration case in any respect but as I am a Georgia-licensed attorney I will advise you to call the State Bar of Georgia in Atlanta and ask for their Lawyer Referral Service, and then ask for help with a family lawyer in Greene County. Your best option may be in Augusta to the east or Atlanta to the west, but ask for a full list for the state if necessary and go over it. You may be lucky and get a lawyer right where you are, or the next county over. Keep an open...

Q: I went for an interview at USCIS with my wife and she got arrested during the interview.

1 Answer | Asked in Immigration Law and Antitrust for Georgia on
Answered on Jan 5, 2019
Allen C. Ladd's answer
Sir, I'm sorry this has been so difficult for you and your wife.

When will she be released from prison? Can you postpone the interview until then?

The best advice I can give you is to find a good immigration lawyer. A couple suggestions: State Bar of Georgia in Atlanta has a free lawyer referral service. Google them and find the tel # and call them and ask them for a list of immigration lawyers in your county. Next suggestion, go to the website for American Immigration...

Q: Can i use my maiden name to get married in court

1 Answer | Asked in Immigration Law for Texas on
Answered on Jan 5, 2019
Allen C. Ladd's answer
Sorry, your question is not clear. Please re-phrase your question. Thanks.

Q: My wife has had a green card for 2 years. She has submitted the paperwork for her 10-year green card. I work for the

1 Answer | Asked in Immigration Law for Virginia on
Answered on Jan 5, 2019
Allen C. Ladd's answer
Interesting. I've never come across this. Someone else may, and will answer directly.

But to answer: Yes, it will affect the processing. As a protective measure, I think you would want to file an I-131 and ask for a Re-Entry Permit, which will protect your wife for up to 2 years during processing. You should also either: (a) get an InfoPass appointment at your local field office (Alex/Arl/DC?) or (b) better yet, make an appointment for a consultation with an immigration lawyer....

Q: Can I apply for citizenship - 3 years after Conditional GC is issued or should I wait for ROC from GC?

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Jan 5, 2019
Allen C. Ladd's answer
You may actually apply for naturalization as early as February 2019, thanks to a "hidden" 90-day provision ... as long as you have been resident in the same city/county for 90 days leading up to your filing date. And stay there another 90 days, I believe that may be the rule.

Q: Can a traffic moving violation affect a H1B application?

2 Answers | Asked in Traffic Tickets, Employment Law, Immigration Law and Car Accidents for Florida on
Answered on Jan 5, 2019
Allen C. Ladd's answer
Thank you for your very thoughtful and courteous question! I don't see any problem at all with the H-1B process. It's when driving and alcohol mix that there are serious serious consequences. Piacere!

Q: My husband has his immigration 1st interview coming up and I have to be there. I have warrants though.

1 Answer | Asked in Immigration Law for Pennsylvania on
Answered on Jan 5, 2019
Allen C. Ladd's answer
You know what you need to do about those warrants, so it's best to do that or your husband's case can't fo forward. He needs you there.

Q: Hi my USA visa is expiring in 2 days Can you suggest me any neighboring country I can go so I can get stamped

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Jan 5, 2019
Allen C. Ladd's answer
Probably your own country would be best. Unless you have permission to travel to Canada, Mexico, or a Caribbean island. That would depend on your rights as a citizen of your own country, and what kind of visa (if any) that Canada, Mexico, etc. require. Go to the webpage of Canada, Mexico, etc. in your home country, to see what the requirements are.

Q: Hi.I came to US with turist visa then got married with US citizen.We have newborn baby. I Sent my papers 6month ago.

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Jan 5, 2019
Allen C. Ladd's answer
It's normal these days. You should get work card about 6 months after fingerprint date.

Q: Is it okay to enter the US with your temporary immigration visa is close of expiring? Like 2 weeks out?

1 Answer | Asked in Immigration Law for California on
Answered on Jan 4, 2019
Allen C. Ladd's answer
What do you mean, temporary immigration visa? Please clarify exactly what this visa is. Thanks!

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