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Questions Answered by Allen C. Ladd

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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2 Answers | Asked in Immigration Law for Texas on

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

My mother's "family name" is different in my Birth Certificate and my brother's Birth Certificate. My mother uses both names interchangeably. What documents do i need to submit with the I-130 to prove that we have common mother? Father's name on both Birth Certificates is same.

Allen C. Ladd answered on Jan 8, 2019

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.... Read more »

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1 Answer | Asked in Immigration Law for Massachusetts on

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

I am currently married to an american citizen, but we will file for divorce soon. Can I still apply for citizenship after divorce?

Allen C. Ladd answered on Jan 7, 2019

Yes. Your permanent residence was, for several years, tied to your marriage. You are long past that period. Good luck.

1 Answer | Asked in Immigration Law for Pennsylvania on

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

My father petition to me when he was a resident and I was still legally married . Then around 2008 I got a divorce and than went to my consulate interview a year later. they denied me for being married , and considerate it fraud to divorce my ex so soon to my interview. Also I did Provide proof... Read more »

Allen C. Ladd answered on Jan 7, 2019

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.

1 Answer | Asked in Immigration Law on

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

I am 22 years old , i'm from Algeria ,and i'm a third year english student at university ,i want to participate in the canadian immigration programme "ARRIMA" inorder to finish my studies there and get a permanent job (live there) ,what i was wondering about is that if i get accepted what are my... Read more »

Allen C. Ladd answered on Jan 7, 2019

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...
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2 Answers | Asked in Immigration Law on

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

This is for ILR . Set M application

Allen C. Ladd answered on Jan 7, 2019

This appears to be a Canadian immigration law question, am I correct? This is a forum for US immigration matters.

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3 Answers | Asked in Immigration Law for New York on

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

She is already american citizen and a green card holder

Allen C. Ladd answered on Jan 6, 2019

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... Read more »

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1 Answer | Asked in Immigration Law for Washington on

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

Allen C. Ladd answered on Jan 5, 2019

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.

1 Answer | Asked in Immigration Law for Washington on

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

The immigration attorneys at my company are currently waiting for my job posting phase to close out (already got labor cert), so my I-485 has not yet been filed. If I leave my employer before the I-485 is filed and find another employer-sponsor, would there be repercussions to my green card... Read more »

Allen C. Ladd answered on Jan 5, 2019

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

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

Allen C. Ladd answered on Jan 5, 2019

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.

3 Answers | Asked in Family Law, Immigration Law and Child Support for Georgia on

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

My fiance doesn't make much and he's a roofer so when it's raining he cannot work his ex wife keeps asking for money and he hasn't been working and we recently found that she changed the papers he filled out for her to return to court . The hassrasment and threats have to stop

Allen C. Ladd answered on Jan 5, 2019

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... Read more »

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1 Answer | Asked in Immigration Law and Antitrust for Georgia on

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

After visiting her at the prison and speaking to the probation officer and got know she had violation in her probation even before we got married. The immigration has sent me a notice of another interview but I have not gotten date yet. My question is with my wife hidden all this from for a year... Read more »

Allen C. Ladd answered on Jan 5, 2019

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

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

Recently I got married and i used my maiden name because my Passport ID card has my maiden name in it, although she asked me if i changed my name i said no but I thot she asked if i want to change my name but my husband told me that she asked if i changed my name but It has already been documented... Read more »

Allen C. Ladd answered on Jan 5, 2019

Sorry, your question is not clear. Please re-phrase your question. Thanks.

1 Answer | Asked in Immigration Law for Virginia on

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

US government and may be transferred to Europe. Will this affect her immigration?

Allen C. Ladd answered on Jan 5, 2019

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...
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1 Answer | Asked in Immigration Law for New Jersey on

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

I submitted my I-751 application for ROC from my Green Card application last March. My 2 year GC expired May 2018 and have been granted 18 months extension - Dec 2019. I heard I could begin my naturalization process/apply for citizenship 3 years after my GC was issued, that would be in May 2019. Is... Read more »

Allen C. Ladd answered on Jan 5, 2019

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.

2 Answers | Asked in Traffic Tickets, Employment Law, Immigration Law and Car Accidents for Florida on

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

Dear Lawyer, good morning.

I have a question that might seem a silly one.

Last summer in Miami, while in standstill traffic, I got distracted for a second and hit the car in front of me ( speed was very low, bumbers got a little bit damaged, but nobody got injured ).I called the... Read more »

Allen C. Ladd answered on Jan 5, 2019

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!

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1 Answer | Asked in Immigration Law for Pennsylvania on

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

Allen C. Ladd answered on Jan 5, 2019

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.

1 Answer | Asked in Immigration Law for Massachusetts on

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

Allen C. Ladd answered on Jan 5, 2019

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.... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on

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.

Also around 5 months ago passed fingerprints as well.

After that didn’t accept any notice from USCIS, job authorization card or interview paper.

Is it normal? If no, what I have to do?

Allen C. Ladd answered on Jan 5, 2019

It's normal these days. You should get work card about 6 months after fingerprint date.

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