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Questions Answered by Allen C. Ladd
1 Answer | Asked in Immigration Law for Kentucky on
Q: My father was denied visa 30 years ago. I forgot to mention it in ds-260. Is it going to create problem?
Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

Just correct it. Contact the National Visa Center and tell them you forgot, and ask for their advice, and then document that you got that advice.

1 Answer | Asked in Immigration Law for Illinois on
Q: Green Card holder (through EB2) apply citizenship question

Would that be an issue if a Green Card holder (through EB2) has self-employed or unemployed history during the couple years before he/she applying the US citizenship?

Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

I don't see it as an issue. The green card required you to go to work for the sponsor/employer, but it did not require you to stay indefinitely. Since it takes about 5 years as an LPR to become eligible for naturalization, and you say you've worked the past "couple years"... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Immigration Law and International Law for California on
Q: I've been refused a J1visa twice due to a DUI for ommitting the arrest on the application, how can I be able to use esta

Currently a masters student in France, I was supposed to go on an exchange program with a J1visa in 2019. I have previously travelled to the US several times. The last time, in 2016, I unfortunately got a DUI. I have since gotten a lawyer and took care of it. This year, 2018, i did not mention my... View More

Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

You will not be able to travel to the USA with a DUI arrest (even without conviction) within the past 5 years, because you are a public danger. You will need to get clearance from a "panel physician" who is on contract with the US consulate in France. Go to the consulate's website,... View More

1 Answer | Asked in Immigration Law for Texas on
Q: I wanted to get access to the records of my father’s case in 2007. How do I go about trying to get that information?

The case was for Narayan Swamie Mohabir. I’m trying to bring him back to America but I have no idea where to start. Can someone help me?

Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

There is a basis, a law called the Freedom of Information Act (FOIA), for asking for one's own immigration records.

Your father, or a lawyer representing your father, will make a request to the appropriate Dept. of Homeland Security agency -- or to the EOIR Immigration Court system, if...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: Does my US citizen wife's recent unemployment impact ROC process from my Conditional GC?

My US citizen wife works as a consultant and became unemployed last year and stayed unemployed to care for our newborn. Wondering if collecting unemployment benefits for my US citizen wife - will impact the Removal of Conditions from my Conditional GC? We have been married 3+ years, and my wife was... View More

Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

It's not an issue for your I-751 -- the health of the marriage is the issue. You're in good shape as I see it. Enjoy your family, and best wishes to your wife on her job search.

1 Answer | Asked in Immigration Law for Arizona on
Q: If I declare bankruptcy, chapter 7 while on H1b visa, will it affect my immigration intent (outcome) if I pursue GC?

I am currently with a lot of debt (bad decisions) and can not pay minimum amounts and already 1 lawsuit. Afraid of current immigration scrutiny could jeopardize my future intent to become resident.

Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

I'm sorry this must be a strain for you. Contact a bankruptcy attorney and a credit counseling service, to figure out a plan to minimize your debt and to get protection against collection efforts. This will give you tremendous peace of mind, and your lawyer will help you get thru the... View More

1 Answer | Asked in Immigration Law for Florida on
Q: My R1 visa is still in processing and I have to leave to my country. Do my R2 dependents need to leave as well with me?

URGENT HELP PLEASE!

I applied for R1 visa on June 2018. At the same time I applied for a R2 visa for my husband and my daughter. It is December 2018, and the visa is still in processing (they say it is a 6 months processing?).

I have an emergency and I need to be back in my home... View More

Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

Answers:

You can leave, but the employer/petitioner must contact USCIS and request "consular notification" of the approval, versus "change of status."

You will have to wait out the approval, before you may apply for the R-1 visa to return. Doubtful you will be...
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1 Answer | Asked in Immigration Law for California on
Q: How do I change from Adjustment of Status to Consular Processing?

I filed 130 for my parents and that has been approved.

My parents filed 485 and that is waiting for an interview since Oct 1st.

For various personal reasons (including a wait time in San Francisco between 10.5 and 30.5 months, they would like to move this to Consular Processing in... View More

Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

Answers:

(1) It can be done from India, but be aware that leaving the USA will TERMINATE the I-485.

(2) The petitioner.

(3) It's a new process, with a different agency. Start over.

Do you know how long it is taking for processing thru Mumbai? Might still be...
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2 Answers | Asked in Immigration Law for Florida on
Q: I’m an illegal immigrant who recently married a US citizen. We have applied for a green card. I want to know my rights.

G

Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

Whew, that's too broad to answer in this forum. You MUST make an appointment with an immigration lawyer and discuss this with him or her, to be sure you have covered all relevant legal issues. Go to www.aila.org to find a lawyer in your area, or call the Florida bar on its toll-free number... View More

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2 Answers | Asked in Immigration Law for Michigan on
Q: The question in N-400 application is: Have you ever claime?

A year ago, while I was filling an online medicaid application for my US citizen wife and my son , and me. I mistakenly marked yes that I am us citizen. However after I submitted the application I noticed that mistake and next day I call the department of health and humans services to correct this... View More

Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

Answer "Yes" and explain on the attachment. Probably a good idea to prepare an affidavit as well, and see if you can get back-up from the state HHS agency. Hire a lawyer to help with this, it will make it less stressful and give you more control. Contact the state bar in your state for... View More

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2 Answers | Asked in Health Care Law, Immigration Law and Medical Malpractice for Texas on
Q: Need 2 apply 4 Medicaid the form says that getting Medicaid long term svs could affect my Immigration status-Need Help!

Got here when I was 4 & my folks got my Perm Residency (Green card?) many years ago. I would’ve already become a citizen like my mom & sis but I became disabled (another issue I need help w/since it seems that at least 1of my early docs messed up & is in jail 4 killing & harming... View More

Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

OK, if your parents became US citizens -- or either one of them did -- before you turned 18, you acquired US citizenship automatically. You need to file Form N-600 to get a Certificate of Citizenship. Check the instructions for the fee-waiver document, Form I-912, to see if you can get the filing... View More

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1 Answer | Asked in Immigration Law, Communications Law and International Law for California on
Q: What laws apply in terms of the recording of phone calls placed between the United States and Canada?

I'm currently in Canada (Québec) on a long-term visitor's permit; I've been here for 6 months and I'll be here for at least another 3. I do not hold a work or study visa, and I have no resident status, but I do hold a lease. I'm a US citizen and my prior and long-time... View More

Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

This is not a US immigration law question, either.

1 Answer | Asked in Immigration Law on
Q: Can PNP nominee in Nova Scotia move to another province.

Hi, I am pnp nominee in Nova Scotia landed in Sep 2018. I did not find job in my field here. I got one offer from Toronto. Please let me know if I can move.

Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

This isn't a US immigration question. Sorry, this is a forum on US law. Contact a Canadian immigration lawyer, or search for a Canadian immigration law forum.

1 Answer | Asked in Immigration Law for California on
Q: My parents received an Parole document (512L) with an error. Can they travel to home country with this document

I applied I-130 for my parents and that has been approved.

I applied for I-131 and I-485 (but did not apply for I-765). The 485 is pending but I-131 was approved.

The Advanced Parole was approved in November and the document I-512L contains the following:

"PAROLE:... View More

Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

First, did your parents wait until approval of the I-512L before traveling? If they did not, then they may have automatically terminated their I-485 applications.

Assuming they did wait, have they left already? If not, then call USCIS on its 800 customer service number and explain the...
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1 Answer | Asked in Employment Law and Immigration Law for California on
Q: I'm currently on post completion OPT (AS degree) but it expires in February. I have a job offer.What are my options?

I have an employer who is willing to sponsor my visa but I am not sure if I am eligible for any type of status or visa change since I have AS degree and not Bachelors . What are my options at this point to prolong my stay? Thank you

Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

I think your best option is to consult with an immigration lawyer. Your visa options are pretty limited, and too bad the OPT EAD is about to expire!

Some rather random options:

* Permanent residence: The employer may be willing to go through the permanent residence process ......
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1 Answer | Asked in Immigration Law for Texas on
Q: Filing I-130 for parents (Canadian citizens). Debating if going to visa consulate in BC or I-485 here would be better?

I am interested in knowing how the processing time works at visa consulates out of the country vs the I-485 processing time here. What are the advantages/disadvantages of each approach? My parents are educated and interested in continuing to work in the US.

Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

Do this through visa processing. Your parents cannot really come here as visitors and then file I-485, as it could be viewed as a fraudulent entry with "immigrant intent" -- which is contrary to the appropriate visitor intent. Please take it slowly and do visa processing. So, Form... View More

1 Answer | Asked in Divorce, Family Law and Immigration Law for South Carolina on
Q: If I divorce my wife and she then leaves the country to live in Kenya, how can I get my divorce finalized?

Hi, I am divorcing my wife after being married 30 days. She is from Kenya and entered the US on a K-1 visa. If she leaves the US, she will not be able to re-enter. My question is, which type of divorce (fault or non-fault) would be best in this scenario, where she will not be able to appear at a... View More

Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

It's a question for a family lawyer. I believe a family lawyer can advise you how you can resolve this issue. PLEASE don't try to handle this by yourself , or your fears may be justified.

1 Answer | Asked in Immigration Law for South Carolina on
Q: on the I-134. Do I put my 11 year son as my dependent? He lives with his mom and he's her taxes as a dependent. ?

I do take care of my son also but his mom and I was never married and there are no court documents on child support agreements.

Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

If you provide support to him, and it looks like you do, then you should list him on the I-134.

1 Answer | Asked in Immigration Law for North Carolina on
Q: My uncle got arrested for DWL at a checkpoint in SC Now on one of the charges it says Hold for ICE he has NoKids or wife

He has been longer than 10 years and owns his house and no criminal record. And this happend in York SC

Allen C. Ladd
Allen C. Ladd
answered on Jan 3, 2019

York County (Rock Hill area, including York) in South Carolina has an arrangement ("287(g) Memo of Understanding") to cooperate with ICE in traffic stops. This is the result. Unfortunate.

I recommend you find an immigration lawyer in Rock Hill -- or in Charlotte -- to help you...
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