Questions Answered by Kelli Y Allen

Q: How can I get my parents and sister a tourist visa from Brazil?

2 Answers | Asked in Immigration Law for Massachusetts on
Answered on May 19, 2019
Kelli Y Allen's answer
There is nothing you can do directly to get them tourist visas. Usually tourist visas are denied for failure to show non-immigrant intent. This is not something you can overcome on their behalf. Rather, each of them will have to be able to prove sufficient ties to Brazil (ex. family, job, property, etc) to convince the officer that they will come to the U.S. only for a short visit and then return.

Q: Can I travel with Uscis Advance Parole travel document abroad?

1 Answer | Asked in Immigration Law for New York on
Answered on May 18, 2019
Kelli Y Allen's answer
Even with advance parole, there is no guarantee of admission. The safest course of action is to remain in the U.S.

Q: If I file an immigrant petition for my siblings, would they find it harder to get visit or work visas in the interim?

2 Answers | Asked in Immigration Law for Massachusetts on
Answered on May 18, 2019
Kelli Y Allen's answer
Just filing an I-130 petition so that they are in line waiting for a visa number should not impact non-immigrant visas in the interim.

Q: If my 4 kids are born in the United states can I apply for my residency because of my kids being born here.

2 Answers | Asked in Immigration Law for District of Columbia on
Answered on May 18, 2019
Kelli Y Allen's answer
No. In and of itself, simply having U.S. citizen children does not supply a basis for permanent residency. U.S. citizen children must be 21 years of age to file an immigration petition on behalf of a parent. Even then, that does not guarantee permanent residency, as other requirements must be met. Contact an immigration attorney for a full analysis of your situation and possible options.

Q: How will appearing on a rent deposit case as a witness affect my Green Card now and when applying for a US passport?

1 Answer | Asked in Immigration Law and Small Claims for California on
Answered on Apr 11, 2019
Kelli Y Allen's answer
Unless there is additional information, I'm not sure what the concern is. Whether someone is a witness in a criminal or civil proceeding is unrelated to an immigration petition.

Q: I'm US citizen. My spouse is in the US with valid I94. If we file I-130, is it safe to travel outside for 2 weeks?

2 Answers | Asked in Immigration Law for North Carolina on
Answered on Apr 11, 2019
Kelli Y Allen's answer
More information is needed to provide an answer. It depends on what type of visa your spouse used to enter the U.S. , whether it is still valid, and what the future intentions are regarding case processing. As a general answer, if by "safe" you mean guaranteed to be able to re-enter the U.S. in two weeks, that answer is no. No foreign national is ever guaranteed entry into the U.S.

Q: U.S. Citizen & I’ll be petitioning for my wife, do I need to fill out a separate form for each of her children 17&19yrs

1 Answer | Asked in Immigration Law for Virginia on
Answered on Mar 29, 2019
Kelli Y Allen's answer
Yes, separate petitions would be required. Check with an immigration attorney to verify eligibility, especially for the older child.

Q: Asylum merit hearing And married to US citizen .!

1 Answer | Asked in Immigration Law for Connecticut on
Answered on Mar 20, 2019
Kelli Y Allen's answer
Hire an immigration attorney to fully analyze your case and represent you in removal proceedings. The spousal visa process is more complicated when you have an immigration court case.

Q: I'm a green card holder since 2000 and I submitted my application for Naturalization. Need advise.

1 Answer | Asked in Criminal Law and Immigration Law for Arizona on
Answered on Mar 20, 2019
Kelli Y Allen's answer
You need to have an immigration attorney review a copy of the judgment to determine what risks you may incur in applying for naturalization. There is a fairly high chance that the conviction may make you removable.

Q: Hello, I've been out of the country for 6 months when April begins. I had a few questions concerning.

1 Answer | Asked in Immigration Law on
Answered on Mar 20, 2019
Kelli Y Allen's answer
Consult with an immigration attorney for a full analysis of your case. In general, if an LPR is out of the U.S. for more than 6 months but less than a year, that breaks continuous presence and delays eligibility for naturalization. You would have to wait 4 years and 1 day from the time you get back to the U.S. to apply. You also have to spend more days inside the U.S. than outside the U.S. in the 5 years preceding the application.

Q: OPT ended with 60 days given, how long does it take for k3 to get processed so she doesn’t become out of status?

2 Answers | Asked in Immigration Law for Colorado on
Answered on Mar 19, 2019
Kelli Y Allen's answer
A K3 is not what she needs. Consult with an immigration attorney for a full case analysis. If she is eligible for adjustment of status, once filed, she will be allowed to remain in the U.S.

Q: Dear sir/madam I wana ask if priority date is current and petition i130 is pending Wht is the option? Outside USA

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Mar 19, 2019
Kelli Y Allen's answer
If the priority date is current, it is time to apply for an immigrant visa; nothing will just happen automatically. An immigration attorney can assist you with this process.

Q: I received a combo card ( EAD and AP ) with a misspelled last letter of my last name on it.

1 Answer | Asked in Immigration Law for New York on
Answered on Mar 17, 2019
Kelli Y Allen's answer
You need to have the card correctly. Whether an employer will accept a copy depends on the particular employer. If you can, get the job while you have the original documents to show, then keep a copy and send the EAD back with the application to correct the name. Once you have the new card, use that to get a new SS card.

Q: my husband has a ICE hold.he illegally reentered in the U S after being deported.he is seeking Asylum can he get bond?

2 Answers | Asked in Immigration Law for Florida on
Answered on Mar 17, 2019
Kelli Y Allen's answer
You need to retain an immigration attorney for a full analysis of his case Since he already has a final order of removal, ICE can act very quickly to re-execute that order so you need to involve an attorney immediately to have any chance of keeping him in the U.S. to file for asylum. It is very unlikely that he would able to get an immigration bond. Also, based on the facts you presented, he likely has a permanent bar and would be unable to use the approved I-130.

Q: What should I put on the I29 form for the k1 visa on beneficiary physical address in the last 5 years?

1 Answer | Asked in Immigration Law on
Answered on Mar 17, 2019
Kelli Y Allen's answer
List all addresses whether inside or outside the U.S.

Q: I am US citizen, my son is a green card holder.my son has a 2 years old child who was born and resides abroad

2 Answers | Asked in Immigration Law for Washington on
Answered on Mar 16, 2019
Kelli Y Allen's answer
No, you cannot petition for a grandchild. Your son can petition for his child.

Q: Would it affect someone to live in Mexico more than 6 months if resident only?

2 Answers | Asked in Immigration Law for Texas on
Answered on Mar 16, 2019
Kelli Y Allen's answer
If your father is a permanent resident he should try not to stay out of the U.S. for 6 months at one time. If it does, it will delay his eligibility for naturalization. There are accommodations that can be made for the naturalization process based on age and length of time he has been a permanent residence. Consult an immigration attorney for a full analysis of his case.

Q: Can a foreign citizen enter on visa waiver, marry a US citizen and immediately return to country of origin to apply GC?

3 Answers | Asked in Immigration Law for Florida on
Answered on Mar 16, 2019
Kelli Y Allen's answer
It is fine to marry while in the U.S. under the VWP as long as you comply with all the terms and leave within the designated timeperiod. Your spouse would file a petition, you would process through the consulate, and re-enter with an immigrant visa (if approved). That is not immigration fraud. It would be if you came on the VWP with the plan to marry and remain permanently rather than leaving and processing back through the consulate.

Q: My partner got denied a tourist visa for the US. We want to get married, should we wait till I become a US citizen?

2 Answers | Asked in Immigration Law for California on
Answered on Mar 14, 2019
Kelli Y Allen's answer
There is no need to wait until you are a U.S. citizen to marry. Once you are married, you can file the I-130 petition while still a permanent resident. This can be processing while your naturalization application is being processed. Once you become a U.S. citizen, update USCIS. The previous tourist visa denials should not impact an immigrant visa case. I recommend retaining an immigration attorney to assist you with this process.

Q: can I fix my husbands papers if he was banned from the us? I’m pregnant and need him here not in Mexico.

1 Answer | Asked in Immigration Law for Arizona on
Answered on Mar 14, 2019
Kelli Y Allen's answer
You should consult with an immigration attorney who can review your husband's criminal record. You will need to supply copies of the judgments. However, in most cases involving a controlled substance conviction, there is no waiver of inadmissibility.

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