Questions Answered by Kelli Y Allen

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?

1 Answer | 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?

2 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.

Q: EAD with pending asylum in court.

1 Answer | Asked in Immigration Law for Connecticut on
Answered on Mar 14, 2019
Kelli Y Allen's answer
You should consult an immigration attorney to calculate the number of days on the asylum clock. Sometimes the clock is stopped without you being aware of it. If you truly have over 180 days, you are eligible to file for employment authorization.

Q: It's been 6 months and still no marriage interview appointment. Anything we can do for an update or to expedite?

2 Answers | Asked in Immigration Law for California on
Answered on Mar 14, 2019
Kelli Y Allen's answer
You can file a service request with USCIS to try to get an update. If there's still no interview scheduled in a couple months, you may want to file to renew the EAD. There is no additional application fee required.

Q: I have visa F1(PhD student) and my husband F2, an employer is offering a permanent job to him (EB3), how to do it?

2 Answers | Asked in Immigration Law for Massachusetts on
Answered on Mar 14, 2019
Kelli Y Allen's answer
There is a very involved, specific process for employment petitions. The employer will need to retain an immigration attorney.

Q: I have daca and a state ID that says limited term and a workers authorization card can i travel to Hawaii without issue?

1 Answer | Asked in Immigration Law for Oregon on
Answered on Mar 12, 2019
Kelli Y Allen's answer
You should be okay to travel to Hawaii, but not outside the U.S. However, it would be a good idea to meet with an immigration attorney who can look at the specifics of your case prior to traveling.

Q: Is it okay to change jobs while I file for I-90?

1 Answer | Asked in Immigration Law for California on
Answered on Mar 12, 2019
Kelli Y Allen's answer
If you application for permanent residence has been approved, you are legal to work but will not have anything to prove this to a potential employer. If the permanent residency was gained through adjustment of status, you should have received temporary employment authorization that would allow you to work.

Q: Is reckless endangerment misdemeanor class 3 a Crime Involving Moral Turpitude?

1 Answer | Asked in Federal Crimes and Immigration Law for Colorado on
Answered on Mar 12, 2019
Kelli Y Allen's answer
You would need to take a copy of the judgment to an immigration attorney for a full analysis, The wording of the specific statute under which you were convicted is important in making this determination.

Q: I am applying for a US passport. I am a citizen, but my parents are not. The passport application asks about their

1 Answer | Asked in Immigration Law for Oregon on
Answered on Mar 12, 2019
Kelli Y Allen's answer
There is no reason to believe that putting their information on your passport application would put them in jeopardy.

Q: Hi, my EAD card has been approved and I received my I797 but I did not receive my EAD card yet. It’s been a month.

1 Answer | Asked in Immigration Law for Illinois on
Answered on Mar 12, 2019
Kelli Y Allen's answer
You could contact USCIS and place a service request. They should be able to track the card to see where it was delivered, or if it was never sent out.

Q: Am I eligible for a green card and would it take long?

2 Answers | Asked in Immigration Law for Michigan on
Answered on Mar 12, 2019
Kelli Y Allen's answer
I would need more specific facts to fully analyze your case. If you do marry a US citizen, there is likely a path for you to gain permanent residency but the process depends on several factors. I recommend a full consultation with an immigration attorney.

Q: If I rescind green card application for my mother, does it affect her chance of getting tourist visa in the future.

1 Answer | Asked in Immigration Law for Utah on
Answered on Feb 28, 2019
Kelli Y Allen's answer
There's no technical bar, but the visas are direct opposites. It may be difficult for your mom to convince the consular office that she would only be coming for a short visit and then returning to her country.

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