Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Kelli Y Allen
1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Is a Self-uniting/Quaker marriage license okay for immigration purposes? Will the marriage certificate be legal?

I’m planning to get a self-uniting marriage license to do my own wedding. Is it oficial to apply for a GC afterwards? I know it’s legal in PA, but not in every state, so I’m confused if ICE would accept a marriage certificate that came from a ser-uniting/Quaker license.

Kelli Y Allen
Kelli Y Allen answered on May 27, 2019

In general, if the marriage is legal in the place where it is performed, USCIS will recognize it as a legal marriage.

1 Answer | Asked in Immigration Law for Maryland on
Q: I opened a U Visa case in front of USCIS and they sent to me notice of action I-797, I want now to have EAD

I read the instructions to fill form l-765 ( form I-765 instructions) to have EAD, they said that in my case (U VISA),I don't need to fill this form and USCIS will send it to me, is that true or I must fill the form I-765 EAD (Work Permit) to have my first work permit, 2nd in my case (U Visa) if I... Read more »

Kelli Y Allen
Kelli Y Allen answered on May 27, 2019

You are not eligible for an EAD until 1) your U-visa case is approved and you receive U-visa status or 2) you are found eligible for a U-visa and are granted deferred action status while waiting for a U-visa number to become available.

1 Answer | Asked in Immigration Law for Maryland on
Q: If I were to marry my boyfriend who is illegally here in the state of maryland will they deport him? We do have 2 kids

We have 2 kids together and been together for 5 years

Kelli Y Allen
Kelli Y Allen answered on May 27, 2019

Simply marrying him would not initiate deportation. If you are a U.S. citizen, there may be options for him to obtain legal status after you are married. Contact an immigration attorney for a full analysis of your case.

3 Answers | Asked in Immigration Law for Massachusetts on
Q: How can I get my parents and sister a tourist visa from Brazil?

I am a green card holder, unemployed. They had their visa denied back when I had a F1 visa last year.

Kelli Y Allen
Kelli Y Allen answered on May 19, 2019

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,... Read more »

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: Can I travel with Uscis Advance Parole travel document abroad?

I got married to my wife (she's a US citizen) few months ago and I have applied for a Travel Document which will be coming sometime next month. Because of back log the green card interviews are now taking longer, our interview will be sometime late this year or early 2020.

My question is,... Read more »

Kelli Y Allen
Kelli Y Allen answered on May 18, 2019

Even with advance parole, there is no guarantee of admission. The safest course of action is to remain in the U.S.

3 Answers | Asked in Immigration Law for Massachusetts on
Q: If I file an immigrant petition for my siblings, would they find it harder to get visit or work visas in the interim?

I'm a US citizen. I know right now there's a 14 year wait. Want to make sure by applying, I'm not excluding them from traveling to the US for work or vacations.

Kelli Y Allen
Kelli Y Allen answered on May 18, 2019

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.

View More Answers

3 Answers | Asked in Immigration Law for District of Columbia on
Q: If my 4 kids are born in the United states can I apply for my residency because of my kids being born here.

If my 4 kids are born in the United states can I apply for my residency because of my kids being born here. Or what necessary steps could my husband and I take ? My kids wants to stay here and do not want to go back home . They are all less than 10yrs old.

Kelli Y Allen
Kelli Y Allen answered on May 18, 2019

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... Read more »

View More Answers

1 Answer | Asked in Immigration Law and Small Claims for California on
Q: How will appearing on a rent deposit case as a witness affect my Green Card now and when applying for a US passport?

One of my flatmates (who is the Master tenant) did not return the deposit of another flatmate on the grounds that his girlfriend was living in his room and they were sneaking in and out. The master tenant (who is still my current flatmate) has requested that I support her in court as a witness. I... Read more »

Kelli Y Allen
Kelli Y Allen answered on Apr 11, 2019

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.

2 Answers | Asked in Immigration Law for North Carolina on
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?

My spouse get tourist visa before we've got married 4 years ago, and was visiting the US about 5 times since that, never work in US and never over stay. The visa is still good for the next 5 years. Is there anything else what could create an issue to reenter US after I-130 is filed? Is it mandatory... Read more »

Kelli Y Allen
Kelli Y Allen answered on Apr 11, 2019

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... Read more »

View More Answers

1 Answer | Asked in Immigration Law for Virginia on
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
Kelli Y Allen
Kelli Y Allen answered on Mar 29, 2019

Yes, separate petitions would be required. Check with an immigration attorney to verify eligibility, especially for the older child.

1 Answer | Asked in Immigration Law for Connecticut on
Q: Asylum merit hearing And married to US citizen .!

I’ve filled Asylum and I have merit hearing in 5 months . I have a weak asylum case it’s hard to get evidence from my country . Since I’m married to my Gf she is US citizen. In this scenario what should I do ? As I said I have court coming and most likely my interview for marriage will not... Read more »

Kelli Y Allen
Kelli Y Allen answered on Mar 20, 2019

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.

1 Answer | Asked in Criminal Law and Immigration Law for Arizona on
Q: I'm a green card holder since 2000 and I submitted my application for Naturalization. Need advise.

I'm currently in the middle of the process for Naturalization with my biometrics scheduled in a few weeks. I'm worried that my conviction in 2013 will cause a problem with my application. I was arrested and jailed for less than 24 hours for possession of paraphernalia. The judge reduced my sentence... Read more »

Kelli Y Allen
Kelli Y Allen answered on Mar 20, 2019

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.

1 Answer | Asked in Immigration Law on
Q: Hello, I've been out of the country for 6 months when April begins. I had a few questions concerning.

I’m ready to apply for my citizenship. My green card is valid from 2017 to 2027.

I recently moved to NY to attend college and figured for the last year (9months) I would take school full time/online and move to my parents’ house in Canada. I have to put my dates on how long I have been... Read more »

Kelli Y Allen
Kelli Y Allen answered on Mar 20, 2019

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... Read more »

2 Answers | Asked in Immigration Law for Colorado on
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?

My spouse is on f1 and recently her OPT ended. Per the 60 grace period she has, she will become out of status after early May. We want to get married end of April and apply for the adjustment of her status right away. Will she be able to stay in the US even if in the worst case scenario we had not... Read more »

Kelli Y Allen
Kelli Y Allen answered on Mar 19, 2019

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.

View More Answers

1 Answer | Asked in Immigration Law for New Jersey on
Q: Dear sir/madam I wana ask if priority date is current and petition i130 is pending Wht is the option? Outside USA

If petition is pending and visa bulletin is current, Wht is the option, if someone is outside not in the USA, can lawyer help any option or just wait for approval, Bcz uscis processing time is slow and visa bulletin moving fast

Thanks

Kelli Y Allen
Kelli Y Allen answered on Mar 19, 2019

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.

1 Answer | Asked in Immigration Law for New York on
Q: I received a combo card ( EAD and AP ) with a misspelled last letter of my last name on it.

Hello!

As the title said, I received a combo card with a typo.

The last name on my EAD card is misspelled by one letter.

The mistake was mine, as I did not notice that on the I765 form, neither on NOA1 or NOA2, since all other boxes and forms were filled out correctly.... Read more »

Kelli Y Allen
Kelli Y Allen answered on Mar 17, 2019

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... Read more »

2 Answers | Asked in Immigration Law for Florida on
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?

im a U S citizen and we are married with children together. my husband fled from Haiti. he was in hiding for months there. due to the corruption with the Policital war. he suffered life threating, turture, unthinkable abuse,lost of 30 pounds from starvation and thirst during his hide out. he is... Read more »

Kelli Y Allen
Kelli Y Allen answered on Mar 17, 2019

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... Read more »

View More Answers

1 Answer | Asked in Immigration Law on
Q: What should I put on the I29 form for the k1 visa on beneficiary physical address in the last 5 years?

I met my fiancéE while she had a F1 VISA she lived in 2 apartments as a student , they count as physical address or only her back home address count it ?

Kelli Y Allen
Kelli Y Allen answered on Mar 17, 2019

List all addresses whether inside or outside the U.S.

2 Answers | Asked in Immigration Law for Washington on
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

can I ( as US grand parent) apply for my granddaughter for citizenship ?

Kelli Y Allen
Kelli Y Allen answered on Mar 16, 2019

No, you cannot petition for a grandchild. Your son can petition for his child.

View More Answers

2 Answers | Asked in Immigration Law for Texas on
Q: Would it affect someone to live in Mexico more than 6 months if resident only?

Hi I have a case I have question about my moms father he is 76 years old retired is receiving pension and also social security check he was living with his sisters in California. he is trying to become a citizen and were wondering how long would it be for him or if it’s possible for him to become... Read more »

Kelli Y Allen
Kelli Y Allen answered on Mar 16, 2019

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... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.