Questions Answered by Kelli Y Allen

Q: Hi, I am separated single mom. want to apply H1B visa, being divorced or separated affects negatively ? if so how ?

1 Answer | Asked in Divorce and Immigration Law for California on
Answered on Jan 16, 2019
Kelli Y Allen's answer
Your marital status should not impact an H-1B visa in any way.

Q: Can I use a child custody final orders as a proof of separation for my citizenship application?

1 Answer | Asked in Immigration Law for New York on
Answered on Jan 16, 2019
Kelli Y Allen's answer
Yes you could, but you typically do not have to provide proof of separation as part of a naturalization application.

Q: Does the U.S. Embassy in Cambodia look at credit reports?

1 Answer | Asked in Immigration Law for Virginia on
Answered on Jan 16, 2019
Kelli Y Allen's answer
No. You will have to file an affidavit of support, provide income information for the past 3 years, and submit your most recent W-2 and federal tax return, but they do not check credit.

Q: I'm in the early stages of trying to bring my soon to be fiance to the US. What is the best route?

1 Answer | Asked in Immigration Law for Kentucky on
Answered on Jan 16, 2019
Kelli Y Allen's answer
You can either file a fiance visa petition or you can go to Canada to marry and then start the spousal visa petition process. He definitely should not enter with a B2 visa and try to adjust status, as that is an improper use of a non-immigrant visa. Asylum is a much longer, more difficult process, so there's no reason to consider that when he has the other options based on marriage. You absolutely need to hire an experienced immigration attorney to handle this process on your behalf.

Q: Is it possible for a U.S. citizen to marry a Mexican citizen, and for said Mexican citizen to gain legal residency?

1 Answer | Asked in Immigration Law and International Law for Florida on
Answered on Jan 16, 2019
Kelli Y Allen's answer
Yes, it is but the timing and specific process vary greatly and depend on a number of factors. I highly suggest having a full consultation with an experienced immigration attorney who can analyze the specific situation and explain the process that would apply to your case.

Q: I am a US citizen, My wife is a permanent green card holder. My wife would like to file/apply for her citizenship.

1 Answer | Asked in Immigration Law for Arizona on
Answered on Jan 16, 2019
Kelli Y Allen's answer
If you have made satisfactory arrangements with the IRS, then USCIS is okay with it. That would include having a payment schedule or the IRS making the determination that it does not have to be paid. For purposes of naturalization, they're really looking to make sure she's filed and is working with the IRS on any issues.

Q: Okay, I recently got married to my fiancé and she is not legal. Can I request a TIN for her?

2 Answers | Asked in Immigration Law for Texas on
Answered on Jan 16, 2019
Kelli Y Allen's answer
Yes, she can request a tax identification number from the IRS that you can use in lieu of a social security number when filing taxes. I do not know how long it takes to get that number assigned.

Q: I got caught crossing border and got an I-94 and was let out on bond. Im Married to a citizen now can I file an I-485

2 Answers | Asked in Immigration Law for Massachusetts on
Answered on Jan 15, 2019
Kelli Y Allen's answer
Presumably you were given a notice to appear (NTA) in immigration court. If so, that complicates the process tremendously. You need to seek guidance from an experienced immigration attorney as there are extra requirements for the I-130 filing while in proceedings. Also, if indeed you were referred to court you cannot file an I-485 or apply for temporary employment authorization at this time. Your case is complicated so I encourage you not to try to handle it on your own.

Q: My American friend married a Honduran man. They have an American born son, age 5. The man went back to Honduras because

1 Answer | Asked in Immigration Law for Minnesota on
Answered on Jan 15, 2019
Kelli Y Allen's answer
Please recommend that your friend contact an experienced immigration lawyer. She will need to file a spousal visa petition, but the specifics depend upon several factors such as: whether he entered the U.S. with a visa, how long he was here without legal status, whether he entered he U.S. more than once, whether he was ordered removed or left voluntarily. It is a somewhat lengthy and complicated process so she will absolutely need legal assistance.

Q: I’m from El Salvador and I have tps. My mom is petitioning me. Can I apply for work authorization if tps is cancel!?

1 Answer | Asked in Immigration Law for Virginia on
Answered on Jan 15, 2019
Kelli Y Allen's answer
If all you have is an approved I-130, no. That does not provide the basis for employment authorization.

Q: Bring someone to uk

1 Answer | Asked in Immigration Law on
Answered on Jan 15, 2019
Kelli Y Allen's answer
I'm not sure what your question actually is. If you are looking to visit or gain permanent residency in the UK, you will need to consult an attorney in the UK who practices UK immigration law. If you are looking to bring someone from the UK to the US, please provide more information (relationship, temporary/permanent, status of petitioner, etc.)

Q: My Wife wants a divorce there is no property are anything accumulated in the marriage and wants me to pay her bills ?

1 Answer | Asked in Divorce for North Carolina on
Answered on Jan 15, 2019
Kelli Y Allen's answer
One first step might be mediation. That would allow each of you to, with the assistance of a third-party neutral, attempt to resolve all issues relating to the divorce on your own. This is much less costly than hiring attorneys and going to court, and keeps control in you and your wife's hands rather than a judge.

If you reach an agreement in mediation, one of you would still need to file for divorce to have a judge sign off and make it official. If you cannot reach an agreement, you...

Q: Green Card / residency requirements

3 Answers | Asked in Immigration Law for California on
Answered on Jan 15, 2019
Kelli Y Allen's answer
USCIS requires you to keep it notified of your current residence (where you are actually living). If you just want to have mail sent to a relative's address but are still physically living in CA, there's no need to notify USCIS. If you are having mailing issues, you can update with a separate mailing address. To my knowledge, no state has a "registration" requirement in order to have mail to to an address in that state.

Q: Should I answer "Yes" to all Questions related to the U.S. Constitution while filling my (N-400)?

1 Answer | Asked in Constitutional Law and Immigration Law for Connecticut on
Answered on Jan 14, 2019
Kelli Y Allen's answer
Even though you know it is highly unlikely that she would ever be asked to bear arms for the U.S., in order to naturalize, she must be willing to answer that question "yes".

Q: I have a valid f1 visa but I just realized that on the visa application I forgot to indicate my other (EU) nationality.

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Jan 14, 2019
Kelli Y Allen's answer
Check with you school and see if they can assist you. Otherwise, if you leave the U.S., you would have to get your new passport stamped before re-entering the U.S. In either case, for accuracy purposes, you should notify USCIS of the omitted information.

Q: FilingN400 at 4 years and9 months under5 years permanent residency. Can first 3 months residential address be of abroad?

2 Answers | Asked in Immigration Law for Maryland on
Answered on Jan 14, 2019
Kelli Y Allen's answer
Yes, absolutely list all addresses accurately. As long as you have not been out of the U.S. for more than 6 months at a time, and have been in the U.S. more total days than you have been outside the U.S. during the last 5 years, you're fine for purposes of the residency requirement.

Q: I am married to my wife in Mexico want to bring her here with her son how can I bring them without signature of his dad

1 Answer | Asked in Immigration Law for Indiana on
Answered on Jan 14, 2019
Kelli Y Allen's answer
It sounds like you have two distinct issues. From an immigration perspective, assuming you are a U.S. citizen or permanent resident you can file an immigrant visa petition for each of them. As long as all visa/admissibility requirements are met, visas can be approved. However, for her son to use his visa, he must have a passport which will require consent of the father. If he does not agree, your wife will probably need to hire a family law attorney in Mexico to deal with that issue. In...

Q: This is regarding immigration., family of 5 only has visa ., do we have possibilities of getting green card?

1 Answer | Asked in Immigration Law for Texas on
Answered on Jan 14, 2019
Kelli Y Allen's answer
Please specify the type of visa held and whether visa-holders are still in status (complying with terms of visa) and I will try to answer your question.

Q: I'm a F1 student and attending a school. I get married last month and my wife is a US citizen.

1 Answer | Asked in Immigration Law for Oregon on
Answered on Jan 14, 2019
Kelli Y Allen's answer
Yes, your wife can begin the petitioning process from abroad. There are some other timing issues, however.

While you are here on the F1, you could file a one-step adjustment of status (AOS) petition. You would stay here while the application is being processed and your wife would need to be here by the time the interview is scheduled. If, however, you leave and re-enter on the F1, you could not then file for AOS because of the immigrant/non-immigrant intent issue. If you leave, when...

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