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Questions Answered by Kelli Y Allen
3 Answers | Asked in Immigration Law for Florida on
Q: Can a foreign citizen enter on visa waiver, marry a US citizen and immediately return to country of origin to apply GC?

I understand that any foreign national seeking to marry fiancé and adjust status need to either apply for a K1 visa to do so or convincingly prove that the marriage was not premeditated with intention to stay . What if they entered on visa waiver , married and immediately returned back to country... Read more »

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

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.... Read more »

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2 Answers | Asked in Immigration Law for California on
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?

Hello. My girlfriend and I want to get married in Europe. I already applied for my US citizenship. She applied for a US tourist visa in 2018 and then again 2 weeks ago to visit the US but it got denied both times for not showbg enough ties in the UK where she works and lives. I wanted to know if we... Read more »

Kelli Y Allen
Kelli Y Allen answered on Mar 14, 2019

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... Read more »

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1 Answer | Asked in Immigration Law for Arizona on
Q: can I fix my husbands papers if he was banned from the us? I’m pregnant and need him here not in Mexico.

He was caught with drugs a couple years back and he did his time in jail and still got banned from the us we are expecting a little one and really need him here in Arizona with me is there anything I can for him to come here.

Kelli Y Allen
Kelli Y Allen answered on Mar 14, 2019

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.

1 Answer | Asked in Immigration Law for Connecticut on
Q: EAD with pending asylum in court.

came here on b1 b2 lived here for 5 years overstayed my visa . I was pick up by ice and was released on bond . I filled Asylum in court with judge and I have individual hearing in 2020 November. I was just wondering do I have a right to obtain EAD? It’s been 186 days elapsed on my application... Read more »

Kelli Y Allen
Kelli Y Allen answered on Mar 14, 2019

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.

2 Answers | Asked in Immigration Law for California on
Q: It's been 6 months and still no marriage interview appointment. Anything we can do for an update or to expedite?

My wife is currently in the process of getting her green card (application submitted 01/2018). On 8/30/18 the online status of her application changed to stating we will be notified of our interview appointment. It has now been over 6 months and we still have not been contacted regarding an... Read more »

Kelli Y Allen
Kelli Y Allen answered on Mar 14, 2019

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.

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2 Answers | Asked in Immigration Law for Massachusetts on
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?

I understand the EB3 in the category of professionals is the one for my husband. I have a sense of the process but not sure about some things.

Does the employer need to publish the job offer in any particular way, so my husband can apply?

Kelli Y Allen
Kelli Y Allen answered on Mar 14, 2019

There is a very involved, specific process for employment petitions. The employer will need to retain an immigration attorney.

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1 Answer | Asked in Immigration Law for Oregon on
Q: I have daca and a state ID that says limited term and a workers authorization card can i travel to Hawaii without issue?

I want to go for vacation and currently reside in oregon

Kelli Y Allen
Kelli Y Allen answered on Mar 12, 2019

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.

1 Answer | Asked in Immigration Law for California on
Q: Is it okay to change jobs while I file for I-90?

I have been approved for GC but never received it in the mail. I was in between addresses when they sent me the card and USPS was unable to deliver the card to me. I have updated my address and I have started several service requests which all ended in USCIS saying they will be resending my card... Read more »

Kelli Y Allen
Kelli Y Allen answered on Mar 12, 2019

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... Read more »

1 Answer | Asked in Federal Crimes and Immigration Law for Colorado on
Q: Is reckless endangerment misdemeanor class 3 a Crime Involving Moral Turpitude?
Kelli Y Allen
Kelli Y Allen answered on Mar 12, 2019

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.

1 Answer | Asked in Immigration Law for Oregon on
Q: I am applying for a US passport. I am a citizen, but my parents are not. The passport application asks about their

citzenship status. If I answer that they are not US citizens, can that information be used against them?

Kelli Y Allen
Kelli Y Allen answered on Mar 12, 2019

There is no reason to believe that putting their information on your passport application would put them in jeopardy.

1 Answer | Asked in Immigration Law for Illinois on
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.

It’s regarding the OPT application . The date of status has changed twice subsequently but the status remains the same- new card is being produced. Please suggest what next step should be taken.

Kelli Y Allen
Kelli Y Allen answered on Mar 12, 2019

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.

2 Answers | Asked in Immigration Law for Michigan on
Q: Am I eligible for a green card and would it take long?

I want to get a green card, I was born in Mexico and brought over to the US when I was 5 years old by my parents. My parents and I got travel visas and overstayed them. I just turned 20 years old and I didn't apply for DACA. I graduated from Highschool. Now I'm in a relationship with a US citizen... Read more »

Kelli Y Allen
Kelli Y Allen answered on Mar 12, 2019

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.

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1 Answer | Asked in Immigration Law for Utah on
Q: If I rescind green card application for my mother, does it affect her chance of getting tourist visa in the future.

I am petitioning for my mother's permanent residency but we are having second thoughts because of the cost in insure her. We still want her to come visit the U.S. in the future, but we heard rumors she may be put on a "blacklist" for tourist visas if we rescind her application.

Kelli Y Allen
Kelli Y Allen answered on Feb 28, 2019

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.

1 Answer | Asked in Immigration Law, Divorce, Family Law and Child Custody for Florida on
Q: undocumented immigrant needing physiological evaluation face deportation?

Will an undocumented immigrant with a history of deportations who is back in the US and married to a US citizen face deportation if someone was to report him to the Baker Act for potentially being a danger to self or others.

Kelli Y Allen
Kelli Y Allen answered on Feb 28, 2019

If you come to the attention of ICE they will re-execute the order of removal.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Long distance relationship advice.

My girlfriend lives in Malaysia. I am currently permanent resident since 2013 and waiting for neutralization interview. We're planning to visit Malaysia and marry once I become citizen. Is it the best option for us? What would be the whole process of her becoming permanent resident and be able to... Read more »

Kelli Y Allen
Kelli Y Allen answered on Feb 28, 2019

Contact an immigration for a full analysis. There are different options and processing times.

2 Answers | Asked in Immigration Law for New York on
Q: I am permanent resident my card expired in December 2018 i have not had renewed yet i am thinking about having divorce

Will i be kicked from the united states if go through with a divorce i have been here 4 years and married three years,can i still apply for green after divorced?

Kelli Y Allen
Kelli Y Allen answered on Feb 28, 2019

Your question is unclear. You say that you are a permanent resident but want to know if you can get your green card. You either need to renew or remove the conditions, whichever is applicable to your case. Divorce is relevant only if it's a removal of conditions. Contact an immigration attorney... Read more »

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1 Answer | Asked in Civil Litigation, Traffic Tickets, Criminal Law and Immigration Law for Georgia on
Q: Will a Attorney who specializes in ticket law be all I need to represent me in court although I am a non citizen?

What are the types of Attorney someone in my shoes would need for a no license ? Someone with no prior record, could I represent myself by committing guilt by paying ticket? As a non citizen is it a bad idea to agree to charges will that put me at risk?

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

Your status does not affect the criminal proceedings, but might bring you to the attention of law enforcement who could start removal proceedings. Hire a criminal defense attorney to discuss the best way to handle the ticket. If you are brought to the attention of ICE and are referred to... Read more »

1 Answer | Asked in Immigration Law on
Q: Hi Should I reapply for green card from India or US My husband and daughter US citizens I have tourist visa till 2023

Now my husband got a job in Framingham MA, and is joining in March

Which is legally correct and faster

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

The answer depends on a number of factors. Consult with an immigration attorney to discuss whether you are eligible for adjustment of status or if consular processing would be best.

2 Answers | Asked in Immigration Law for Nevada on
Q: Can I use my GC with my maiden name and my documents (drive license and SS) with my marriage name for work?

When I applied for my green card, I was advised not to put my married name at the time of application, as I could request the exchange on the day of my interview. When the day came, I asked the interviewer to change my name and he said it was not possible. During the waiting period (long 13 months)... Read more »

Kelli Y Allen
Kelli Y Allen answered on Feb 24, 2019

You need to change your name with social security first. Once you have the new SS card, send a copy to USCIS with form I-90 and the application fee to request a new card issued in your married name.

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1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for Colorado on
Q: I was told I need a criminal lawyer for my case that involves a immigration criminal charge or charges is this correct

I'm not sure if I need a immigration defense lawyer or what type of criminal lawyer I need?

Kelli Y Allen
Kelli Y Allen answered on Feb 24, 2019

You need a criminal defense attorney to handle the criminal charge. You will need an immigration attorney to represent you in removal proceedings if you are referred to immigration court. Your criminal defense attorney should consult with the immigration attorney to discuss immigration... Read more »

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