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Questions Answered by Kelli Y. Allen
2 Answers | Asked in Immigration Law for Michigan on
Q: Can we file the I-130 form after my wife's visa expires?

My wife and I got married February 15. Her J-1 visa expires March 5th. Is it ok if we file the I-130 form after her visa expires? Supposedly she gets a month after her visa expires, but we would like to know if we need to rush to get it done now (living a state away until her program ends in March.)

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

You first need to determine whether she is subject to the 2-year foreign residency requirement. Then what you file when will be based on whether you are a US citizen or permanent resident. Consult with an immigration attorney for a full analysis of your case.

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2 Answers | Asked in Criminal Law and Immigration Law for New York on
Q: I get charge of petty larceny for $200 I'm in the process for adjust of status for the green card this will affect me?

I didn't have my court appearance yet and this is my first time I never have an issue with the police before

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

It's likely that this would fall under the petty offense section, but you need to consult with an immigration attorney for a full review of your case. If at all possible, this charge needs to be resolved prior to your interview. USCIS will not approve an application with a pending criminal charge

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2 Answers | Asked in Immigration Law for California on
Q: Will a sibling’s illegal status affect an application for green card for parents by US citizen?
Kelli Y. Allen
Kelli Y. Allen answered on Feb 24, 2019

No, the sibling's status is irrelevant.

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1 Answer | Asked in Immigration Law for Texas on
Q: Wanting to file petition I130 for fiancé. Was previously married in which he recieved his green card. Could I file again

Previous marriage ended in separation a year he received his green card. I was to finalize the divorce in Oct 2017. I was never able to reach him since he left home and I never heard back from him. Would it complicate things if I want to file a petition for my soon to be husband?

Kelli Y. Allen
Kelli Y. Allen answered on Feb 16, 2019

As long as you are legally divorced, there's no problem filing an immigration petition for a second spouse.

2 Answers | Asked in Immigration Law on
Q: My B2 visa was cancelled at the Port of entry at JFK New York

On ground that i have the intention of coming in to work in the state. And posibly get married. My phone was ransacked picked some messages just to match their points.

Should i apply for a waiver before applying for a visa?

Kelli Y. Allen
Kelli Y. Allen answered on Feb 12, 2019

You need to consult with an immigration attorney for a full case analysis prior to submitting any application.

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1 Answer | Asked in Immigration Law for Maryland on
Q: My question is in regards a pending immigration case.

I did my interview on August 31, 2018 , got my approval letter on September 4, 2018 but still haven"t receive my card.

Keep calling uscis to find out status of case but doesn't seem to get a valid response. Not sure what to do at this point. Can anyone help me?

Kelli Y. Allen
Kelli Y. Allen answered on Feb 12, 2019

Try making an InfoPass appointment with your local USCIS office.

1 Answer | Asked in Criminal Law and Immigration Law on
Q: Am I inadmissible

I hold a Palestinian authority passport and flying out from Jordan where I reside now.

I had been in the us three years ago and I picked up a felony charge which I never went to court for and left the us so I was sentenced while I'm away.

Can I still enter canada with my... Read more »

Kelli Y. Allen
Kelli Y. Allen answered on Feb 12, 2019

You would need to check with an immigration attorney in Canada; admittance would be based on Canadian law. If you ever hope to re-enter the U.S. you will need to consult with both a criminal defense and immigration lawyer.

1 Answer | Asked in Immigration Law for Wisconsin on
Q: I married a Chinese spouse in China a year ago. We want to move to the US, but before doing so, I want to visit during

a holiday in August. Can we apply for a tourist visa and a spouse visa at the same time, or can the spouse visa only be applied for afterward? Or will she not be able to travel to the US at all on a travel visa? As a note, I am a native-born US citizen.

Kelli Y. Allen
Kelli Y. Allen answered on Feb 12, 2019

Technically you could start the spousal visa process now and still apply for a visitor visa. If the visa is granted, there is still no guarantee of admittance by CBP. If you are admitted, as long as you leave on time and still process your immigrant visa through the consulate, there's no... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: I was brought to the u.s as a child I was 8 years old. I'm 24 married to a u.s citizen how do I fix my status

I applied to DACA got accepted but didn't renewed it again since I became a mother and became a full stay at home mom I have no criminal record what is the best way to fix papers

Kelli Y. Allen
Kelli Y. Allen answered on Feb 12, 2019

The exact process that will apply to your case depends on many factors that need to be fully analyzed by an immigration attorney.

3 Answers | Asked in Immigration Law for New York on
Q: I'm a Canadian, marrying US boyfriend that is incarcerated. Can he sponsor me while incarcerated, with cosponsors?

Can he do a k1 visa with cosponsors, while in jail?

Kelli Y. Allen
Kelli Y. Allen answered on Feb 11, 2019

If you can navigate the practical issues of getting him to sign immigration petitions and can get his documents (birth certificate, judgments, etc.), there is no statutory prohibition against someone in jail filing an immigration petition. As you mention, you would need a joint sponsor.

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1 Answer | Asked in Immigration Law for California on
Q: Does being a student count as "employment" when filing for marriage based AoS?

AoS forms ask for employment information. i've been F-1 student in the US for years. Should I just skip the employment section since I have not worked anywhere (I moved here right after high school)?

Kelli Y. Allen
Kelli Y. Allen answered on Feb 11, 2019

You should answer every question. If the section does not apply, a n/a or none would be the appropriate entry. For immigration purposes, attending school does not count as employment.

3 Answers | Asked in Immigration Law for Florida on
Q: My husband has a immagration hold and is married to a American citizen how do i get the immagration hold lifted

He is currently in jail

Kelli Y. Allen
Kelli Y. Allen answered on Feb 11, 2019

You need to hire an immigration attorney who can file a motion for an immigration bond once any criminal bond is handled. He will most likely be referred to immigration court for removal proceedings. An immigration attorney can determine whether he is eligible to file any applications to remain... Read more »

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1 Answer | Asked in Immigration Law for Colorado on
Q: we went in for an interview for my adjustment of status in Nov 2018. We just got a letter to come back for 2nd interview

1st interview was in Nov 2018 the officer say they would send us a letter if they need anything else ,,, now in feb 2019 we have to go back in for 2nd interview within a week .

Kelli Y. Allen
Kelli Y. Allen answered on Feb 9, 2019

You did not actually ask a question, but my recommendation is to hire an immigration attorney to prepare you for and accompany you to the interview. The most likely reason for the second interview is suspected fraud.

1 Answer | Asked in Immigration Law for Wisconsin on
Q: Q: I am in USA on business visa B1 from last 1 month. Can I marry a USA citizen and apply for status adjustment.

Can I marry him in USA and apply for conditional GC or should I go back and apply from my home country. I had my h1b visa stamped earlier.(2008 to 2011), but I never used it. Its not that I am getting married immediately but can I get married within in my 6 months of stay.

If that is... Read more »

Kelli Y. Allen
Kelli Y. Allen answered on Feb 9, 2019

You should definitely contact an immigration attorney for assistance as there are multiple options.

1 Answer | Asked in Immigration Law for Indiana on
Q: Can I get married and apply for a green after being in the US for more than 10 years if I was brought as a kid?

No DACA, I was brought here on July, 2008.

Looking for further education.

20 years old.

Kelli Y. Allen
Kelli Y. Allen answered on Feb 9, 2019

Possibly, yes. The specific facts make all the difference in determining the exact process that would apply to your case. You would need to have a full consultation with an immigration attorney to get a fully analysis.

1 Answer | Asked in Immigration Law for California on
Q: I’m a F1 holder can I dropped school since I married a US citizen??

I’m f1 holding since Setember 2017 (esl), I got married with a American citizen in October 2018. Can I stop go to school? I’m about to send papers, but I’ll not be able to pay for school anymore, once I’ll have taxes and lawyer pay. I’m really concern about that once I’ve been doing... Read more »

Kelli Y. Allen
Kelli Y. Allen answered on Feb 8, 2019

If you are eligible for adjustment of status, once you file the application you are legal to remain in the U.S. and may receive temporary employment authorization. I suggest consulting with an immigration attorney who can fully analyze your case prior to submitting anything to USCIS.

1 Answer | Asked in Immigration Law on
Q: My fiancee had a F1 Visa does she need to get police certificate from the Usa ?

My fiancee had a F1 Visa and she was enrolled in a English class for 9 months did she need to provide a police certificate from The USA or only from her home country when she will be called for the K1 visa interview ?

Kelli Y. Allen
Kelli Y. Allen answered on Feb 8, 2019

Just her country; the U.S. does not give police clearance certificates but will run an FBI background check.

1 Answer | Asked in Criminal Law for North Carolina on
Q: How would my son correct an incorrect statute on his record? He's attempting to get his record expunged.

The charge (in Mar 2007) was "Resisting Public Officer" (Statute 14-223), the Statute on his record is 14-277 (A) (4) NC which is "Impersonation of Law Enforcement or Public Officer"

Kelli Y. Allen
Kelli Y. Allen answered on Feb 7, 2019

He will need to retain the services of a criminal defense attorney.

1 Answer | Asked in Immigration Law for North Carolina on
Q: I came to Egypt to get marry but the process took more time then expected and I couldn't finish my process because I had

To Travel back to USA so I got a lawyer and left him a power of attorney paper to fininsh my marriage here in Egypt, my question is with doing that is my marriage valid to immigration to apply for my husband CR-1

Kelli Y. Allen
Kelli Y. Allen answered on Feb 7, 2019

I highly advise having a full consultation with an immigration attorney. The U.S. does not recognize proxy marriages. If that is what occurred, you will have problems with immigration when you try to file the spousal petition.

3 Answers | Asked in Immigration Law for North Carolina on
Q: Does spouse has to be a citizen for last 3 years for me to apply citizenship
Kelli Y. Allen
Kelli Y. Allen answered on Feb 7, 2019

To be eligible to apply for naturalization after 3 years of permanent residency rather than 5, you must have been married to and living with your U.S. citizen spouse for 3 years since becoming a permanent resident. If your spouse was an LPR part of the time, you must wait until it has been 3 years.

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