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Questions Answered by Kelli Y. Allen
2 Answers | Asked in Immigration Law on
Q: I was denied an immigrant visa because of unlawful presence. The 10 year bar is up, how do my family reapply?

Do we have to go to the US embassy in my country or start the process all over again?

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

No. You need to go directly to an experienced immigration attorney who can analyze and explain the situation. This is not something you can handle on your own.

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

What should I put on the I29 form for the k1 visa on beneficiary physical address in the last 5 years?

Hello my and my fiancee are ready to filling out the I29 form for the K1 Visa , on the section that they asking her physical address on the last 5 years I am not sure what to put , I met... View More

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Feb 6, 2019

She should list every address at which she has lived at any point during the last five years; inside or outside the U.S. You should really consider hiring an immigration attorney to handle this process for you.

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1 Answer | Asked in Criminal Law and Immigration Law for New York on
Q: Hi, question I was arrested in 2005 charged in 2006 with felony, I was not told about immigration reprocations, help

I did 16 weekends of jail 5 years of Probation, I have tried to apply for immigration green card but it’s denied due to my felony case they say it’s Moral Turpitude, the DJ was hitting my brother because he fell on his equipment and I tried to defend him, I never wanted to hurt him, can you... View More

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Feb 5, 2019

Contact a criminal defense attorney and ask if a Padilla motion may be an option. That's a case that sometimes allows a criminal conviction to be reopened and readjudicated when the defendant was not advised on the immigration consequences of the plea.

1 Answer | Asked in Immigration Law for California on
Q: I am in L2 dependent visa I have applied for my employment authorization document application (EAD) for my work permit

I am in L2 dependent visa I have applied for my employment authorization document application (EAD) for my work permit on Nov 1st 2018 , On Nov 15th I got a rejection stating " Form G-28 Rejected Because It Was Improperly Filed" I applied my application myself and I dont have an attorney.... View More

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Feb 5, 2019

If an attorney is not handling the case the G-28 form is not applicable. If you have a receipt notice for the EAD (form I-765) then just wait for it to be processed. If USCIS sent everything back because of the G-28 issue you will need to resubmit.

2 Answers | Asked in Immigration Law for Texas on
Q: DACA request got denied. Any options?

My request got denied because I did not provide evidence that I was in school, graduated high school or had a diploma or GED. I was registered for community college and sent them the form. I have graduated high school but that was before the renewal request. The notice ends with “you may not file... View More

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Feb 5, 2019

If this was a renewal application you may be able to reapply. I recommend consulting with an immigration attorney to discuss options and handle the case.

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1 Answer | Asked in Immigration Law for Texas on
Q: Hi, myself & family(wife + 2 kids) have got our GC 5 years back. Now can I apply for N400 for my kids along with mine
Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Feb 4, 2019

If you meet all other eligibility requirements, yes. You and your wife can each apply. The process for children depends upon their ages. I suggest consulting with an immigration attorney to discuss all aspects of the case.

2 Answers | Asked in Business Formation, Business Law, Contracts and Legal Malpractice for North Carolina on
Q: What kind of lawyer can a massage therapist go to to create a liability waiver for free information sessions?

Sessions would include education on stretches, self-massage, and self-care. These free sessions are part of advertisement/marketing efforts to build a massage therapy business. Class would take place in libraries, churches, stores, any place that would like to partner with the licensed massage... View More

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Feb 4, 2019

Your best bet is a business law attorney. A general practitioner who handles civil contracts should have familiarity with those issues as well.

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2 Answers | Asked in Immigration Law for New York on
Q: HI, I would like to apply to the visa O next year. Do I need a "sponsor"?
Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Feb 4, 2019

Generally, yes. the potential employer would be petitioning on your behalf. You would need to consult an immigration attorney for a full analysis of your situation to see if an O-visa is an option.

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1 Answer | Asked in Immigration Law for California on
Q: my boyfriend is an illegal immigrant he got deported about 15yrs ago and re entered us about 6 yrs ago

Can he become a resident after we get married what are his chances of becoming a us resident after marriage.

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Feb 4, 2019

Although I always suggest having a full consultation with an immigration attorney, this answer is a pretty definite no. If he had not re-entered the U.S. after having been deported, there would be a process for him to potentially return. However, now that he has re-entered, he has made himself... View More

2 Answers | Asked in Immigration Law for New York on
Q: Change of status from J1 to H1B with 212E Waiver?

I am a J1 Research Scholar at a major public research university.

Both my J visa and DS2019 have endorsement from the Visa Officer that I am NOT subject to 212E the 2 year rule.

However, my skills are on my home country's skill list.

However, because the decision of... View More

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Feb 1, 2019

No, I would not anticipate that being an issue.

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1 Answer | Asked in Immigration Law for Hawaii on
Q: How to handle request for evidence ( tax transcripts ) knowing that I cannot make the deadline ? I may need 2 months.

I filed federal taxes a week prior to the interview and had copies of my returns at the interview, but wasn't asked to show them. At the end I was told I will get a notice in the mail about what to submit. I received a letter a few days later asking for federal tax transcripts and state taxes... View More

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Feb 1, 2019

All you can do is send in what you have and ask for an extension. You could speak with an immigration to handle the response, but there's not anything else he/she could do.

1 Answer | Asked in Immigration Law for California on
Q: My wife and I are retired Canadians. We are moving via green card to California later this year to be near our daughter.

We pay income tax on our Canadian pensions to Canada, so are we required to also pay the tax to the US? Thank you.

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Feb 1, 2019

I suggest posting this question in the tax law section as this issue falls outside the scope of most immigration attorneys.

2 Answers | Asked in Criminal Law and Immigration Law for Texas on
Q: Caught for shoplifting when I’m on F1 visa and now I got H1 visa. Can I go to my home country now for a stamping ?

I was caught for shoplifting ( Misdemeanor A and it’s my first time offense. This was on 2017 April ) when I’m on F1 visa and I was arrested and taken to jail, been there for at least 3 hours before coming out with bail. They took my mug shots, finger prints, eye scan etc.. My lawyer said my... View More

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Feb 1, 2019

Even if the case is expunged, you will still need to disclose the arrest and charge on any immigration paperwork and be prepared to show documentation of the dismissal. Have all of that with you when you go to the consulate and it should not present a problem. I would advise a consultation with... View More

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1 Answer | Asked in DUI / DWI and Immigration Law for Minnesota on
Q: I am an asylee living in the US since 2001. I have been convicted of DUI felony. I need to change my status to green car

I am an asylee living in the US since 2001. I have been convicted of DUI felony. I need to change my status to green card. How hard is it?

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Feb 1, 2019

I suggest hiring an immigration attorney to assist you with the adjustment of status process. If the DUI is the only thing on your record, it should not be an issue.

2 Answers | Asked in Immigration Law for California on
Q: how long it takes to get a green card after got an asylum approval?

Hello,

A few days ago, I recieved my asylum approval and in the approval there is nothing says when can I ask about the case so I want to know how long time do I have to wait until I get the green card. I applied for I-584 case two years ago and my father is already US citizen.

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Jan 31, 2019

You must have asylum status for 1 year and then you can apply for your green card.

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1 Answer | Asked in Immigration Law for Colorado on
Q: My fiancée is in the US with an E2 Employee Visa and is being moved, when can she move back with me after marriage?

We are planning on getting married soon and would like to know when she would be able to move back with me. I am a US citizen by birth. She is a French national with a french company. When in the process of applying for a spousal visa would that allow here to leave the company without having to... View More

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Jan 30, 2019

Once you are married, if she is still in the U.S., she could apply for adjustment of status (process of obtaining permanent residency from within the U.S.) She would then be able to receive temporary employment authorization that would allow her to work for any employer. This will cover her until... View More

1 Answer | Asked in Immigration Law on
Q: can I travel on B2visa when my husband is a permanent resident, Green card holder?
Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Jan 30, 2019

Yes, as long as you plan to enter with the B2, remain for no more than your authorized stay, and then leave. Otherwise, you would need a different type of visa.

2 Answers | Asked in Immigration Law for California on
Q: Will my Brother's status affect my green card renewal?

I am on a 2-year green card through marriage and am renewing soon. I am not very close with my brother, but I have heard he has overstayed his visa so therefore is here illegal at the moment. Will this affect my renewal in any sort of way? Should I be notifying my lawyer when I meet one in our... View More

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Jan 30, 2019

No, that will have no impact at all on your case.

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2 Answers | Asked in Immigration Law for Indiana on
Q: 5 years ago when I was graduating, I Sponsored my mom and she got USA visa however they didn't visit USA ever.

Now my question is can they visit USA on that visa now which isn't expired yet. By the way my mom lives in India.

Please suggest

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Jan 30, 2019

If she has a multiple-entry B1/B2 visa that has not expired, yes, she can use that to enter at any time before expiration.

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1 Answer | Asked in Immigration Law for California on
Q: Parents in mexico were declined for residency, what are the chances the waiver will work, and how much is it?

They both live in mexico, I am a US Citizen, I already went through all the process and when they went to the US consulate in Juarez, they got penalized and declined due to overstaying more than 365 days and due to misrepresentation 212 a 6 c i, and 212 a 9 b ii, at the bottom it says they can... View More

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Jan 30, 2019

To be eligible for the waiver, they must be able to show extreme hardship to a qualifying relative. For purposes of the unlawful presence waiver, children are not qualifying relatives, only USC or LPR spouses or parents. So if there is no qualifying relative, they will have no option but to serve... View More

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