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Questions Answered by Kelli Y. Allen
2 Answers | Asked in Immigration Law for Arizona on
Q: I am 17 years old I came to the US when I was 4 then my visa expired. Can I marry my Bf that is a citizen when turn 18?

Or is there anything else I can do that doesn’t take that long ??

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

Is your boyfriend a US citizen? If you are asking in an immigration context, once you marry he can file a petition on your behalf and you may be eligible to adjust status (go through green process without having to leave the U.S.) As long as you are legally married, there is no requirement that... View More

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1 Answer | Asked in Estate Planning for North Carolina on
Q: Trying to close estate of my father who died 5 years ago. He died with two assets, an old car and motorcycle in parts.

We sold them to cover cremation and memorial. We have gone to the court four times. The clerk keeps sending us out to get proof we can't get, like registration of car sold to guy in SC. Our mother has a very old joint debt with our deceased father. She has paid 3000.00 to resolve this but... View More

Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 27, 2019

At this point, you probably need to seek assistance from a probate attorney just to get this resolved and the estate closed.

1 Answer | Asked in Immigration Law and Tax Law for North Carolina on
Q: My wife worked with a itin number last year.If I file a i130 petition for her will that be a problem in the near future?
Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 27, 2019

If you are a U.S. citizen, no that would not be an issue .

2 Answers | Asked in Immigration Law for Colorado on
Q: My DIL's green card expired. My son, her husband/US citizen, passed away. 2 kids US born. What can she do 2 renew card?

She came to the US when very young, with her father, who is now a US citizen. She needs benefits due to my son's unexpected death but is afraid to do so. She had planned to take the citizenship test but that went by the wayside. I'm trying to get information for her to help her out.

Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 27, 2019

She can still renew. Once she has the new card she can apply for naturalization.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: How can my K1 visa spouse get a NC license while waiting on change of status? Is he able to obtain a GED?

We're waiting on the marriage certificate and want to apply for green card and work permit. We also want to see if he can get a driver's license and enroll into a GED program in the meantime.

Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 27, 2019

I suggest you retain the services of an immigration attorney to get all the paperwork done while you're waiting for the marriage certificate so that all the applications and supporting documentation can be filed as soon as the marriage certificate is available. Part of the adjustment of... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My brother was made the executor or trustee of the trust when my parents died and we are going to split up the property

There are three of us and three properties and we each agree to take a certain one. What is the easiest way to change title of the deeds

Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 26, 2019

You could check with an estate planning/probate attorney if there are other issues. Otherwise, just have a real estate attorney handle the drafting of new deeds.

2 Answers | Asked in Immigration Law on
Q: If I marry my girlfriend in the USA what happens next how can I get a visa to stay with her

My girlfriend is a American citizen born and bred USA I’m from England.

Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 25, 2019

That depends on several factors. It's possible that you would be able to adjust status (process of obtaining permanent residency from within the U.S.) or you may need to leave and process through the consulate. I suggest a full consultation with an immigration lawyer to discuss the options.

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1 Answer | Asked in Immigration Law for Florida on
Q: Hello, Me comunico por esta vía, para solicitar de su valiosa colaboración, explico a continuación mi situación

Good morning…

I communicate in this way, to request your valuable collaboration, I explain below my situation, I am an American citizen born in California, however my family moved to Venezuela when I was 4 years old, there I grew up, in January of this year I moved to the USA, I have 2... View More

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

You need to have a full consultation with an immigration attorney to make sure they are eligible to adjust status and to make sure they are not already US citizens.

1 Answer | Asked in Immigration Law for Texas on
Q: MY GREEN CARD EXPIRED A FEW MONTHS AGO. WHAT PROBLEMS CAN I HAVE IF I APPLY FOR A RENEWAL? THANKS

I APPLIED ALREADY FOR MY CITIZENSHIP. I DID THE BIO-METRICS AND NOW I'M WAITING FOR THE INTERVIEW (ESTIMATED 19 MONTH WAITING FROM TODAY)

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Jan 24, 2019

You should apply for the GC renewal. You are required to have 6 months remaining on your green card when you apply for naturalization.

1 Answer | Asked in Immigration Law for New York on
Q: me and my husband are citizens of the u.s. if his siblings have been applies for visa, do i have any say to terminate?

They have been applied for visa and currently there case is at nvc

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Jan 24, 2019

No, you do not have any ability to impact their case unless you have signed on as a joint sponsor.

1 Answer | Asked in Business Law and Immigration Law for California on
Q: I want to trade stocks, but my parents are not u.s residents but applied for visa i-918. Im 16.

They got applied and are waiting for a response but its been since last year February. I wan't to trade but a lawyer said that we run the risk of the government assuming my parents are tax evading. Especially since things are tense present time.

Thanks for reading & taking your time to respond!

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Jan 24, 2019

From an immigration perspective , there is not an issue, but I cannot speak to any tax implications.

1 Answer | Asked in Immigration Law and Child Custody for North Carolina on
Q: Hi I wanna check my wife is on H4 i need to cancel

In July there was a domestic violence case against her i had filed where she had physically abused me. I had withdrawn the case and she was asked to go for counseling classes for a year.since she was pregnant considering she would change are being in jail. But i dont see any change in her now she... View More

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

I'm not sure what your exact question is. I recommend contacting a family law attorney to deal with the custody issue first. If you decide to divorce, that will resolve the H-4 issue as she would not longer be an eligible derivative.

2 Answers | Asked in Immigration Law for Virginia on
Q: Should I contact USCIS and notify that I am no longer staying in the US?

I have filed form Form I-539 to extend my tourist visa. I have received my confirmation notice and my case has been pending. I went back to my country. The case is still pending. Should I contact USCIS and let them know that I am no longer staying in the US? I am planning on going back to US this... View More

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

Yes, you should notify USCIS that you have left the U.S. and wish to withdraw you application for extension.

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1 Answer | Asked in Immigration Law for California on
Q: I've been a lpr for 15 years. I want to apply for naturalization, but had a deportation order in 1968 Could I be denied

Back in 1968 I came to the US with a tourist visa and stayed for a longer period of time. I was issued a deportation order and went in front of a judge and we agreed that I was going to leave on my own by a certain date. I left as he requested. Later in life I applied for Legal permanent residency... View More

Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 23, 2019

You should absolutely engage the services of an experienced immigration attorney to fully analyze your case.

2 Answers | Asked in Immigration Law for Kentucky on
Q: How will the break in diplomatic relations between the US and Venezuela affect my partner in getting his K1 visa?

My partner has had his interview for the K1 visa at the US embassy in Caracas. He only needs to submit his medical results along with his passport for the visa to be affixed. He is ready to submit those results but my concern is how will the rupture in diplomatic relations between the two countries... View More

Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 23, 2019

If the U.S. embassy there closes, yes, he would have to process in a neighboring country and that would likely cause a significant delay. Otherwise, as long as the consulate is open, processing should continue as usual.

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1 Answer | Asked in Immigration Law for Arizona on
Q: Got approved in the interview 4 months ago, but did not reiceve the card. Is it normal?

I went to my interview in September and the officer told me that my green card was approved and that I would receive my card within a month. However, after a couple of weeks I received a notice stating that my case was transfered to another office (in Texas). It has been 4 months since the... View More

Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 23, 2019

That is unusual and I have not heard of a case being transferred to another office after the interview unless you moved prior to the case being approved. Try placing a service request with USCIS or making an InfoPass appointment to see if you can get more information.

1 Answer | Asked in Immigration Law for Georgia on
Q: In this situation with multiple 1-30 form and one is denied will the other be relevant

When mother filed for child and waiting for visa and fiancé also file and if fiancé visa is denied will the 130 from the mom be revoked

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Jan 23, 2019

I need a little more detail to really answer, but in general, each I-130 stands alone so one could be denied and another approved. It just depends upon the situation.

1 Answer | Asked in Immigration Law for California on
Q: I had a dui 4yrs ago. I been a permanent resident for 9 yrs and my green card will expire in December 2019.

Can I apply for citizenship? Or do I have to wait for 5 yrs after my dui. If I have to wait longer, do I have to renew green card and the apply for citizenship?

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Jan 23, 2019

You can apply but run the risk of being denied based on lack of good moral character because of the DUI conviction (assuming you were convicted/pleaded guilty). I advise waiting, not just 5 years from the incident date, but 5 years from the date you satisfied all conditions in the judgment. So it... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: My mum filed for me and now my fiancé want to file bring me to USA how will that work
Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Jan 23, 2019

If your mom has only filed an I-130 and you are still waiting on a visa number, then you're better off proceeding with a fiance or spousal visa and the previous I-130 will be irrelevant. I suggest having a full consultation with an immigration attorney to discuss which option is the best for... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: I need help

I lived illegally in USA 7 years ago. Never got a problem. I came back to my country and now I got offer a work permit for Canada as a truck driver to go from Canada to USA and VS. Would the fact that I lived in USA in the past be a problem to enter with a work permit for working purposes only?

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Jan 22, 2019

Yes, that is definitely a problem. You will not be able to enter the U.S. legally without a waiver for the unlawful presence. You should seek the assistance of an experienced immigration attorney.

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