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Questions Answered by Kelli Y. Allen
2 Answers | Asked in Arbitration / Mediation Law and Child Custody for North Carolina on
Q: Which would be better for me... I truly can’t afford a lawyer but I want to see my child. mediation or other?

I am currently struggling to see my child. The other parent makes to many hoops and I jump but still nothing. I can afford a lawyer at the time. I was curious as to going about filing for mediation. I just want my rights as a father to see my child. Nothing out of way or anything like that. I do... View More

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

Mediation can be very effective. I recommend trying mediation as early in the process as possible, as you can save a lot of time and money if it works. You don't indicate whether there has been a court filing yet, but if so, the judge will actually order mediation. If a court case has not... View More

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1 Answer | Asked in Divorce, Family Law and Immigration Law on
Q: Divorcio Bigamia infidelidad

Buenas tardes mi esposo quiere el divorcio estoy casada hace 7 años en colombia y nos casamos en estados unidos nuevamente en junio del 2018 ahora dice que no tiene derechos legales conmigo yo estoy en colombia el no me da dinero ni tengo seguro médico. El cometio bigamia estado casado conmigo.... View More

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

If possible, please re-post your question in English to have the best chance for a response.

1 Answer | Asked in Immigration Law for Minnesota on
Q: Good Morning, Attn: Regarding immigration lawI am currently living in Colombia and plan to move back to Minnesota.

We will be moving in 2020 and are wondering the best route to take for him to enter the country. I do not think he will be granted a visitor's visa, therefore would the best route be a fiance visa or with a spouse visa?

Thank you for any insight,

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

Is the person you're referring to your boyfriend/fiance? If so, you can marry in Colombia and file a spousal visa petition. The process takes about a year and a half, so it that's the route you are going to take, it would make sense to file as soon as possible.

1 Answer | Asked in Civil Litigation, Immigration Law and Medical Malpractice for Oregon on
Q: officer performed a sternum rub on me at a hospital while I was sleeping ,can I do something about it?(a lot more to it)

he kept going even after I got up from my bed as he kept saying " come on man up" mind I was in ICU, also there was a nurse/dr watching while he did this, this officer left this out of the police report but put everything else in it. theres more that I can discuss if there is something,... View More

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

I'm sorry to hear of your experience, but this is not an immigration issue. I suggest speaking with a civil attorney and also contacting the police department to request that the report be modified to include all relevant information.

1 Answer | Asked in Family Law, Immigration Law and Military Law for Texas on
Q: If my family member is in the middle of getting deport and me in the military is there anyway I can help them?

My family member was recently detained by the police and he’s in the process of getting deported is there any way with me in the military do anything to help? If so what should I do ?

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

Not just by virtue of being in the military. But I suggest consulting with an immigration attorney who handles removal defense in your area to see if there are options.

1 Answer | Asked in Immigration Law for Texas on
Q: US citizen filed for Married daughter now Seperated

I filed for my daughter who resides in India in 2013. I was a US citizen and she was married with kids while I filed the petition under, “married sons and daughter above 21..” My daughter has been seperated from husband for approximately two years now and has not filed for divorce. Is she... View More

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

No, not unless and until she is actually divorced.

1 Answer | Asked in Domestic Violence for North Carolina on
Q: Does stay away within a 100 yards include no contact? For assault on female?
Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 22, 2019

Most likely, yes, but you need to look at the actual order and see the specific stipulations.

1 Answer | Asked in Immigration Law for Texas on
Q: report about a criminal background for an applicant( NOT ME ) who applied for Citizenship with USCIS

I would like to report about a criminal background for an applicant( NOT ME ) who applied for Citizenship with USCIS about an year ago. I do NOT know the applicants case number with USCIS but a domestic violance case is filed last week against the applicant.

I want to report the criminal... View More

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

Immigration does a full FBI background check on all applicants. To my knowledge there is not a process for other people reporting this information.

1 Answer | Asked in Employment Law, Real Estate Law and Immigration Law for New York on
Q: What restrictions are there for Employment based Green Card holder to additionally invest into Stocks or Real Estate?

Dear Attorneys,

I would like to understand what are the law regulations and restrictions from investing into Stock Market or Real Estate properties (buy and hold) (multi family) for passive income for Employment-based Green Card holder (with IT specialty).

How passive income is... View More

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

From an immigration law standpoint, as long as you are not doing anything to earn the income, you're fine. So you can own property, invest in stocks, etc. but you can't be "working".

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: F1 Student, re-entry, new i20, new SEVIS

I'm an F1 student who unknowingly engaged in unauthorized work with some employer previous semester. When I came to know about this being a violation, I immediately reported to my immigration department at the college. They are stressing me to take new i20 and make a short re-entry to the US.... View More

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

I recommend hiring and immigration attorney who can fully analyze the issue and offer suggestions.

1 Answer | Asked in Criminal Law and Immigration Law on
Q: So how can I re-open my case again so that I can clear my name?
Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 22, 2019

If you have a criminal case/conviction, you need to contact an experienced criminal defense attorney to discuss options. If a criminal conviction has caused immigration issues for you and you are able to get the case reopened and dismissed, then contact an immigration attorney for options.

1 Answer | Asked in Immigration Law for Georgia on
Q: My K1 Visa was denied under section 221(g). Please assist..

My fiancé had his K1 Visa interview on January 17,2019 but was told to return today, January 22, 2019, because they needed proof that I was pregnant and lost my child after about 3 weeks into the pregnancy. They told us to either give up the petition or file again under CR1 Visa. What should I do?... View More

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

This is not something that can be adequately addressed in a Q&A. You need to have a full consultation with an experienced immigration attorney who can analyze the case and discuss options. This is not something you should try to handle on your own.

1 Answer | Asked in Immigration Law for Tennessee on
Q: My boyfriend is coming on the 90 visa we have not planned to get married but if it did happen will we get in trouble?

My bf is coming on a 90-day visa to see how he likes it here in the US. We met in Ireland and he is taking a 90-day work break for the trip. though we have talked about getting married one day. the intention of the trip is for us to spend some real time together rather than just 1-2 weeks... I am a... View More

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

You can decide to get married while he is here. The issue that could arise would be if he tried to apply for permanent residency while here. Immigration officials would likely question his intent (was that the plan all along) when he entered. It's very difficult to prove what was in... View More

2 Answers | Asked in Divorce and Immigration Law for Texas on
Q: Singapore national (green card) Married Texan 7 yrs. should divorce atty know immigration laws?
Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 21, 2019

I am not sure exactly what your question is, but I would not expect most family law attorneys to know immigration laws and more than immigration lawyers would tend to have an in-depth knowledge of family law.

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1 Answer | Asked in Immigration Law for Texas on
Q: Hi I'm a green card holder I just got married and left my wife in Africa how can she join me here ASAP? Regards
Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 21, 2019

In general, you file a spousal visa petition. It's a two-step process that takes about a year and a half if there are no complicating factors. To make the process go as smoothly as possible, I suggest retaining an immigration attorney to handle the case on your behalf.

2 Answers | Asked in Immigration Law for California on
Q: My green card expires in 11 months. Do i still have time to file the application for citizenship and receive an answer?

Trying to apply for citizenship before my permanent resident card expires in December 2019

Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 20, 2019

Yes, if you are eligible to naturalize, this is a good time to apply. Your chances are good of having the naturalization application processed this year. As a backup, if you get to about 3 months of your GC expiring and you still haven't received an interview notice for you naturalization... View More

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2 Answers | Asked in Criminal Law, Divorce, Family Law and Immigration Law for Oklahoma on
Q: Will this law protect us? If me and my mother are not yet citizens, but we do have green cards, and residents for 10yr+.

My step-father verbal abuse us for many years, and we have some of them recorded. We are residents in Tulsa for over 10 years.

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Jan 20, 2019

I'm not sure of your questions, but as long as you are permanent residents, you don't need to worry about an immigration issue. You may want to consider applying for naturalization.

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1 Answer | Asked in Immigration Law on
Q: my visa was changed from f2a to f2b mind you that I was 19 when my dad applied. what should I do? its been 4 years now

My dad is a resident is the states.He applied for my visa when I was still under 21 at first everything went well I also received an email notifying me that I should wait 60 days to get my interview date, but in April two months after receiving this email I turned 21 and after 5 months I was... View More

Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 20, 2019

At this point it is too late to see if the child status protection act might have allowed you to use the visa number when it because available. You only a year to pursue that action. At this point all you can do is wait unless there is another person who could petition in a category that may have... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: we filed an n600 r under section 322 of the INA. USCIS is questioning my wifes physical presence requirement.

She is naturalized. they are saying the physical presence have to be met prior to the childs birth. That is not what it says in the instructions or definition of section 322, it stated proof she she has been in the US over 5 years. We filed to get her son citizenship, he lives in the philippines.... View More

Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 19, 2019

There is a lot of confusion over this area of the law, and the statute has changed several times. There are different requirements depending on the child's date of birth. This issue needs to be address through a full consultation with an immigration attorney.

2 Answers | Asked in Immigration Law on
Q: Question about re entry to US!?

Hi, me and my wife are asylum seekers. We left US couz of emergency. Before that we filled travel document form and were about to wait as much as we need to but we had to leave becouse of illness one of my family members. Is there any way i can get back to us?

Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 19, 2019

You would need to have you case fully reviewed by an immigration attorney to determine what options you may have.

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