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Immigration Law Questions & Answers
Q: I had a dui 4yrs ago. I been a permanent resident for 9 yrs and my green card will expire in December 2019.
Kelli Y Allen's answer
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 you were put on probation for a year, you would need to wait 5 years from the date you completed probation before submitting the naturalization application to be outside the 5-year GMC period.
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 you were put on probation for a year, you would need to wait 5 years from the date you completed probation before submitting the naturalization application to be outside the 5-year GMC period.
Q: My mum filed for me and now my fiancé want to file bring me to USA how will that work
Kelli Y Allen's answer
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 your situation.
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 your situation.
Q: I need help
Kelli Y Allen's answer
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.
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.
Q: Divorcio Bigamia infidelidad
Kelli Y Allen's answer
If possible, please re-post your question in English to have the best chance for a response.
If possible, please re-post your question in English to have the best chance for a response.
Q: Good Morning, Attn: Regarding immigration lawI am currently living in Colombia and plan to move back to Minnesota.
Kelli Y Allen's answer
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.
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.
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)
1 Answer
| Asked
in
Civil Litigation, Immigration Law and Medical Malpractice
for
Oregon
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Kelli Y Allen's answer
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.
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.
Q: If my family member is in the middle of getting deport and me in the military is there anyway I can help them?
1 Answer
| Asked
in
Family Law, Immigration Law and Military Law
for
Texas
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Kelli Y Allen's answer
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.
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.
Q: report about a criminal background for an applicant( NOT ME ) who applied for Citizenship with USCIS
Kelli Y Allen's answer
Immigration does a full FBI background check on all applicants. To my knowledge there is not a process for other people reporting this information.
Immigration does a full FBI background check on all applicants. To my knowledge there is not a process for other people reporting this information.
Q: What restrictions are there for Employment based Green Card holder to additionally invest into Stocks or Real Estate?
1 Answer
| Asked
in
Employment Law, Real Estate Law and Immigration Law
for
New York
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Kelli Y Allen's answer
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".
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".
Q: F1 Student, re-entry, new i20, new SEVIS
Kelli Y Allen's answer
I recommend hiring and immigration attorney who can fully analyze the issue and offer suggestions.
I recommend hiring and immigration attorney who can fully analyze the issue and offer suggestions.
Q: So how can I re-open my case again so that I can clear my name?
Kelli Y Allen's answer
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.
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.
Q: My K1 Visa was denied under section 221(g). Please assist..
Kelli Y Allen's answer
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.
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.
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?
Kelli Y Allen's answer
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 someone's mind on a a certain date. To avoid that issue if you get married while he's he, he should leave at the end of the 90 days. In the interim, you can start the spousal visa process. I strongly suggest...
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 someone's mind on a a certain date. To avoid that issue if you get married while he's he, he should leave at the end of the 90 days. In the interim, you can start the spousal visa process. I strongly suggest...
Q: Singapore national (green card) Married Texan 7 yrs. should divorce atty know immigration laws?
Kelli Y Allen's answer
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.
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.
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's answer
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.
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.
Q: My green card expires in 11 months. Do i still have time to file the application for citizenship and receive an answer?
Kelli Y Allen's answer
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 app, you could renew GC at that point just as a back-up.
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 app, you could renew GC at that point just as a back-up.
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+.
3 Answers
| Asked
in
Criminal Law, Divorce, Family Law and Immigration Law
for
Oklahoma
on
Answered on Jan 20, 2019
Answered on Jan 20, 2019
Kelli Y Allen's answer
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.
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.
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
Kelli Y Allen's answer
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 a visa number quicker.
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 a visa number quicker.
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