Skip to main content
Allen Curtis Ladd
Avvo
Pro

Allen Ladd’s Answers

73 total


  • Asylum case. deferred to the court. master hearing 2019. any ways to expedite the case? and the hearing date?

    we are from nepal and my husband's village has been affected by the earthquake. but we filed political asylum.

    Allen’s Answer

    Consult with an immigration lawyer who handles cases ("removal" or "deportation" cases) in immigration court. He or she might be able to file a request with the court, to have the master hearing "calendared" or scheduled at an earlier date.

    See question 
  • USPS lost my Permanent Residence card.

    The USCIS recently sent me my Permanent residence card in a 2-day Priority mail via USPS. As per the tracking number the card was scanned/delivered on May 20, but i haven't received it. Went back to local USPS office to inquire about the mail deli...

    Allen’s Answer

    The Postal Service may locate it -- it's been less than one week. Have you spoken to a supervisor? We did that once, same situation for a client, and the parcel turned up. Suggest doing that and giving the matter another 2-3 weeks.

    To answer your other question, in my experience USCIS will not waive the filing fee for a lost (or stolen) green card. If you are unable to pay the filing fee, you can file a fee waiver application: http://www.uscis.gov/feewaiver

    See question 
  • IMMIGRATION ASYLUM ASSISTANCE PLEASE

    Help I need to apply for asylum its very easy case because im in religious group that is being persecute by the goverment. Arrive in US on visitor visa 9/2014, Join religion that say goverment from my home country persecuting obvious have...

    Allen’s Answer

    Your posture is going to make it difficult to find a lawyer who can ably represent you. I suggest you search in the internet for "immigration assistance non-profit foundation" and follow the links that turn up. Good luck.

    See question 
  • Immigration

    My ex basically married me for a greencard. When I discovered he was cheating, I left him before the two year conditions were up. We have a child and he decided to quit paying child support. He is in deportation proceedings. How will this effect h...

    Allen’s Answer

    First, I'm sorry for you that this happened to you. You must be wondering how he can come through deportation (aka "removal") proceedings, and beat a removal order, despite his failing to treat you responsibly. Well, the other lawyers are right, he probably won't be deported. But not necessarily a bad thing. Please read on.

    In a nutshell, it'll be better to have your ex in the USA, where you can enforce child support obligations against him, instead of deported which would likely put him out of range of the Calif. divorce court.

    You call him your "ex" so I assume you are already divorced. If so, hire a lawyer and sue him for back child support. He certainly wants to stay in the USA, so he's not going to leaving, and sooner or later he'll be forced to pay up and keep current on his payments.

    Hopefully he will step up, and he will take an interest in maintaining good relations with his child, and reasonable visitation can be arranged -- a bargaining chip, because he will need to keep up child support to be able to continue his visitation.

    See question 
  • Can I enter to USA before the intended entry date what I put in DS-160 form (for H1B visa stamp) ?

    Hi, I have been working in a University in H1B status since August 2014. It's valid until 2017. Recently, I had to travel outside of USA and got a new H1B visa stamp this week. Since I was thinking it may take 5-7 days to get the pas...

    Allen’s Answer

    If you are not already on an airplane back to Myrtle Beach, you may go now. The DS-160 date was your estimate, the issuance date on the visa is what matters.

    See question 
  • Immigration Visa Information................................................................

    My girlfriend is here visiting the USA on a tourist visa which expires in 1 month. Can I go forward and apply for a fiance visa while she is here? We will not be ready for marriage for another 7-9 months. I hear the process could take several mont...

    Allen’s Answer

    As you can see from the other attorneys' answers, she gets to keep her tourist visa. If she comes to visit you before her K-1 fiancée visa is approved, she can use her tourist visa, but the US customs/immigration personnel will likely challenge her intention to come for a short visit, because their computer will tell them that she has been sponsored for a fiancée visa. Important: Whatever she does, at this point, she MUST be absolutely honest and truthful. Any false statement or misrepresentation about her intent will create a permanent bar (obstacle) and could prevent her from coming to the United States, even if the fiancée visa is approved. It will be part of her permanent record. There is a way to apply for a waiver, to excuse fraud, but it is very difficult and expensive. Suggestion: Why don't you consider visiting her, instead, until she has the fiancée visa?

    See question 
  • Tourist Visa for my mom?

    Im a permanent resident of the US and I would like my mother to come visit me for a month or 2. She lives in Mexico. What needs to What time can you meet today for the Luvs? At red lobster done so she can come to visit on Tourist Visa?

    Allen’s Answer

    It would be helpful, to show she intends to return to Mexico -- and is only coming for a short-term visit -- for her to present an employment letter, bank account statement, proof she owns property and pays taxes in Mexico, and proof that she has other children (and grandchildren) in Mexico. Have her bring a small photo album to the interview. It's likely that the visa personnel will not look at any of this, and may deny the visa application without giving your mother a fair chance. But if you have a sympathetic visa staffer, he or she will appreciate the efforts your mother is making to prove that she has strong ties to Mexico. A ustedes muy buena suerta.

    See question 
  • Biometrics ID

    I am Indian born but don't have any photo ID or passport of my country or any other state ID.I only have birth certificate and PAN card of my country. what can I do to get my biometrics done. please advise.

    Allen’s Answer

    I agree with the other responses.

    What steps have you taken to obtain a new Indian passport? It will most likely be necessary to have one in the future, regardless of the US immigration benefit you are applying for.

    See question 
  • H1B portability from non -cap to cap - subject employer; How it works?

    I am working with H1B cap exempt employer. Now turn down to part time with budget cuts. One cap-subject employer ready to hire me but he can not as full time but rather on contract or part time. My question is if I hold concurrent h1b from both ca...

    Allen’s Answer

    I believe you are locked out of the cap-subject H-1B for now. I don't believe the current cap-exempt visa can be used as a basis for numerical exemption -- although it is technically an extension of status -- because you have never "claimed" a cap-exempt visa in the past. Maybe another immigration lawyer can weigh in on this with positive information for you; I hope so.

    See question 
  • Travel on H-1B while I-485 is pending

    I am on an H-1B visa and my I-140 was just approved. My I-485 was submitted at the same time as the I-140 and is still pending. Can I travel during this time? I do not think it is necessary to file forms for advance parole as I am on H-1B but wa...

    Allen’s Answer

    You may travel during this time, as long as you have an H-1B _visa_ stamped in your passport and you are traveling during the validity period of the visa ... and your passport will not expire in the next 6 months after the scheduled arrival date. A good idea to have a current employer letter, and copy of the H-1B (Form I-797) approval notice, as well.

    See question