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Allen Curtis Ladd
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  • What are the pros and cons of applying for EAD under TPS (Temporary Protection Status; Nepal) vs under OPT for an F1 student?

    In addition, is applying for EAD under OPT and applying for TPS authorization without EAD an option? Will TPS authorization without EAD allow one to exit and reenter the US under advance parole while working under OPT?

    Allen’s Answer

    EAD under TPS will be valid:

    (a) for as long as the TPS designation lasts, with renewals of course; and
    (b) for employment (or self-employment) wherever, and for whomever, you wish to work.

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  • O1 visa approved but firm is not hiring me. Options?

    I was on H4 visa. A startup firm said they would hire me on O1 visa and had me pay money for all the lawyer fees. My O1 visa got approved in July but the startup delayed in my hire and told me to wait a few months before joining as they were waiti...

    Allen’s Answer

    Consult with an experienced immigration attorney about your options.

    Speaking pursely at a hypotehtical level: An approval at the O-1 level may possibly suggest potential for an employment-based case, on one's own merits and one's potential to bring a significant benefit to the United States. The O-1 has, theoretically at least, a possible analog or parallel in the EB-1 (employment-based first-preference) category.

    You must seek confirmation through a consultation, as a vetting process, answering the lawyer's questions to see if you might qualify for one of the several categories that are reserved for individuals who have attained a high level of recognition for achievement in their field(s) of endeavor.

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  • What does approval for i-192 mean during u visa process?

    I applied for uvisa September 2013, did my biometrics December 2013 received a letter putting me on the waiting list around may 2014, my work permit I believe in June or July 2015 and was only for 6 months. I re applied for a work permit again and...

    Allen’s Answer

    • Selected as best answer

    To echo my coleagues, the I-192 approval is good news, because it means that you have received a type of "clearance" that you can use in the future, when your U visa-status application (Form I-918) is approved, Please read on.

    Specifically, the I-192 approval will help you in two ways:
    (1) When the I-918 is approved, you will "automatically" change your status (immigration permission) to U visa status, without having to leave the USA.
    (2) And, with the I-918 approval notice, you may leave the USA and apply for a U visa at a US consulate in a foreign country. You would do this, for example, if you need a visa to travel in and out of the United States. Caution: If you leave the US, even for a day, you must be approved for the U visa in order to return. Then when you return, you will resume you U visa "status" (permission).

    The I-918 approval is good for 4 years. When you have been in U visa status for three years, you may apply for permanent residence.

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  • Is there any option for students to take admission in county college if they don't have status or pending status?

    U visa filled in Feb 2015,Biometrics done.

    Allen’s Answer

    In South Carolina, the law says that if someone does not have current immigration status, they will not be allowed to attend class in any public insitution of higher education -- college, technical college, or university. A "county college" by whatever name is, of course, a public institiution.

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  • Is Canada the U.S? or a territory like Puerto Rico?

    Can you please explained me

    Allen’s Answer

    May I ask, respectfully, the reason for asking this question? And how is it related to US immigration law?

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  • How long is my statement valid from the date of issue for USA student visa interview??

    How long is my statement valid from the date of issue for USA student visa interview??

    Allen’s Answer

    You didn't specify what you mean by a "statement." Assuming it is something you said or wrote in order to apply for a student visa, or any other immigration benefit, and also assuming it was recorded, and possibly made Under oath or certified to be true, then it will always be a part of your record. If you wish to change or retract or correct that statement, you should contact the authority to whom you made the statement, and do it in writing with proof that the statement (mailing) was in fact delivered to, and received by, the US authority in question.

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  • I lose right to get my green card due to inactive at emabssy , my son reapply for me and now i take my green card i heard tha

    i lose right to get my green card due to inactive at emabssy , my son reapply for me and now i take my green card ,i heard that waiting time to become us citizen will begin from the first green card that was inactive ,is this right ??

    Allen’s Answer

    Here is your answer: You statd that your son reapplied for you -- he filed a new family-based immigrant visa petition (Form I-130). This was a new case. Your green card is based on this new case. Your period of continuous residency and physical presence for naturalization/citizenship purposes cannot relate back to an earlier, terminated case. It is based on the case which got you the green card.

    A tip for naturalization: When you have been a permanent resident for 4 years and 9 months, not the full 5 years, you may be eligible to file your application for naturalization.

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  • Can my conditional resident mother petition for me?

    My mom recently received her conditional green card, can she petition for me now? or do we have to wait the 2 years until she no longer has the conditional green card.? I am a single 26 year old.

    Allen’s Answer

    As my colleagues have answered, YES, your mother may file I-130 to petition for you. However: It will be several years before you will be able to apply for permanent residence, based on these facts. I am assuming you are not married, for this discussion. Your future case, based on your PR mother's Form I-130 immigrant visa petition, is what is termed "Family-Based 2B" and for most countries, there is about a 7-year backlog for "FB2B." It is about 20 years, currently, if you were born in Mexico, and about 11 years if you were born in the Philippines. The backlog is a result of the limited supply of green cards for this category, against a much higher demand from families wishing to immigrate in this FB2B "preference category."

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  • H1 Transfer when H4 is extension is pending

    I-94 expiry date - April 10th 2015, Petition filed Feb 23rd 2015. We received RFE and have responded and I got my H1B Approved in September but for spouse it is still pending with USCIS. I got an offer and transferring my H1 from Employer A t...

    Allen’s Answer

    • Selected as best answer

    I defer to my colleague Andrew on his point. As a practical matter, I would advise, as part of your #2 H-1B case, that your spouse file his/her I-539 application to transfer H4 status, anyway, with supporting documentation. That documentation should include:

    * Proof of your spouse's Feb 2015 filing, and
    * Proof of (a) your Sept 2015 approval and (b) pending status of spouse's I-539.

    In other words, give USCIS more, not less, than what they need and walk them thru the evidence.

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  • Can my LPR mother file I130 & i485 for me i have DACA

    I came to the US when I was 11 on a visitors visa and accrued unlawful time until I got DACA in 2013 (23 years old) so I have DACA and I live in the US, I've gone back to my country in 2014 with an AP (that's the only time I've left the US) now ...

    Allen’s Answer

    First priority, keep your DACA, and be sure to renew it whenever you can. Do not let it lapse!

    About permanent residence: It will be several years before you will be able to apply for permanent residence, based on these facts. I am assuming you are not married, for this discussion. Your future case, based on your PR mother's petition (Form I-130), is what is termed "Family-Based 2B" and for most countries, there is about a 7-year backlog for "FB2B." It is about 20 years, currently, if you were born in Mexico, and about 11 years if you were born in the Philippines. The backlog is a result of the limited supply of green cards for this category, against a much higher demand from families wishing to immigrate in this FB2B "preference category." In any event, you have DACA "presence" (or "status" but that is an incorrect term) but that does not equal the legal status you must maintain in order to file Form I-485 in an FB2B case. You would have to get a new advance parole and then file I-485 as a parolee, before it expired (typically 1 year later).Otherwise you must visa-process abroad for an immigrant visa, as one of my colleagues stated.

    Let's assume that, instead of being in the FB2B preference category, you are an "immediate relative" -- for example, the spouse of a US citizen. There is no limit on the supply of green cards for immediate relatives, so in that case you could apply for either adjustment of status (Form I-485) or an immigrant visa, and your spouse would of course file Form I-130. Let's talk about adjustment now: Although it is true you left the United States after accruing (or accumulating) over 12 months of unlawful presence, and this would normally trigger a 10-year bar, which must be dealt with by a waiver of the 10-year bar, it will not apply because the courts have ruled that leaving on advance parole is not a "departure" to trigger the 10-year bar. So, it’s as if you never left. Since you came to the US on a visa (at age 11 as you said), you would be eligible to apply for adjustment of status or "AOS" for short. (Even if the 10-year bar did apply, you would still be eligible for AOS, and the waiver application would be filed as part of the AOS package.)

    To sum up:
    1. Keep your DACA safe -- it is your lifeline to legal presence in the USA!
    2. Applying for permanent residence through your mother will take time and extra steps, outlined above.
    3. Adjustment of status, to permanent residence, as an "immediate relative," is simpler. Of course, marriage is the most important lifetime relationship you will ever have, and I am in no way encouraging you to contemplate marrying. I'm just pointing out how your situation would change. By the way, if your mother became a US citizen, it would not cause you to become an immediate relative. Only unmarried minor (

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