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California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: Can I marry my ex wife’s sister and bring her over here from Philippines?

Ok, I met my ex during the time she’s was going through divorce with her ex-husband. She’s Filipino American and just after 6 months of my first marriage with her we went to court and divorced.

Then, I met my ex wife’s younger sister but she is Filipino citizen resides in Manila, we... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on May 26, 2022

Your fact pattern raises alot of red flags that will undoubtedly receive extra scrutiny from immigration officers. Best to retain an attorney to handle the case.

1 Answer | Asked in Estate Planning, Immigration Law and Probate for California on
Q: If person died on May 1, 2022, by when must I file Petition for Probate, Form DE-111? Can I file it on Tuesday May 31?
Julie King
Julie King
answered on May 25, 2022

There is no set deadline by which to open probate, but filing sooner rather than later is always best because you need to gather a lot of information and things like bank statements are harder to get the longer you wait. So May 31st will be just fine. Best wishes!

1 Answer | Asked in Immigration Law for California on
Q: Im a US Permanent Resident but every time I go on vacation overseas and return Im always sent t secondary at the airport

Resident since 2007, zero criminal records, every time at the airport Im send to secondary. No questions but they make me wait like 10 minutes. Last time I had to ask. In 1996 I was a tourist and overstayed 3 more months. My friends dad worked for immigration and called agents on me. I was... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on May 18, 2022

Sorry to hear about this. However it sounds like the type of case that you need to talk with an immigration lawyer about before another overseas trip. You should take all documents related to the case where you waited in jail for a week. The lawyer will look at everything and advise about what is a... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Do I need to fill out Form I-407? If I do, can I reapply for Green Card

I am an NZ citizen. I have been married to a US citizen for 6 years. We lived in the USA together for 5 of those years but moved to NZ in 2021 due to a career opportunity for my husband. We are beginning to make plans to permanently move back to the USA, now that we have had a baby. I believe... Read more »

Namita Agarwal
Namita Agarwal
answered on May 5, 2022

You may need to apply for a returning resident visa rather than reapplying for residency altogether depending on the length of time you were outside of the US and the basis for the departure. Best to consult with an attorney for guidance.

1 Answer | Asked in Immigration Law for California on
Q: My wife is a Canadian citizen, & just received her Green Card on 02/11/22. Is she required to spend 180 days in the U.S?

Presently she is in the process of taking care of personal details and this may impact those 180 days. Would there be a problem if she does not spend 6 months here in the first year?

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on May 2, 2022

Congrats to her. She can return to Canada to finish her business there. If she stays out of the USA for more than a year that is when she will have a problem because US immigration may say she has abandoned her residency. She can seek specific legal advice from an attorney as there are things that... Read more »

1 Answer | Asked in Immigration Law for California on
Q: A person came here legally as a child and has stayed for 10 years. Can he apply for the Dreamers program?
Kevin L Dixler
Kevin L Dixler
answered on Apr 20, 2022

No. You must have been physically present in the U.S. since June 15, 2007 to qualify for what is known as DACA. However, a Texas Federal District Court suspended the DACA program. This is known as Deferred Action for Children of Aliens.

The DREAM Bill failed to get enough support in...
Read more »

2 Answers | Asked in Criminal Law and Immigration Law for California on
Q: U.S. District Court Violation Notice - "36 CFR § 4.22" - "Unsafe operation". What are my options?

I got a U.S. District Court Violation Notice in Death valley National park under - "36 CFR § 4.22" - "Unsafe operation".- "Failing to maintain that degree of control of a motor vehicle necessary to avoid danger to persons, property or wildlife."

1. What are my... Read more »

Joseph Abrams
PREMIUM
Joseph Abrams
answered on Apr 20, 2022

This is basically a federal traffic citation, most likely an infraction. Like other traffic citations, it could impact your DMV record and insurance costs. It's very unlikely to have any effect on employment or immigration. You can contest the citation if you believe there is a basis for doing... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: Do I have to complete forms I-693 and I-864 again for my green card interview?

My medical examination for my K-1 visa was completed on September 6, 2019 in my country of origin and my adjustment of status (Form I-485) documentation was received May 20, 2020 which was within the one year specified. I submitted a completed form I-864 with the adjustment of status package... Read more »

Agnes Jury
Agnes Jury
answered on Apr 16, 2022

If you want to avoid delay you could do the medical exam again because it is expired. But if you don't want to spend money potentially unnecessarily then you can wait to see if USCIS officers asks for a new medical exam during the interview. You would have to do the exam after the interview... Read more »

1 Answer | Asked in Criminal Law and Immigration Law for California on
Q: So my fiance is for deportation has a criminal record as a felon for drugs and gun charges i been with him for 4 yrs

Also considering he was tested for positive undetectable on 2010 we both have us citizens children and I'm a us citizen as well is there any hope for maybe stopping deportation and or ask for a forgiveness

Dale S. Gribow
Dale S. Gribow
answered on Apr 15, 2022

You need an immigration lawyer not criminal

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: I am CDL driver Canadian citizen, What are the requirements to come and work to the US as a commercial driver

I am a Canadian citizen and I work as a commercial truck driver, I would like to know the details how can I ask the TN Visa and what are the requirements to come and work as a CDL driver under an employer

Agnes Jury
Agnes Jury
answered on Apr 14, 2022

Unfortunately truck driver is not a profession that is eligible for the TN visa. Here is a list of professions: https://www.nafsa.org/_/file/_/amresource/8cfr2146.htm

Best wishes!

1 Answer | Asked in Family Law, Immigration Law, Child Support and Juvenile Law for California on
Q: im 17 years old and my mom forcing me to go back to my country. When i turn 18 can i come back to US?
David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Apr 11, 2022

In most countries, when you turn 18 you are considered an adult and can therefore make your own decisions. In the US, 17 year olds are still considered minors and therefore, unless you are able to get "emancipated" then you have to obey your family. Once you turn 18, you can apply for a... Read more »

3 Answers | Asked in Immigration Law for California on
Q: Muy buenas tardes yo soy colombiano. Entre con proceso de asilo y estoi. En busca de. Un abogado

Y poder sacar. Mi permiso. De trabajo

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Apr 10, 2022

Hola. Cuando completando los papeles luego USCIS da el permiso a trabajar pero es muy importante a enviar todos que es necesario inmediatamente. Tiene un ano a preguntar por asilo.

Buenas suerte

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1 Answer | Asked in Divorce and Immigration Law for California on
Q: Hi, I want to discuss with attorney about divorce case and immigration

My husband who is US citizen and want to file a divorce. I am a condition green card holder. Will the divorce affect my application process for removing my green card condition?

Agnes Jury
Agnes Jury
answered on Apr 8, 2022

Yes. It getting divorced will affect removing the condition on your green card. You should consult with an experienced immigration attorney as soon as possible. If you can't afford a consultation, some attorneys offer limited free consultation. You can find an attorney here on Justia.com,... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Do underage children get visas as derivatives of the Immigrating Parent when American citizen files I-130 for a parent?

Petitioner is an American citizen

Kevin L Dixler
Kevin L Dixler
answered on Apr 5, 2022

No. Each child must be petitioned as fourth preference siblings, then wait for the priority dates to become current. That can take years, even decades. If the parent comes first, then this can cause challenges for the children in that they must be separated from their parents. There may have... Read more »

1 Answer | Asked in Immigration Law for California on
Q: As an American citizen, do underage children get a visa when filling for parents?
Agnes Jury
Agnes Jury
answered on Apr 4, 2022

Your question does not make sense. You need to provide more information and explain better. Who is applying and for what type of visa, etc. Best wishes!

1 Answer | Asked in Immigration Law for California on
Q: what happens if you overstay LESS THAN 180 days your visa (I-539) due to covid usa? Can i travel to USA again without ?
Agnes Jury
Agnes Jury
answered on Mar 27, 2022

Here is a good article on that answers your question: https://www.alllaw.com/articles/nolo/us-immigration/can-visa-overstay-be-forgiven.html

Best wishes!

1 Answer | Asked in Immigration Law for California on
Q: son 16, born in the US from perm.resident father and inmigrant mother (domestic violence 2015) how to get his green card

starting college application and is requested green card,

Stanley Dale Radtke
Stanley Dale Radtke
answered on Mar 9, 2022

If someone is born in the United States, then by birthright, they are US citizens, regardless of the immigration status of the parents. Just obtain a copy of the birth certificate showing they were born in the US. That establishes US citizenship.

1 Answer | Asked in Criminal Law and Immigration Law for California on
Q: What will happen to my ex-boyfriend who has 3 criminal cases and he has already been deported once in 2014?

He has been here illegally now in California since 2017. He got arrested last July 2021 while listening to loud music and drinking in a parked car in front of his house. Neighbors had called the police. Spent about a day in jail. I guess he had outstanding warrants. One charge was for... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Mar 8, 2022

SINCE HE HAS BEEN TO COURT HE MUST HAVE A LAWYER.

S/HE IS THE PERSON WHO WILL HAVE ALL THE INFO AND BETTER UNDERSTAND THE SEVERITY AND CONSEQUENCES OF THE CASE IN SANTA CLARA...........I AM IN PALM SPRINGS

1 Answer | Asked in Immigration Law for California on
Q: My wife has I-130 approved outside usa, but Removal proceeding pending in san francisco Immigration court

Can she go ahead and do the visa application and take interview outside usa.

Kyle K. Morishita
Kyle K. Morishita
answered on Mar 8, 2022

No, your wife should not depart the United States until the immigration judge terminates your wife's removal proceedings. Prior to departing the country, your wife should also verify she is admissible and her departure will not trigger any grounds of inadmissibility.

3 Answers | Asked in Immigration Law for California on
Q: I became a USA citizen last year. I have a 4 year old son in Costa Rica I want to petition to bring here with me.

My 4 year old son currently lives with his mom in Costa Rica but I would like to bring him here with me if possible, how can I get him residency or citizenship.

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Mar 2, 2022

Hello!

There is a provision where possibility your child could already be a citizen so you should speak with a lawyer urgently to find out. Since you became a citizen and he is still under 18, the lawyer would look at things like if you are married to his mother, have legal custody and so...
Read more »

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