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Questions Answered by Andrew Schach

1 Answer | Asked in Immigration Law for California on

Q: Could you please tell me if there is any update on asylum cases, which were filed May, 2015, after changes by USCIS

Andrew Schach answered on Aug 3, 2018

Thank you for your question.

There is not enough information provided to offer additional information. What changes by USCIS, do you have your I-797 receipt notice?

I suggest you reach out to an immigration attorney who will be able to offer additional assistance.

1 Answer | Asked in Immigration Law for California on

Q: My friend is coming to the US on a visitor visa. I want to surprise her with a marriage proposal. Is this visa fraud?

My friend does not know that i intend to propose marriage. I want to surprise her. Will this cause a problem for her visa adjustment? I do not want to Cause any problems for either of us.

Andrew Schach answered on Aug 3, 2018

Thank you for your question.

The answer is, it depends. There are possibilities for both visitor visa fraud and marriage fraud in your scenario.

If the individual received a visitor visa in order to come to the US, get married, and stay in the country, this would be fraud as the...
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1 Answer | Asked in Divorce and Immigration Law for California on

Q: I'm Canadian born,married American born husband in 2006, & I obtained American citizenship in 2015.He now wants divorce

Do I lose American citizenship? If not, am I allowed to move to a different state? Does this impose any limitations on me or my citizenship status?

Andrew Schach answered on Aug 3, 2018

Thank you for your question.

I am sorry to hear about your marriage. You have now received citizenship, therefore you are free to move and will continue to have your United States citizenship.

There are questions circulating on the news and social media about citizenship being...
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3 Answers | Asked in Immigration Law for California on

Q: Can I leave the country for short time during removal proceedings under these circumstances?

I am green card holder since Jan 2012. I have done my Master's at USC, CA (2011-13) and worked at Intel Corp (2013-15).

Since then I moved to India and have been maintaining my green card by visiting USA every 5 months. After getting married in Mar 2017, I filed for petition I130 for my... Read more »

Andrew Schach answered on May 30, 2018

Thank you for your question.

As the previous attorney stated, that travel schedule does not constitute maintaining your residency requirements. With that said, your immediate concern should be your notice to appear, as you are in removal proceedings, along with your wife and your future...
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3 Answers | Asked in Immigration Law for California on

Q: Can my parents become U.S. residents if they were ordered to be deported years ago and never left?

They have 4 children, all U.S. citizens. They also have U.S. citizen parents.

Andrew Schach answered on May 30, 2018

Thank you for your question.

There are many factors to this question that are not provided in the facts given. It is possible that your parents would be able to gain status, however, I would suggest you speak with an immigration attorney to review the case history of your parents. It...
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3 Answers | Asked in Immigration Law for California on

Q: Received USCIS approval letter for mom, Is there a time limit for the rest of process, considering travel ban?

if Travel ban wins in supreme court, is there any expiration of the approved petition? for how long can it seat waiting for the change in politics? Thanks

Andrew Schach answered on May 30, 2018

Thank you for your question and congratulations on the approval notice.

There will likely not be a revocation of the approved petition based on the travel ban, and there is a waiver that may be filed despite the travel ban.

However, the more important question may be why you are...
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4 Answers | Asked in Immigration Law for California on

Q: Reguarding petition for my wife for residency.

Hello I am a US citizen that wants to petition my wife for residency. My wife is currently a DACA recipient with a US citizen child and no prior criminal history that came to the US at 4 years of age. Do we need an attorney to present us and what are the chances of her getting penalized for being... Read more »

Andrew Schach answered on May 30, 2018

Thank you for your question.

There is a waiver available for the illegal presence, and based on the information you have provided, there is an opportunity for a successful application.

However, there are many factors that weigh in the process of a successful application. I suggest...
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1 Answer | Asked in Immigration Law for California on

Q: Hi, is there any consequences in traveling with an illegal immigrant if I am a permanent resident?

My friend (illegal immigrant) and I are planning on going to a festival outside the state, but I am afraid that if an officer stops us while traveling I might get my green card revoked. Is this possible? What is the best option for traveling with an illegal immigrant? Car, bus, airplane or train?... Read more »

Andrew Schach answered on Apr 11, 2018

Thank you for your question.

Unfortunately the revocation of a green card may be done by discretion, therefore I would not conjecture whether your scenario could lead to a revocation.

However, for your friend, I would remind them that traveling outside of California may lead to...
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2 Answers | Asked in Immigration Law and Legal Malpractice for California on

Q: The person we have helping our mother prepare her immigration papers is asking us to see a psychiatrist.

So I'm petitioning for my mother to get her green card. The problem is that my father and her keep insisting on using people that aren't lawyers to save money. My father's divorce with his former wife, who he hadn't even seen in 30 years, took almost 2 years. Finally they took my advice and got a... Read more »

Andrew Schach answered on Apr 11, 2018

Thank you for your question.

While I always advise using licensed attorneys, your family should consider the permanent repercussions of having inadequate representation and incorrect advice.

Further, the strategy behind what to file and how, are dependent upon specific information...
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2 Answers | Asked in Immigration Law for California on

Q: I'm part of the Deferred action for childhood arrivals (DACA) can I apply for a u.s passport in California?

AB540

Andrew Schach answered on Apr 11, 2018

Thank you for your question.

A recipient of DACA is not eligible for a green card or naturalization due to their having received DACA.

If you are interested in receiving a United States passport, I suggest speaking with an immigration attorney to understand your options.

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2 Answers | Asked in Immigration Law for California on

Q: I am a Canadian in the US getting married to an American Citizen.

Some time ago I was engaged to a previous partner and we made an appointment and paid a small fee to apply for a marriage certificate. We broke off the engagement that day and missed our appointment.

I am now engaged to someone else, and we are getting married in a few weeks. My question... Read more »

Andrew Schach answered on Apr 11, 2018

Thank you for your question.

The previous appointment to receive a marriage license, even if paid, was not followed through with. Therefore, there would be not issues with the prior engagement impacting your current marriage application for your spouse.

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1 Answer | Asked in Criminal Law and Immigration Law for California on

Q: My husband is going to a pay to stay prison for one month in california. What are the chances he could get deported?

He is an immigrant, charges with a misdemeanor domestic violence. No other criminal records.

Andrew Schach answered on Jan 29, 2018

Thank you for your question.

There are a couple specifics here that are important, such as which facility.

On the whole, ICE (Immigration and Customs Enforcement) are working must more closely with jails and prisons to pick up those without status immediately upon release from...
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1 Answer | Asked in Immigration Law for California on

Q: My husband and I just got married, he have been together for 3 years, now went want to go on a honeymoon to mexico but

My husband and I just got married, he have been together for 3 years, now went want to go on a honeymoon to mexico but he is an ilegal imigrant. He wont be able to step in the US. he came here when he was 16 years and now its been almost 15 years since he has been here. He has no evictions. What... Read more »

Andrew Schach answered on Jan 29, 2018

Thank you for you question, and congratulations!

Now that you are married, you may look into your husband gaining status through your marriage, depending on the specifics of his history.

In the mean time, while he does not have status, it is not a good idea to go to Mexico for...
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1 Answer | Asked in Immigration Law for California on

Q: My fiance is Cuban, we will be married in 2month, what are his options for a US visa? How much $? How long will it take?

My fiance is cuban - we will be married officially in 2 months - however we are concerned about his options for a visa to the US - both a visitors visa, and a permanent visa. What are his options? How much will the visa process cost? How long will it take to acquire a visa? I am a US Citizen,... Read more »

Andrew Schach answered on Jan 23, 2018

Thank you for your question.

Since your spouse is outside the country, this would be consular processing through the Department of State. Start with the form I-130 and DS-160, but there are additional forms that are required.

The fees for USCIS are included below:...
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2 Answers | Asked in Immigration Law for California on

Q: Does a misdemeanor (immigration neutral charge) could affect an adjustment of status 1-485 ?

Andrew Schach answered on Jan 23, 2018

Thank you for your question.

Any crime may impact the adjustment of status, as there is a great deal of discretion on the part of the USCIS officers. I recommend you speak with an immigration attorney to evaluate the specifics of your situation.

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1 Answer | Asked in Immigration Law for California on

Q: Can I safely leave and re-enter the US as a British Citizen green card holder despite my birthplace being Iran?

I was born in Iran, moved to the UK as a baby and lived there for 17 years, becoming a British citizen. 3 years ago, my family moved to California on my dad’s work visa and we now all received our green cards. Is it safe for me to travel to the UK/Canada/Mexico for vacation? (Not Iran) or will... Read more »

Andrew Schach answered on Jan 9, 2018

Thank you for your question.

Given the information provided, it appears you are able to travel on a valid British passport.

As a practical matter you may be pulled into what is called a secondary inspection for questioning. They may do this inspection and hold you for a period of...
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1 Answer | Asked in Immigration Law for California on

Q: My friend has daca it's going to expire in October of this year she has a clean record and is working she has a sick

Grandma shes already past her 90 years of age would she be able to travel outside the country to Mexico to visit her and come back with no problem

Andrew Schach answered on Jan 9, 2018

Thank you for your question.

DACA does not automatically come with advanced parole, which allows for an individual to leave the country and return.

Given the current state of DACA, it would be wise to inform your friend of the risks to leaving the country. Primarily, attempting to...
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1 Answer | Asked in Immigration Law for California on

Q: just married together here for 15 years . will he be deported back to his country for ten years when I file for his stat

Andrew Schach answered on Jan 9, 2018

Thank you for your question.

Unfortunately there are many important details necessary in order to provide a complete answer.

However, your spouse may be eligible for a waiver that would allow for permanent residency without the 10 year wait. Again, this is fact dependent upon...
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1 Answer | Asked in Immigration Law for Missouri on

Q: If I get arrested for shoplifting, will that affect my ability to get my green card that I've applied for and am

otherwise eligible for?

Andrew Schach answered on Jan 8, 2018

Thank you for your question.

The green card interview will focus on who an applicant is, as a person. This takes into account any criminal activity, community involvement and their ability to contribute to society. Specific to your arrest, it depends on many factors, including what you...
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1 Answer | Asked in Immigration Law for California on

Q: 90 day custody request denied what can I do now ?

Andrew Schach answered on Jan 4, 2018

There is insufficient information to provide an answer.

I recommend speaking with an immigration attorney.

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