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Questions Answered by Andrew Schach
1 Answer | Asked in Immigration Law for California on
Q: I'm getting married and going to live in another country, if i want to come back to the u.s. will i be able to bring him
Andrew Schach
Andrew Schach
answered on Jan 4, 2018

Thank you for your question.

This depends on your immigration status.

Spouses of US citizens can apply for status at the US consulate in their home country.

Assuming you are a US citizen, the immigration history of your spouse should be reviewed by an immigration attorney...
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1 Answer | Asked in Immigration Law for California on
Q: I'm a LPR, I130 spouse petition is with CSC. Can I have it sent to a quicker processing Service Center if I move State?

Our priority date is 3/27/2017. My wife is Brazilian and I am Irish. If it can be transferred to another SC by moving, will it speed up our process? If we move back to Ireland until she gets her Green Card approved, will this affect our application and my Green Card status? The California SC... View More

Andrew Schach
Andrew Schach
answered on Jan 4, 2018

Thank you for your question.

If you move to another state, this will update your address on the I-130 in California.

As you may have read the I-130 and I-485 are two separate applications. Because you are an LPR there is not a visa immediately available for your wife, meaning even...
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1 Answer | Asked in Immigration Law and Gov & Administrative Law for California on
Q: I’m am a permanent resident. Motorcycle are a huge part of my life, will joining a motorcycle club affect my status?

I just heard that motorcycle clubs can be labeled as gangs.

Andrew Schach
Andrew Schach
answered on Jan 4, 2018

Thank you for your question.

If you are interested in being a naturalized citizen you will have to disclose all clubs, groups and affiliations on the application.

If you have questions about a specific group, please call my office for a free consultation.

1 Answer | Asked in Immigration Law for California on
Q: My dad was born in the USA and was american but I don’t know his status when I was born. Am I a US citizen?

Dad was born in 1946 in Philadelphia. Moved to Bermuda in the late 50s. Came back to US for college throughout the 60s. Had me in 1989. His sister is a US citizen by birth but she has spent more time in US. Dad passed away in 2000 so can’t ask him questions about his status and can’t reclaim... View More

Andrew Schach
Andrew Schach
answered on Jan 4, 2018

Thank you for the question.

You likely are already be a citizen but will likely also have to file paperwork for proof.

Additional information such as whether your parents were married at the time of your birth, if you have your father’s birth certificate and other pertinent...
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1 Answer | Asked in Immigration Law for California on
Q: Is it able to travel to Vietnam for 6 months and come back US with green card?

I have green card and also the house owner in US, but i need to go back to my country to have some medical, It take nearly 6 months, I wonder i cant not go back to US after a long time.

Andrew Schach
Andrew Schach
answered on Jan 4, 2018

Thank you for your question.

Any travel is cumulative and a departure longer than six months may raise a red flag.

There are additional details as to your status and goals for naturalization that are necessary for a complete answer.

I recommend speaking with an...
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1 Answer | Asked in Immigration Law for California on
Q: I received my immigration visa interview date for 2/1. Do I still have time to file I-601A waiver?
Andrew Schach
Andrew Schach
answered on Jan 4, 2018

Thank you for your question.

In my experience the current processing time for a I-601A is 2-6 months.

If you are outside the US already for your Visa interview you may need additional documentation depending on details not provided.

I recommend you speak with an...
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1 Answer | Asked in Immigration Law for California on
Q: Can you, as a permanent resident get deported from USA for being diagnosed as skidsophrenic
Andrew Schach
Andrew Schach
answered on Jan 4, 2018

Thank you for your question.

A diagnosis of schizophrenia alone is likely not a deportable offense.

However if the schizophrenia should lead to any criminal conduct that may lead to a deportable offense. Be mindful that while some states have made marijuana and other drugs legal,...
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1 Answer | Asked in Immigration Law for California on
Q: What does it mean to be financially responsible as a joint sponsor of an immigrant. How is that calculated?

In the worst case scenario that the immigrant does not work and just sits on the couch all day, what is the joint sponsor responsible for according to I-864? What might the government do or if the immigrant sues, how will damages be accounted?

Andrew Schach
Andrew Schach
answered on Jan 4, 2018

That is a great question.

Being a joint sponsor means you are entering a contract with the government to be accountable for any federal benefits received by the immigrant.

I recommend you read the rights and responsibilities section on the I-864 because the contract can only be...
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1 Answer | Asked in Immigration Law for California on
Q: I am a US citizen. My boyfriend is here as a tourist and we're planning to get married soon.

What is the best and fastest way to get his permanent resident card? Should we get married first then apply for his permanent status or thru a fiancee visa? Does he need to leave the country?

Andrew Schach
Andrew Schach
answered on Jan 4, 2018

Congratulations on your engagement!

There are details as to the length and type of of your fiance’s visa as well as other pitfalls to your situation which are necessary for a complete answer.

I recommend speaking with an immigration attorney who will assist in laying out your...
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1 Answer | Asked in Immigration Law for California on
Q: I recently applied for my husband he was in a asylum case if I cancel for his permanent papers will they send him back
Andrew Schach
Andrew Schach
answered on Jan 4, 2018

Thank you for your question.

This question has multiple components that would need to be determined for a complete answer.

I recommend speaking with an immigration attorney to determine your next steps.

1 Answer | Asked in Adoption and Immigration Law for California on
Q: about filing for adopted children

HI I am an LPR want file for my wife and also I want to adopt two children can I file for the adopted children also we didn't live with those children for last two years."

Andrew Schach
Andrew Schach
answered on Jan 4, 2018

Thank you for the question.

Based on the information provided, you can file for your wife. However, I recommend a consultation with an immigration attorney to confirm her immigration history and discuss her eligibility.

As to the children, they are not yours at this time therefore...
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1 Answer | Asked in Immigration Law for California on
Q: Brought to the us when 4years old.illegally got daca at 17 and now 21 and got married to US citizens

How long will it take to get green card

Does it help that i got brought at 4 not knowing what i was doing and before i was over had work permit

Andrew Schach
Andrew Schach
answered on Jan 4, 2018

Thank you for your question.

From the information provided you will be able to attain a green card from your spouse, but your illegal entry regardless of your age may mean you need to leave the US to apply for the green card.

As to the illegal DACA, this would require additional...
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2 Answers | Asked in Immigration Law for California on
Q: Sponsorship for father.

I am an USA citizen. My father used to live in USA until 2008. He entered to USA in 1991 without I-94 and filed political asylum in 1997 and asylum was not granted and he was asked to leave the country but he continued to stay. I am an USA citizen and want to bring my father to USA. I am looking... View More

Andrew Schach
Andrew Schach
answered on Jan 4, 2018

This question has some additional details that would be important to understand. One important issue is whether your father is still in the US now, or if he has gone back to his country of origin.

I would recommend speaking with an immigration attorney here in Sacramento, so they may...
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2 Answers | Asked in Immigration Law for California on
Q: Can a dual-citizenship of Iran and UK with an American green card travel in/out of the country safely?

I’m a 21 year old girl born in Iran, raised in the UK from a year old and moved to California 3 years ago on a dependent visa. I just received my green card and permenant residency, and I’m wondering if it’s safe for me to travel to Canada/Mexico/ or UK (not Iran) and be allowed back in the... View More

Andrew Schach
Andrew Schach
answered on Jan 4, 2018

Thank you for your question.

I agree with Hector, however 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 time for this questioning. They legally have the right to do this....
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