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Questions Answered by Rozanna Pondeva Gasparian
2 Answers | Asked in Immigration Law, Divorce and Family Law for California on
Q: Can I file for divorce in California as an Indian citizen on H1B visa?

I am an Indian citizen married to my wife, also an Indian citizen. Our marriage was registered in India. I currently live in California on an H1B visa, and my wife is here on an H4 EAD visa, having moved in December 2024. We have no children or debts and no prenuptial or postnuptial agreements. We... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Apr 28, 2025

If you meet the residency requirements, 6 months in the state of California, and 3 months in your county, you are able to file for dissolution of marriage in California regardless if you got married in another country.

In regard to recognizing the divorce in India, I would speak with...
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2 Answers | Asked in Immigration Law and Gov & Administrative Law for California on
Q: Fear of applying for N600 due to status concerns and gov't actions.

I entered the U.S. in 1975 from the USSR as a permanent resident with my mom. I have derivative citizenship through her since she was naturalized when I was 14 in 1981. However, I missed the swearing-in ceremony due to a high school trip and never received a naturalization certificate; my mom... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Apr 28, 2025

Based on the information you have provided above, it appears that you should not have any problems applying for the N-600. If you are still concerned, you may consider filing a FOIA to obtain copies of your entire file and ensure you have all supporting documentation that you may require before... View More

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2 Answers | Asked in Immigration Law for California on
Q: Concerns of a US permanent resident returning from Pakistan trip

I am a Pakistani citizen and a permanent resident of the USA. I plan to travel to Pakistan for 40 days and have a valid US green card and Pakistani passport. I've traveled to Pakistan before without issues. Will there be any problems upon my return to the USA?

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Mar 10, 2025

If you have a valid Green Card, have not been outside of the United States for an extended period of time (6 months or more), have no prior arrests or convictions that can pose an issue, then you should not have any issues returning after your 40 day trip.

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2 Answers | Asked in Immigration Law for California on
Q: Can a parent deny US citizenship for their baby at the time of birth & opt for citizenship of the baby’s parent instead

Can the parents of a baby born in USA deny US citizenship for their baby and choose to opt for the parents citizenship instead. Kindly consider that both parents are citizens of India. Thank you!

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Jan 28, 2025

A child born in the Untied States is considered a United States Citizen at the time of birth under the 14th Amendment. In addition, if the other country recognizes dual citizenship, then yes a child could have more than one citizenship as the US currently recognizes dual citizenship. I would speak... View More

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2 Answers | Asked in Immigration Law for California on
Q: Will my B2 visa be approved?

I’m an 18 years old italian citizen, and i’m planning on applying for a B2 visa due to my love for tourism.

I’ve heard that the approval of the B2 visa is mainly based on my ties to my home country, in this case Italy.

Are my job and my school considered a strong tie to my... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Oct 14, 2024

When a tourist visa interview is conducted, you are correct that they are looking at your home ties. A tourist visa is a non-immigrant visa meaning, when one applies for it they have to show that they have an intent to return home, and the more ties you can show you have to your home country (the... View More

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2 Answers | Asked in Immigration Law for California on
Q: Can a legal temporary resident apply to change their name and last name in California?

I’m an italian citizen who’s also a legal temporary resident in California.

Can i apply to change my name and last name just as a permanent resident would?

Does the state of California only allow permanent residents to change their name?

What does the California... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Oct 7, 2024

Yes, as temporary resident, so long as you meet the residency requirements in California and the county that you are residing in, you are able to file for a legal name change.

There is absolutely no relevance of your immigration status in the United States in order to change your name...
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2 Answers | Asked in Immigration Law for California on
Q: My N400 interview was descheduled 7 minutes after being scheduled

I was scheduled for a N400 naturalization interview at the San Jose field office on October 1, 2024, and then suddenly after 7 minutes if it getting scheduled, I get another notification saying that it was descheduled. The notice says that it was descheduled due to unforeseen reasons, and they will... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Sep 3, 2024

This is nothing of major concern. Unfortunately, USCIS does sometimes cancel and reschedule interviews due to a number of reasons related to their availability, etc. and nothing that has to do with the actual applicant. I would recommend that you stay on top of it and follow-up constantly if you do... View More

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3 Answers | Asked in Immigration Law for California on
Q: What should I do since I haven't received my I-589 receipt notice after submitting it online?

I entered the United States with a valid visa and then submitted my I-589 asylum application online to USCIS. It's been a day, and I still haven't received the I-589 receipt notice. Is this normal? Another friend of mine applied on the same day and received the electronic receipt... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Sep 3, 2024

This is noting to worry about. USCIS generally has 30 days from the date you have filed an application to issue a receipt notice and therefore sometimes it does take a bit longer. So long as you see that activity is taking place on your case (next step is your interview), you should be okay. If you... View More

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2 Answers | Asked in Immigration Law for California on
Q: I-864 Form Question: Keep Dates the same as when the original was submitted or change to update information to current?

My I-864 form was submitted last year; however, it didn't include Use of Assets to Supplement Income as I was told my petitioner I-864 form qualifying assets section was deemed (optional) since I have a joint sponsor whose income alone qualifies without the need to include, in our case,... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Sep 4, 2024

So a number of questions come up in this situation. Is this for an adjustment of status case or for a consular processing situation. If this is a consular processing situation, an opportunity to update the I-864 will occur regardless as there is a requirement to update that form before any... View More

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2 Answers | Asked in Immigration Law for California on
Q: How to retrieve NVC invoice number without email access?

I'm a U.S. citizen living in San Bernardino, California. My I-130 application was approved by USCIS on March 8, 2025. I updated my address and email with USCIS and received confirmation at my new address. However, I have not received any communication or invoice number from the National Visa... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Apr 28, 2025

You need to start with submitting an NVC Inquiry on their website and once they respond, I would follow-up from there.

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2 Answers | Asked in Immigration Law for California on
Q: Should we start a marriage-based green card process with an open asylum case?

I am a U.S. citizen and recently married my husband, a Colombian citizen, who entered the United States illegally and has an open asylum case. He's been here since 2023 and has a court date in July 2025 but hasn't received a work permit. We want to know if we should start the... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Apr 28, 2025

There are many moving factors here. I would highly recommend scheduling a time to speak with an Immigration Attorney as there is a lot of information we would need to answer your questions. But vernally, it is possible to have both applications pending at the same time, however, keep in mind that... View More

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2 Answers | Asked in Immigration Law, Employment Law and Civil Rights for California on
Q: How to apply for Visa U after being a victim of labor trafficking in California?

I am currently out of status due to an expired visa waiver and believe I qualify for a Visa U. My partner and I were victims of labor trafficking in Northern California. We were subjected to forced labor under harsh conditions without pay, and we fear reporting it to the authorities as those... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Apr 28, 2025

In order to apply for a U-visa you have to be able to obtain a Certification form some law enforcement agency demonstrating that you have assisted in the arrest and/or prosecution of a violation of certain laws. I would highly recommend contacting an attorney who handles these matters (like our... View More

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2 Answers | Asked in Immigration Law and Military Law for California on
Q: Can I enlist in the U.S. Army with SIJS status in California?

I have an approved I-360 based on Special Immigrant Juvenile Status (SIJS) and I am currently in the process of completing additional steps. Is it possible for me to enlist in the U.S. Army with my current SIJS status, and are there any specific requirements or considerations I should be aware of?

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Apr 28, 2025

Unfortunately, in order to enlist in the United States Armed forces, for the most part, one must either be a United States Citizen or a Lawful Permanent Resident. I would complete your SIJS Adjustment when a visa is available and then you would be able to apply and enlist.

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2 Answers | Asked in Immigration Law for California on
Q: Divorce after 2 weeks of permanent green card

My partner is US citizen and i got my IR-1 visa after 3 years of marriage. After coming here i got my permanent green card in 2 months and after 1-2 weeks of my green card we are having a divorce because it’s really bad mentally. My partner said he will file a court case for my green card to be... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Apr 28, 2025

If you have received your permanent resident card (valid for 10 years), it would be extremely difficult if not impossible for your spouse to try and have your green-card taken away. I would not be as concerned, but you may want to speak with a licensed immigration attorney to ensure you know all of... View More

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3 Answers | Asked in Immigration Law and Family Law for California on
Q: Can my girlfriend from New Zealand apply for a green card if we marry while she's on an ESTA in the U.S.?

I am a U.S. citizen, and my girlfriend from New Zealand is currently in the U.S. on an ESTA. She has been here for 67 days. We are considering getting married before her ESTA expires, and I want to know if she can apply for a green card while in the U.S. so she doesn't have to return to New... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Mar 10, 2025

HI, yes, you can most definitely marry and apply for her to get her greencard thereafter. She would apply through the Adjustment of Status process. Reach out to an attorney to help you to ensure that you do not have any issues that arise.

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2 Answers | Asked in Immigration Law for California on
Q: Do I need to leave the US to change from B2 to B1 visa?

I am a Canadian citizen currently in the U.S. on a B2 visa, which I entered automatically as a visitor. I've been accepted into an accelerator program from February 24 to March 21, which I have already begun attending. There is no funding provided by the program, and I do not have an... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Mar 3, 2025

I would suggest contacting a licensed immigration attorney and discussing this further. We would need a lot more information to be able to answer your question.

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2 Answers | Asked in Immigration Law and Legal Malpractice for California on
Q: How to resolve a 2014 removal order after LPR grant?

I received a letter from USCIS this week indicating that despite being granted LPR status, there is an outstanding final order of removal from 2014. My previous attorney did not address the removal order but focused on adjusting my status, which was granted due to a T-visa confirmation. Although... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Mar 3, 2025

You need to immediately hire an experienced immigration attorney. It needs to be determined what you removal order consists of, when it was entered, and additional information regarding your Green Card that you received. The attorney will need to determine what is the best avenue to get the removal... View More

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2 Answers | Asked in Immigration Law for California on
Q: Entered USA illegally, applied for asylum and EAD; status listed as "parolee" a mistake?

I entered the USA illegally through the Mexican border and went through the border patrol process. After being released, I applied for asylum in immigration court and then applied for an Employment Authorization Document (EAD) with USCIS after 150 days. It has been 198 days, and I still... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Mar 3, 2025

If you have a copy of the application you submitted, I would have an experienced immigration attorney review it. It depends on what code you placed on the application, as the application requires a specific code, not so much wording of "parolee" etc.

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2 Answers | Asked in Immigration Law and Native American Law for California on
Q: I was just curious. With Trump’s birthright citizenship situation. Would it affect people who are already born?(me 2005)

I’m just curious since I see that Trump wants to get rid of birthright citizenship. I was born in 05 and my parents are both from Mexico. Would this affect people who are already born? Or would this go into affect for future newborns?

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Jan 28, 2025

No, absolutely not. If you were born in 2005, your birthright citizenship cannot be taken away.

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2 Answers | Asked in Criminal Law and Immigration Law for California on
Q: Request to withdraw sponsorship successful after reporting marriage fraud for 2 year Gcard holder. What now?

I divorced my husband in 2023, filed marriage fraud reports the same year, and sent a written letter explaining the fraud, provided evidence, and requested a withdrawal of sponsorship. I was told this would be difficult because my ex has a 2 year green card already. However, USCIS confirmed today... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Jan 28, 2025

If you received confirmation that they withdrew your affidavit of support, then it sounds like you were successful! Congratulations!

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