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Questions Answered by Rozanna Pondeva Gasparian
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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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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2 Answers | Asked in Immigration Law for California on
Q: Need minimal help with E2 visa extention
Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Dec 5, 2024

You should contact a licensed attorney and speak with them regarding your specific extension question.

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2 Answers | Asked in Immigration Law for California on
Q: Green card sponsor hasn't met minimum income. Should we get cosponsor or increase tax return payment?

My husband who's my sponsor and or baby's sponsor made 60k in 2021, 2022, but in 2023 he made just 10k in the US. In Mexico he has a much higher income (100k), and he can prove that but he doesn't have to pay taxes in the US for that.

He hasn't filed his 2023 taxes yet... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Dec 2, 2024

If your husband does not meet the necessary requirements, the best option is to get a joint sponsor. You want to ensure that all of the documents are correctly prepared and reflect the correct information and numbers to ensure that you do not have any further additional problems.

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2 Answers | Asked in Immigration Law for California on
Q: Can you apply for your CR1 (i-130) whilst you are still in the US (but not for AOS)?

Getting married to a USC and BC (British Citizen) myself in the US whilst on ESTA, will continue to be in US for 3 weeks afterwards before returning to the UK. Can we start the application as soon as we are married when I am still in the US, or wait till I am back in the UK?

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Dec 1, 2024

Yes, you are able to file an I-130 petition for alien relative while in the United State on ESTA and thereafter decided on how you wish to proceed with the remainder of the case, if that would be through the standard consular processing route.

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3 Answers | Asked in DUI / DWI and Immigration Law for California on
Q: Getting my 1st DUI conviction changed to reckless driving for immigration purposes?

I have completed all my court related requirements.

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Dec 1, 2024

I would highly suggest speaking to an immigration attorney who has a complete background of your situation before doing anything.

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