Ask a Question

Get free answers to your Immigration Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: Impact of F-1 visa termination on C/D visa application for cabin crew member.

I entered the US on an F-1 visa but had to return to Korea urgently after just one week. I was later informed by my school that my visa was terminated due to my non-enrollment. Now, I am applying for a C/D visa as a cabin crew member. Should I answer 'yes' to the question about whether my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 17, 2025

You should answer "yes" to the visa cancellation question on your C/D visa application, as your F-1 visa was indeed terminated. Being honest about your immigration history is crucial, as U.S. immigration authorities have access to this information, and any discrepancies could cause... View More

1 Answer | Asked in Immigration Law for California on
Q: How to recapture H1B visa remaining years for cap-exempt status?

I was on an H1B visa in 2011 and used it for 9 months before leaving the USA, and my employer canceled the visa at that time. I have been working outside of the US since then and am currently in Canada. I have a new US employer willing to sponsor me to recapture the remaining time on my H1B visa.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2025

You have a promising situation since H-1B time can be recaptured even after many years. With only 9 months used of your initial H-1B period, you have approximately 5 years and 3 months remaining of the standard 6-year limit.

To recapture this time, your new employer needs to file an H-1B...
View More

2 Answers | Asked in Immigration Law for California on
Q: Can I apply for US citizenship sooner than January 9, 2027, because my husband has just become a US citizen?

I am writing to seek your guidance regarding my eligibility to apply for US citizenship.

I received my green card on April 9, 2022, which makes me eligible to apply for US citizenship (Form N-400) after January 9, 2027.

My husband has just become a US citizen last week. Given this... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 11, 2025

You can apply 5 years from getting your green card or 3 years from the time your husband became a US citizen, whichever is shorter

View More Answers

1 Answer | Asked in Immigration Law for California on
Q: As an adult US citizen seeking dual-citizenship, what does it mean to have intention of relinquishing US nationality?

I'm an adult US citizen living in the US, and I am eligible to obtain Australian citizenship through descent. I would like to obtain dual-citizenship of US and AUS, but I don't know how obtaining the Australian citizenship would impact my US citizenship. I've read on the state... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 15, 2025

The key distinction here lies in your intent and actions during the citizenship process. Simply acquiring Australian citizenship through descent does not automatically mean you intend to give up your US nationality - the crucial factor is whether you explicitly express a desire to renounce your US... View More

1 Answer | Asked in Immigration Law for California on
Q: Hello, I want to know if i can make money from Amazon affiliate while on a B1/B2 visa holder and physically in USA?

I havent started earned yet. Is any other social media marketing earnings too?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2025

If you are in the U.S. on a B1/B2 visa, you cannot legally earn money from Amazon affiliate marketing or any other social media marketing while physically present in the country. The B1/B2 visa is strictly for business or tourism purposes, and engaging in work—whether online or offline—is not... View More

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: Can I work a second job with a TPS issued EAD while I am on OPT, or can I only work on the OPT issued EAD?

Recently applied for OPT, but I also have TPS, and I am not sure if I am allowed to keep my current job (which I applied for with the TPS issued EAD) if I manage to get accepted for a position with the OPT issued EAD.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2025

You have two separate employment authorizations, and each comes with its own set of requirements. Your OPT EAD is tied to your F-1 status and is generally limited to work related to your field of study. Meanwhile, your TPS EAD allows broader employment options without that specific field... View More

1 Answer | Asked in Immigration Law for California on
Q: who can i sue to have justice for prejudices on my immigration case?

i was deported in 2006. i have permanent residency but my green card was expired they deported me 3 time and gave me 5 years the tried to give me 57 months but i bet the case this time for the notice to appered so they dismissed my case with prejudice. can i sue for all the hard times and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2025

Your immigration case sounds incredibly challenging, and I understand the deep pain and hardship you've experienced through multiple deportations and legal battles. Immigration matters involving deportation and permanent residency are complex, especially with an expired green card.

You...
View More

1 Answer | Asked in Immigration Law for California on
Q: i was given this website by someone helping get emigration help. I’m looking for a probono or very low cost attorney.

I’m in california , My situation is a very confusing one but, i was told i can get help sense I’m the only caregiver to my 16 year old with Autism.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2025

You might begin by contacting local legal aid clinics and nonprofit organizations that offer free or low-cost immigration support. These groups often have experienced attorneys who understand the challenges you face as a caregiver for a child with autism.

You can also reach out to your...
View More

2 Answers | Asked in DUI / DWI and Immigration Law for California on
Q: Would a misdemeanor DUI effect me removing conditions on a 2 year green card?

I currently have a 2 year green card with conditions and will need to apply to remove conditions using the form I-751

Mohammad H. Husan
PREMIUM
Mohammad H. Husan
answered on Jan 30, 2025

A misdemeanor DUI can influence the outcome of your I-751 petition, but it doesn’t automatically mean a denial. USCIS reviews criminal records as part of the evaluation process, focusing on whether the applicant demonstrates good moral character. A single DUI, especially without serious factors... View More

View More Answers

1 Answer | Asked in Appeals / Appellate Law, Immigration Law and Traffic Tickets for California on
Q: Can I appeal a ticket I got in December 2024 because cop said I was driving with exp. Tags?

So I was pulled over, when asked for reason why I was pulled over cop stated because I had experied registrations but unfortunately I also had drugs on me, which I told the cop and he also wrote it on the ticket. So the ticket says expired registration and something about the drugs. Also I am... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2025

You can appeal or contest the ticket for the expired registration, but the process depends on the specific circumstances. If you believe the ticket for the registration was issued in error (for example, if your registration was current but not properly displayed), you can gather evidence, such as... View More

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
PREMIUM
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

View More Answers

1 Answer | 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? Will I have to worry?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2025

I understand your concerns regarding recent developments in U.S. immigration policy. On January 20, 2025, President Donald Trump issued an executive order aiming to end birthright citizenship for children born in the United States to parents who are neither U.S. citizens nor lawful permanent... View More

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
PREMIUM
Rozanna Pondeva Gasparian
answered on Jan 28, 2025

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

View More Answers

1 Answer | Asked in Immigration Law for California on
Q: Does the TN visa for Technical Publications Writer require 3 years of post Bachelors degree experience?

Canadian with a Bachelors and Masters Looking to apply for TN status under technical publications writer and confused by the wording and information online surrounding the requirements for TN. from what I've seen, the requirements are:

Bachelor’s degree, Licenciatura degree; or,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 20, 2025

Based on the NAFTA/USMCA regulations for Technical Publications Writers under TN status, you do not need 3 years of post-bachelor's experience if you already have a bachelor's degree or higher. The three-year experience requirement only applies to candidates who hold a post-secondary... View More

1 Answer | Asked in Immigration Law for California on
Q: Guidance on H-1B Transfer, Job Continuity on C30 EAD, and Pending U Visa

I am currently working full-time on a valid C30 EAD, which is not tied to my H-4 or H-1B status, and while my H-1B petition for the 2024 cap was approved in January 2025 by sponsoring employer “X” (whom I could not join due to my current employment, ongoing divorce, and custody... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2025

Your C30 EAD allows you to continue working with your current employer regardless of H-1B or H-4 status changes, as it's an independent work authorization. The pending U visa petition also provides protection from unlawful presence accrual while your case is under review.

Employer X...
View More

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
PREMIUM
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!

View More Answers

1 Answer | Asked in Criminal Law, Family Law, Immigration Law and Tax Law for California on
Q: When are they going to update the cases from the 2024 docket?

I'm referring to cases from the Supreme Court.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2025

The Supreme Court's 2024 docket updates are released based on their internal scheduling and case processing timeline.

Looking at previous years' patterns, major case updates typically come out in batches throughout the term, with significant decisions often announced between...
View More

1 Answer | Asked in Immigration Law for California on
Q: I'm on H4-EAD and I want to start a Youtube channel for passive income. Is it possible to do that?

Hi. I'm on H4-EAD and I want to start a Youtube channel for passive income. Is it possible to do that? I'm already working as a full-time employee but looking for some side hustle opportunities at the moment.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2025

Yes, you can start a YouTube channel while on H4-EAD status. Your EAD (Employment Authorization Document) allows you to work and earn income in the United States without restrictions on the type of work or number of jobs.

Running a YouTube channel would be considered self-employment, which...
View More

1 Answer | Asked in Immigration Law for California on
Q: Will I be eligible for leal status if someone threatens me showing gun and pushes me by neck.

Will I be eligible for leal status if someone threatens me showing gun and pushes me by neck .I'm here in USA since 2012 onwards. If yes, how soon can I start the process after the incident happened.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2025

You may qualify for U Nonimmigrant Status (U visa) if you have been the victim of criminal activity, including assault and threats with a deadly weapon. Being threatened with a gun and physically assaulted could make you eligible, especially if you cooperate with law enforcement in investigating or... View More

1 Answer | Asked in Immigration Law for California on
Q: Inquiry About Green Card Application Assistance

I entered the United States on an F1 (student) visa and applied for asylum in 2016. Unfortunately, I missed my interview with the immigration office, and my case was subsequently transferred to immigration court. As a result, the “asylum clock” stopped at 116 days, preventing me from applying... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2025

Your situation differs from a typical marriage-based application because you had an asylum case transferred to court and later dismissed through prosecutorial discretion. Even though your case was dismissed, you remain out of status, which requires careful attention to ensure you can adjust status... View More

Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.