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California Immigration Law Questions & Answers
0 Answers | Asked in Immigration Law for California on
Q: What does "case closed" status mean after withdrawing Form G-325 on CBP HOME? Should I attend biometric?

I accidentally filed Form G-325 for Intent to Depart through CBP HOME. On June 29, I submitted a withdrawal letter to both USCIS and CBP, uploaded it to my online account, and spoke with a USCIS member who confirmed they received the withdrawal request. Despite this, my online account shows the... View More

0 Answers | Asked in Immigration Law for California on
Q: Seeking legal representation for upcoming asylum hearing in Van Nuys.

I have a second preliminary hearing regarding my asylum application in Van Nuys. During my first hearing, the judge verified my personal information and advised me to submit my asylum application within a year, which I did. I'm seeking guidance on having a lawyer accompany and assist me during... View More

1 Answer | Asked in Immigration Law and International Law for California on
Q: Can a Vietnamese refugee legally self-deport to Mexico and reside there?

I am a Vietnamese citizen who initially signed for voluntary departure many years ago but is now facing deportation. I am a Vietnamese refugee and have lived in the United States since 1978. I have never lived in Mexico or had any legal problems there, and I haven't sought legal counsel yet.... View More

James L. Arrasmith
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answered on Jul 4, 2025

You may leave the United States on your own initiative before Immigration and Customs Enforcement arranges removal. Doing so still executes the deportation order and starts the ten-year bar on lawful re-entry unless you later secure a waiver. The United States does not restrict the destination, but... View More

1 Answer | Asked in Immigration Law and Criminal Law for California on
Q: Green card holder, misdemeanor shoplifting arrest in 1991, concerns about deportation when re-entering the US after traveling abroad.

I have a green card and was arrested for shoplifting in 1991. I haven't had any other arrests or convictions since then, and there have been no changes in my immigration status or legal updates regarding my green card. Will I face deportation if I travel abroad and re-enter the United States?

James L. Arrasmith
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answered on Jun 30, 2025

If your only arrest was for misdemeanor shoplifting back in 1991 and you have not had any other run-ins with the law since then, the risk of being deported upon re-entry to the United States is minimal—but not zero. Immigration authorities still have discretion at the border, and past criminal... View More

1 Answer | Asked in Immigration Law for California on
Q: Will a past visa overstay affect my citizenship application in 2025 after multiple green card renewals?

I arrived in the U.S. from Argentina in July 1994 with a tourist visa and married my first American citizen husband in April 1996. After adjusting my status through marriage, I received my green card in 2001. We divorced around 2004, and I've been married to my second American citizen husband... View More

James L. Arrasmith
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answered on Jun 30, 2025

Yes, a prior visa overstay is a factor USCIS will consider, but in your case, it is highly unlikely to disqualify you from naturalization. You adjusted your status through a bona fide marriage to a U.S. citizen, and you’ve maintained lawful permanent resident status for over two decades. USCIS... View More

1 Answer | Asked in Immigration Law for California on
Q: How can I withdraw a mistakenly submitted self-deportation application?

I mistakenly submitted a self-deportation application today and received confirmation. I want to cancel it because it was submitted by mistake. How can I withdraw the application?

James L. Arrasmith
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answered on Jun 30, 2025

If you submitted a self-deportation application in error, act quickly. Time is critical in preventing the government from initiating proceedings based on that application. Prepare a written request to withdraw or rescind the submission immediately. Be direct and clear—state that the application... View More

2 Answers | Asked in Immigration Law and Gov & Administrative Law for California on
Q: Denied U.S. immigration application after administrative processing.

I was denied a U.S. immigration application filed by my spouse. During the interview, I was informed that the documents were under administrative processing. After completing the processing, the application was rejected without a clear reason or explanation. What steps can I take next?

Brenda L Seal
Brenda L Seal
answered on Jul 2, 2025

More information is needed to properly assess the case. The next step will depend on whether your spouse was applying for an immigrant visa (to permanently reside in the U.S.) or a nonimmigrant visa (such as a work, student, tourist visa, etc).

After a visa denial, the U.S. Consulate... View More

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1 Answer | Asked in Immigration Law and Appeals / Appellate Law for California on
Q: Denied U.S. citizenship due to military service discrepancy, need legal options.

I am a 46-year-old U.S. green card holder who recently received a denial of my U.S. citizenship application (Form N-400) after submitting it and completing the interview, waiting over 1.5 years. The denial seems to be due to a discrepancy regarding my military service. On my I-485 and N-400, I... View More

James L. Arrasmith
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answered on Jun 28, 2025

You’re facing a complex but not uncommon issue. USCIS often scrutinizes military service linked to groups later designated as terrorist organizations, even if your service predates that designation. The key issue is not merely the group’s later designation but whether your service demonstrated... View More

1 Answer | Asked in Immigration Law for California on
Q: U.S. citizenship application denied due to military service discrepancy. How to proceed?

I am a 46-year-old U.S. green card holder and recently experienced a denial of my U.S. citizenship application (Form N-400) after submitting the application and completing the interview, waiting over 1.5 years. The denial appears to be due to a discrepancy in my answers regarding military service.... View More

James L. Arrasmith
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answered on Jun 28, 2025

You should begin by thoroughly reviewing the denial notice to understand the exact reason for the rejection and confirm that the discrepancy in your military service statements was the sole issue. U.S. Citizenship and Immigration Services (USCIS) scrutinizes consistency across all immigration... View More

1 Answer | Asked in Immigration Law for California on
Q: How can I expedite my H4 application due to urgent family needs?

I need to expedite my H4 application which was received on March 26, 2025. I've only been notified that the case was received. Due to the loss of a close family member to cancer three months ago, my family is grieving, and my cousin’s wedding is approaching. It's important for me to... View More

James L. Arrasmith
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answered on Jun 25, 2025

To request an expedited review of your H4 application, you’ll need to contact USCIS and formally submit an expedite request. Call the USCIS Contact Center and ask to speak with a Tier 2 officer. Once connected, explain your urgent situation—highlight the recent family loss, your family’s... View More

1 Answer | Asked in Immigration Law for California on
Q: Can I take unpaid time off during STEM OPT for family medical reasons without affecting my status?

I am currently on STEM OPT and planning to take 1-2 weeks unpaid time off for family medical reasons with my employer's approval. If this counts as unemployment days, how do I report them, and will this affect my STEM OPT status or compliance?

James L. Arrasmith
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answered on Jun 25, 2025

You are allowed to take short-term unpaid leave while on STEM OPT as long as you remain employed and your employer considers your position active. The key issue is whether your time off is approved and consistent with company policy. If your employer continues to list you as an employee and the... View More

1 Answer | Asked in Immigration Law for California on
Q: Is it safe for a permanent resident with a valid green card to return to the U.S. after a 10-day vacation?

I am a permanent resident of the U.S. for three years with no felonies or tickets, and I file my taxes annually. My green card is valid and unexpired. I plan to leave the country for a 10-day vacation. I have traveled outside the U.S. four times before without any issues. I am wondering if it will... View More

James L. Arrasmith
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answered on Jun 25, 2025

Yes, you can safely return to the United States after a 10-day vacation, provided your green card remains valid and unexpired at the time of re-entry. As a lawful permanent resident (LPR) with a consistent history of tax compliance, no criminal background, and short travel durations, you are within... View More

1 Answer | Asked in Immigration Law for California on
Q: Can I apply for naturalization now with green card stating 'Resident since 07/28/2021'?

I was granted asylum in November 2019 and applied for a green card in November 2020. When I received my green card, it stated 'Resident since 07/28/2021.' Can I apply for naturalization now?

James L. Arrasmith
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answered on Jun 24, 2025

If your green card states “Resident since 07/28/2021,” that is the date USCIS considers the beginning of your lawful permanent residency for naturalization purposes—even though you were granted asylum earlier. This is critical because the five-year residency requirement is calculated from... View More

1 Answer | Asked in Immigration Law for California on
Q: Can I apply for U.S. citizenship as an asylee with a green card for 4 years?

I am an asylee who has held a green card for four years. I have continuously resided in the U.S. during these years and have fulfilled all my tax obligations. I have not been involved in any criminal activities. Can I apply for U.S. citizenship now, or do I need to meet additional requirements?

James L. Arrasmith
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answered on Jun 24, 2025

Yes, you may qualify to apply for U.S. citizenship now. As a lawful permanent resident who obtained your green card through asylum, the clock toward naturalization begins one year prior to the date you received your green card. This is because the law treats asylees as having already been... View More

1 Answer | Asked in Child Custody, Family Law and Immigration Law for California on
Q: Concern about daughter's passport and travel plans to Mexico with mother's family.

I am concerned about my daughter's mother obtaining a passport for our daughter to travel to Mexico. We both have custody, but I have not agreed to my daughter traveling with her mother's new mother-in-law without my presence. Does my daughter's mother need to provide notarized... View More

James L. Arrasmith
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answered on Jun 23, 2025

If you and your daughter’s mother share joint legal custody, then she cannot unilaterally obtain a passport for your daughter without your written consent. Federal law requires both parents’ authorization unless one has sole legal custody or a court order permitting passport issuance.... View More

1 Answer | Asked in Criminal Law and Immigration Law for California on
Q: Is it typical to impose probation during DEJ and how does it affect immigration status?

During my Deferred Entry of Judgment (DEJ) proceedings, I faced an FTA not caused by me. Immigration authorities are denying my adjustment application, citing this as a probation violation negating my DEJ grant. They argue my guilty plea, required for DEJ, implies a violation and that granting... View More

James L. Arrasmith
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answered on Jun 23, 2025

Yes, it is common in California for courts to impose probation-like terms during Deferred Entry of Judgment (DEJ), including mandatory programs such as MADD or community service. Even though DEJ is designed to avoid a formal conviction if the conditions are satisfied, the court still requires... View More

1 Answer | Asked in Immigration Law for California on
Q: Uncertain about answering I-130 Q53 due to past detainment during border crossing.

In 2021, my husband was caught trying to cross into the USA; he was detained with others for about three hours and then sent back to Mexico. During this time, his fingerprints were taken, but no removal order or formal documentation was provided. He made two prior attempts to cross before... View More

James L. Arrasmith
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answered on Jun 21, 2025

Your husband's brief detention at the border in 2021 does not constitute "immigration proceedings" for the purposes of Question 53. Immigration proceedings typically refer to formal hearings before an immigration judge in immigration court, such as removal, deportation, or exclusion... View More

1 Answer | Asked in Immigration Law for California on
Q: Should I say YES to immigration proceedings question on I-130 for border incident?

I'm about to submit an I-130 petition for my husband. He was caught at the border while crossing, detained in a room for about four hours, and then sent back to Mexico. Should I answer "YES" to the question, "Was the beneficiary EVER in immigration proceedings?" considering... View More

James L. Arrasmith
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answered on Jun 21, 2025

Your husband's border detention experience requires careful consideration when answering this question on Form I-130. The key issue is determining whether his four-hour detention constituted formal "immigration proceedings" as defined by immigration law.

Immigration... View More

1 Answer | Asked in Immigration Law for California on
Q: Does response to USCIS evidence request require new certifying agency signature on I-918 B form?

A friend received a request from USCIS for evidence regarding their I-918 B form, specifically the statutory citation for the crime and proof of admissibility. The deadline to respond is August 18, 2025. Does the response need to include a new original signature from the certifying agency on the... View More

James L. Arrasmith
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answered on Jun 19, 2025

If USCIS issues a Request for Evidence (RFE) on an I-918 B form, you are not always required to submit a newly signed I-918 Supplement B unless specifically asked. If the original certification remains valid and the request only seeks clarification—such as a statutory citation or evidence of... View More

1 Answer | Asked in Immigration Law and Criminal Law for California on
Q: Concerns about H1B renewal interview waiver eligibility due to past legal issue.

I'm preparing for my H1B renewal stamping in India this December and concerned about whether I qualify for the interview waiver (Dropbox) due to a past legal issue. In 2023, I was involved in a minor retail theft incident where the charge was withdrawn, and my arrest record has been expunged.... View More

James L. Arrasmith
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answered on Jun 18, 2025

Your honest disclosure on the DS-160 form is wise. Answering “Yes” to the arrest question—even for an expunged and dismissed matter—ensures consistency with your record and avoids future complications. U.S. consular officers value transparency, and discrepancies between answers and... View More

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