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California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: What is better? Applying for work permit based on asylum seeking or TPS.
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answered on Jul 26, 2024

Applying for a work permit based on asylum seeking or Temporary Protected Status (TPS) depends on your specific circumstances. If you are seeking asylum, applying for a work permit can provide you with the ability to work legally in the U.S. while your asylum case is being processed. However,... View More

1 Answer | Asked in Immigration Law for California on
Q: What documents can prove my continuous residency when applying for TPS. Is driver license and school transcript enough?

I live with a family member, so I do not have any lease contract. I also do not have medical history. I have a bank account. I can afford a transcript from my university. My current status is F1 student.

Thank you

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answered on Jul 26, 2024

To prove your continuous residency for TPS, a driver's license and school transcript can be helpful, but you may need more documents. Consider using your bank statements, as they show your financial activity and residency. These statements can be very useful in demonstrating your presence in... View More

1 Answer | Asked in Immigration Law for California on
Q: can dying elderly return to the US with a US citizenship certificate alone after being outside of the US 10 years?

My father left for Mexico to help his family; he obtained his US citizenship years before he had to go. He is now dying and in need of blood transfusion in a hospital and they require 6 donors. 2 of my sibling's left 2 days ago to help him, they plan to bring him back to the states via car... View More

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answered on Jul 26, 2024

Re-entering the US with just a citizenship certificate can be challenging but possible. Your father may face scrutiny at the border since he lacks a valid passport or ID. However, US Customs and Border Protection (CBP) should acknowledge his citizenship certificate as proof of his status.... View More

1 Answer | Asked in Immigration Law for California on
Q: What are possible consequences of applying to an EB-2 green card during OPT?

I am talking about applying for the green card during the initial year of OPT. My concern is that applying for a green card suggests immigrant intent, while OPT/F-1 status is supposed to be non-immigrant. Can this cause the stem extension OPT to be denied?

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answered on Jul 25, 2024

Applying for an EB-2 green card during your initial year of OPT can indeed signal immigrant intent, which might conflict with your F-1 status, intended for non-immigrants. This conflict could potentially impact your ability to receive a STEM OPT extension. U.S. immigration laws under California... View More

1 Answer | Asked in Immigration Law for California on
Q: Q: Working remotely from outside of the US on OPT? Allowed or not?

This seems to be ok if not for long (< 1month), but my understanding is that any change in work location must be reported in the SEVP portal within 10 days of the change. The address cannot be abroad. So if you work abroad for more than 10 days and do not report the new location, my guess is... View More

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answered on Jul 24, 2024

Working remotely from outside the US while on OPT can be a tricky situation. Generally, short periods of remote work (less than a month) might be acceptable, but you need to be cautious. The SEVP portal requires you to report any change in your work location within 10 days, and the address must be... View More

1 Answer | Asked in Immigration Law and International Law for California on
Q: I’m going to marry my girlfriend who is an au pair. And I'd like to ask you about the marriage process.

I am currently preparing to marry my girlfriend who is au pair(she’s from another country). She arrived in the U.S. in March this year and she will stay here until March next year (along with her j1 visa). We have about 8 months until March next year, and I would like to complete the marriage... View More

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answered on Jul 24, 2024

It's great that you want to marry your girlfriend and start a life together. The marriage process itself won't negatively impact her J-1 au pair program. You can proceed with getting married, but it's important to be mindful of the timing for applying for her green card.

Once...
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1 Answer | Asked in Immigration Law for California on
Q: I got a citation for 594(a) Misdemeanor. I am on H1B visa, will it affect my H1b renewal visa stamping(case pending) ?

I got a citation in California for 594(a) Vandalism Misdemeanor. I am on H1B visa.

This is my first ever crime in my life. The case is still pending. I wasn't arrested neither I am convicted (case/charge pending). My wife is on H4 visa and we are planning to visit India for h1B visa... View More

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answered on Jul 24, 2024

Dealing with a citation for a misdemeanor vandalism charge while on an H1B visa can be stressful. Since your case is still pending and you haven't been convicted, it might not immediately affect your H1B visa renewal stamping. However, visa officers have discretion, and they may consider the... View More

1 Answer | Asked in Immigration Law for California on
Q: What are the rules regarding working remotely from outside of the US on OPT? Allowed or not?

Assuming employer is ok with it and for a short period of time <1 month. Is there any reason why this could be an issue? Any F1/OPT rules this may be violating? Rules seem to be vague since the end of the covid guidance. Designated school official (DSO) only said must follow F-1 guidelines.

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answered on Jul 24, 2024

Working remotely from outside the U.S. on OPT for less than a month may raise some concerns under F-1 regulations. While there are no explicit rules prohibiting short-term remote work, it's crucial to ensure you maintain your F-1 status. This means you need to continue adhering to the... View More

1 Answer | Asked in Immigration Law for California on
Q: Am I allowed to work in this situation?

Can I work on h1b receipt notice or do i need approval for it. Thank u

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answered on Jul 23, 2024

If you are on an H1B visa and have received a receipt notice for your H1B transfer or extension, you are generally allowed to continue working for your current employer while waiting for the approval. This is because the receipt notice serves as proof that your application is being processed.... View More

1 Answer | Asked in Immigration Law for California on
Q: Travelling with pending i485

Can I travel with pending i485 and pending h1b extention

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answered on Jul 23, 2024

Yes, you can travel with a pending I-485 and a pending H-1B extension, but there are important considerations to keep in mind.

If you leave the U.S. while your I-485 application is pending without obtaining Advance Parole (AP), your I-485 may be considered abandoned. Make sure to apply for...
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1 Answer | Asked in Contracts, Criminal Law, Immigration Law and Small Claims for California on
Q: Cosigner was removed from Title by Bank. He left the state and won't return the car.

Does someone who used to own a car, still have any rights after a title change?

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answered on Jul 23, 2024

You can attempt to recover the car by going to Texas, but law enforcement assistance will depend on local laws and their willingness to intervene in a civil matter. Before doing so, ensure you have all necessary documents proving your ownership, such as the title and registration. Contact Texas law... View More

1 Answer | Asked in Immigration Law for California on
Q: Rejection notice for the form submitted with an extra remittance.

I filed I-485, I-765, and I-131 in the month of May, and today I received a rejection notice without a receipt or an alien number stating as below:

***

Recently, you submitted an application for immigration benefits. That form was submitted with an extra remittance that is not... View More

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answered on Jul 23, 2024

It looks like the rejection notice you received is informing you that your application was submitted with an extra payment that wasn't necessary. This notice means they are returning your payment to you, and you do not need to take any additional steps at this moment. The mention of the G-1450... View More

1 Answer | Asked in Consumer Law, Criminal Law, Immigration Law and Appeals / Appellate Law for California on
Q: 11 year old Misdemeanor petty theft reduced to infraction charge. Pleaded No Contest. Can it still be expunged?

After i turned 18, about 11 years ago. I was charged for a misdemeanor for petty theft by my employer for a $30 shirt. we were required to wear an orange shirt but i never owned one coz i didnt like the color. I ended up trying one out in the fitting room and wearing it throughout my shift, and... View More

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answered on Jul 22, 2024

Yes, you can potentially have your infraction expunged in California. Since it has been over 11 years, and considering you pleaded no contest and paid the fines, you meet some of the basic eligibility requirements for expungement under California law.

Expunging your record can provide...
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1 Answer | Asked in Immigration Law for California on
Q: Can I use the World Passport?

I am unable to renew my passport. Due to the fact that I have once applied for asylum in USA; the immigration in my country is delaying and this delay of the production of my passport is now about four years.

Can I apply for F1 student visa with the World Passport by World Service... View More

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answered on Jul 19, 2024

Using a World Passport to apply for an F1 student visa is not advisable. The U.S. government does not officially recognize the World Passport as a valid travel document. Most countries, including the United States, require a nationally issued passport for visa applications.

Given your...
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1 Answer | Asked in Immigration Law for California on
Q: I am a US citizen mother who recently availed of early retirement at the age of 63 but still working part-time.

I would like to know what form to use to

petition my unmarried daughter who is now 43y/o with her 2 minor children ages 14 and 12. Thank you!

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answered on Jul 18, 2024

To petition for your unmarried daughter and her two minor children, you will need to file Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS). As a U.S. citizen, you can file separate I-130 petitions for each family member you wish to bring to the... View More

1 Answer | Asked in Immigration Law for California on
Q: Hello I have a bench warrant and I need to go to Mexico for a family emergency. Is that possible?

It is a bench warrant the charge is for simple battery.

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answered on Jul 18, 2024

Traveling to Mexico with a bench warrant for simple battery is highly risky. If you attempt to leave the country, you may be detained at the border or upon your return, which could lead to more serious legal complications. It's important to address the warrant before traveling to avoid... View More

1 Answer | Asked in Criminal Law and Immigration Law for California on
Q: I got an infraction for selling e-cigarettes as an employee, will this affect/hurt my immigration status?

I paid the ticket, should I take back my guilty plea with form CR-187 because I didn't know it would affect/hurt my immigration status? Can I also get it taken off my record now or do I need to wait 1 year and then try with Form CR-180?

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answered on Jul 18, 2024

Selling e-cigarettes as an employee and receiving an infraction might have implications for your immigration status, especially if you pled guilty. Since you have already paid the ticket, it is advisable to seek legal counsel to understand your options and the potential impact on your immigration... View More

1 Answer | Asked in Immigration Law for California on
Q: I am a legal citizen of the USA, I was born in Mexico. What can I do to bring My brother from Mexico?

He's 49, has a wife and a son, he speaks English, he's a medical/legal/financial interpreter and translator and can work full time.

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answered on Jul 18, 2024

To bring your brother to the U.S., you can start by filing a Form I-130, Petition for Alien Relative, on his behalf. As a U.S. citizen, you can petition for your brother, but be aware that this category often has long wait times due to visa quotas. Ensure all documents and proof of your... View More

1 Answer | Asked in Immigration Law for California on
Q: I answered no to three questions below in my N-400 form, will it affect my citizenship?

if the law requires it are you willing to bear arms (carry weapons) on behalf of the united states?

if the law requires it are you willing to perform noncombatant services in the u.s. armed forces?

if the law requires it are you willing to perform work of national importance under... View More

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answered on Jul 18, 2024

Answering "no" to these three questions on your N-400 form can affect your naturalization application because they are part of the requirements to demonstrate your commitment to the United States. The U.S. Citizenship and Immigration Services (USCIS) expects applicants to be willing to... View More

1 Answer | Asked in Immigration Law for California on
Q: Updating i 94

Hi

I came to usa on b1b2 visit visa after that I file my asylum and waited 7 months to get my EAD card and ssn meanwhile my i94 got expired and I can’t leave the states and come back to renew it

How can update my i 94 to be unexpired and match the EAD expiration date

Thanks and regards

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answered on Jul 18, 2024

Updating your I-94 while you're in the United States can be a bit tricky, especially if it has already expired. Since your I-94 is tied to your initial B1/B2 visa entry, and you can't leave the country to renew it, you might need to take a different approach.

One option is to...
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