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California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: Can I leave the US and return to my home country while looking for a job on OPT?

Applied for I-765 and have to return to my home country of Canada for family reasons after graduation. Wondering if I can continue my job search back home in Canada and return to the United States if I get my job offer and EAD card.

James L. Arrasmith
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answered on Mar 28, 2024

You can leave the US and return to your home country while your OPT application is pending or even after it has been approved, as long as you comply with certain conditions. It's essential to have your EAD card, a valid F-1 visa, your passport, and a job or job offer letter if your OPT has... View More

2 Answers | Asked in Immigration Law for California on
Q: I am a US naturalized citizen father and my biological child has a US passport can my child lose citizenship?

My child has a US passport but NO certificate of citizenship. My child was admitted into the US with a green card along with my wife(biological mother). Then later I got her US passport through Child Citizenship Act of 2000. I'm planning to move back to my country but I'm worried my child... View More

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answered on Mar 28, 2024

If your child acquired U.S. citizenship through the Child Citizenship Act of 2000, it's important to understand that once citizenship is granted, it is not easily lost, even if living abroad for an extended period. The possession of a U.S. passport is a strong indication of citizenship, and... View More

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1 Answer | Asked in Immigration Law for California on
Q: After receiving my 2 year green card through investment, I filed i-829 through an attorney in 2022.

The i-829 application was returned several times due to incorrect payment method. The attorney refiled the i-829 several more times afterwards, but did not receive i-829 receipt notices.

in 2024, I contacted the attorney and the attorney contacted USCIS. USCIS told the attorney they... View More

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answered on Mar 27, 2024

In your situation, the process surrounding your I-829 petition, which is crucial for removing conditions on your permanent residence obtained through investment, has faced significant delays. Generally, your conditional green card status is extended automatically while your I-829 petition is... View More

1 Answer | Asked in Immigration Law, Federal Crimes and International Law for California on
Q: I was detained at the Tijuana Border. What happens now. No prosecution.

The passenger I was with did not have a legit visa. I was detained and interigated. At the end I was let go with no fine or detention time. But what happens now? Will I have a mark on my record with All world border customs? Does this appear on background checks? Does it stay on my record... View More

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answered on Mar 27, 2024

If you were detained at the Tijuana Border but subsequently released without any charges or prosecution, it's important to understand the implications of this event on your record. Detentions related to immigration issues, especially when they do not result in formal charges or findings of... View More

1 Answer | Asked in Immigration Law for California on
Q: Can I travel to Puerto Rico with valid i20 but expired F1 visa, India passport? I do not have a US State ID.
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answered on Mar 18, 2024

Traveling to Puerto Rico, which is a U.S. territory, generally follows the same rules as traveling between states within the United States for international students. Since you have a valid I-20 and an Indian passport, you should be aware that the I-20 is primarily used within the United States to... View More

1 Answer | Asked in Immigration Law and Employment Law for California on
Q: Can I hire a STEM OPT candidate for 20 hours a week paying them minimum wage or does that cause issues?

Just wondering if there is a minimum pay required for those on STEM OPT with a MS

James L. Arrasmith
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answered on Mar 15, 2024

When hiring a STEM OPT candidate, there are specific guidelines that must be followed to maintain the integrity of the program and ensure compliance with U.S. immigration laws. It's not just about the number of hours worked; the employment must also meet certain educational objectives and wage... View More

1 Answer | Asked in Immigration Law for California on
Q: Can i travel domestically with my work authorization card

I am waiting for my interview but have the right to work. I have some travelling coming up and i need to know if i can travel on that work authorization card

James L. Arrasmith
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answered on Mar 13, 2024

In most cases, you can travel domestically within the United States using your valid work authorization card (Employment Authorization Document or EAD) as a form of identification. However, it's important to note that the Transportation Security Administration (TSA) has specific requirements... View More

1 Answer | Asked in Immigration Law for California on
Q: CR1 immigration case!

I recently got married and wanted to petition for my new wife. However I am confused whether or not i have to mention about an incident happened with my ex-wife. After we got separated she called cops and misleading that I hit her but she doesn't want to start a trail just wanted to bring into... View More

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answered on Mar 11, 2024

In an immigration case, it's crucial to be honest and disclose all relevant information to avoid potential complications or accusations of misrepresentation. When petitioning for your new wife, you should mention the incident with your ex-wife, even if no formal charges were filed. Here's... View More

2 Answers | Asked in Family Law and Immigration Law for California on
Q: I am a US citizen, can I apply for I-130 for both my Mother and her child(my brother) at the same file ?

I want to sponsor my Mom for a green card, so she can bring her child(my brother) under 21 years to USA. But the issue here is my brother is 19 years old (1years and a half from becoming 21 years old).

James L. Arrasmith
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answered on Mar 9, 2024

As a U.S. citizen, you can file Form I-130 (Petition for Alien Relative) for your mother. If your petition is approved, your mother can then bring her child (your brother) with her to the United States as a "derivative beneficiary," provided that your brother is unmarried and under 21... View More

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1 Answer | Asked in Immigration Law for California on
Q: Can I visit Canada during H1B grace period and get automatic revalidation during re-entry to the US? (Indian citizen)

I dont have an H1B visa stamped in my passport but have a valid I797. I have a Canada visitor visa. I’m Indian born. I got laid off and entering my Grace period shortly. I’m interviewing.

For personal reasons Can I visit Canada for a weekend and get automatic revalidation during my grace period?

James L. Arrasmith
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answered on Mar 9, 2024

I understand your situation and the desire to visit Canada during your H1B grace period. However, automatic revalidation may not apply in your case for the following reasons:

1. Nationality: Automatic revalidation is not available to nationals of countries designated as state sponsors of...
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1 Answer | Asked in Immigration Law for California on
Q: Can I get citizenship if I was in removal proceedings but the case was closed in 2014 and I got Green card in 2018?

in 2008, I was placed on removal proceedings because I overstayed my visa. The case was closed and I was able to update my status as an immediate relative through marriage. I was issued a 10 years green card and after 5 years I applied for Citizenship. Today I had the interview and I passed the... View More

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answered on Mar 4, 2024

If your removal proceedings were officially closed and you subsequently obtained a Green Card through legitimate means, such as marriage to a U.S. citizen, this is a positive step towards establishing your residency and eligibility for U.S. citizenship. The fact that you were issued a 10-year Green... View More

1 Answer | Asked in Immigration Law for California on
Q: I have a visa with which I am not allowed to get financial aid, and it expires on the day FA application is due.

I also have another status (TPS) with which I can apply for financial aid. Can I apply on the deadline?

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answered on Feb 28, 2024

If you hold Temporary Protected Status (TPS) that allows you to apply for financial aid, you should be able to submit your application by the deadline, as eligibility is often determined by your status on the application date. Ensure that your TPS is valid on the day you apply, as this status... View More

1 Answer | Asked in Immigration Law for California on
Q: Hi can I still keep my court in Hawaii even though I’m based in LA? And should I reveal that to the judge/court

Hi everyone.

My court is scheduled in Hawaii but I live in Los Angeles. I would like for my court to remain in Hawaii, but I’m afraid if I reveal I live now in Los Angeles. The judge will change my venue. So I guess my question is can I still keep my court in Hawaii even though if I’m... View More

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answered on Feb 26, 2024

The issue of whether a court case can remain in a specific jurisdiction, such as Hawaii, despite the involved party living in another state, like Los Angeles, depends on various factors. These include the nature of the case, where the incident occurred, and where the parties involved are based.... View More

2 Answers | Asked in Family Law and Immigration Law for California on
Q: Hi. Can my husband take our child outside of the U.S without my consent if our child has a US passport?

I don’t feel safe for our baby. He and his family emotionally abused me through out my pregnancy and I don’t feel safe traveling with him to his country as these abuses may become physical and I may not have a way out of his country if I or the baby go with him.

T. Augustus Claus
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answered on Feb 23, 2024

In California, and generally across the United States, one parent cannot legally take a child out of the country without the consent of the other parent if both have legal custody. This is to prevent international child abduction and ensure both parents have a say in major decisions affecting their... View More

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1 Answer | Asked in Immigration Law for California on
Q: While completing FAFSA, it asks about my residence status. I am a refugee with a SSN, how to identify the date?

Hello there! I am a refugee, and currently trying to apply for FAFSA, being in California. The very first question in the form is: what is the date, when you became a legal resident? How can understand whether or not I am a resident? (I’ve been living in the U.S. for more than a year and I do... View More

James L. Arrasmith
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answered on Feb 21, 2024

Great question! As a refugee, the date you became a legal U.S. resident for FAFSA purposes would be the date you were formally granted refugee status in the United States. Some key points that can help:

• For FAFSA, refugees are considered eligible non-citizens who can qualify for federal...
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2 Answers | Asked in Immigration Law and Education Law for California on
Q: While completing FAFSA, it asks about my residence status. I am a refugee with a SSN, how to identify the date?

Hello there! I am a refugee, and currently trying to apply for FAFSA, being in California. The very first question in the form is: what is the date, when you became a legal resident? How can understand whether or not I am a resident? (I’ve been living in the U.S. for more than a year and I do... View More

James L. Arrasmith
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answered on Feb 21, 2024

Great question! As a refugee, the date you became a legal U.S. resident for FAFSA purposes would be the date you were formally granted refugee status in the United States. Some key points that can help:

• For FAFSA, refugees are considered eligible non-citizens who can qualify for federal...
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1 Answer | Asked in Immigration Law for California on
Q: Can I apply for changing status from asylum to H1B?

Hi everyone

I have been in my husband’s asylum pending case since 2019. I am a math teacher in high school and working in the US. We are waiting for a court. It’s scheduled on November 2024.

What is the best option for me to work in the US: apply for H1B or wait for a court?

Thank you!

James L. Arrasmith
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answered on Feb 21, 2024

Yes, it is possible for you to apply for an H-1B visa while your asylum application is still pending. A few key points:

• H-1B is a dual intent visa, which means applying for or holding H-1B status is not seen as inconsistent with pursuing permanent residency such as asylum.

•...
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1 Answer | Asked in Federal Crimes and Immigration Law for California on
Q: I have an ongoing federal case and i want to find out if i can use self deportation to leave before the charges come
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answered on Feb 21, 2024

Leaving the country before facing federal charges can have serious legal consequences, including potential forfeiture of certain rights and possible issuance of a warrant for your arrest. It's essential to understand that attempting self-deportation may not necessarily prevent prosecution or... View More

1 Answer | Asked in Employment Law, Immigration Law and Employment Discrimination for California on
Q: Hello,can I apply for any special catogery for GC other than EB2

I am in H1 and my expiry date on the copy I received is not matching the date in system of visa officer which is the USCIS mistake, they gave a 221 G which made me stay overseas for more than a year visa officer and myself and the lawyer tried to reach USCIS and correct it they never responded. For... View More

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answered on Feb 21, 2024

I understand your concern regarding the discrepancy between the expiry date on your H1B copy and the date in the USCIS system, which has caused significant stress and financial loss due to an extended overseas stay. Given your situation, it may be worth exploring alternative avenues for obtaining... View More

1 Answer | Asked in Immigration Law for California on
Q: Filing I-864EZ on 2/14/2024. Haven't filed 2023 taxes yet, can I use 2022 return transcript as the most recent tax year?

Hello, I'm filing Affidavit of Support (from I-864EZ) on February 2024. I haven't filed 2023 taxes yet, so can I use my 2022 IRS return transcript as the most recent tax year?

James L. Arrasmith
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answered on Feb 21, 2024

Yes, you can use your 2022 federal tax return transcripts to meet the IRS tax return requirements for the Affidavit of Support Form I-864EZ, even though your 2023 tax return will not yet be filed. The key considerations are:

- For Form I-864EZ, you must provide your Federal tax return...
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