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California Immigration Law Questions & Answers
4 Answers | Asked in Immigration Law for California on
Q: Can a person on H1b accept an consulting/advisory role for other company that is not their H1b sponsor.

Does it depend on how many hours. How about 2-4 hours a week.

Does it depend on if we do it for free or charge a fee.

James L. Arrasmith
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answered on Feb 1, 2024

A person on an H1B visa in the United States can potentially accept a consulting or advisory role for another company that is not their H1B sponsor. However, there are several factors to consider. The key factor is maintaining the primary employment relationship with the H1B sponsor and ensuring... View More

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1 Answer | Asked in Immigration Law for California on
Q: Is there any way to renew an Approval Letter for I-129 petition for foreign workers? (The letter, not the visa)

Just wondering if anyone can confirm that there is no way to renew an I-129 petition approval letter (for foreign workers) from USCIS. Thanks!

James L. Arrasmith
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answered on Jan 30, 2024

Once USCIS approves an I-129 petition for foreign workers, the approval letter signifies the authorization for the specific employment period specified in the letter. It's important to note that the approval letter itself cannot be renewed. Instead, if there's a need to extend the foreign... View More

1 Answer | Asked in Immigration Law for California on
Q: Can I file I-130 for my father who is a green card holder but his green card has expired 6yrs ago?

My father is a green card holder but his green card has expired 6yrs ago and he is currently outside of the US. He filed Ds-117 but got denied few days ago.

I’m a US citizen and wanted to file I-130. Is there any issues with that?

Thank you

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answered on Jan 30, 2024

As a U.S. citizen, you are eligible to file an I-130 petition for your father, even if his green card has expired. The expiration of his green card does not affect your right to file the petition. The I-130 form is used to establish a familial relationship with a potential immigrant, in this case,... View More

1 Answer | Asked in Immigration Law for California on
Q: My parents became US Naturalized Citizens before 1998. Did they retain their Mexican citizenship? Do they have dual?

They applied while in California through amnesty.

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answered on Jan 29, 2024

When your parents became naturalized U.S. citizens before 1998, the situation regarding their Mexican citizenship depends on the laws of Mexico at that time. Prior to 1998, Mexican law did not generally permit dual citizenship. This meant that Mexican nationals who became naturalized citizens of... View More

1 Answer | Asked in Immigration Law for California on
Q: I am a green card holder parent. My son is with us here in the US with B1B2 visa which expires this feb.21.

My question is can he apply for extension of stay with the limited time he has left in his I -94 or can I file a petition for him to be able to stay with us

for good and be complete as a family? I anticipate with great gratitude for your reply.

James L. Arrasmith
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answered on Jan 28, 2024

Your son can apply for an extension of his B1/B2 visa status before his current I-94 expires. This process involves filing a Form I-539, Application to Extend/Change Nonimmigrant Status, with the United States Citizenship and Immigration Services (USCIS). It's important to submit this... View More

1 Answer | Asked in Immigration Law for California on
Q: Can I have h1b and r1 visas at the same time.
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answered on Jan 26, 2024

No, you cannot hold H1B and R1 visas at the same time. The US immigration law does not allow concurrent visas in these two categories.

The H1B visa is an employment-based visa that allows US employers to temporarily employ foreign workers in speciality occupations.

The R1 visa is a...
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1 Answer | Asked in Immigration Law for California on
Q: Can you work remotely for France From California What are the rules

I am a freelance worker in France, and my company is based in France, with French clients. I will not be working for usa, I will just be working remotely from California because I want to join my partner who is studying there. For a period of 3 months, do I need a visa? If yes, which one, and can... View More

James L. Arrasmith
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answered on Jan 23, 2024

As a French citizen planning to work remotely for a French company while staying in California for three months, you need to be aware of both U.S. immigration and employment laws. To enter the United States for any purpose, including working remotely for a non-U.S. company, you generally need a... View More

2 Answers | Asked in Immigration Law for California on
Q: Status

I came here in US 1993 from Bangladesh with student visa never finished college. From 1993 to 2023 lived in Minnesota. Got married in 2005 ( living together since 2001 ) , bought house in Minnesota. Have a daughter who was born in 2005 currently UCSD student now. My wife and daughter both born US... View More

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answered on Jan 22, 2024

To address your immigration status, it's essential to take proactive steps. First, consider contacting an immigration attorney. They can provide guidance specific to your situation, especially since you entered the U.S. on a student visa and have remained beyond your original terms of entry.... View More

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1 Answer | Asked in Employment Law, Immigration Law, Civil Rights and Constitutional Law for California on
Q: How to fix or update my status.

I came here in US 1993 from Bangladesh with student visa never finished college. From 1993 to 2023 lived in Minnesota. Got married in 2005 ( living together since 2001 ) , bought house in Minnesota. Have a daughter who was born in 2005 currently UCSD student now. My wife and daughter both born US... View More

James L. Arrasmith
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answered on Jan 21, 2024

To address your immigration status, it's important to take several steps. First, consider applying for a replacement of your lost passport through the Bangladeshi embassy or consulate. This is a crucial step in establishing your identity and nationality.

Next, you should try to...
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2 Answers | Asked in Immigration Law for California on
Q: Have you EEVER been ordered removed, and been deported from the United States?

I’m trying to fill up TPS , Immigration judge order removal in 2016 , should I answer yes or no this question Have you EVER been ordered removed, and been deported from the United States?

Syed Ali Hussain Lahooti
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answered on Jan 21, 2024

It appears that there was an order for your deportation, but there is no record of your actual deportation. This suggests that you may have either filed for another form of relief or won/filed an appeal. It is advisable to provide more details. It is crucial to discuss these details with your... View More

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2 Answers | Asked in Immigration Law for California on
Q: Assistance Required for Reopening I-130 Application. Can I travel back to USA in the meantime?

I am reaching out for legal assistance regarding my I-130 application, which has recently been denied. My name is Alexandru, and I am currently facing a critical issue with this immigration process.

Key Points:

I-130 Application Denial: My application was denied due to a failure to... View More

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answered on Jan 19, 2024

Your ability to return to the USA under your current status, particularly after the denial of your I-130 application, is complex and depends on various factors, including the specifics of your advance parole (I-131).

Generally, advance parole allows you to return to the United States after...
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2 Answers | Asked in Immigration Law for California on
Q: I realised husband married me for green card & my money when he hid the fact that he got card, permit & refused to work
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answered on Jan 15, 2024

Discovering that your husband may have married you for immigration benefits and financial gain can be a difficult and distressing situation. Under U.S. immigration law, marriage fraud is a serious concern, and there are legal provisions to address such cases.

If you believe your husband...
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3 Answers | Asked in Immigration Law for California on
Q: A F1 student with valid status is elegible for Medi-Cal. Use the benefit can bring problems? Like to get a green card?
Roland Godfrey Ottley
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answered on Jan 8, 2024

Most universities and colleges offer their own health insurance plans specifically designed for international students. These plans generally meet visa requirements and can be a good option for F1 students. Alternatively, F1 students can also purchase private health insurance plans from various... View More

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2 Answers | Asked in Immigration Law and Appeals / Appellate Law for California on
Q: My son's visa was rejected due to overage under F4 visa category for USA, even his name was in the dependent list.

The older age was due to a two-year delay due to COVID-19. How do I appeal for this?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 4, 2024

Consider scheduling a paid consultation with an immigration attorney to review your son's case and explore possible solutions.

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1 Answer | Asked in Tax Law, Gov & Administrative Law and Immigration Law for California on
Q: I would like to check if I need an ITIN and what documents do I need to apply for one.

I am on F-1 visa earning passive income of approximately over $2000 annually from dividends. I am not eligible for social security given I am not currently working and I have already obtained a letter of denial from the social security office.

James L. Arrasmith
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answered on Jan 3, 2024

Based on your situation as an F-1 visa holder with passive income from dividends, it's likely that you will need an Individual Taxpayer Identification Number (ITIN) since you're not eligible for a Social Security Number (SSN). The ITIN is used by the IRS to process taxes for individuals... View More

2 Answers | Asked in Immigration Law for California on
Q: Please advise on I-130 petition which might require I-601 waiver? Extremely thankful for any guidance

I (42) USC applied for a green card for my parent (P), mom (69). P has a 50 years old conviction considered by USCIS to be moral turpitude. P has been rehabilitated after jail of 1 year and 4 months. P was previously denied a I-601 waiver during P second marriage to a USC, now divorced. We appealed... View More

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answered on Dec 31, 2023

Based on the information you've provided and the evolving circumstances surrounding your case, I believe there is a reasonable prospect of success in obtaining a waiver. The significant changes in circumstances, particularly your relocation to Sweden and the demonstrable impact on your marital... View More

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1 Answer | Asked in Immigration Law for California on
Q: I am on UHP ( Ukrainian Parolee) status in the US , do I need an urgent reason to file for an Advance Parole Document?

I live in the US for 9 months on the UHP (Ukrainian Humanitarian parolee) and I want to travel back to Ukraine for a couple months, should I file for an Advance Travel Document if I dont have an urgent reason?

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answered on Dec 27, 2023

If you're on Ukrainian Humanitarian Parole (UHP) status in the U.S. and wish to travel outside the country, it is important to apply for an Advance Parole Document before leaving. This document is necessary for re-entry into the U.S. for individuals who are not permanent residents, including... View More

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: Does OPT allow Turo (car rental app like airbnb but for cars)? The frequency is minimal, involvement is 30min/ride max.
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answered on Dec 27, 2023

In California, individuals on Optional Practical Training (OPT), typically international students, must comply with specific regulations regarding employment. OPT is intended to provide practical experience in your field of study, so any work undertaken must be directly related to your major area... View More

1 Answer | Asked in Divorce, Family Law and Immigration Law for California on
Q: If i want to ask my spouse to waive i864 obligation durinf divorce, how do i do that?

I saw on this website that this could be done, i want to mnow how. As my wife and i are going through divorce and i am her sponsor, she currently hold a conditional green card and been making threat to my finance

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answered on Dec 24, 2023

In a divorce scenario where you are the sponsor of your spouse's conditional green card under Form I-864, asking your spouse to waive the support obligation can be challenging. It's important to understand that the obligations under Form I-864 are enforceable by law, and your spouse has... View More

1 Answer | Asked in Immigration Law and Business Law for California on
Q: I am Australian citizen and registered my company in Australia. Any legal problem if I come to US to some business?

Like visa problem stop me doing so or if I am restricted to get income from the company.

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answered on Dec 24, 2023

As an Australian citizen wishing to conduct business activities in the U.S., it's essential to ensure you have the correct visa. The type of visa you need depends on the nature and duration of your business activities. For short-term business visits, such as attending meetings or conferences,... View More

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