Lawyers, Answer Questions  & Get Points Log In
California Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for California on
Q: Is there a way to change a last name on tps approval notice
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Oct 16, 2021

There is not usually an option on a TPS approval. When someone naturalizes there is that option.

View More Answers

2 Answers | Asked in Immigration Law for California on
Q: Should I get a lawyer for an interview with a Special Agent HSI?

Hello, I’m a student currently in OPT program and I got married to a US citizen 5 months ago. I never got DUI, nor in problem with the law. My visa has expired but I’ve never been off from student status.

I suddenly received a call in letter g-56 form for an interview with a special... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 14, 2021

Do not act without a decent immigration counsel advising you on your next move: you may be detained, and issued a Notice to Appear in Immigration Court for removal.

Definitely discuss your issues without any delay even remotely with a good immigration professional.

View More Answers

1 Answer | Asked in Immigration Law for California on
Q: How can my undocumented Mexican worker in Baja drive me to chemotherapy at VA San Diego and back same day? Thank you

I am US citizen and a tourist here (6 months at a time as required. Legal address Ca.) During treatment cycle I cross weekly. Getting harder to drive myself and my "worker" also good friend. :)

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 14, 2021

He cannot not.

Find a USC or lawful permanent resident for that chore.

3 Answers | Asked in Criminal Law, Immigration Law and Small Claims for California on
Q: Lady accusing me of theft and threatening with immigration and police.

I did some work at her house. She didn't want to pay what the price was. Left the work and now she is accusing me of stealing her house deeds.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 14, 2021

Anyone may make any type of accusations: the facts are these are just allegations.

She may call the police yet, the police will investigate that matter and in order to charge would need to gather enough evidence for the charges to be approved.

Secondly, calling immigration would...
Read more »

View More Answers

3 Answers | Asked in Immigration Law for California on
Q: Where can I get immigration advice?

My husband is not a US citizen when his mother did his green card information the birthdate does not match his Mexican birth certificate. He has a social and ID and we pay taxes and own a home. I am a US citizen and we have been married since 2003. Now that the real ID will be a requirement that... Read more »

Kevin L Dixler
Kevin L Dixler answered on Oct 12, 2021

More information is needed. We need to know more about his father.

In addition, he is subject to the law before the Child Citizenship Protection Act, since he was over 18 years old at the time of enactment. He may have other issues that can create complications, perhaps, deportation. I...
Read more »

View More Answers

1 Answer | Asked in Immigration Law for California on
Q: What are my options?

Hello, I would like to find out what my options are? 4 years ago my visa expired. I was able to marry an american so I didn’t have to leave. We started to apply to adjust my status. However, I got busy with partying and having fun that I dropped the ball and never followed through with the... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Oct 12, 2021

You have admitted to attempted marriage fraud in order to get your green card. Not smart at all on a public forum that anyone can read. Consult in private with an experienced immigration attorney and take this question down ASAP.

1 Answer | Asked in Immigration Law for California on
Q: 90 days rule for adjustment of status and applying for parents greencards

We just became US citizens and I want to adjust the status of my parents by getting them their greencards. I read about the 90 days rule, is it absolutely necessary and if I file before that will USCIS deny their greencards? They have been travelling on a B2 visa for more than 15 years and never... Read more »

Agnes Jury
Agnes Jury answered on Oct 11, 2021

Here is a good article on this subject:

https://citizenpath.com/90-day-rule-adjusting-status/

If you still have questions or concerns after reading this article, I recommend you do a consultation with an experienced immigration attorney. Best wishes!

1 Answer | Asked in Immigration Law for California on
Q: Can I travel internationally before my new green card arrives?

My I-751 petition to remove conditions on residence has been approved and I received the approval notice today. I also received the update online that my new card has been issued and mailed to me. However I need to travel internationally very soon, and I’ve already filed the reentry permit... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 8, 2021

The most efficient way to secure your admission upon arrival would be calling the USCIS Customer Service, ask to be requested to Tier II agent and request a personal infopass to place an I-551 LPR stamp into your valid foreign national passport.

2 Answers | Asked in Immigration Law for California on
Q: Could we expedite the process of getting an interview date with the embassy (Abu Dhabi) after our docs got qualified?

I applied an I-130 for my husband and our documents are qualified since April 2020 at the NVC waiting for an interview date at the embassy. I am a LPR and priority date is may 2019.

I appreciate any info about if the embassy is taking interviews and if not then would it be a good option to... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 28, 2021

No, there is no way you could expedite that process until your background is complete to be called for the interview.

View More Answers

3 Answers | Asked in Immigration Law and International Law for California on
Q: Can a remote US employee living in Australia qualify for EB1C Green card?

Hi there, I am located in Brisbane Australia. I was born in India and hold Australian Citizenship. I work remotely from Australia for a US company. I have an Indefinite contract with the company, and I pay my taxes in Australia. My company does have 1 offshore office registered in London UK. I was... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Sep 22, 2021

The best approach to achieve immigrating to the US is to work with an experienced immigration attorney. The attorney will discuss with you various business visas and the requirements for the visa that is best for you. Supporting documents are based on your situation and qualifications. The... Read more »

View More Answers

4 Answers | Asked in Immigration Law for California on
Q: Where can I find a great lawyer online licensed in the state of CA?
Agnes Jury
Agnes Jury answered on Sep 21, 2021

Here on Justia. If you are looking for an immigration lawyer you should try www.AILA.org. You can also try private attorney referrals such as www.avvo.com. Best wishes!

View More Answers

1 Answer | Asked in Immigration Law for California on
Q: I am on H4 ead visa.Valid for 2 years.Husband is forcing me to leave the US or he will leave to nullify my status.

Can my husband force me to leave the US or can he nullify my visa by traveling back to his country.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 10, 2021

Unfortunately, yes.

If the Principal H1B foreign national cancels one's immigrant visa scope, duties or status and travels to one's home country, then, by operation of law, any H4B Beneficiary loses one's Beneficiary lawful status as well.

In terms of "forcing...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: Regarding the I-129F Alien Fiance proof of relationship, is proof of In-Person Meeting required due to COVID lockdown?

I met my fiance shortly prior to the beginning of the COVID-19 pandemic. Living in the UK, the moment things became romantic, I had wanted to go, but a strict lockdown of travel has prevented US to UK and UK to US flight. We want to be together, but there is not a way to make this happen. Having... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Sep 7, 2021

So in order to sponsor your fiancé for a K visa, a requirement is that you have to have a physical “in person meeting” within two years of filing the application. There are exceptions to this rule but they are extremely rare and it would not apply to your case based on the summary that you... Read more »

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: Can I certify for unemployment benefits if I have an EAD gap?

I applied for my EAD's renewal after my old EAD's expiration date which means there's now a gap in my employment authorization. I'm currently on unemployment and I wonder if I should continue certifying for unemployment benefits. If so, what would the risks be? I definitely... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 28, 2021

You are not qualified to receive UI benefits if you are not ready willing and able to take a full time job. If your immigration status means you do not have the right to work right now, then you should not certify that you can.

Good luck to you.

2 Answers | Asked in Immigration Law for California on
Q: My passport application in question 10 asks for "Parental Information" - I am 72, is this necessary?

Both are deceased . . .

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Aug 25, 2021

Yes the information is needed. There should be a place for their date of birth and possibly date of death.

View More Answers

1 Answer | Asked in Immigration Law for California on
Q: What can I do if my case is outside the normal processing time. I filled the form I539 on May 23. 2020.

I already did fill the form for cases out normal processing time and they asked me to wait 60days to get something in the mail and I didn’t get anything so I call them the didn’t give me an explanation

Agnes Jury
Agnes Jury answered on Aug 23, 2021

You can submit an inquiry to USCIS at: https://egov.uscis.gov/e-request/displayONPTForm.do?entryPoint=init&sroPageType=onpt

Best wishes!

1 Answer | Asked in Immigration Law for California on
Q: Does the petitioner have to go to interview at Cuidad Juarez ?

I am US citizen petitioning for my husband we live in Mexico . We just got the letter for the interview date at Cuidad Juarez . In the letter it says “ Only family members listed below in the "Additional Applicants" section who are intending to immigrate at this time must appear at the... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Aug 18, 2021

Yes. If they added your name you need to attend the interview.

1 Answer | Asked in Immigration Law for California on
Q: Can you change your sponsor right before your initial interview for immigrant visa?

my sister is living in the US with student visa, but her green card process has been ongoing during these times. Now she has her initial interview in a week and was asked to bring her sponsors' the most recent tax returns. The problem is her co-sponsor is not on the good term with her anymore... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Aug 18, 2021

I suggest she bring the I-864 for her new co sponsor to the interview and request that they be substituted for the co sponsor documents that were previously submitted. Whether the service will accept this is up to the protocol of USCIS where he interview will take place.

2 Answers | Asked in Immigration Law for California on
Q: Urgent: I have a question for my sons crba interview.

I have a son that has one month old and was born in mexico, im trying to register as a citizen(CRBA). I am a US Naturalization. And one of the requirement is this ( Documents to provide proof of father’s presence in the U.S. prior to child's birth (for at least 5 complete years and at... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Aug 18, 2021

You state that you are a USC by naturalization and the father is also a USC. At least one of you had to have lived in the USA for 5 years and two of those years after your 14th birthday. If one of you does not meet this requirement you child is not a USC by birth. You will need to establish a... Read more »

View More Answers

1 Answer | Asked in Immigration Law for California on
Q: Urgent. I have a question about my sons crba interview.

What does this law mean:

For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.

Does this... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Aug 17, 2021

You are looking at the rule for determining whether your son became a USC at birth. It doesn't sound like he became a USC at birth because you were not a USC at his birth. You do not state whether his father was a USC on the date of his birth.

You do not state how old your son is, his...
Read 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.