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California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: If I petition my mom living in Mexico while I live in California, do I have to remain in California the whole process?

I want to petition my mom in December when I turn 21. I live in California right now. But I also plan on moving to Nevada in April of next year, before the process is complete. Would that affect the legal process in any way?

Mario Musil
Mario Musil answered on Oct 26, 2020

No, you are not required to stay in the same place. When you move your case may move to a different office and will continue to process there.

1 Answer | Asked in Immigration Law for California on
Q: I’m a citizen. My mom and 14 year old brother live in Mexico. Can I petition them together to speed up sibling process

Im 23 year old citizen. My mom came to the U.S illegally and returned voluntarily to Mexico in 2002, no deportation. She’s been in Mexico ever since. I know I can petition her and it’ll be fairly quick process. But she also has my brother who is 14 and he can’t stay in Mexico alone. Is there... Read more »

Mario Musil
Mario Musil answered on Oct 26, 2020

Hello,

You mother would be an immediate relative and you can petition for her and she would not have to wait for visa availability - meaning she could be a green card holder in about a year or so (not considering Covid delays). Your brother however is not an immediate relative to you and...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: Do I need to file I865 and AR11 if my physical address outside the USA remains the same but USA mailing address changed?

I am the petitioner petitioning my husband. We already have an approved I130. Our case is at NVC waiting for an interview date. Our physical address remains the same but our mailing address in USA has changed. I already sent an inquiry and notified NVC but do we also have to fill out AR 11 and an... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 20, 2020

The I-865 is not needed until the visa has been approved. You only need to notify USCIS of a changed mailing address if you have a case pending with USCIS. You have one pending with the NVC, so you’ll want to notify that agency.

1 Answer | Asked in Immigration Law for California on
Q: apply greencard for wife(lives out of usa ) first or apply citizensip for me ? i am dv greencard holder more than 5 yr.

its been more than five years , green card holder . i want to apply for my wife. so i want to figure out which one is the best to do at first either apply for her or apply citizenship for me . which one gonna be easy and fast?

Stanley Dale Radtke
Stanley Dale Radtke answered on Oct 20, 2020

Another alternative is to fill both at the same time. Once the I-130 is approved for your spouse, then, if you naturalize and become a US citizen, your visa petition automatically become an immediate relative petition.

1 Answer | Asked in Immigration Law for California on
Q: Do I need to fill out I 865 if my mailing address had changed but my physical address remains the same ?

I am a US citizen petitioning my husband. We have an approved I 130 and submitted all the documents including I 864 to NVC and they have been accepted. Right now we are just waiting for them to give us an interview date at the American embassy. Our physical address is in Mexico but our mailing... Read more »

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Oct 9, 2020

Hi, it is definitely important to change address ASAP during any immigration proceeding. Contact the NVC with your updated address. There is no special address change form for Consulate process.

Let me know if you have any questions or need help with any step of the process. Good luck!

1 Answer | Asked in Immigration Law for California on
Q: I am from India and filling for I 485. My birth certificate does not have my name but all other details. What can I do?

The law in India only allows name to be added upto 15 years age.

Mario Musil
Mario Musil answered on Oct 5, 2020

You may be able to obtain other forms of ID, for example, applicants from India often use a schooling certificate in lieu of a birth certificate.

2 Answers | Asked in Appeals / Appellate Law and Immigration Law for California on
Q: Denied I-130 and I-485 filed concurrently. Can appeal still be submitted to BIA, any other alternatives?

denial letter says no appeal to the decision, only motion to reconsider/reopen. But a field office made a mistake stating I-130 was abandoned and therefore got denied. Petition has never been abandoned and all info was provided on time.

Kyndra Mulder
Kyndra Mulder answered on Oct 2, 2020

A question that is unique to your particular situation should be discussed with an experienced immigration attorney. I can not advise you without looking at the record.

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1 Answer | Asked in Immigration Law for California on
Q: Planning to apply E2 and I am from Srilanka

If I process my E2 while I am in USA I know if I exit the country you will have to go to respective county USA embassy to get the visa again.will this rule apply for dependent as well or they can enter USA freely

Adan Vega
Adan Vega answered on Sep 27, 2020

As a citizen of Sri Lanka you can apply for the E-2 visa with USCIS if you are in lawful status and you can fulfill all of the requirements for a qualified investment in the U.S.

With certain exceptions, if you depart the U.S. you must visit the U.S. consulate in your home country to apply...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: H-1B visa transfer and extension

I am on H-1B visa with company X and have decided to join a non profit healthcare organization who will be transferring my H1-B visa along with extension. Will it impact if I decide to switch to any other company at later point in time post successfull transfer? What are chances that my Visa... Read more »

Adan Vega
Adan Vega answered on Sep 26, 2020

Whether you can successfully “port” to another employer depends on multiple factors including the amount of time that you have been in H-1B status, if the job position is a specialty occupation, your background and qualifications, etc. The same factors will come into play when you decide to... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Greencard renewal

I filed I-90 to renew my greencard. I went for my biometrics at the local uscis office last year. They notices I wrote my legal name differently (missing the married name) ie. Jane Ford instead of the legal Jane Ford Gordon. I explained to the officer there that I have made an error. I thought he... Read more »

Adan Vega
Adan Vega answered on Sep 24, 2020

You can submit an amended FORM I -90 and submit the divorce decree indicating your legal name.

Good luck to you.

1 Answer | Asked in Immigration Law for California on
Q: How do I help my usa born cousin enter usa with just birth certificate and ssn

My course was born in CA but she was taken to Mexico at a very young age and her name was changed in mexico all her records and school records are in a different name but she has her us social security and birth certificate but she has not reentered the county because she is scared they won't... Read more »

Adan Vega
Adan Vega answered on Sep 21, 2020

Your cousin should apply for a U.S. passport with the U>>S consulate while abroad and prior to attempting to enter the U.S.

The birth certificate and the social security card will be helpful in the request for the U.S. passport.

Good luck to you and your cousin.

1 Answer | Asked in Immigration Law for California on
Q: I applied asylum in April, I haven’t got any appointment for biometric finger print. Can I apply work permit 150 days ?

Even if, I don’t get appointment for biometric. Can I apply work permit after 150 days of waiting.

Hector E. Quiroga
Hector E. Quiroga answered on Sep 14, 2020

If you have the receipt notice showing you have applied and your application has been accepted, you should be able to file for a work authorization.

1 Answer | Asked in Immigration Law for California on
Q: Can one file multiple extensions for B2 visa during Covid-19 for parents?

My mother came to the US in Dec 2019 on B2 visa and her i94 was until June 2020. She was supposed to leave in June 2020, before her i94 expired, but due to the Covid situation, we filed a 6 month extension for her in April 2020. The current status of the application is “Application was... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 14, 2020

1. There is no need to file a second extension. In fact, it wouldn’t do you any good. It is best if you simply wait for USCIS to adjudicate that one currently pending.

2. If the individual can make the case, then such a reason should be considered.

1 Answer | Asked in Immigration Law for California on
Q: Permanent resident status

Hi..I am a u.s citizen and my wife is a greencard holder and I am currently outside the u.s and my stay was protracted (more than 5 years) due to me being alongside my mother who was ill and my wife was forced to stay with me this period as she obviously couldn't leave me and travel back to... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 13, 2020

If your wife took no action to preserve her status and she has no visa she may not be admitted at the border.

2 Answers | Asked in Immigration Law for California on
Q: Can I work for a US company solely from (remotely) from home as a Consultant/ Independent contractor without a Visa?

I am a Registered Nurse working in the US for over 30 years and recently my job placed me on "Temporary Leave" due to Covid 19 until we can resume full time indoor opening. My TN Visa status then was revoked completely by US Border Control when applying for a New TN Visa for a secondary... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 11, 2020

NO. Working without authorization will jeapordize your ability to receive any further immigration benefit seek. Secondly, remaining in the USA without a visa may also jeapordize any further immigration benefit you seek.

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3 Answers | Asked in Immigration Law for California on
Q: I have my Green card since 2008 the Gov just renewed my Green card for another 10 years but denied me my Citizenship?
Mario Musil
Mario Musil answered on Sep 6, 2020

The requirements for naturalization are more stringent than the requirements for the renewal of your permanent resident card. You should have an attorney review the denial letter with you to see what options you may have to obtain your citizenship.

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2 Answers | Asked in Immigration Law for California on
Q: My uncle lives in Texas, he is currently in coma and his wife and daughter are in Mexico. My uncles has papers(resident)

His wife and daughter dont have papers, can they get a permit to come and visit him?

Dale S. Gribow
Dale S. Gribow answered on Aug 19, 2020

YOU NEED TO INQUIRE FROM AN IMMIGRATION ATTORNEY NOT A CRIMINAL/PI LAWYER

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1 Answer | Asked in Immigration Law for California on
Q: Can anyone apply for extension of B2 visa stay, again for a 2nd time, when first one is pending?

Covid stranded aged 57(F) and 68(M)

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Aug 17, 2020

Hey, I’d say just wait for the decision on the first application. You can contact the USCIS or check the status of your case online. If you need help checking online, I’d be happy to help. Give me a call.

2 Answers | Asked in Immigration Law for California on
Q: My Iranian wife and I married during COVID quarantine and I’m not close to my family. How to best mitigate USCIS issues?

My Iranian wife and I married May of this year, we fell in love in grad school (I am a US citizen by the way). We married during COVID quarantine and I’m not close to my family, so only a few of her family members could Skype in.

How can we best mitigate issues with our green card application?

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Aug 17, 2020

Hey, Congratulations on your marriage. You can petition for your wife to adjust her status to permanent resident.

If you do not have close relatives to support your marriage in affidavits, you can ask close friends. Generally, the USCIS will only consider whether you and your current wife...
Read more »

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1 Answer | Asked in Criminal Law, Immigration Law and Securities Law for California on
Q: Can i Immigrate to us or canada having two non felony convictions for fraud?
Dale S. Gribow
Dale S. Gribow answered on Aug 16, 2020

you need to ask this of an Immigration Attorney ..........not a criminal law.

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