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California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: My son is under DACA since the program comes in effect. He fell in love and married his girlfriend who is a US citizen .

He fell in love and married his girlfriend in January 2019. In March he filled out and sent an application for change of status. He send with the documents all the corresponding payments. Until this day he has not received any response. He called the immigration offices and they have told him... Read more »

Kevin L Dixler
Kevin L Dixler answered on Oct 13, 2019

Immigration law and the process is a complicated system. Many are disqualified and denied as a matter of law. Some forms are lost without additional forms, such as a G-1145 to try to secure proof of receipt. However, there are other means to track down files.

As a result, I strongly...
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1 Answer | Asked in Immigration Law for California on
Q: Hi there, my case was just denied Form I-140, after an RFE on my EB1 visa. Can I go home to my own country now?

I have been waiting in the USA due to not being able to leave after getting an RFE, but now that I see my case was denied yesterday on the https://egov.uscis.gov website, does that mean I can just go home? Or do I have to wait for their official letter?

Kevin L Dixler
Kevin L Dixler answered on Oct 12, 2019

It is best to understand the consequences of the decision. You may never qualify for a non-immigrant visitor visa, or other non-immigration visa, if you’ve demonstrated immigration intent. There may be other concerns that such a departure can trigger.

As a result, I strongly recommend an...
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2 Answers | Asked in Immigration Law for California on
Q: If there's deliberately incorrect info on a marriage license used for a green card, does that invalidate the green card?

My father secretly married a foreign woman in the US while living with another woman in the house where the foreign woman said she was living on the marriage license. Would that invalidate the marriage license? I'm asking because I'm worried that she's scheming to divorce him and take half his... Read more »

Kevin L Dixler
Kevin L Dixler answered on Oct 11, 2019

It’s more complicated than that. It ‘appears,’ unless he is lying, that he ‘was not’ or ‘is no longer’ in love with this so called manipulative woman. Some men lie about past relationships gone bad.

It also appears that he does not plan to share his life with her, nor does...
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1 Answer | Asked in Immigration Law for California on
Q: Correlation between visa security checks and I485 security checks for common name?

Hello,

Is there a correlation between how long a security check would take for a non-immigrant visa (consular processing) vs adjustment of status while in USA (I-485)? I waited for my F1 visa for 10 months years ago due to my common name and just wondering if I should expect a similar delay... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 9, 2019

It is unlikely, since you have already been admitted to the US, and you say that you waited for F1 approval “years ago”. Having said that, depending on what country you are from you might still be subjected to significant scrutiny as part of your adjustment of status application, given the... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Could apply for green card lottery be a problem for future visa applications?

Hello, I have the following questions

1. Can apply for a non immigrant or immigrant visa be a problem if I applied for the green card lottery but I wasn’t selected?

2. If I win the Lottery but my petition for obtaining the green card is denied can I apply for a non immigrant or... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 8, 2019

1. A rejected green card lottery application in and of itself will not prevent you from getting a visa in the future.

2. It depends why your green card was denied. If it was denied because of an immigration law violation, then it is unlikely that your application will be approved, no matter...
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1 Answer | Asked in Criminal Law, Divorce and Immigration Law for California on
Q: Hello, I am so glad I am finally writing this message. I have a very strong case against someone and I need your help

I have a very strong case against someone and need your help please

Dale S. Gribow
Dale S. Gribow answered on Oct 3, 2019

much more info needed.

i handle accidents and DUI in the greater palm springs area........is it that area of law in that location?

prepare a detailed summary so that you can forward it to the lawyer with whom you are going to talk...but not on this open forum that anyone can read.

1 Answer | Asked in Immigration Law for California on
Q: Leaving and reentering the US on ESTA?

Hello, my girlfriend is currently in the US on a J-1 visa. She will be traveling back to Denmark mid October because her J-1 is expiring. She will be visiting family in Denmark from mid October to end of October 2019. She then would like to again visit the US early September 2019. Her ESTA will be... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 24, 2019

If she is subject to the two-year foreign residency requirement, it could. She should check both her visa and with the agency through which she got the visa.

1 Answer | Asked in Immigration Law for California on
Q: Will a lawful permanent resident be subject to public charge determination if receiving SSD benefits ?

What is the status of Category Z2 Green Card holder ?

Hector E. Quiroga
Hector E. Quiroga answered on Sep 24, 2019

Not if the recipient is otherwise eligible for them.

1 Answer | Asked in Immigration Law for California on
Q: I have options but which one is the right one

My mother brought me into the US illegally when I was 5 months. We stayed here, never left. She submitted a u visa in 2017. But I had a son last year(2018) with a us citizen should getting married with him be a quicker process? I am trying to continue my studies but can’t due to my legal status.... Read more »

Kevin L Dixler
Kevin L Dixler answered on Sep 14, 2019

More information is needed about your boyfriend. He may be disqualified from petitioning you. You may also have to seek a waiver depending upon your age, along with consular processing. That can take time and not everyone who files for a waiver is approved.

In addition, the U visa process...
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1 Answer | Asked in Immigration Law for California on
Q: trying to get papers through my daughter a U.S Citizen and is 21.

came into the country with a passport but overstayed my Visa, how do I apply for a green card through my daughter who is 21.

Stephen Arnold Black
Stephen Arnold Black answered on Sep 13, 2019

If you entered the US legally, and your daughter is a US citizen then you can file for an immediate relative petition, despite the overstay, provided you do not have any grounds of inadmissibility and you do not travel outside the US prior to getting your advance parole document. Counsel anywhere... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I filed F2A-LPR spouse (Philippines) PD: Nov 6,2018.

I noticed that I didnot include the I130A form and no passport photo. I only attached our marriage certificate and copy of my greencard in my application.

At the same time, the I130form that I submitted indicated expires at 07/2017. Now, I dont know what to do? Do I need to write them a... Read more »

Svetlana Kats
Svetlana Kats answered on Sep 10, 2019

Since you filed an old version of the I-130 application, most likely they will reject ( not deny) your case.

They will return your application and filing fees and will instruct you to re-file using current version of I-130.

1 Answer | Asked in Immigration Law for California on
Q: If the tourist visa B-2 gets rejected, would it have any negative impact on my I-130 immigration petition?

USCIS approved my I-130 family immigration case, and currently working with NVC to finalize the documents and schedule interview at the US Consulate in New Delhi, India. The priority date is expected to become current next year around September.

(i) Meanwhile can i apply for tourist (B-2)... Read more »

Kevin L Dixler
Kevin L Dixler answered on Sep 1, 2019

If the consular official thinks that you are circumventing the immigrant visa process, the State Department can find that you committed misrepresentation and indefinitely ban you from immigration. Fraud waivers after a recent violation can prove futile, so your visa may be revoked.

At this...
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2 Answers | Asked in Immigration Law and Tax Law for California on
Q: Citizenship and possible back taxes.

My citizenship interview is scheduled for September. I may owe taxes to the IRS.

1. My former husband and I had an installment agreement with the IRS. We divorced in 2018; the marriage settlement agreement states that “the debt to the IRS” (it doesn’t specify the amount owed or the... Read more »

Kevin L Dixler
Kevin L Dixler answered on Aug 26, 2019

Yes, you should bring proof that you filed your tax returns, among other items, as mentioned. It’s unclear whether the documents will prove enough or even the subject of a request, but the examiner can make a request as a matter of discretion.

If asked for your tax returns, or proof of...
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1 Answer | Asked in Immigration Law for California on
Q: Im taking my 14 year old cousin to Mexico, he does not have a passport. What do we need to take to cross back safely
Kevin L Dixler
Kevin L Dixler answered on Aug 20, 2019

More information is needed. He must have a passport to travel to Mexico, but he must have a U.S. Passport to return.

I strongly recommend an appointment or teleconference before there are any other complications. Good luck.

The above is general information, not legal advice, and...
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3 Answers | Asked in Immigration Law for California on
Q: We signed an affidavit of support for my brother-in-law. He has a temporary green card. He has medical and food stamps.

He applied without letting us know, and he is also scheduled to have surgery. The surgery is not an emergency. Will we be held responsible for the surgery and the food stamps? We live in California.

Kevin L Dixler
Kevin L Dixler answered on Aug 20, 2019

This is unclear, but he can ask that the hospital collect from you. The U.S. Government has the right to seek reimbursement from you upon discovery that he lacks medical insurance. However, the government, through the Department of Justice, must decide whether to take action on the affidavit of... Read more »

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1 Answer | Asked in Divorce and Immigration Law for California on
Q: After marring my husband he decided not to proceed with the process of applying for my permanent residence...?

Hello I have been living in the US for almost 10years now. I came in with a k1- fiance visa. I married my husband within the 90 day period. After marring my husband he decided not to proceed with the process of applying for my permanent residence (adjustment of status). We had our 2 children... Read more »

Kyle Persaud
Kyle Persaud answered on Aug 20, 2019

You are the victim of spousal abuse. The Violence Against Women Act (VAWA) will allow you to apply for a green card without your abusive spouse petitioning for you. This process exists so that non-citizens will not have to be dependent on an abusive spouse, in order to stay in the U.S.

To...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: HI, I am a green card holder but a citizen through my parents. I want to change my name and gender.

When I was 15, I was naturalized as a citizen through my parents. But I've got a green card. I know for a fact that this is what happens and I don't need a naturalization certificate to apply for a US passport.

But before I apply, I want to change my name and gender. Does this complicate... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 19, 2019

You are a citizen; you don’t need a green card. A US passport or certificate of citizenship is sufficient to prove your status.

Changing your name/gender will likely create delays, yes. Make sure all changes are well-documented.

1 Answer | Asked in Immigration Law for California on
Q: Would an expunged "Minor in Possession" of alcohol misdemeanor record be grounds for denying US citizenship?

I received a minor in possession misdemeanor back in college 20 years ago in California and the record was expunged after paying the fine and completing an alcohol education class. Would this be grounds for denying citizenship? (Assuming I state the expunged record on my application). I have been a... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 19, 2019

Minor in possession is not a ground of deportability. Twenty years is far outside of the time you must show good moral character (5 years). This should not impact your citizenship case.

1 Answer | Asked in Immigration Law for California on
Q: Hello, I am a green cardholder category IR7 (as of late 2016), how long do I have to wait to apply for citizenship?

When I was 15 years old I got adopted by US citizens. Because my Visa did not show I legally entered the country as a lawful resident, I came in as a tourist then got adopted. I did not automatically get citizenship. It wasn't until I became of legal age that I obtained my permanent resident card.... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Aug 15, 2019

If you did not derive US citizenship from your adoptive parents by operation of law, In order to be eligible for naturalization you need to have 5 years of lawful permanent resident status (LPR), show that you have been physically present in the US for at least 2.5 years of those five (this could... Read more »

1 Answer | Asked in Immigration Law for California on
Q: My brother is in F3 category. His priority date is 12/07/2007. Start filling date is now 12/22/2007. What options he has

Which means he can start filing. He also has a visitor visa. Can he come here on visitor visa and file for change of status to get an EAD with AP.

Kevin L Dixler
Kevin L Dixler answered on Aug 13, 2019

No, if he does so then he violates the terms of his non-immigrant visa, so he can be summarily removed by the CBP at the airport. Assuming that he arrives, he may experience delays and harassment by USCIS. There may be other issues regarding dependents, among other possible complications... Read more »

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