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California Immigration Law Questions & Answers
2 Answers | Asked in Criminal Law, Family Law and Immigration Law for California on
Q: Can I reclaim jewelry and require financial support from my non-citizen spouse?

I got married in September 2024, and my husband is undocumented. We agreed that I would sponsor him for his green card, but after two months of our marriage, he stopped financial support. I am unable to work due to a mental disability, and I require financial assistance for my needs and... View More

Mario Tafur
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Mario Tafur
answered on Apr 21, 2025

You may have a strong legal basis to recover the jewelry, valued at over 70 grams of 21k gold, taken by your spouse without permission. If the jewelry is your separate property (e.g., acquired before the marriage or as a gift), you retain exclusive ownership under California Family Code § 770. If... View More

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2 Answers | Asked in Immigration Law for California on
Q: Are green card holders facing secondary inspections at airports for staying over 180 days outside US?

I am a green card holder returning to the U.S. through LAX after staying overseas for about 11 months. Previously, I stayed overseas for just under a year and was only asked simple questions, such as which country I stayed in. With current immigration scrutiny, are green card holders now facing... View More

Monica E Rottermann
Monica E Rottermann
answered on Apr 13, 2025

Yes, you are more likely now than in the past to be sent to secondary and questioned on your lengthy absence from the United States. You should be prepared to provide an explanation for your absence and ideally have evidence of the cause for the absence as well as proof of your continued ties to... View More

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2 Answers | Asked in Immigration Law for California on
Q: Which visa is better for IT expert in AI: L1 or O1 for green card path?

As an IT expert specializing in AI with notable projects, currently residing outside the U.S. and looking to find a sponsor, I am considering applying for either an L1 or O1 visa. My goal is to eventually apply for an EB2 visa to obtain a green card and pursue citizenship in the future. Given my... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 11, 2025

L1visa is best if you already work for a multinational company with a U.S. branch, as it offers a clear path to a green card (especially through L1-A → EB-1C). The O1 visa is ideal if you have extraordinary achievements in AI (e.g., patents, awards, publications) since it allows you to... View More

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2 Answers | Asked in Immigration Law and Criminal Law for California on
Q: Denied citizenship due to 2015 drug charges resolved with PC 1000. Next steps?

I've been denied citizenship, and I suspect it is due to drug charges from 2015 that I handled myself. I completed the PC 1000 program to resolve these charges. I haven't sought legal help before. What should I do now regarding my citizenship application?

Mario Tafur
PREMIUM
Mario Tafur
answered on Apr 7, 2025

Your inquiry regarding the denial of your citizenship application, potentially linked to 2015 drug charges resolved through the PC 1000 program, involves a nuanced intersection of California criminal law and federal immigration law.

Under California Penal Code Section 1000, successful...
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2 Answers | Asked in Immigration Law for California on
Q: Will my baby born in the U.S. become a citizen, impacting my immigration status?

As non-American citizens currently residing in the U.S., will our baby automatically receive U.S. citizenship if born here, and what impact might this have on our immigration status?

Symantha Rhodes
Symantha Rhodes
answered on Mar 18, 2025

Generally, a child born in the United States acquires U.S. citizenship at birth, according to the principle of birthright citizenship enshrined in the 14th Amendment of the U.S. Constitution. This citizenship does not automatically confer U.S. citizenship or alter the immigration status of the... View More

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2 Answers | Asked in Immigration Law for California on
Q: What to do if the NVC loses track of a fiancé visa case?

I have a fiancé visa case that USCIS sent to the NVC on April 19, 2024. My lawyer has been communicating with the NVC, but they stated they don't know where my case has been sent. What steps can I take to resolve this issue?

Adam Dayan
PREMIUM
Adam Dayan pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2025

If the NVC loses track of a fiancé visa case, here’s what to do:

Check USCIS Status – Confirm your I-129F petition was approved and sent to the NVC via USCIS Case Status.

Contact NVC – Call +1-603-334-0700 or use the NVC Inquiry Form. Have your receipt number ready....
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3 Answers | Asked in Immigration Law and Family Law for California on
Q: Can my girlfriend from New Zealand apply for a green card if we marry while she's on an ESTA in the U.S.?

I am a U.S. citizen, and my girlfriend from New Zealand is currently in the U.S. on an ESTA. She has been here for 67 days. We are considering getting married before her ESTA expires, and I want to know if she can apply for a green card while in the U.S. so she doesn't have to return to New... View More

Ian E. Scott
Ian E. Scott pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025

Adjusting status is possible when you marry a US citizen even if you entered on ESTA. Once the I-485 has been filed, the applicant cannot leave until travel authorization has been obtained. Ideally the applicant entered without the intent to adjust but there is case law that could deal with this... View More

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2 Answers | Asked in Immigration Law for California on
Q: Concerns of a US permanent resident returning from Pakistan trip

I am a Pakistani citizen and a permanent resident of the USA. I plan to travel to Pakistan for 40 days and have a valid US green card and Pakistani passport. I've traveled to Pakistan before without issues. Will there be any problems upon my return to the USA?

Rozanna Pondeva Gasparian
PREMIUM
Rozanna Pondeva Gasparian
answered on Mar 10, 2025

If you have a valid Green Card, have not been outside of the United States for an extended period of time (6 months or more), have no prior arrests or convictions that can pose an issue, then you should not have any issues returning after your 40 day trip.

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2 Answers | Asked in Immigration Law and Family Law for California on
Q: Can I apply for a U.S. visitor visa to find a joint sponsor and save my marriage?

I am involved in a family immigration case, and the U.S. embassy has requested a joint sponsor, which I am struggling to find from Pakistan. I have never applied for a visitor visa before, but I want to visit the U.S. to personally search for a joint sponsor and also to save my relationship with my... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 8, 2025

OK before I answer your question, it’s important to point this out. I don’t know what your personal financial situation is but if you guys cannot satisfy the income test, you can satisfy the asset test if either of you have assets that equal three times the amount of minimum income required.... View More

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3 Answers | Asked in Immigration Law and Divorce for California on
Q: What options do I have if my wife can't find a joint sponsor for my immigration case?

My wife is in California, and we got married in 2018. I had an embassy interview in October 2024, and the immigration officer requested more evidence of our marriage and a joint sponsor since my wife's income is insufficient. When I informed my wife, she said she couldn’t find a joint... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 4, 2025

If your wife does not make sufficient income, or has sufficient assets, and if she cannot find a joint sponsor, then the state department will deny your spousal visa case. Remember that if she does not have sufficient income, she can substitute the asset test for the income test. So if she owns a... View More

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3 Answers | Asked in Immigration Law and Divorce for California on
Q: What options do I have if my wife can't find a joint sponsor for my immigration case?

My wife is in California, and we got married in 2018. I had an embassy interview in October 2024, and the immigration officer requested more evidence of our marriage and a joint sponsor since my wife's income is insufficient. When I informed my wife, she said she couldn’t find a joint... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 4, 2025

I would just like to add the following. If your wife does not have sufficient income, or sufficient assets to make up for insufficient income, and she cannot find a joint financial sponsor, then if you have sufficient assets, which would need to be $75,000 or more, then you could add that to your... View More

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2 Answers | Asked in Immigration Law for California on
Q: Seeking guidance on I-130 family petition for a parent, eligibility, challenges, and low-cost legal aid.

I want to know more about the process for filing an I-130 family petition for my parent. I haven't started the process yet and would like information on eligibility requirements and any potential challenges I might face. Additionally, I am looking for advice on finding low-cost or pro bono... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 26, 2025

A US citizen child over the age of 21 can sponsor their parent for a green card. If the parent is overseas, you can sponsor them and they would process at the US consulate in their country of residence. If the parent is inside the United States, you can sponsor them for adjustment of status and... View More

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2 Answers | Asked in DUI / DWI and Immigration Law for California on
Q: Would a misdemeanor DUI effect me removing conditions on a 2 year green card?

I currently have a 2 year green card with conditions and will need to apply to remove conditions using the form I-751

Mohammad H. Husan
PREMIUM
Mohammad H. Husan
answered on Jan 30, 2025

A misdemeanor DUI can influence the outcome of your I-751 petition, but it doesn’t automatically mean a denial. USCIS reviews criminal records as part of the evaluation process, focusing on whether the applicant demonstrates good moral character. A single DUI, especially without serious factors... View More

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2 Answers | Asked in Immigration Law for California on
Q: Can a parent deny US citizenship for their baby at the time of birth & opt for citizenship of the baby’s parent instead

Can the parents of a baby born in USA deny US citizenship for their baby and choose to opt for the parents citizenship instead. Kindly consider that both parents are citizens of India. Thank you!

Rozanna Pondeva Gasparian
PREMIUM
Rozanna Pondeva Gasparian
answered on Jan 28, 2025

A child born in the Untied States is considered a United States Citizen at the time of birth under the 14th Amendment. In addition, if the other country recognizes dual citizenship, then yes a child could have more than one citizenship as the US currently recognizes dual citizenship. I would speak... View More

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3 Answers | Asked in Immigration Law for California on
Q: Immigrate my girlfriend from Manila, Philippines, to Garden Grove, Ca? I know there are 4 or 5 important ones to start.

I am just beginning my journey... but I want to bring my girlfriend to USA to marry. I need help through the process. Can someone explain what is needed? Cost, What paperwork for the application, the history of our families, the timing, interviews and what to expect please?

I know my... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 19, 2024

A fiancée petition should be filed using Form I-129F. The filing fee is $675. It could take about a year or so to get a decision after which your fiancée will need to schedule a K1 visa interview at the US embassy in Manila and pay a $265 fee and medical exam fee. Work with an immigration attorney

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3 Answers | Asked in Immigration Law for California on
Q: Immigrate my girlfriend from Manila, Philippines, to Garden Grove, Ca? I know there are 4 or 5 important ones to start.

I am just beginning my journey... but I want to bring my girlfriend to USA to marry. I need help through the process. Can someone explain what is needed? Cost, What paperwork for the application, the history of our families, the timing, interviews and what to expect please?

I know my... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 20, 2024

There are many forms and many documents in the journey to process your fiancé to become legal in America. The best approach is to contact an immigration attorney for a consultation on the phone to go over the process because it can be a little complicated. If you are not working right now, or you... View More

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4 Answers | Asked in Divorce and Immigration Law for California on
Q: Need help . Need to divorce my wife of 2 years. No kids. She has provisional green card. I petitioned her to come to US.
Stephen Arnold Black
Stephen Arnold Black
answered on Nov 13, 2024

Be forewarned that she may try to enforce the I-864 affidavit of support that you filed with your Immigration case.

Even if a spouse immigrant is denied alimony in divorce proceeding, she or he can seek support as set out under form I-864. Further, the spouse immigrant has no obligation to...
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2 Answers | Asked in Immigration Law for California on
Q: Will my B2 visa be approved?

I’m an 18 years old italian citizen, and i’m planning on applying for a B2 visa due to my love for tourism.

I’ve heard that the approval of the B2 visa is mainly based on my ties to my home country, in this case Italy.

Are my job and my school considered a strong tie to my... View More

Rozanna Pondeva Gasparian
PREMIUM
Rozanna Pondeva Gasparian
answered on Oct 14, 2024

When a tourist visa interview is conducted, you are correct that they are looking at your home ties. A tourist visa is a non-immigrant visa meaning, when one applies for it they have to show that they have an intent to return home, and the more ties you can show you have to your home country (the... View More

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2 Answers | Asked in Immigration Law for California on
Q: Can a legal temporary resident apply to change their name and last name in California?

I’m an italian citizen who’s also a legal temporary resident in California.

Can i apply to change my name and last name just as a permanent resident would?

Does the state of California only allow permanent residents to change their name?

What does the California... View More

Rozanna Pondeva Gasparian
PREMIUM
Rozanna Pondeva Gasparian
answered on Oct 7, 2024

Yes, as temporary resident, so long as you meet the residency requirements in California and the county that you are residing in, you are able to file for a legal name change.

There is absolutely no relevance of your immigration status in the United States in order to change your name...
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2 Answers | Asked in Immigration Law for California on
Q: My N400 interview was descheduled 7 minutes after being scheduled

I was scheduled for a N400 naturalization interview at the San Jose field office on October 1, 2024, and then suddenly after 7 minutes if it getting scheduled, I get another notification saying that it was descheduled. The notice says that it was descheduled due to unforeseen reasons, and they will... View More

Rozanna Pondeva Gasparian
PREMIUM
Rozanna Pondeva Gasparian
answered on Sep 3, 2024

This is nothing of major concern. Unfortunately, USCIS does sometimes cancel and reschedule interviews due to a number of reasons related to their availability, etc. and nothing that has to do with the actual applicant. I would recommend that you stay on top of it and follow-up constantly if you do... View More

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