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California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: If I sponsor my fiancé on a K1 Visa but live with my mom but file taxes as an independent is she part of the household

Would my household be of 2 me and my fiancée or would I have to include my mom even if she works and isn’t my dependent. Thank you in advance .

Agnes Jury
Agnes Jury answered on Jul 27, 2021

No. You do not count your mom. Here is a great guide on the subject: https://www.ilrc.org/sites/default/files/resources/intro_guide_affidavit_support-20180410.pdf

Best wishes!

1 Answer | Asked in Immigration Law for California on
Q: My husbands case was sent to NVC. Received 60 day period letter from NVC. Will we be getting interview by end of year?

03/2019 Pardon waiver approved

IR1- both in USA ( I’m a citizen asking for husband)

5/15/2020 Case sent to NVC and completed

5/28/21- received a letter from NVC that our case “ immigrant visa is documentarily complete at the National Visa center ...The next... Read more »

Agnes Jury
Agnes Jury answered on Jul 16, 2021

There is no way to know/predict for sure because it depends on how busy the Embassy is and how fast they are working on catching up with their COVID caused backlog. You can call the Embassy where the file was sent to see if they will let you know the date of immigrant visa documentarily qualified... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Im looking for a lawyer for imigration service. Law i601. I merry to a us women .

Im looking for a lawyer for imigration service. Law i601. I merry to a us women .

Henry George Haddad
Henry George Haddad answered on Jul 13, 2021

You are referring to a Waiver application based upon hardship to an immediate family member. There are two types depending on the situation you are faced with.

Our office has been handling immigration matters for over 35 years and can represent you/your wife.

Call us at...
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1 Answer | Asked in Immigration Law, Real Estate Law, Tax Law and Estate Planning for California on
Q: If I’m a US citizen does that mean I’m also US resident even if I have residency abroad?

My Grandparents have made a condition on their Trust that no funds should go to issues of my Mom who are not permanent residents of the United States. I have been living in Germany under temporary residency permits and now I’m in California considering moving back to US now in order to protect... Read more »

Agnes Jury
Agnes Jury answered on Jul 9, 2021

The term "permanent resident" of the U.S. in immigration law context refers to someone who is NOT a U.S. citizen but has obtained the right to permanently reside in the U.S. (a.k.a. Green card) and is physically present in the U.S. typically at least 6 months out of any year (so not to... Read more »

1 Answer | Asked in Family Law and Immigration Law for California on
Q: US spouse asks for money for help with status adjustment after marriage but before USCIS accepted the case.

None

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Jul 3, 2021

You said she asked you to "pay her for help with my status adjustment." That is marriage based visa fraud and can cause many problems. You said she is acting manipulative. You need to really consider what is happening. You should seek more indepth advice from a lawyer from the directory... Read more »

2 Answers | Asked in Immigration Law for California on
Q: Form I-864/I-864A which form to fill.

My husband's family member is the only joint sponsor. does he have to fill the form I-864A or I-864 and check the only joint sponsor?

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Jun 30, 2021

He fills oit the 964 and checks only joint sponsor.

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1 Answer | Asked in Immigration Law for California on
Q: When will I get my US citizenship?

If I marry a green card holder (who just got her employment based green card), assuming everything goes well, will I get my US citizenship along with her 5 yrs from now? OR in 5+3 = 8 yrs from now? Both of us are Indians. (I know there are plenty ifs and buts here, but assume there are no hiccups).

Adan Vega
Adan Vega answered on Jun 27, 2021

You are presenting a scenario that requires numerous suppositions.

IF you marry and IF you are in status and IF the visa is available (see the visa bulletin) you can apply for adjustment of status.

IF you remain married to your resident spouse and IF you are not deportable and IF...
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1 Answer | Asked in Immigration Law for California on
Q: I petitioned my son I-130 what are the chances I get the application expedited if I Make a request? he is my only son

I am 69 years old I have only 1 son and I petitioned for him and its been 2 years, he is in removal proceedings in the 9th circut, what are the chances I get my application expedited and if the request is granted how much further can they move the appicaiton? he is my only son I have type 2... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jun 23, 2021

I suggest you retain an experienced immigration attorney to represent your son in removal proceedings. Your issue is more complicated than can be addressed on this page.

1 Answer | Asked in Immigration Law for California on
Q: But I am currently on a 3 year probation from my criminal conviction. Should I wait to get a formal deportation order?
Stanley Dale Radtke
Stanley Dale Radtke answered on Jun 15, 2021

It depends on what you want to do. If you merely want to return to your home country, then there is no reason to wait for an order of deportation. If you do not want to return to your country of origin, then you will have the opportunity to contest any final order of removal before an immigration... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I missed my master calendar hearing. I got green card through marriage through a US citizen. I was not able to apply to

My partner and I are separated now. I recently had a criminal conviction of healthcare fraud and had 6 months prison sentence. And I just wanna go back home to Canada. Will they arrest me right away?

Kyndra L Mulder
Kyndra L Mulder answered on Jun 14, 2021

Your failure to appear has most likely resulted in an order of removal. If you never plan to return to the USA there is no reason that you can not just leave - based on the information you have provided.

ICE can seek you out and arrest you but this is rare.

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: What are the options to work and stay in the country apart from H1B Visa?

I am international student and currently on F1 Visa. I have substantial degrees Bachelor's, Post Graduate from India have completed my MS Marketing in the U.S and soon will be conferred with MBA in U.S. I have 20 years of work experience with 3.5 years (OPT/CPT - 40 HOURS) within U.S. I am... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 13, 2021

The decision in the 1990s not to make permanent, the 200,000 visa cap pretty much created the professional work visa mess of the 2000s.

Most will find the road to seeking a work visa cost ineffective. There may be other visa options for some, but not for others.

As a result, I...
Read more »

1 Answer | Asked in Immigration Law and Employment Law for California on
Q: Can the minor child (17) of someone currently on a work visa waiting to receive their green card work legally in the US?

17 year old hopes to find work while her mother is waiting to receive her green card. She has already applied and has been waiting for a while, her daughter wants to get a summer job in the meantime to help support the family. Is the daughter eligible to work if the parent is on a legal sponsored... Read more »

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

Not this summer. The daughter must be a derivative beneficiary. That is, she must be able to qualify for adjustment of status based upon her mom’s current immigrant visa. This requires an understanding of how the current visa bulletin works.

I strongly recommend an appointment with a...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: Any problem for a person awaiting GC+citizenship to use benefit such as: unemployment, or covered CA healthcare etc?

Marriage based GC -- awaiting removal of conditions and citizenship approvals. Just lost job. Getting conflicting advice on whether any of the benefits above are better not being asked for or not.... Thanks

Agnes Jury
Agnes Jury answered on Jun 10, 2021

You should avoid asking for benefits considered by USCIS to be public benefits. Unemployment benefits are NOT public benefits (it is insurance that you pay into) and thus you can collect those. A list of public benefits and more info on "Public charge" can be found here:... Read more »

1 Answer | Asked in Animal / Dog Law, Criminal Law and Immigration Law for California on
Q: Animal cruelty felony conviction 597(a) affect on asylum case? is that an "automatic" rejection?

Hello, I have an animal cruelty case with an offer to accept home detention and felony conviction. If I accept the settlement conviction, would it be automatically bar my asylum case? I am waiting on individual hearing.

Dale S. Gribow
Dale S. Gribow answered on Jun 8, 2021

MORE INFO NEEDED.

HOWEVER, THAT IS NOT SO MUCH A CRIMINAL LAW QUESTION AS IT IS AN IMMIGRATION QUESTION.

YOU SHOULD MAKE AN APPOINTMENT WITH A LOCAL IMMIGRATION ATTORNEY ASAP AS YOUR CASE APPEARS TO BE PENDING.

2 Answers | Asked in Immigration Law for California on
Q: Awaiting marriage-based i751+citizenship approvals. Lost job yesterday. Should I avoid asking for EDD/Foodstamps/else?

I rather not take any risk, and I also don't want my wife liable (even though we file taxes seperately).

I tried reading here: https://www.uscis.gov/archive/public-charge-fact-sheet and also here... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Jun 8, 2021

Yes, if you accept public assistance as an immigrant, you may be held inadmissible at the time you seek to adjust status.

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2 Answers | Asked in Immigration Law for California on
Q: My wife on a b/1b/2 visa got married to me a us citizen in California . Can she enter the United States again?

Before the pandemic started I got married to my wife in California. She currently is studying in Mexico and fully employed but I would like her to come visit me after the pandemic border restrictions are over. Can she still enter to the us without any problems? She has her visitors visa still... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jun 2, 2021

Your wife should carry with her significant documentation to show that she is only coming to the USA to visit and she intends to return to Mexico. Because she is married to a USC their is a presumption that she intends to immigrate and her visitor visa may be cancelled.

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1 Answer | Asked in Immigration Law for California on
Q: Hi,my conditional residence is in process. I got a receipt & it’s says I’ve an 18 moths extension.Can I travel Interna

Would I have any-problem traveling internationally on my way back ?

Since I don’t have the actual green card ... or do I need a special permit?

Thank you,

Lucero

Adan Vega
Adan Vega answered on May 13, 2021

If you filed the FORM I-751 and you have been issued a receipt for such filing by USCIS, you can travel abroad while in possession of (a) the expired conditional resident card and (b) the receipt of the filed FORM I-751provided that you are not inadmissible.

CBP will allow you admission...
Read more »

1 Answer | Asked in Child Custody, Contracts, Immigration Law and Appeals / Appellate Law for California on
Q: I found out that my old friends mom is using me as a reason to get custody over her daughter. Is this legal?

She thinks I’m a bad influence because she made assumptions about me. I haven’t hung out with her daughter in over a year or even gone to their house in two. She thinks that her dad will let me hang out with her but her dad and step mom hate me to.

Kevin L Dixler
Kevin L Dixler answered on May 7, 2021

How is this an immigration question? It seems like a matter that involves child custody. You may have rights, but may lose them if this is your child.

I strongly recommend an appointment with a competent California domestic relations attorney that handles child custody issues. Good luck!

2 Answers | Asked in Immigration Law for California on
Q: I recently married a Romanian citizen in their country. To which authorities do I report it in the USA?
Adan Vega
Adan Vega answered on May 5, 2021

If you are a U.S. citizen or resident and you wish to file a relative petition on behalf of your spouse , you can file the FORM I-130 with DHS/USCIS. This will commence the process for your spouse to ultimately obtain the immigrant visa with the U.S. consulate.

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1 Answer | Asked in Immigration Law and Employment Law for California on
Q: For a student on F1 visa, under OPT, is it required to get a business license to work as an independent contractor?

I'm a musician who was planning to offer music related services online and at the same time work on my recordings and releases. Is it necessary for me to get a business license to work out of home as an independent contractor and if so what steps are required to be taken to get the license?... Read more »

Neil Pedersen
Neil Pedersen answered on May 4, 2021

Business licenses are usually issued by cities, and the requirements for getting one will depend on the particular city in which your business will be based. Therefore to find the steps necessary, call your City Hall.

If you are looking to open a business in California, then you must...
Read more »

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