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California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: Does a latent TB (with a clear X-ray) reported in I-693 a concern to approve I-485 ?

I have finished my medical examination as part of the USCIS requirement.

In my medical test, I was found positive for Tuberculosis (TB) in the blood test. However in the follow-up X-ray examination, It was clean. I was found to have only 'latent TB' infection and not... Read more »

Agnes Jury
Agnes Jury answered on Mar 31, 2021

Positive TB tests happen frequently but if your doctor signed the I-693 form and assured you that there should not be a problem then there very likely will not be. But if you have the money and want peace of mind then doing another test after treatment can't hurt. Here is more information... Read more »

2 Answers | Asked in Immigration Law for California on
Q: Does USCIS consider ‘Economic Impact Payments’ (Stimulus) as ‘Means-Tested Public Benefits’ for Immigration purposes?

Hello

I came to the US and got married to a US citizen in 2019. My wife who is my Sponsor on Affidavit of Support Form I-864 received 2 Stimulus Payments in 2020/2021 - they were based on her last Tax Return when she was single. Because I didn’t work in the US in 2019, I didn't file... Read more »

Agnes Jury
Agnes Jury answered on Mar 30, 2021

As far as I am aware, U.S. Citizenship and Immigration Services (USCIS) has not clarified whether accepting the stimulus check is considered a public benefit for purposes of inadmissibility, but the USCIS Policy Manual indicates that tax credits are not considered public benefits in a public charge... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: I am filing concurrently forms i-130 (on behalf of my step father) and i-485. Can we file i-765 as well along with them?
Adan Vega
Adan Vega answered on Mar 29, 2021

You can submit the FORM I-765 concurrently with the FORM I-485.

You do not need to pay a filing fee for the FORM I-765 if you file in this manner.

Good luck to you.

2 Answers | Asked in Criminal Law and Immigration Law for California on
Q: Can i file a case against someone who is here but threatened my wife of serious injury although shes not here

Can i file a case on behalf of my wife?

Brian Scott Winkler
Brian Scott Winkler answered on Mar 28, 2021

Short answer is no.

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1 Answer | Asked in Immigration Law for California on
Q: Can i file for a case against someone who verbally said that she sent documents to immigration but it was not her money?

To prove that she can support her studies here and that she still keeps it and will pay them back as soon as she gets her green card. Thats why she was looking for someone to get married to for paper purposes only

Stanley Dale Radtke
Stanley Dale Radtke answered on Mar 28, 2021

You cannot "file a case against someone" because it is only the federal government that can initiate an action against someone for immigration fraud. This of a criminal offense, you can report a crime, but only the district attorney can actually file a criminal complaint against someone.

1 Answer | Asked in Immigration Law for California on
Q: selective service verification for citizenship

hi, how are you? when i came to usa, i didn't know i have apply for selective service, and i have send my document to get citizenship but looks like need verification document from selective service!

what is my situation?what i need to do?

i was born at 1991

thanks

Stanley Dale Radtke
Stanley Dale Radtke answered on Mar 27, 2021

Failing to register for potential military service can ruin your showing of good moral character for naturalization purposes.

If you are a man who lived in the U.S. or got your green card at any time between the ages of 18 and 26, you were expected to register with the U.S. Selective...
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1 Answer | Asked in Immigration Law for California on
Q: What is the legally correct way/form of signing the certificate of naturalization?

Do I have to sign by writing down my full name as it appears on the certificate? Or just sign it the way I sign documents, credit cards, etc (which, by the way, is also the signature that appears on/next to my photo on the certificate of naturalization)?

Hector E. Quiroga
Hector E. Quiroga answered on Mar 23, 2021

Sign it as you would sign any document.

1 Answer | Asked in Immigration Law for California on
Q: What is the correct process of doing a name change for my child?

I just became a US citizen (naturalization). My child is under the age of 18. And, I understand she automatically became a US citizen as well. The question I have is as follows. I'd like to do a name change for my child. What is the legal advice on how to do that? Apply for a name change in... Read more »

Adan Vega
Adan Vega answered on Mar 20, 2021

If your child has not obtained a lawful change of name prior to filing the FORM N-600 (or the U.S. passport application), the Certificate of Citizenship will reflect the name as stated in the lawful resident card. Hence, a petition must first be filed in civil court to obtain a decree authorizing... Read more »

1 Answer | Asked in Immigration Law for California on
Q: What does "proof that the intending immigrant's current employment will continue from the same source" mean on I-864?

I am currently working in the US with a TN status work authorization. I have been living with my husband since July 2020 and we just got married in February 2021. My husband is currently unemployed and studying, and does/will not mean the minimum annual income requirement to sponsor me. On the... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Mar 18, 2021

You can get a letter from your employer stating that your employ will continue and should specify at what rate of pay etc. The letterhead should identify the employer name at the top and give the name and the title of the person signing the letter, like a supervisor,

1 Answer | Asked in Divorce, Family Law, Immigration Law and Domestic Violence for California on
Q: What can I do in domestic abuse, they kicked me out of my house and I'm in the process of getting documents?

Abuse of economic power, he uses drugs, offenses, and I ran from home knowing that I cannot get a job nor do I have a family to support me here

Dale S. Gribow
Dale S. Gribow answered on Mar 16, 2021

CONTACT A LOCAL FAMILY LAW ATTORNEY ASAP WITH ALL THE INFO WRITTEN OUT IF POSSIBLE.

THERE MAY BE CIVIL AND CRIMINAL REMEDIES AT YOUR DISPOSAL DEPENDING ON THE FACTS THAT PLAY OUT.

3 Answers | Asked in Employment Law and Immigration Law for California on
Q: My boyfriend is here from South Africa for work. He works in Mississippi as a farm hand.

He states he’s not able to leave his employment to come to California and see me. What prohibits him from leaving?

Kevin L Dixler
Kevin L Dixler answered on Mar 15, 2021

I agree that there are too many reasons as my colleague mentioned. There is always the possibility that he is misinforming you. Questionable requests for money from people on the internet can be a source of fraud. He may be in Ghana or Nigeria for all that yo know.

He may not want to...
Read more »

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1 Answer | Asked in Immigration Law and Gov & Administrative Law for California on
Q: Can Dreamers go on cruise from CA/OR/WA-HI, CA/HI-AK, TX-NY/ME, or vice versa if it doesn't land on a foreign nation?

By this, I mean if a Dreamer doing so won't risk deportation or cancelation of DACA. And of course, this would be in times when things get back to normal.

The 2 letter codes represent the states while the hyphen represents the word "to".

I was also wondering if a... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Mar 11, 2021

I do not suggest this. Even though you may not arrive at a port outside the USA, each time you exit or enter the ship you go through customs.

4 Answers | Asked in Immigration Law for California on
Q: LPR for last 30 years lived outside USA with limited trips back to USA. What is needed for her to move permanently to US

My mother has GC I551 (77 no exp) and has lived lived outside USA with limited trips back and forth to USA with no issue getting through US immigration until 2019 when they questioned and allowed her through on a Visa waiver, which states that her GC is no longer valid. Question is my mother is now... Read more »

Mario Musil
Mario Musil answered on Mar 9, 2021

If they had her file a Form I 407 and turn in her green card, she will have to reapply for her LPR status. Even if they did not take the card, it is very likely that she may be in the system as having abandoned her status, which would mean she has to reapply. An experience immigration lawyer will... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: Do asylees applying for a green card also have to apply for a work permit? Thank you very much

I’m an Asylee. I applied for green card and I-765 at the same time. It’s been a 7 mount and my I-765 just denied. Can you have a comment about the reason for denial? and Will this denial affect my green card application? Their response is below:

8 CFR § 274a.12(c)(9) allows for... Read more »

Kevin L Dixler
Kevin L Dixler answered on Mar 8, 2021

No, it seems that you incorrectly filled out the I-765 form with the wrong classification. You will simply have to apply, again. You may have to pay a filing fee. I strongly recommend an appointment with a competent and experienced immigration attorney to avoid any complications and/or delays.

2 Answers | Asked in Immigration Law for California on
Q: If I don’t receive the receipt of my I -485 application before my I -94 due, can I still stay in the US?

I am a spouse of US citizen!

Came to US in mid Dec via VWP

Would like to apply for status change ?

But the time to leave the country is due on 9/ March, only 10 days away!

Agnes Jury
Agnes Jury answered on Mar 1, 2021

If you want to file for adjustment of status then technically you will not accrue "unlawful" presence from the time that USCIS receives your application and until they reach a decision on your application. So if they receive the application before your lawful stay ends, you should not... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: What are the options to change an F2 visa to a work permit one

I am an MBA and mechanics engineering graduate, residing in the US for 2 years, there is a company interested in hiring me. What should I do?

Is there any other option to obtain work permission?

Adan Vega
Adan Vega answered on Feb 24, 2021

You can ask your prospective employer to prepare to file for the H-1B status on your behalf in April 2021. The prospective employer will need to register with USCIS on or after March 3, 2021 in order to be eligible to file the FORM I-129H.

An experienced immigration attorney can assist you...
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1 Answer | Asked in Immigration Law for California on
Q: i was brought here at 9 now im 24 Whats the best way i can get a citizenship? my mother was born in the US we didnt act
Kevin L Dixler
Kevin L Dixler answered on Feb 24, 2021

The question is whether you have already derived citizenship. More information is needed about your mother. I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, like this office, before there are any more complications and confusion.... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Recent situation in Myanmar Military Coup, what could I do if I arrested? I am the US green card holder.

During COVID-19, I can’t go back to US.

Kyndra L Mulder
Kyndra L Mulder answered on Feb 10, 2021

Arrested for what? Contact the United States Consulate nearest you or leave the country.

1 Answer | Asked in Immigration Law for California on
Q: Hello I am planning to marry my boyfriend in Mexico. I would like to know if there is a possibility of him coming here

He has tried to cross the border before and was caught but ask to sign a paper that he voluntarily left the USA.. is there still a chance for me to bring him over here

Adan Vega
Adan Vega answered on Feb 8, 2021

If you are a U.S. citizen, you can file a FORM I-129F petition on behalf of your fiancé. Your fiancé can then apply for the K-1 visa at the U.S. consulate after USCIS approves the petition.

If you travel to Mexico and marry, then you will have to file the FORM I-130 relative petition...
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2 Answers | Asked in Immigration Law for California on
Q: Hi I am on an F2 Visa. There is a small company willing to hire me, how can I change mine to a work permitted visa?

I have MBA degree and 3 years experience in related work

Adan Vega
Adan Vega answered on Feb 6, 2021

If you can obtain a job offer that requires your degree then the prospective employer can file for an H-1B status with USCIS. The prospective employer will have to commence the process as soon as possible in order to timely file the petition this year.

An experienced and qualified attorney...
Read more »

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