Lawyers, Answer Questions  & Get Points Log In
California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: My fiance served time for crossing border w/marijuana in 01. Im a US citzn, we have 15 mo old, can get him a green card?

He served in Arizona, was released 2001. We have been together for 6 years 10 months, our baby is 15 months old. We want to get married and live here in California. He currently works for the IMSS (Mexican Institute of Social Security-Federal Medial Hospital) in Tecate Baja California.

Monica E Rottermann
Monica E Rottermann
answered on Jan 25, 2023

Depends on the amount of marijuana that he was caught with and exactly what he was convicted of. If he was convicted of possession for sale or something along those lines, this would constitute a drug trafficking conviction, which would make him permanently inadmissible to the United States.... Read more »

1 Answer | Asked in Immigration Law for California on
Q: How many days of the year do you have to be in the country to retain your green card?
Monica E Rottermann
Monica E Rottermann
answered on Jan 16, 2023

A lawful permanent resident should not be outside of the United States for 6 months or longer in a single trip, or they could risk abandoning their status.

In terms of applying for naturalization, an applicant needs to establish that they have been continuously present in the United...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: I 485 filed in Nov 2022 with I130 approved in June 2022, I 94 expiring in Jan 21st 2023. Option to travel outside US?

My parents got I-130 approved in June'2022. I filed their AOS (I-485) in Nov 2022, waiting to hear from USCIS. Their I-94 is valid till Jan 21'2023. They want to travel to India in Jan/Feb 2023. While waiting for I 485 approval, can I file their Advanced Parole (I-131) so that they can... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jan 9, 2023

The current posted processing time for Form I-131 (Advanced Parole) at the National Benefits Center is 11.5 months, so if you file the AP applications now the applications will not be approved in time for travel in the next month. If your parents have an emergency reason they need to travel to... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I am on F-1 visa completing my OPT. I pass 183 days of substantial presence test. Should I file form W-9 or W-8?

I came to the US in 2016 on a student visa and this is how many days I stayed in the US from 2016 to 2022:

- 2016: 110 days

- 2017: 315

- 2018: 255

- 2019: 249

-2020: 82

-2021: 330

-2022: 365

Lilia  Alcaraz
Lilia Alcaraz
answered on Jan 8, 2023

Hello Long Beach Resident! As a student, you are exempt from the substantial presence test. You should not count days when you are an exempt individual for the substantial presence test calculation. Refer to Publication 519, US Tax Guide for Aliens at... Read more »

1 Answer | Asked in Criminal Law, Family Law, Immigration Law and Civil Rights for California on
Q: Can an undocumented get a visa after arguing with a U.S. citizen? (Argument between siblings/no physical altercations)

No physical altercations incurred only in person profane language exchanged that stemmed from alcoholic behavior from an undocumented married sibling that lives apart from the other sibling.

*undocumented immigrant*

Louis George Fazzi
Louis George Fazzi
answered on Jan 5, 2023

You have not provided sufficient information to allow me to give you a reasonable answer. Whether you can get a visa is up to the United States Department of State, otherwise known as the State Department.

However, whether you argue with a United States citizen or someone else should have...
Read more »

1 Answer | Asked in Tax Law and Immigration Law for California on
Q: Can my foreign partner with ITIN and a USA bank simply file a 1040 or does he have to file a 1040NR?

Can my foreign partner (who only visits the USA and does not live in the USA) with ITIN and a USA bank account simply file an IRS form 1040 instead of 1040NR? Also would this partner need to declare his foreign (Irish) income on the 1040?

Matthew R. Porter
PREMIUM
Matthew R. Porter
answered on Dec 20, 2022

U.S. tax residents are subject to worldwide taxation. Your friend should discuss this situation with an experienced international tax accountant to determine if there is an opportunity to make an election to be treated as a U.S. tax resident. If there is an election to be treated as a U.S. tax... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Does it make sense to expedite the I130?

I am a US Citizen applying for my wife's I130 for the spouse green card. We are in Belarus and we are considering expediting the case given the situation here in Belarus. Thoughts?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 19, 2022

There is no designated method to expedite one’s pending I-130, however, this case requires an immediate legal consultation with an experienced immigration attorney to suggest the most optimal course of action as the situation is fluid and may disintegrate further, thus changing the initial fact... Read more »

2 Answers | Asked in Immigration Law for California on
Q: Approval Case Decision Rendered On December 5, 2022, we approved your Form N600 ? What is rendered mean?

Approval Case Decision Rendered

On December 5, 2022, we approved your Form N-600, Application for Certificate of Citizenship, Receipt Number

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 12, 2022

In simple terms the word "render means "to provide service, give, make, cause something to happen". Thus, the referenced case has been approved and the document should be expected at the address listed in that initial N-600 application.

View More Answers

1 Answer | Asked in Immigration Law for California on
Q: Can I fix papers for a parent who's been living in the USA as a tourist for over a decade.
Stephen Arnold Black
Stephen Arnold Black
answered on Dec 9, 2022

A United States citizen over the age of 21 can sponsor their father or mother for a green card (if the parent entered the United States with permission), even if they have overstayed for a decade.

1 Answer | Asked in Immigration Law for California on
Q: Filed I-130 petition for my brother 5 years ago, He just changed his last name to a new one, what should I do?

He lives in Iran, Can the petition get amended? will his priority in the line be affected? Is there any harm or risk from what he did?

Appreciate your response

Monica E Rottermann
Monica E Rottermann
answered on Nov 29, 2022

He will need to submit proof of his legal name change for his new name to be recognized by U.S. immigration officials and for the immigrant visa to be issued in that name. If the I-130 is still pending with USCIS you would need to submit proof of his legal name change to the service center... Read more »

1 Answer | Asked in Immigration Law for California on
Q: How can I obtain a green card if I over stay my visa 13 years ago?

I have two kids born in USA 8 and 11 years old.

Never have a issue with low enforcement Nat even a parking ticket.

Paying taxes every year.

Thanks

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 28, 2022

If you entered the USA with permission, you could be sponsored for a green card by your US Citizen child once that child reaches the age of 21, despite your overstay. Additionally, if you marry a US citizen, he could sponsor you for a green card despite your overstay.

1 Answer | Asked in Immigration Law for California on
Q: I’m starting the process of filing a K-1 Visa for my foreign wife and found out she’s 3 mo. pregnant. Should I wait?

I haven’t submitted the i129f form needed to start the process.

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 18, 2022

The sooner that you start the process the better because it’s going to take at least two years before she has permission to travel to the US on a K fiancée visa. Better yet, you should retain counsel to handle the case from start to finish because it has to go through multiple federal agencies... Read more »

2 Answers | Asked in Immigration Law for California on
Q: Good day, My wife and I are applying for naturalization.

We have received a notice today that our N400 naturalization interview is scheduled during a long planned vacation overseas. Is it safe to reschedule the interview or should I just cancel the vacation and try to reduce the non-refundable costs? Thank you!

Samuil Buschkin
Samuil Buschkin
answered on Nov 8, 2022

You must inform the USCIS in writing about the important family or personal reason for why attending their assigned date is impossible for you. A simple family vacation might not be enough grounds to receive a rescheduled date. Speak to a lawyer, is my suggestion.

View More Answers

2 Answers | Asked in Immigration Law for California on
Q: What should I do if I cannot get CPT for an internship for non-US company?

I am a F1 student and I'd like to work remotely as an intern for a company outside the US. I talked to multiple advisers at my school's international student services and they told me that, as the company does not have US presence (they checked the company website), they cannot issue CPT... Read more »

Al Parsad
Al Parsad PRO label
answered on Nov 7, 2022

This s an interesting question. Short of a research to see how this question is answered by the USCIS, AAO or BIA, or without looking into the definitions under the statute for the meanings of employer, employee, work and compensation, I’d err on the side of caution and avoid this internship... Read more »

View More Answers

1 Answer | Asked in Immigration Law for California on
Q: Can the 1-485 be filed without the I-130 petition? Got married to an EU citizen who was visiting me in US on an ESTA.

I'm a US Citizen that just eloped with my EU Citizen boyfriend. We met in Europe while I was studying abroad. He came to visit me here in the US on an ESTA and (roundtrip ticket) with every intention of returning back to his Visa Waiver Country, however, about 5 weeks into the 8-week trip we... Read more »

Al Parsad
Al Parsad PRO label
answered on Nov 4, 2022

Congratulations on your marriage. Quick answer to your question is yes, you must file the I-130, which you can file at the same time with the adjustment status. The more important question you did not ask is the timing. When should you file? Wait at least 90 days from his date of last arrival into... Read more »

1 Answer | Asked in Divorce and Immigration Law for California on
Q: Hi, i will be filing i751 this month. i am married for less than 2 years. our divorce is already approve.

i just need assistance on filing up the form since i will just file for myself without my spouse.

Al Parsad
Al Parsad PRO label
answered on Nov 1, 2022

This will involve more than just filling out the form. You’ll more likely need to apply for a hardship waiver. You should hire an immigration lawyer to help you with this.

2 Answers | Asked in Immigration Law for California on
Q: To marry my girlfriend from Mexico ? She lives in Mexico. Do I marry in US or Mexico
Kevin L Dixler
Kevin L Dixler
answered on Oct 29, 2022

She’s your fiancé, so petition her as your fiancé. Also, seek help from a competent and experienced immigration attorney before there are any complications.

View More Answers

2 Answers | Asked in Immigration Law for California on
Q: I accidentally filed for the I-90 on October 20,2021 which was 90days prior to when my 2 year green card expired .

I accidentally filed for the I-90 on October 20,2021 which was 90days prior to when my 2 year green card expired . Unfortanetly I just found out while checking on any updates That I was suppose to file for the I-751 . I am in disbelief and don’t know what to do because I read that they can deport... Read more »

Agnes Jury
Agnes Jury
answered on Oct 29, 2022

So your green card has been expired for almost a year? Normally, if your failure to file was through no fault of your own, you can file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be

excused if...
Read more »

View More Answers

2 Answers | Asked in Immigration Law for California on
Q: I filed an I-130 for my husband, but I missed two interviews. The first one because the notice came late.

The second one due to having covid. It took ages to reschedule that second interview. Now they want evidence for why I missed the second one, but I never went to the doctor and don't have evidence. I think it might be faster to withdraw my I-130 and re-apply. Can I do that.?

Al Parsad
Al Parsad PRO label
answered on Oct 22, 2022

Was there a concurrent adjustment of status application filed by your husband? If so, withdrawing could be costly both in terms of money and time. If this was a stand-alone I-130 petition, they don’t usually call for interview unless there is an issue with your personal background as the... Read more »

View More Answers

1 Answer | Asked in Immigration Law for California on
Q: I am having problem with an attorney handling immigration. Need an INS Attorney to assist in filng complaint against att

against my attorney for mishandling my INS case and over charging me for services already rendered.

Al Parsad
Al Parsad PRO label
answered on Oct 19, 2022

You don’t need an attorney for that. Call your State Bar if you feel you’ve been wronged. They’ll be able to help.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.