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California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law and Child Support for California on
Q: Covid19 comfortable w/my neighbor &now 3m.pregnant. He is a immagrant living & working w/a TIN# 3yrs. How can he pay?

Was a great guy,said I would abort but he insisted to be here and in my life forever . That weekend he left . Financially I was already struggling,I pray and jus hope

Chris M. Bradford
Chris M. Bradford answered on Jul 5, 2020

If you are married and the relationship is over, you file for a divorce. If you are not married you can file for a "paternity" case asking the judge to order that he is the father, then ask for custody, visitation to him and an order for child support from him to help support the baby.... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Hi, my F2B Visa petition was approved in mid May/20. Will Trump’s green card freeze delay my case ?

I’ve received the F2B visa petition approval in mid May/20 and yesterday I’ve finished submitting all the documents on the CEAC website. I’m curious to know if the Trump’s freeze will delay my case until ‘21 or further.

Note: I’m currently living outside of the US

Christopher A. Kerosky
Christopher A. Kerosky answered on Jul 3, 2020

The Trump Administration’s recent Executive Order suspended the entry of certain foreign nationals on employment-based nonimmigrant visas into the United States. This Executive Order covers those with an:

• H-1B visa and any foreign national accompanying or following to join them;...
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1 Answer | Asked in Immigration Law for California on
Q: Do I need to renew my green card if I applied for U.S. citizenship?

I applied for U.S. citizenship in March and my green card expires in a month.

Christopher A. Kerosky
Christopher A. Kerosky answered on Jun 30, 2020

It is recommended that you renew your green card in case you need to travel outside the U.S. while your naturalization application is pending, or if you need a valid residence card for work or other purposes.

1 Answer | Asked in Immigration Law for California on
Q: Is it bad for my wife if we file taxes married filling separately when she fixes her legal status?
Christopher A. Kerosky
Christopher A. Kerosky answered on Jun 29, 2020

No, the important thing is that you and she file "married", whether you file jointly or separately. Depending upon how she is obtaining status (through marriage or other means), it may be quite important the amount of income shown on your taxes, but not how you file.

1 Answer | Asked in Immigration Law for California on
Q: What If someone's US visa (F1) got revoked for OPT violation and want to go to a different nation?

Someone I know is in this situation now he got an email from the consulate that his visa got revoked on unknown grounds, "This email is to inform you that your U.S. visa has been revoked pursuant to section 221(i) of the Immigration and Nationality Act (INA) and is no longer a valid travel... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

No. This persons will be unable to enter the U.S. They will also have trouble seeking a new visa to enter the U.S., but the EU and Australia are separate matters unrelated to any decision by a U.S. Embassy. Good luck.

The above is general information, not legal advice, and does not...
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1 Answer | Asked in Immigration Law for California on
Q: Can you apply for an EU citizenship while in the process of green card renewal? Will it interrupt with the process?

I received my permanent card a few years ago, I’m an Israeli national, and now in the process of renewing for the 10 year green card (submitted biometrics a few months ago), living in the US. I recently learned that I am eligible to request a Portuguese citizenship and was wondering if that would... Read more »

Christopher A. Kerosky
Christopher A. Kerosky answered on Jun 26, 2020

Yes, you can apply for Portuguese citizenship and it will not affect your green cad application in any way. It does not matter if you have additional passports for purposes of the permanent residence process.

1 Answer | Asked in Immigration Law for California on
Q: Can i apply for F2 visa when my wife's STEM OPT Extension process is on going ?

My wife works in United States and she has applied for STEM OPT extension. Now the USCIS process is still on going and she has not got a reply from them yet.My question was whether i can apply for F2 dependent visa before she gets a reply for USCIS. She applied for OPT extension around 25 may.

Hector E. Quiroga
Hector E. Quiroga answered on Jun 23, 2020

You can, because she has the status, even if she doesn’t have the work authorization itself.

3 Answers | Asked in Family Law and Immigration Law for California on
Q: I am interested in receiving information of marriage annulment for possible Immigration Marriage Fraud.

I am looking for a pro bono attorney or reduced fee attorney services.

Chris M. Bradford
Chris M. Bradford answered on Jun 22, 2020

Here is an intoduction to annulment: Click on this link:

https://www.courts.ca.gov/1244.htm?rdeLocaleAttr=en

Yes, immigration marriage fraud is one of the grounds for annulment.

When you ask a question online, like here, the answers you get are only going to be basic...
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2 Answers | Asked in Immigration Law for California on
Q: can i get my money back? i was pying an immgration lawyer but canceled after paying 6000 what can i do.

all he did was the first paperwork. i was the one asking uscis what was going in and in the email uscis sent me it has another lawyer name then the one i was paying and the one thats on my contract. hes not wanting to refund me anything

Stanley Dale Radtke
Stanley Dale Radtke answered on Jun 18, 2020

You would need to first demand your money back directly from the attorney you hired. It would be best if you placed your complaint in a letter, describing in detail why you believe you are entitled to the refund. Your attorney may agree with you, or provide a partial refund, or deny your claim... Read more »

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3 Answers | Asked in Immigration Law for California on
Q: What does "NO REPRESENTATIVE OF RECORD" mean in plain english Thank you R. Conlan
Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jun 18, 2020

Hey, it means you don’t have a Lawyer or a G-28 on record to prove that you do.

Do you need representation? Let me know more about your case.

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1 Answer | Asked in Immigration Law for California on
Q: How will marrying an undocumented person affect my parents when filing for papers?

I was born here in the US and have undocumented parents that use a working permit(TPS) . I recently turned 20 and at 21 i'm planning to file papers for my parents. But I'm also in a relationship with another undocumented person that also has a different kind of working permit. I've... Read more »

Osarumwense Iyamu
Osarumwense Iyamu answered on Jun 17, 2020

As a US citizen, you are allowed to sponsor your spouse and your parents [when you turned 21]. You will be required to execute an affidavit of support to show you have the required annual income to support your household size including the person you are filing papers for. If your income is... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I became a US citizen through naturalization last December and, Now I am having a baby outside US and I am out of US to?

Will the kid automatically become a US citizen because before being citizen i spent 6 years in US. Also we are waiting for her mother to get immigrant visa?

Derek J. Poulsen
Derek J. Poulsen answered on Jun 16, 2020

The law states that a child born outside of the United States acquires citizenship at birth if at the time of the child's birth both of the following requirements are met:

1) One parent is an alien and the other parent is a U.S. citizen; and​

2) The U.S. citizen parent was...
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3 Answers | Asked in Domestic Violence and Immigration Law for California on
Q: abusive spouse threatening to sue me and take away my citizenship

Question

I’m from Brasil, I got married at 18 from tourist visa and got citizenship, now at 25 I want to leave my husband and he threats

Hi, I got married very young when I was 18, I met someone online when I was 17 and he led me to come to USA and get married because we were in... Read more »

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jun 13, 2020

Hi, your citizenship cannot be taken away for leaving an abusive situation. Do not be afraid to contact the police.

VAWA protects women who are abused (verbally, physically, emotionally, economically) by US citizen spouse. so even if you didn’t have papers, you can still leave and self...
Read more »

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1 Answer | Asked in Immigration Law and Social Security for California on
Q: Mothers maiden name on birth certificate doesn't match name declared when coming to US as refugee. Can I get soc securiy

I am a citizen, and I want to apply for social security. But I am worried about this information not matching and getting myself and my family in trouble.

Kevin L Dixler
Kevin L Dixler answered on Jun 9, 2020

The issue is your name, not your mom's name, because you are registering for Social Security. If your mom pretended to be someone else, then that is a completely different issue. It should not affect you if you were born in the United States.

If your mother has concerns, then she...
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1 Answer | Asked in Immigration Law for California on
Q: If I owe the state of California for unemployment overpayment. Will I be denied Citizenship.
Adan Vega
Adan Vega answered on Jun 7, 2020

Your eligibility for naturalization is not compromised if the overpayment of unemployment benefits was not caused by fraud or misrepresentation on your part.

1 Answer | Asked in Immigration Law for California on
Q: Advance Parole Documentation (Adjustment of Status (AOS): L1 to Green Card) Necessity - i131 Form

Currently my wife (Argentinian) & I (US Citizen) are filing to change her status from L1 Visa to Green Card. We are in the early stages of this process & are trying to decide whether or not we should be filing the i131 form along with i130, i130A, i485, i765, i864 & i944. The reason... Read more »

Adan Vega
Adan Vega answered on Jun 6, 2020

Allen,

Your spouse with the L-1status can also file the FORM I-131 at the time of filing for adjustment of status with USCIS. You can place possible dates of travel in the FORM I-131.

As an applicant who is in status at the time of application for adjustment of status, your spouse...
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1 Answer | Asked in Immigration Law for California on
Q: This is a question regarding an adult child sponsoring his mother who was brought to this country illegally as a child.

My mother entered the US illegally as a child some 50 years ago. She grew up, got married to a US citizen (now divorced) had two children and has been gainfully employed her entire adult life (abeit with a false SSN that her father obtained for her years ago). As an adult US citizen, can I now... Read more »

Adan Vega
Adan Vega answered on May 31, 2020

As an adult U.S. citizen son or daughter, you can file a relative petition, FORM I-130, on behalf of your parent. Whether your mother can also file the FORM I-485 to adjust status with USCIS depends on if she entered the U.S. lawfully or if she can claim benefits pursuant to 245i.

If...
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1 Answer | Asked in Immigration Law for California on
Q: I am F1 Student With Expired Visa. My current college just terminated my SEVIS. Can i cross Mexico border with New I20??

Please advise that if i can cross Mexico border and re-enter with New I20 without Valid Visa or reinstatement is the better option in my case?

Adan Vega
Adan Vega answered on May 30, 2020

You should not be traveling abroad with plans to re- enter the U.S. with an expired F-1visa and after your college has terminated your SEVIS registration. You need to contact your international student advisor or an experienced immigration attorney to provide you with guidance and options.... Read more »

2 Answers | Asked in Immigration Law for California on
Q: Can I cross the border with an EAD?

I’m currently in Mexico, but want to return to USA because it’s where I live, I’ve advance parole and an EAD, my old visa (I think L2) expired and my dad’s lawyer (who works for the company) told him I didn’t need any visa to cross, just my EAD card, is that right? Because every time I... Read more »

Adan Vega
Adan Vega answered on May 30, 2020

You can return to the U.S. with an unexpired advance parole document and if USCIS has not adjudicated your FORM I-485.

You should be consulting with your father’s immigration attorney for further guidance.

Good luck to you.

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1 Answer | Asked in Immigration Law for California on
Q: I am on Eb2. Applying for Eb1C. Will I140 will be filed again or existing I140 is used ?

I am on Eb2. Applying for Eb1C. Will I140 will be filed again or existing I140 is used ? Also can I change job after getting I140 approved for Eb1C

Adan Vega
Adan Vega answered on May 30, 2020

If you wish to change from the EB2 classification to the EB1, you or your employer will have to file another FORM I-140 with USCIS.

Whether you can change jobs/employer depends on details of your situation that you have not provided in your posting.

Perhaps you should discuss your...
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