California Immigration Law Questions & Answers

Q: Hi, I am separated single mom. want to apply H1B visa, being divorced or separated affects negatively ? if so how ?

1 Answer | Asked in Divorce and Immigration Law for California on
Answered on Jan 16, 2019
Kelli Y Allen's answer
Your marital status should not impact an H-1B visa in any way.

Q: Will Death of a petitioner cancel the application in family based immigration ?

1 Answer | Asked in Immigration Law for California on
Answered on Jan 16, 2019
Allen C. Ladd's answer
This is a gray area. Send the death certificate with request for humanitarian review. Do this through an immigration lawyer. In any event, the Form I-864 Affidavit of Support by the petitioner (US citizen mother) will likely need to be replaced with the I-864 of another USC/lawful permanent resident (LPR).

BTW, this looks like an "F3" family-based 3rd preference case, USC parent filing for [married adult child + son/daughter-in-law and grandchildren] family unit. There is no "F7"...

Q: Green Card / residency requirements

3 Answers | Asked in Immigration Law for California on
Answered on Jan 15, 2019
Kelli Y Allen's answer
USCIS requires you to keep it notified of your current residence (where you are actually living). If you just want to have mail sent to a relative's address but are still physically living in CA, there's no need to notify USCIS. If you are having mailing issues, you can update with a separate mailing address. To my knowledge, no state has a "registration" requirement in order to have mail to to an address in that state.

Q: Would be legal in California marry a homeless on disabilty for mental illness? Take care and give him a home?

1 Answer | Asked in Health Care Law, Immigration Law and Civil Rights for California on
Answered on Jan 10, 2019
Kelli Y Allen's answer
Front an immigration standpoint, there is nothing to prevent you from marrying him. If he is a U.S. citizen or permanent resident, he could then petition for you to become a permanent resident. The specifics of that process depend on a lot of factors, so I encourage you to have an immigration attorney assist with the process.

Q: Is it okay to enter the US with your temporary immigration visa is close of expiring? Like 2 weeks out?

1 Answer | Asked in Immigration Law for California on
Answered on Jan 4, 2019
Allen C. Ladd's answer
What do you mean, temporary immigration visa? Please clarify exactly what this visa is. Thanks!

Q: I've been refused a J1visa twice due to a DUI for ommitting the arrest on the application, how can I be able to use esta

1 Answer | Asked in Criminal Law, DUI / DWI, Immigration Law and International Law for California on
Answered on Jan 4, 2019
Allen C. Ladd's answer
You will not be able to travel to the USA with a DUI arrest (even without conviction) within the past 5 years, because you are a public danger. You will need to get clearance from a "panel physician" who is on contract with the US consulate in France. Go to the consulate's website, or go to www.aila.org to look for a US immigration attorney in France, for further guidance. (If you don't find one in France, go to Germany in the listings, there are several I know of who handle this matter.)...

Q: How do I change from Adjustment of Status to Consular Processing?

1 Answer | Asked in Immigration Law for California on
Answered on Jan 4, 2019
Allen C. Ladd's answer
Answers:

(1) It can be done from India, but be aware that leaving the USA will TERMINATE the I-485.

(2) The petitioner.

(3) It's a new process, with a different agency. Start over.

Do you know how long it is taking for processing thru Mumbai? Might still be best to stay here and adjust. Did you apply for work permits? If your parent or parents are working, it might change their perspective on waiting.

Q: My parents received an Parole document (512L) with an error. Can they travel to home country with this document

1 Answer | Asked in Immigration Law for California on
Answered on Jan 4, 2019
Allen C. Ladd's answer
First, did your parents wait until approval of the I-512L before traveling? If they did not, then they may have automatically terminated their I-485 applications.

Assuming they did wait, have they left already? If not, then call USCIS on its 800 customer service number and explain the situation.

If your parents have left already, then have them present their I-485 and I-131 receipt notices, as well as passport and I-512L, to US Customs and Border Protection (CBP) at the...

Q: I'm currently on post completion OPT (AS degree) but it expires in February. I have a job offer.What are my options?

1 Answer | Asked in Employment Law and Immigration Law for California on
Answered on Jan 4, 2019
Allen C. Ladd's answer
I think your best option is to consult with an immigration lawyer. Your visa options are pretty limited, and too bad the OPT EAD is about to expire!

Some rather random options:

* Permanent residence: The employer may be willing to go through the permanent residence process ... which will take about 1.5 years to 2 years, and perhaps you can work remotely in the meantime.

* Work visa: If the employer is foreign-owned, and you are of the same nationality as the...

Q: Hi, My mom entered US last Sept. 2018 and realize that she did not get a stamp from an immigration officer. What to do?

2 Answers | Asked in Immigration Law for California on
Answered on Jan 3, 2019
Allen C. Ladd's answer
You have two issues.

(1) You can get proof of your mother's entry, thru the CBP website. Google "I-94" and "Travel History" and "CBP" or go to https://www.cbp.gov/ and search "I-94." You will need your mother's name as it appears on the passport and the passport number.

(2) I can't say if your mother will be allowed back into the USA from a side trip to Mexico, even if returning within the 6-month period allowed under her entry in September. I would caution against it.

Q: Can an ESTA App be denied in 2018 due to an Extension of Stay on an O1 Visa in 2015 not being computer updated by CBP?

2 Answers | Asked in Immigration Law for California on
Answered on Jan 2, 2019
Kevin L Dixler's answer
You were allowed to stay until an O-1 decision and decision on the extension. However, if you leave before a decision, then your extension of status application is deemed abandoned which revoked that part of the application. That is why you became an overstay.

If you need more than general information on why your ESTA was denied, schedule an appointment or teleconference with a competent and experienced immigration attorney. Good luck.

The above is general information, not...

Q: Do I become a US citizen if my dad is a US citizen?

2 Answers | Asked in Immigration Law for California on
Answered on Dec 29, 2018
Louis George Fazzi's answer
Short answer is no. Your father should have submitted your application at the same time. You should talk to a good immigration attorney.

Q: What are the laws on employment and housing regarding immigrants with pending visa status?

1 Answer | Asked in Immigration Law for California on
Answered on Nov 20, 2018
Hector E. Quiroga's answer
In general, that person is not eligible for any public benefits, if that is your question. In general, they are not eligible for a social security number. There is some variation in availability based on visa type or other status request. This person should consult with an immigration attorney to see if there are any exceptions in their case.

Q: I have felony warrant for missed court from different co.Will they remand me when i goto immigration court.

1 Answer | Asked in Criminal Law and Immigration Law for California on
Answered on Nov 18, 2018
Dale S. Gribow's answer
need more info.

However on a felony warrant, as opposed to a misd warrant, probably YES.

of course what kind of felony etc?

Q: Hello, I am international student and I have F1 visa and worried to extend my visa,,,,

1 Answer | Asked in Immigration Law and International Law for California on
Answered on Nov 16, 2018
Myron Morales' answer
This case should not affect your ability to apply for an extension of your F-1 visa. You should consult with an attorney about a possible U visa application based on the crime committed against you.

Q: How to change H4 to EAD(received on pending i-485) Status?

1 Answer | Asked in Immigration Law for California on
Answered on Nov 12, 2018
Hector E. Quiroga's answer
First, “EAD” is not a status. It stands for “Employment Authorization Document”. Your wife cannot change from H4 to “EAD.

She got the EAD because of the pending adjustment application. For whatever reason, she’s no longer eligible for an H-4, so her best is the see the adjustment application through to the end. Based on the dates you provided, it looks as if she did not overstay her authorized status before she applied for her green card.

If there is no decision on...

Q: Started software company on opt extension . But my opt getting expired soon .How to handle my visa status ?

1 Answer | Asked in Business Law and Immigration Law for California on
Answered on Nov 12, 2018
Hector E. Quiroga's answer
Possibly, depending on a variety of factors, including how much you plan to invest and how many employees you plan to have. We recommend you talk with an immigration attorney who has experience with investment visas (EB-5).

Q: What documentation is needed for Green card app now, after J1 visa in 1992 - 1993?

1 Answer | Asked in Immigration Law for California on
Answered on Nov 12, 2018
Hector E. Quiroga's answer
Go to: https://www.uscis.gov/greencard for this information. Otherwise, consult with an immigration attorney.

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.