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California Immigration Law Questions & Answers
1 Answer | Asked in Criminal Law, Immigration Law, Domestic Violence and Wrongful Death for California on
Q: Is it extortion to demand money from a minor and threatening to cancel citizenship process?

Friend was brought to the United States at a young age illegally against their will. Friend has actively sought out proper citizenship and is currently very close to achieving citizenship. However, stepmother has inserted herself into the minor's situation and is demanding money at inconsistent... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 26, 2020

more info needed.

who paid you? minor or adult?

was minor 18 when he entered into contract?

technically can not do so until 18

are you demanding money or are they demanding refund?

1 Answer | Asked in Immigration Law for California on
Q: My son went for his I-130 (IR-2) interview in Lagos, Nigeria on the 3rd of February 2020. He was given a white 221g .

My 6 year old son had his I-130 (IR-2) interview in Lagos, Nigeria on the 3rd of February, 2020.

He was given a white 221g paper and no document was to be submitted. His passport was given back to him.

My 13 year old daughter had her interview on the 24th of February in Lagos,... Read more »

Kevin L Dixler
Kevin L Dixler answered on Feb 26, 2020

You may request a waiver of the travel ban, based upon the requirements which must be effectively proven, but it should be filed with a consular official at the time of the consular appointment. That said, news reports indicate that approximately 6% of those requests have been approved. It is... Read more »

1 Answer | Asked in Immigration Law for California on
Q: parent is in the US illegally my brother is a citizen & I’m a resident can either of us help her get her residency ?

My brother is now over 21 and I will try to become a citizen in a year.

Kevin L Dixler
Kevin L Dixler answered on Feb 24, 2020

More information is needed. How did your mom enter the U.S.? Has she ever departed after a stay of unlawful presence in excess of a year? Has she ever been arrested? Has she ever been charged with deportation in front of immigration court? Has she ever been petitioned by another family member?... Read more »

1 Answer | Asked in Immigration Law for California on
Q: My husband had his fingerprint appointment last Novembers, how long to know if the 601A waiver was approved?

We are waiting for his waiver to be approved so he can have his Interview in El Salvador.

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 24, 2020

Wait times are difficult to predict for this type of petition. You should check your case status online.

1 Answer | Asked in Immigration Law for California on
Q: Hello I was political Prisoner in Egypt, looking for Asylum, i have official proof, looking to talk a lawyer in person

I have some inquiries would like to know about it from a lawyer before applying for Asylum

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 24, 2020

We'd be happy to discuss the situation with you. Please call us at 888-902-9285 to setup an appointment.

1 Answer | Asked in Immigration Law for California on
Q: Can my husband enter the US on a visitor's visa, apply for a IR-1 visa and stay in the US until the visa is approved?

I am an American citizen and my husband is South African. We married in the US in 2017 while he was visiting on a visitor's visa and moved back to South Africa 2 months after. We have been living in South Africa for 2 years and now want to move to the US. He qualifies for a IR-1 visa, but we have... Read more »

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 24, 2020

Your question has many variables and you should discuss your situation with a qualified immigration attorney. Based on what you've stated, it seems that under certain circumstances your husband would be able to remain in the USA.

1 Answer | Asked in Immigration Law for California on
Q: Hello, Can I change my Visa j1 to green card?
Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 24, 2020

Maybe, however you haven't provided enough information to give an accurate answer. Many factors are involved in an adjustment of status from a J1. You should contact an experienced immigration attorney for more information.

1 Answer | Asked in Immigration Law for California on
Q: Hello, Can I change my Visa j1 to green card?
Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 24, 2020

Maybe, however you haven't provided enough information to give an accurate answer. Many factors are involved in an adjustment of status from a J1. You should contact an experienced immigration attorney for more information.

1 Answer | Asked in Immigration Law for California on
Q: Can i check my immigration case status online on the ninth circuit?
Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 24, 2020

Online status is only available for certain types of immigration cases. You should contact a qualified immigration attorney with more details about your situation.

1 Answer | Asked in Immigration Law for California on
Q: After married on a K1 Visa how and when can we work together outside of the USA and still have reentry for my spouse?
Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 24, 2020

Generally, once you have permanent residency. However, the information provided is very minimal and many factors are involved. You should consult with a qualified immigration attorney for assistance.

1 Answer | Asked in Immigration Law for California on
Q: My fiancee from the Dominican Republic overstayed her visa by a month. She was to come to California to get married.

She obviously can't travel to California. Can I marry her in NYC? Without consequences of travel and eventually get a Green card living at my home here in CA? Thank you!

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 24, 2020

You should consult with an experienced immigration attorney to discuss options that may allow your fiance to remain in the US and have the overstay forgiven.

2 Answers | Asked in Immigration Law for California on
Q: Can my pregnancy speed up the process for spouse visa?

I am a us citizen petitioning for my spouse in Guatemala. I am also pregnant and due in May. Can my pregnancy speed up the process

Adan Vega
Adan Vega answered on Feb 24, 2020

Your pregnancy is a factor that will be assessed and noted by USCIS and the U.S. consulate in analyzing the bona fides of your marriage but will not necessarily cause your case to be expedited.

Good luck you.

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1 Answer | Asked in Immigration Law for California on
Q: Will the changes in public charge rules affect me (DACA) if I am ever able (not able to, EWI) to adjust status?

Currently, i'm receiving full-scope Medi-Cal.

I'm a DACA recipient who is over 26 and not pregnant. I am not a refugee or asylum seeker.

I already understand that the use of such a benefit does not disqualify me from renewing DACA. However, i'm getting mixed answers on whether or... Read more »

Kevin L Dixler
Kevin L Dixler answered on Feb 23, 2020

You can be disqualified from adjustment of status. A review of the rather complicated and intimidating form I-944 will likely mean that most applicants will need an immigration attorney to advocate on their behalf. The "likelihood" of being a public charge can result in a subjective and rather... Read more »

2 Answers | Asked in Immigration Law for California on
Q: Which French visa is the appropriate visa given these circumstances?

My son is an American citizen who has been living in Thailand and working for the past 2.5 years. While living in Thailand he met a French citizen with whom he is now having a baby and planning to marry. Their work contracts in Thailand end in March and the baby is due in July. They plan to marry... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Feb 21, 2020

France has their own immigration laws so you would need to seek the advise of a lawyer in France. Good luck.

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1 Answer | Asked in Immigration Law for California on
Q: My dad’s brother petitioned him and our whole family under I-130. The priority date is January 14,1998.

I am now 30 years old. Do I qualify under his petition if I’m still single? Or have I aged out?

Adan Vega
Adan Vega answered on Feb 19, 2020

In the scenario that you have posted, the CSPA allows you to deduct from your age the amount of time that USCIS took to adjudicate the FORM I-130.

An experienced immigration attorney can assist you with this matter.

1 Answer | Asked in Civil Litigation, Immigration Law and Traffic Tickets for California on
Q: My husband has a tourist visa and was working for a trucking company in the US and got a traffic ticket what do we do?

He is working for a trucking company in the US with no work permit he currently has a tourist visa and recently got a ticket. His court is coming up and we are unsure of what to do. Or how to go about it.

Adan Vega
Adan Vega answered on Feb 19, 2020

Your spouse appears to be unlawfully employed in the U.S.and should seek to obtain lawful status.

In regards to the traffic ticket, he can engage the services of an attorney to assist him with the traffic violation.

Good luck to you.

1 Answer | Asked in Immigration Law for California on
Q: My parents are greencard holders. I am 25 years old unmarried. if they filed i130 how long it takes
Adan Vega
Adan Vega answered on Feb 18, 2020

If one of your U.S. resident parents files the relative petition, FORM I-130, on your behalf , you can expect to wait at least 5 years or more for a visa to become available. Citizens of Mexico or the Philippines can expect longer waiting periods.

1 Answer | Asked in Immigration Law for California on
Q: I have two back to back DUIs... One misdemeanor, & the other one is a felony (causing an injury)

How do I go about this? And what are my chances?

Wanted to file for naturalization. It has been 5 years since I obtained my 10yr GC. Wanted to file for naturalization, but Im still on probation for my DUI convictions...

What's the best way to go about this? Still got 6yrs left... Read more »

Adan Vega
Adan Vega answered on Feb 18, 2020

You should not apply for naturalization in light of the charges and convictions against you during the time that you have held resident status.

You should visit with an experienced immigration attorney for further guidance. Good luck to you.

1 Answer | Asked in Immigration Law for California on
Q: E3 to green card

Hi I am on an E3 visa (teacher) that expires in June 2021. I am getting married in six months. Should I renew my E3 and then apply for a green card? What will happen to my work rights?

Adan Vega
Adan Vega answered on Feb 17, 2020

You have been issued , as an Australian citizen, a professional specialty visa that allows you to perform services within a specialty occupation for an employer in the U.S.

The fact that you marry in the U.S. does not impact the E3 status that you now hold. However, if you are married to...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: My mother is an LPR who filed a I-130 for my brother on February 6, 2020. He's 28 years old never married.

My brother lives in the USA with an asylum case pending. He has a work permit and still waiting for an asylum interview. His case for I-130 was accepted and it shows on USCIS as: February 7, 2020 In Process Your benefit request has been accepted and is under review.

How long does the USCIS... Read more »

Amanda B Cook
Amanda B Cook answered on Feb 17, 2020

An I-130 can process while an asylum case is pending, but you have not given us enough facts to determine your brother's fate. A lot of your scenario depends on what country he is from, as well as many other factors. If you are worried, please spend the money on a consultation with an immigration... Read more »

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