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California Immigration Law Questions & Answers

1 Answer | Asked in Immigration Law, Civil Rights, Employment Discrimination and Federal Crimes for California on

Q: My husband is a permanent resident, can immigration deny him reentry because he has a legal cannabis job?

when he flies out to his country in Israel and reenters the usa, will immigration deny him entry due to his profesion? Can they see on record that hes registered with the sheriffs dept. As a legal worker?

Hector E. Quiroga answered on May 22, 2019

No. This could impact him if he files for US citizenship, for which he has to show five years of good moral character. A recent policy change requires a determination of lack of good moral character for people working in even the legal cannabis business.

1 Answer | Asked in Immigration Law for California on

Q: To exit USA after resigning on H1b, 10days grace period is what has been recommended on USCIS unless looking for new job

How is the determination made for qualifying for 10 days vs 60 days stay in USA after resigning on valid H1B? Follow-up to this question's answer-How and when does DHS make the determination of reducing/changing the 60 days period?

Example: Last work day June 15,2019, Exit US July 7. At... Read more »

Sheri A Benchetrit answered on May 15, 2019

When your H-1b enters as part of the natural course (meaning when it is supposed to end) there is 10 day grace. (the Regs actually say 10 days before and 10 days after.) In the past there was no grace period if you ended your H1b early. Now there is a 60 day grace period or until the end of your... Read more »

1 Answer | Asked in Immigration Law for California on

Q: When an an employee on H1B resigns from their job, can they travel in USA during 60 days period available after?

Plan would be to travel within USA after resigning and then exit USA after 30 days. DO have I-140 approved with priority date in 2016.

Sheri A Benchetrit answered on May 15, 2019

Provided that you qualify for the 60 day grace period (meaning that your H1b status terminates before its natural conclusion), there is no prohibition to travel inside of the U.S. during that grace period.

1 Answer | Asked in Immigration Law for California on

Q: My sister's permanent residency card expired more than 15 years ago and she was eligible to become citizen but did not.

Is she able to renew or even become citizen?

Sheri A Benchetrit answered on May 13, 2019

Yes, your sister should still be eligible for citizenship. She will need to renew her green card first. Even though the card expired it does not necessarily mean that she has lost her permanent residency. As long as she has not been absent from the US for prolonged periods of time and does not... Read more »

1 Answer | Asked in Immigration Law for California on

Q: Can I bring my fiancé on a K1 Visa after overstaying in the Uk for 7 years ?

I am a US citizen and my fiancé lives in England but he is originally from Nigeria. I met him in England while visiting family and we have been together for 2.5years. I am feeling stuck on what I need to do. I prefer getting Married in the US on a K1 Visa because my family is here but the... Read more »

Sheri A Benchetrit answered on May 13, 2019

In order to obtain a K-1 visa you need to demonstrate that both of you are legally free to marry and that you have seen each other at least one time over the last 2 years. the more evidence that you can supply that the relationship is real, the better.

With regard to his UK visa, it is...
Read more »

1 Answer | Asked in Immigration Law for California on

Q: Hi.Im lawful perm. res. green card, n I need to change my surname, 'cause I got married.Do I need approved translator?

I'm a Lawful Permanent Resident Green Card. I got my Green Card 2 years ago. I got married last year. Thus, I need to change my surname on the Green Card. I've already filled the I-90 Form to send by mail. Do I need to send to USCIS my Certificate of Marriage translated from portuguese to english... Read more »

Sheri A Benchetrit answered on May 11, 2019

The translation does not have to be certified but it must bear the language that the translator is fluent in both English and Portuguese and has accurately translated the document. That said, it is always best to have a professional al do the translation as it lends additional credibility, rather... Read more »

1 Answer | Asked in Immigration Law for California on

Q: Whether I should find a new school to maintain my F1 visa before my I-485 application is approved. I am a F1 student.

My education program and my OPT will end in July, 2019.

I have filed I-485 on Jan, 2109. My I-485 application is still pending.

Hector E. Quiroga answered on May 10, 2019

You don’t need to do that. The transfer might be denied, given your pending adjustment application, since your intent is not to study but rather to immigrate to the US.

1 Answer | Asked in Immigration Law for California on

Q: What does a Nigerian have to do to come to America?

Is x military, has excellent personal and work references and is an awesome bricklayer and jack of all trades. Only wants to work, ready to work straight away so he can support his family.

Hector E. Quiroga answered on May 10, 2019

It sounds like you want to immigrate. If you have no family members through whom to apply, you can try an employment visa. For that you’d need a relationship with a US employer. You might want to look into the diversity lottery program, too.

1 Answer | Asked in Immigration Law for California on

Q: Is there a way for my boyfriend to come to USA so we can live together here?

I am a lawful permanent resident with a Green Card (won from the DV lottery; arrived in USA July 2018). My boyfriend of almost 3 years is living in the UK illegally. He is originally from India and has lived in the UK illegally since 2002. Is there a way for my boyfriend to come to USA so we can... Read more »

Kevin L Dixler answered on May 8, 2019

It will take a while. Perhaps, longer than you anticipate. I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. Good luck.

1 Answer | Asked in Immigration Law for California on

Q: If the annual income meets the required annual minimum,does the amount of assets still matter?

My husband doesn’t have assets but he’s earning enough yearly.He’s petitioning his mother. And using just his income.

Hector E. Quiroga answered on May 6, 2019

Assets are optional, so if your husband’s income meets the minimum requirement for household size, then it isn’t necessary to show assets.

1 Answer | Asked in Immigration Law for California on

Q: Can I visit my country and come back legally within the last 90 days of my conditional 2 year green card?

Deron Edward Smallcomb answered on Apr 29, 2019

Yes, as long as you come back before it expires. That said, you should have an extension letter by that point from filing for removal of conditions. You should contact an experienced immigration attorney for assistance.

1 Answer | Asked in Immigration Law for California on

Q: We have pending AOS with PD Nov.. 1st. Still waiting for AP docs. Can we travel under H1 visa without affecting the AOS?

My wife and I are Italian citizens living in California since 2009 and submitted AOS with AP travel doc Nov 1st 2018. I petitioned as NIW and got approved in September 2018. Still waiting for the AP (national benefit center processing time is up to 7 months)!

We have H1B/H4 visa valid till... Read more »

Hector E. Quiroga answered on Apr 25, 2019

That would not be wise, because you could be denied entry to the US because you aren’t coming back to resume H1B status but rather to take up permanent residency. In addition, if you leave without advance permission to come back, your application will be considered abandoned.

1 Answer | Asked in Immigration Law for California on

Q: Am I eligible to apply for a Green card?

I am a citizen of the Republic of Kenya and I have been residing in the United States as an international high school student for four years and a University student for a year. I am in a quagmire if I can or cannot apply for a Green card as the beginning of my residence in the United States began... Read more »

Hector E. Quiroga answered on Apr 22, 2019

There is nothing in the facts you provided that indicate you are eligible for a green card. Green cards are usually obtained through family relationships or employment, and you’ve mentioned nothing about either. We recommend that you speak with an immigration attorney to see what your options are.

1 Answer | Asked in Immigration Law for California on

Q: Can an old PD which was used for AOS be used again for a new I-140?

The old GC was surrendered before the initial 10 yr expiration period. USCIS did grant the old PD. The I.O. observed this during the AOS interview and said that this could be a mistake. The EAD, AP, SSN(spouse) were already issued (but not used). What rights does the candidate have? The case is... Read more »

Hector E. Quiroga answered on Apr 22, 2019

There are very few instances in which a priority date can be recaptured. Were both I-140s filed by the same employer? That’s the only scenario in which the recapturing of a priority date could take place, but even that seems unlikely. At this point you are going to see which direction USCIS... Read more »

1 Answer | Asked in Immigration Law for California on

Q: After being deported with the 10 year bar for charges under the influence and under posesion 11550 can i go back to usa?

Deported in september 2012, still married to a usa citizen and have 4 children all usa citizens. Deported from a Judge in california at an immigration court. I had an immigration lawyer who I was paying but still got deported. I have charges under the influence of crystal meth. I have been clean... Read more »

Hector E. Quiroga answered on Apr 15, 2019

Hard to say, given the facts provided. It depends on the substance and how much you had. 11550 must be a statute, but you don’t say for sure or, if it is, in which state.

1 Answer | Asked in Immigration Law and Small Claims for California on

Q: How will appearing on a rent deposit case as a witness affect my Green Card now and when applying for a US passport?

One of my flatmates (who is the Master tenant) did not return the deposit of another flatmate on the grounds that his girlfriend was living in his room and they were sneaking in and out. The master tenant (who is still my current flatmate) has requested that I support her in court as a witness. I... Read more »

Kelli Y Allen answered on Apr 11, 2019

Unless there is additional information, I'm not sure what the concern is. Whether someone is a witness in a criminal or civil proceeding is unrelated to an immigration petition.

2 Answers | Asked in Immigration Law for California on

Q: My mother has been in the U.S. for over 25 years undocumented. What are her odds of becoming a resident?

She gave birth to me in the U.S. and I'm now over 21. She was issued an old state ID which is now expired and is unsure as to where she stands.

Hector E. Quiroga answered on Apr 9, 2019

A state ID is no evidence of any kind of lawful status in the United States.

You can file a visa petition for your mother, and depending on her circumstances, she can then apply for permanent residency. There are, of course, so complicating factors, namely her unlawful presence. We...
Read more »

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1 Answer | Asked in Immigration Law for California on

Q: Parents became citizens in the 90's I was under 18 and a resident did I automatically become a citizen? I am 37 now

Kyndra Mulder answered on Apr 8, 2019

Based on the information that you have provided; you were an LPR and your parents became USC's before you were 18 years of age. You automatically became a USC. You need to file the N-600 and receive your certificate of Naturalization.

2 Answers | Asked in Immigration Law for California on

Q: Will I lose my green card and can I naturalize in 5 years?

I obtained my 10-year green card after 4 years of marriage to my usc husband, in fall of 2018. We didn’t have to go through i751 because we had been married for more than 2 years when we filed. This month he filed for a divorce. We are still friendly and peaceful. Will I lose my permanent... Read more »

Hector E. Quiroga answered on Apr 5, 2019

It is highly unlikely that this will cause you to lose your green card. You can naturalize 5 years after you got your residency

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1 Answer | Asked in Immigration Law for California on

Q: Can I bring a friend's birth certificate into the US? I'm just visiting and they asked me to bring it for them

I have a regular tourist visa and am about to visit the US. My friend who is already in the US has asked me to bring their birth certificate with me, however I am a little nervous about this. Is it legal? Can it be a problem at customs? Should I disclose it?

I should mention that I do not... Read more »

Deron Edward Smallcomb answered on Apr 5, 2019

I'd bring a written request from your friend stating that he wants you to bring the birth certificate. I'm not aware of any laws that prevent you from bringing this type of document to the USA.

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