California Immigration Law Questions & Answers

Q: My partner got denied a tourist visa for the US. We want to get married, should we wait till I become a US citizen or no

1 Answer | Asked in Immigration Law for California on
Answered on Mar 15, 2019
Deron Edward Smallcomb's answer
You can marry now and file the petition. Once your naturalization is approved, you would inform USCIS or the NVC so that they can change your petition to an immediate relative petition. You should consider contacting an experienced immigration attorney for assistance.

Q: My partner got denied a tourist visa for the US. We want to get married, should we wait till I become a US citizen?

2 Answers | Asked in Immigration Law for California on
Answered on Mar 14, 2019
Kelli Y Allen's answer
There is no need to wait until you are a U.S. citizen to marry. Once you are married, you can file the I-130 petition while still a permanent resident. This can be processing while your naturalization application is being processed. Once you become a U.S. citizen, update USCIS. The previous tourist visa denials should not impact an immigrant visa case. I recommend retaining an immigration attorney to assist you with this process.

Q: It's been 6 months and still no marriage interview appointment. Anything we can do for an update or to expedite?

2 Answers | Asked in Immigration Law for California on
Answered on Mar 14, 2019
Kelli Y Allen's answer
You can file a service request with USCIS to try to get an update. If there's still no interview scheduled in a couple months, you may want to file to renew the EAD. There is no additional application fee required.

Q: Is it okay to change jobs while I file for I-90?

1 Answer | Asked in Immigration Law for California on
Answered on Mar 12, 2019
Kelli Y Allen's answer
If you application for permanent residence has been approved, you are legal to work but will not have anything to prove this to a potential employer. If the permanent residency was gained through adjustment of status, you should have received temporary employment authorization that would allow you to work.

Q: F1-OPT extension pending with USCIS and now I am married to US citizen. Should I apply for EAD along with i130 & i485

1 Answer | Asked in Immigration Law for California on
Answered on Mar 12, 2019
Deron Edward Smallcomb's answer
The process you are considering is quite complicated in general, more so than just deciding whether to file for the i765 as well. You should consult with an experienced immigration attorney to discuss the details of your case.

Q: My wife left to india 6 months back...We decided to seperate now..She is telling that she comes back and file dv on me.

1 Answer | Asked in Criminal Law, Family Law and Immigration Law for California on
Answered on Feb 20, 2019
Mark Broughton's answer
Whether a case would be filed after 6 months under these circumstances is very questionable. However, any allegation of domestic violence can have immigration consequences. You should probably consult with an immigration attorney on this issue.

Q: I130 petitioner lose her green card

1 Answer | Asked in Immigration Law for California on
Answered on Feb 19, 2019
Kyndra Mulder's answer
First, Your mother surrendered her status almost two years ago.

Second, The petition follows your mother's LPR status - abandoned.

Your father will have to file a new I-130

Q: Can I be interviewed here instead of Guatemala for citizenship? I am on dialysis

2 Answers | Asked in Immigration Law for California on
Answered on Feb 14, 2019
Deron Edward Smallcomb's answer
Citizenship interviews happen in the United States at USCIS. I'm not sure how you would actually interview in Guatemala or why you consider that as a possibility. It would be best to contact an experienced immigration attorney to discuss your case.

Q: Necesito renovar mi green card pero eh tenido delitos menores y me recomendaron consultar un abogado de inmigracion

1 Answer | Asked in Federal Crimes and Immigration Law for California on
Answered on Feb 12, 2019
Deron Edward Smallcomb's answer
Hay muchos abogados de inmigración que hablan español, incluida nuestra oficina. Por favor llámenos si necesita ayuda.

Q: If I am a high school students and my B1/B2 visa expired, do I have any options to be in legal status for college?

1 Answer | Asked in Immigration Law for California on
Answered on Feb 12, 2019
Deron Edward Smallcomb's answer
It is likely that your overstay will not be held against you if you leave the country before reaching 18 years of age. If you applied for an F1 visa in your home country, you could then return legally for college. That said, there are so many variables in your situation, you should definitely contact an experienced immigration lawyer for legal advise.

Q: Does being a student count as "employment" when filing for marriage based AoS?

1 Answer | Asked in Immigration Law for California on
Answered on Feb 11, 2019
Kelli Y Allen's answer
You should answer every question. If the section does not apply, a n/a or none would be the appropriate entry. For immigration purposes, attending school does not count as employment.

Q: Do I fill out my AoS documents in my maiden or married name? All documents except marriage certif have my maiden name.

1 Answer | Asked in Immigration Law for California on
Answered on Feb 11, 2019
Hector E. Quiroga's answer
If you are taking your husband’s name, then yes. If not, then you will use your maiden name.

Q: EB3 Professional and Skilled worker?

1 Answer | Asked in Immigration Law for California on
Answered on Feb 11, 2019
Hector E. Quiroga's answer
Possibly. The bigger issue would be whether or not you can make the case to bring in a foreign worker for sales. The only way to do that is to complete the labor certification.

Q: I’m a F1 holder can I dropped school since I married a US citizen??

1 Answer | Asked in Immigration Law for California on
Answered on Feb 8, 2019
Kelli Y Allen's answer
If you are eligible for adjustment of status, once you file the application you are legal to remain in the U.S. and may receive temporary employment authorization. I suggest consulting with an immigration attorney who can fully analyze your case prior to submitting anything to USCIS.

Q: I am in L2 dependent visa I have applied for my employment authorization document application (EAD) for my work permit

1 Answer | Asked in Immigration Law for California on
Answered on Feb 5, 2019
Kelli Y Allen's answer
If an attorney is not handling the case the G-28 form is not applicable. If you have a receipt notice for the EAD (form I-765) then just wait for it to be processed. If USCIS sent everything back because of the G-28 issue you will need to resubmit.

Q: I was born to a US citizen in Mexico but have no paperwork to prove it, I did genetic testing and Found a sibling.

1 Answer | Asked in Immigration Law for California on
Answered on Feb 5, 2019
Kyndra Mulder's answer
Whether you are a USC depends on many factors. I suggest you consult an experienced immigration attorney.

Q: Immigration: Will my brothers status affect my green card renewal?

2 Answers | Asked in Immigration Law for California on
Answered on Feb 4, 2019
Deron Edward Smallcomb's answer
Your brother's actions are not yours. His status will not affect your eligibility.

Q: my boyfriend is an illegal immigrant he got deported about 15yrs ago and re entered us about 6 yrs ago

1 Answer | Asked in Immigration Law for California on
Answered on Feb 4, 2019
Kelli Y Allen's answer
Although I always suggest having a full consultation with an immigration attorney, this answer is a pretty definite no. If he had not re-entered the U.S. after having been deported, there would be a process for him to potentially return. However, now that he has re-entered, he has made himself ineligible.

Q: My wife and I are retired Canadians. We are moving via green card to California later this year to be near our daughter.

1 Answer | Asked in Immigration Law for California on
Answered on Feb 1, 2019
Kelli Y Allen's answer
I suggest posting this question in the tax law section as this issue falls outside the scope of most immigration attorneys.

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.