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California Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for California on
Q: Will my B2 visa be approved?

I’m an 18 years old italian citizen, and i’m planning on applying for a B2 visa due to my love for tourism.

I’ve heard that the approval of the B2 visa is mainly based on my ties to my home country, in this case Italy.

Are my job and my school considered a strong tie to my... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Oct 14, 2024

When a tourist visa interview is conducted, you are correct that they are looking at your home ties. A tourist visa is a non-immigrant visa meaning, when one applies for it they have to show that they have an intent to return home, and the more ties you can show you have to your home country (the... View More

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2 Answers | Asked in Immigration Law for California on
Q: Can a legal temporary resident apply to change their name and last name in California?

I’m an italian citizen who’s also a legal temporary resident in California.

Can i apply to change my name and last name just as a permanent resident would?

Does the state of California only allow permanent residents to change their name?

What does the California... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Oct 7, 2024

Yes, as temporary resident, so long as you meet the residency requirements in California and the county that you are residing in, you are able to file for a legal name change.

There is absolutely no relevance of your immigration status in the United States in order to change your name...
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2 Answers | Asked in Immigration Law for California on
Q: My N400 interview was descheduled 7 minutes after being scheduled

I was scheduled for a N400 naturalization interview at the San Jose field office on October 1, 2024, and then suddenly after 7 minutes if it getting scheduled, I get another notification saying that it was descheduled. The notice says that it was descheduled due to unforeseen reasons, and they will... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Sep 3, 2024

This is nothing of major concern. Unfortunately, USCIS does sometimes cancel and reschedule interviews due to a number of reasons related to their availability, etc. and nothing that has to do with the actual applicant. I would recommend that you stay on top of it and follow-up constantly if you do... View More

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3 Answers | Asked in Immigration Law for California on
Q: What should I do since I haven't received my I-589 receipt notice after submitting it online?

I entered the United States with a valid visa and then submitted my I-589 asylum application online to USCIS. It's been a day, and I still haven't received the I-589 receipt notice. Is this normal? Another friend of mine applied on the same day and received the electronic receipt... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Sep 3, 2024

This is noting to worry about. USCIS generally has 30 days from the date you have filed an application to issue a receipt notice and therefore sometimes it does take a bit longer. So long as you see that activity is taking place on your case (next step is your interview), you should be okay. If you... View More

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2 Answers | Asked in Immigration Law for California on
Q: I-864 Form Question: Keep Dates the same as when the original was submitted or change to update information to current?

My I-864 form was submitted last year; however, it didn't include Use of Assets to Supplement Income as I was told my petitioner I-864 form qualifying assets section was deemed (optional) since I have a joint sponsor whose income alone qualifies without the need to include, in our case,... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Sep 4, 2024

So a number of questions come up in this situation. Is this for an adjustment of status case or for a consular processing situation. If this is a consular processing situation, an opportunity to update the I-864 will occur regardless as there is a requirement to update that form before any... View More

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3 Answers | Asked in Immigration Law for California on
Q: Are two separate I-864 forms required one from the petitioner & one from joint sponsor if petitioner income not enough?

I'm the Petitioner, I don't have enough income to document, I'm seeing mixed information regarding this topic. Am I required to fill out a I-864 form while the joint sponsor fills a separate I-864 form?

Symantha Rhodes
Symantha Rhodes
answered on Aug 13, 2024

Generally, only one Form I-864, Affidavit of Support, is required per sponsored immigrant. This form is completed by the petitioner (the U.S. citizen or lawful permanent resident sponsoring the immigrant).  

However, there are exceptions:

Joint Sponsorship: If the...
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3 Answers | Asked in Immigration Law for California on
Q: Are two separate I-864 forms required one from the petitioner & one from joint sponsor if petitioner income not enough?

I'm the Petitioner, I don't have enough income to document, I'm seeing mixed information regarding this topic. Am I required to fill out a I-864 form while the joint sponsor fills a separate I-864 form?

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 3, 2024

You have to complete an 864 form even if your income is insufficient. The joint sponsor also completed a separate 864 form, but if that joint sponsor lives in the same household then he completes an 864a

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2 Answers | Asked in Immigration Law for California on
Q: I am an F1 student currently pregnant.Im here with my husband an international too.Will my unborn chilf need an I20 ?
Nicolas Andres Olano
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Nicolas Andres Olano
answered on Aug 2, 2024

(If I am reading your question correctly, I am assuming you are already in the U.S. with your F-1 visa.) The answer is no. If your child is born in the U.S. he will be a U.S. Citizen by birth.

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1 Answer | Asked in Immigration Law for California on
Q: What is better? Applying for work permit based on asylum seeking or TPS.
James L. Arrasmith
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answered on Jul 26, 2024

Applying for a work permit based on asylum seeking or Temporary Protected Status (TPS) depends on your specific circumstances. If you are seeking asylum, applying for a work permit can provide you with the ability to work legally in the U.S. while your asylum case is being processed. However,... View More

1 Answer | Asked in Immigration Law for California on
Q: What documents can prove my continuous residency when applying for TPS. Is driver license and school transcript enough?

I live with a family member, so I do not have any lease contract. I also do not have medical history. I have a bank account. I can afford a transcript from my university. My current status is F1 student.

Thank you

James L. Arrasmith
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answered on Jul 26, 2024

To prove your continuous residency for TPS, a driver's license and school transcript can be helpful, but you may need more documents. Consider using your bank statements, as they show your financial activity and residency. These statements can be very useful in demonstrating your presence in... View More

1 Answer | Asked in Immigration Law for California on
Q: What are possible consequences of applying to an EB-2 green card during OPT?

I am talking about applying for the green card during the initial year of OPT. My concern is that applying for a green card suggests immigrant intent, while OPT/F-1 status is supposed to be non-immigrant. Can this cause the stem extension OPT to be denied?

James L. Arrasmith
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answered on Jul 25, 2024

Applying for an EB-2 green card during your initial year of OPT can indeed signal immigrant intent, which might conflict with your F-1 status, intended for non-immigrants. This conflict could potentially impact your ability to receive a STEM OPT extension. U.S. immigration laws under California... View More

1 Answer | Asked in Immigration Law for California on
Q: Q: Working remotely from outside of the US on OPT? Allowed or not?

This seems to be ok if not for long (< 1month), but my understanding is that any change in work location must be reported in the SEVP portal within 10 days of the change. The address cannot be abroad. So if you work abroad for more than 10 days and do not report the new location, my guess is... View More

James L. Arrasmith
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answered on Jul 24, 2024

Working remotely from outside the US while on OPT can be a tricky situation. Generally, short periods of remote work (less than a month) might be acceptable, but you need to be cautious. The SEVP portal requires you to report any change in your work location within 10 days, and the address must be... View More

1 Answer | Asked in Immigration Law and International Law for California on
Q: I’m going to marry my girlfriend who is an au pair. And I'd like to ask you about the marriage process.

I am currently preparing to marry my girlfriend who is au pair(she’s from another country). She arrived in the U.S. in March this year and she will stay here until March next year (along with her j1 visa). We have about 8 months until March next year, and I would like to complete the marriage... View More

James L. Arrasmith
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answered on Jul 24, 2024

It's great that you want to marry your girlfriend and start a life together. The marriage process itself won't negatively impact her J-1 au pair program. You can proceed with getting married, but it's important to be mindful of the timing for applying for her green card.

Once...
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1 Answer | Asked in Immigration Law for California on
Q: What are the rules regarding working remotely from outside of the US on OPT? Allowed or not?

Assuming employer is ok with it and for a short period of time <1 month. Is there any reason why this could be an issue? Any F1/OPT rules this may be violating? Rules seem to be vague since the end of the covid guidance. Designated school official (DSO) only said must follow F-1 guidelines.

James L. Arrasmith
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answered on Jul 24, 2024

Working remotely from outside the U.S. on OPT for less than a month may raise some concerns under F-1 regulations. While there are no explicit rules prohibiting short-term remote work, it's crucial to ensure you maintain your F-1 status. This means you need to continue adhering to the... View More

1 Answer | Asked in Immigration Law and Criminal Law for California on
Q: I got a citation for 594(a) Misdemeanor. I am on H1B visa, will it affect my H1b renewal visa stamping(case pending) ?

I got a citation in California for 594(a) Vandalism Misdemeanor. I am on H1B visa.

This is my first ever crime in my life. The case is still pending. I wasn't arrested neither I am convicted (case/charge pending). My wife is on H4 visa and we are planning to visit India for h1B visa... View More

James L. Arrasmith
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answered on Jul 24, 2024

Dealing with a citation for a misdemeanor vandalism charge while on an H1B visa can be stressful. Since your case is still pending and you haven't been convicted, it might not immediately affect your H1B visa renewal stamping. However, visa officers have discretion, and they may consider the... View More

1 Answer | Asked in Immigration Law for California on
Q: Am I allowed to work in this situation?

Can I work on h1b receipt notice or do i need approval for it. Thank u

James L. Arrasmith
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answered on Jul 23, 2024

If you are on an H1B visa and have received a receipt notice for your H1B transfer or extension, you are generally allowed to continue working for your current employer while waiting for the approval. This is because the receipt notice serves as proof that your application is being processed.... View More

1 Answer | Asked in Immigration Law for California on
Q: Travelling with pending i485

Can I travel with pending i485 and pending h1b extention

James L. Arrasmith
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answered on Jul 23, 2024

Yes, you can travel with a pending I-485 and a pending H-1B extension, but there are important considerations to keep in mind.

If you leave the U.S. while your I-485 application is pending without obtaining Advance Parole (AP), your I-485 may be considered abandoned. Make sure to apply for...
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1 Answer | Asked in Immigration Law for California on
Q: Rejection notice for the form submitted with an extra remittance.

I filed I-485, I-765, and I-131 in the month of May, and today I received a rejection notice without a receipt or an alien number stating as below:

***

Recently, you submitted an application for immigration benefits. That form was submitted with an extra remittance that is not... View More

James L. Arrasmith
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answered on Jul 23, 2024

It looks like the rejection notice you received is informing you that your application was submitted with an extra payment that wasn't necessary. This notice means they are returning your payment to you, and you do not need to take any additional steps at this moment. The mention of the G-1450... View More

1 Answer | Asked in Criminal Law and Immigration Law for California on
Q: 11 year old Misdemeanor petty theft reduced to infraction charge. Pleaded No Contest. Can it still be expunged?

After i turned 18, about 11 years ago. I was charged for a misdemeanor for petty theft by my employer for a $30 shirt. we were required to wear an orange shirt but i never owned one coz i didnt like the color. I ended up trying one out in the fitting room and wearing it throughout my shift, and... View More

James L. Arrasmith
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answered on Jul 22, 2024

Yes, you can potentially have your infraction expunged in California. Since it has been over 11 years, and considering you pleaded no contest and paid the fines, you meet some of the basic eligibility requirements for expungement under California law.

Expunging your record can provide...
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3 Answers | Asked in Immigration Law for California on
Q: How do I get my dad a green card? And how much does it cost?

I am from Arizona

Nassim Arzani
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Nassim Arzani
answered on Jul 3, 2024

Obtaining residency in the United States depends on several important factors. Here are some questions to consider:

1. How did your father enter the United States?

2. Does he have any criminal convictions?

3. Does he have any encounters with border patrol?

An...
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