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California Immigration Law Questions & Answers
1 Answer | Asked in Criminal Law and Immigration Law for California on
Q: In California my boyfriend was deported in 2014 but re-entered illegally a few years after. Can he get an ITIN?

It shows on our county public portal for superior court of California that he has 3 criminal cases. 2 are active and 1 is inactive. It states the 2 active cases are misdemeanors filed in 2014, and 2015. It states the 1 inactive case was a felony filed in 2013.

Dale S. Gribow
Dale S. Gribow answered on Jan 19, 2021

more info needed and you need to contact an immigration lawyer in addition to a criminal lawyer in your neighborhood.

the underlying charges will be important and why he did not appear?

1 Answer | Asked in Immigration Law for California on
Q: USCIS I-751 - pending security checks for months? What could be taking so long? Is it common right now because of covid?

I applied to remove the conditions of my temporary green card early December 2018. (K1 visa in 2016 followed by AOS, both very fast)

On February 20, 2020, it stated my fingerprints were taken (they were taken in April 2019) and a Request for Evidence was sent to us. We replied and it stated... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jan 13, 2021

First:Processing was much faster in 2018.

Second: Depending on the documents requested in the RFE you file may not be considered to have begun processing until the service received the documents requested.

Third: When the case is outside theprocessing time due to background check...
Read more »

4 Answers | Asked in Immigration Law for California on
Q: My mom was naturalized when I was 16. I'm now 18. Can I derive my citizenship from her using the N-600 form?

My sister, who was 18 at the time my mom was being naturalized, got her citizenship through my mom. I wasn't able to because I couldn't get in touch with my separated dad as I was a minor and needed permission from both parents. Now that I'm 18 (I'm a permanent resident), do I... Read more »

Agnes Jury
Agnes Jury answered on Jan 6, 2021

You can only file N-600 BEFORE you turn 18. Now that you are 18 you will have to file form N-400/Naturalization based on your permanent residency. USCIS has a very nice guide re: applying for naturalization. BUT I recommend you do a consultation with an experienced Naturalization attorney to make... Read more »

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2 Answers | Asked in Immigration Law for California on
Q: What’s the fastest way for a Mexican citizen to be admitted into the United States?

My mother is a Mexican citizen. Her father is being taken off life support tomorrow here in the United States. Is there a permit she can get to cross the Orta border legally just to say her goodbyes and attend the funeral?

Agnes Jury
Agnes Jury answered on Jan 5, 2021

Your mom can apply for an emergency appointment for a non-immigrant visa.

See: https://mx.usembassy.gov/visas/nonimmigrant-visas/treaty-trader/emergency-appointments/

Prayers for your grandpa to pass peacefully, for your family to have strength during this difficult time and for...
Read more »

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1 Answer | Asked in Immigration Law for California on
Q: 1. Can she apply for OPT EAD while her I-485 AOS is pending? 2. Will this negatively impact the 485 aos application?

Hi,

My wife and I applied for I-130 and I-485 concurrently about 6 months ago. She is on F1 status and will be graduating in Spring 2020. I-130 has been approved so we are currently wait for I 485 approval. 

Due to the current administration and corona virus delays we do not know... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 30, 2020

In essence, your question is can my spouse work while her adjustment of status application, Form I-485, is in process?

Form I-485 is an application that must be filed to register a foreign national’s permanent residence or adjustment of status. As part of the adjustment of status process,...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: If I overstayed in U.S during covid and my fiance decided to call me with fiance visa, would that overstayed affect me?
Stephen Arnold Black
Stephen Arnold Black answered on Dec 23, 2020

Your question does not make any sense. Please re-post the question again.

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: Hi. Is it possible to get SSN valid for work with DHS without I765?
Kyndra Mulder
Kyndra Mulder answered on Dec 17, 2020

Yes. An LPR or a USC does not require employment authorization to obtain a SSC.

A person may receive a TIN without filing an I-765 if all other requirements are met.

1 Answer | Asked in Criminal Law, Immigration Law and Domestic Violence for California on
Q: Person is deported, (Mxco), 4 Probation Violation, he thinks she can help him to reenter.

My tenant, still married to deported man, says she can help him to reenter U.S. She's not OK with this. Wouldn't it solely be up to courts? They have 2 children, young teens, his parents are Guardians, last week they took kids to him in Mexico & left them there, he may use them like... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 11, 2020

i am not an immigration lawyer. However, I would encourage you to make an appointment with one. Before meeting him/her write out a detailed summary of all the facts. i am guessing if you are posting here that your finances might be in question......if a lawyer is going to try to help he/she... Read more »

1 Answer | Asked in Immigration Law for California on
Q: My wife has a 10 year green card. Can she apply for Medical without it electing her citizenship application

She was laid off and lost her medical insurance and is pregnant

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 7, 2020

See the USCIS Webpage for information regarding the Public Charge Rule:

https://www.uscis.gov/news/public-charge-fact-sheet

1 Answer | Asked in Immigration Law for California on
Q: What do you think a reasonable hourly rate is for a non-medical expert witness (a Ph.D.) in an immigration case? Thanks.
Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 7, 2020

Our office uses many expert witnesses in our legal practice. The fee would depend upon what in fact the expert is asked to do. Most of our experts work on a flat fee basis for the specific task requested.

1 Answer | Asked in Immigration Law for California on
Q: Is it possible for my father to get his green card without leaving the country?

My dad is 56 years old, has lived in the US since he was 17, he does not pay taxes, he has 6 children (only 1 under the age of 18), his wife (my mother) is a resident. He is the sole provider for the family (All other siblings live with the parents while they go to school) including my mom who has... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 7, 2020

Not possible to answer your question without more information. There are many grounds of inadmissibility and entering the US without permission is merely one. There are criminal bars to admission and the public charge ground to admission. My suggestion would be for your father to consult with an... Read more »

2 Answers | Asked in Immigration Law for California on
Q: Am i financially responsible for my alien spouse if she is working full time, has perm. green card and i divorce her?
Kyndra Mulder
Kyndra Mulder answered on Dec 5, 2020

You may be. Read your responsibility on the form I-864 above your signature.

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1 Answer | Asked in Contracts, Criminal Law and Immigration Law for California on
Q: Hi, My name is John, and I am asking for my friend who received a fake I-20 from an intermediary.

This intermediary helps him to apply for schools and acts as a helper, however, the intermediary doesn't deliver and also faked a I-20 and lied to my friend saying that it is a real one. My friend never used the fake I-20 for any purpose even though he did not know its legitimacy. He fears... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 3, 2020

This is a question for immigration lawyers, not criminal and accident lawyers.

However, All F and M students that study in the United States need a Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status.” Once you are accepted into a Student and Exchange Visitor Program...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: My Argentinian wife & I (USC) filed for her status change from L1 Visa to Green Card via marriage. Travel Restrictions?

We married 06/10/20 & our application was received 06/29/20 by USCIS. Her L1 visa with her employer expires Oct. 2023 & her current i94 expires Oct. 2021. Her company sold her department to another company & there is a chance either 1) the new company cannot swap over her visa & she... Read more »

Kyndra Mulder
Kyndra Mulder answered on Dec 2, 2020

0629/20 Application for what? Did you file the I-130 and I-485?

Are you a USC or LPR?

She can leave but she may not be admitted back into the USA if she no longer has a valid visa.

Withjout parole she may be considered to have abandoned her I-485 and be required to go...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: What happens is joint sponsor dies during immigration process ?

Our case is currently at the NVC with all documents accepted. We are just waiting for them to send us an interview date at the US consulate . I am the petitioner petitioning my husband but I don’t work. So we have a joint co sponsor . But he just got tested positive for COVID. God willing he is... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 11, 2020

If your joint sponsor dies, then you will need to find another.

1 Answer | Asked in Immigration Law for California on
Q: N400 rescheule interview. Will they cancel application ?

My parents have N400 interview. Customer service raised request , but no response from USCIS. So, if they show up, will they cancel application?

Hector E. Quiroga
Hector E. Quiroga answered on Nov 11, 2020

If you are asking if your parents show up at a previously scheduled, now cancelled, interview appointment, will their applications be denied, then the answer is no.

2 Answers | Asked in Immigration Law for California on
Q: B2 visa extension

I am currently on a B2 visa in the US. I entered the US in Feb 2020. At my entry, I was issued an I-94 that was valid for 6 months. I applied for a 6-month extension 45 days before my I-94 expired in June and I received a receipt in early July, I have not received a decision on my I-539 yet.... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 11, 2020

You would be wise not to travel. It is recommended that you do not file another I-539 yet. Wait until USCIS makes a decision on the first one. Please keep in mind that USCIS is likely adjudicating a larger than normal number of I-539s due to noncitizens stranded in the US as a result of COVID-19.

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1 Answer | Asked in Immigration Law for California on
Q: I am 34 and was brought over here from Russia at the age of 16. My adopted mother and I are not on speaking terms but

she tells me that she never completed my citizenship papers and I know my green card has expired. What are my options and/or next steps?

Maurice Mandel II
Maurice Mandel II answered on Nov 6, 2020

Priviet. You need to contact a good immigration attorney to discuss your options. Look for one on this website in your local area. They will assist you in getting an extended green card, and will also advise you about a naturalization application.

Justia Disclaimers below, incorporated herein.

1 Answer | Asked in Immigration Law for California on
Q: What are my options?

I’m living in Colorado and I applied for my wife’s green card, She is currently waiting for the embassy in South Wallace to open back up again and give her a date for an interview, but since the pandemic it’s been a real struggle and the wait times are much too long for me to wait. I was... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 29, 2020

COVID has had a huge impact on visa processing in all parts of the world, and it seems unlikely that an expedite request would have helped for that reason. Relocating to Mexico should not impact the case, and if you’ve filed all of the necessary paperwork and are just waiting for a visa... Read more »

2 Answers | Asked in Immigration Law for California on
Q: If I petition my mom living in Mexico while I live in California, do I have to remain in California the whole process?

I want to petition my mom in December when I turn 21. I live in California right now. But I also plan on moving to Nevada in April of next year, before the process is complete. Would that affect the legal process in any way?

Mario Musil
Mario Musil answered on Oct 26, 2020

No, you are not required to stay in the same place. When you move your case may move to a different office and will continue to process there.

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