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California Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law and Banking for California on
Q: Can my sister-in-law sponsor me for immigration despite planning to buy a house soon?

My husband, who is an American citizen, does not meet the economic requirements to be my sponsor in the immigration process. My sister-in-law, also an American citizen, is considering sponsoring me but she wants to buy a house in January and is concerned whether being my sponsor might affect her... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 14, 2025

The requirements for a joint sponsor include demonstrating a minimum income level to support the immigrant. The sponsor must factor in household size, including their own family members plus the immigrant, to meet the financial threshold. This is not a cash flow or asset-liability evaluation; it is... View More

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2 Answers | Asked in Immigration Law for California on
Q: Clarification on J-1 visa overstay and rights to return to US.

I am a Croatian citizen who visited the US on a J-1 visa from May 2023 to October 2023. My friend and I overstayed but applied for an ESTA before leaving in August 2024, which was approved and remains valid. I've been informed that J-1 visa holders admitted for Duration of Stay do not accrue... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 7, 2025

J-1 visa holders must exit the United States by the end of their I-94 expiration date. They are granted a 30-day grace period to leave the country after this expiration date. After this grace period, they begin to accrue unlawful presence.

If a J-1 visa holder accrues more than six months...
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2 Answers | Asked in Immigration Law, Divorce and Family Law for California on
Q: Can I file for divorce in California as an Indian citizen on H1B visa?

I am an Indian citizen married to my wife, also an Indian citizen. Our marriage was registered in India. I currently live in California on an H1B visa, and my wife is here on an H4 EAD visa, having moved in December 2024. We have no children or debts and no prenuptial or postnuptial agreements. We... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Apr 28, 2025

If you meet the residency requirements, 6 months in the state of California, and 3 months in your county, you are able to file for dissolution of marriage in California regardless if you got married in another country.

In regard to recognizing the divorce in India, I would speak with...
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2 Answers | Asked in Criminal Law, Family Law and Immigration Law for California on
Q: Can I reclaim jewelry and require financial support from my non-citizen spouse?

I got married in September 2024, and my husband is undocumented. We agreed that I would sponsor him for his green card, but after two months of our marriage, he stopped financial support. I am unable to work due to a mental disability, and I require financial assistance for my needs and... View More

Mario Tafur
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Mario Tafur
answered on Apr 21, 2025

You may have a strong legal basis to recover the jewelry, valued at over 70 grams of 21k gold, taken by your spouse without permission. If the jewelry is your separate property (e.g., acquired before the marriage or as a gift), you retain exclusive ownership under California Family Code § 770. If... View More

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2 Answers | Asked in Immigration Law for California on
Q: Are green card holders facing secondary inspections at airports for staying over 180 days outside US?

I am a green card holder returning to the U.S. through LAX after staying overseas for about 11 months. Previously, I stayed overseas for just under a year and was only asked simple questions, such as which country I stayed in. With current immigration scrutiny, are green card holders now facing... View More

Monica E Rottermann
Monica E Rottermann
answered on Apr 13, 2025

Yes, you are more likely now than in the past to be sent to secondary and questioned on your lengthy absence from the United States. You should be prepared to provide an explanation for your absence and ideally have evidence of the cause for the absence as well as proof of your continued ties to... View More

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2 Answers | Asked in Immigration Law and Gov & Administrative Law for California on
Q: Fear of applying for N600 due to status concerns and gov't actions.

I entered the U.S. in 1975 from the USSR as a permanent resident with my mom. I have derivative citizenship through her since she was naturalized when I was 14 in 1981. However, I missed the swearing-in ceremony due to a high school trip and never received a naturalization certificate; my mom... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Apr 28, 2025

Based on the information you have provided above, it appears that you should not have any problems applying for the N-600. If you are still concerned, you may consider filing a FOIA to obtain copies of your entire file and ensure you have all supporting documentation that you may require before... View More

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2 Answers | Asked in Immigration Law for California on
Q: Which visa is better for IT expert in AI: L1 or O1 for green card path?

As an IT expert specializing in AI with notable projects, currently residing outside the U.S. and looking to find a sponsor, I am considering applying for either an L1 or O1 visa. My goal is to eventually apply for an EB2 visa to obtain a green card and pursue citizenship in the future. Given my... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 11, 2025

L1visa is best if you already work for a multinational company with a U.S. branch, as it offers a clear path to a green card (especially through L1-A → EB-1C). The O1 visa is ideal if you have extraordinary achievements in AI (e.g., patents, awards, publications) since it allows you to... View More

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2 Answers | Asked in Immigration Law and Criminal Law for California on
Q: Denied citizenship due to 2015 drug charges resolved with PC 1000. Next steps?

I've been denied citizenship, and I suspect it is due to drug charges from 2015 that I handled myself. I completed the PC 1000 program to resolve these charges. I haven't sought legal help before. What should I do now regarding my citizenship application?

Mario Tafur
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Mario Tafur
answered on Apr 7, 2025

Your inquiry regarding the denial of your citizenship application, potentially linked to 2015 drug charges resolved through the PC 1000 program, involves a nuanced intersection of California criminal law and federal immigration law.

Under California Penal Code Section 1000, successful...
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2 Answers | Asked in Immigration Law for California on
Q: Will my baby born in the U.S. become a citizen, impacting my immigration status?

As non-American citizens currently residing in the U.S., will our baby automatically receive U.S. citizenship if born here, and what impact might this have on our immigration status?

Symantha Rhodes
Symantha Rhodes
answered on Mar 18, 2025

Generally, a child born in the United States acquires U.S. citizenship at birth, according to the principle of birthright citizenship enshrined in the 14th Amendment of the U.S. Constitution. This citizenship does not automatically confer U.S. citizenship or alter the immigration status of the... View More

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2 Answers | Asked in Immigration Law for California on
Q: What to do if the NVC loses track of a fiancé visa case?

I have a fiancé visa case that USCIS sent to the NVC on April 19, 2024. My lawyer has been communicating with the NVC, but they stated they don't know where my case has been sent. What steps can I take to resolve this issue?

Adam Dayan
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Adam Dayan pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2025

If the NVC loses track of a fiancé visa case, here’s what to do:

Check USCIS Status – Confirm your I-129F petition was approved and sent to the NVC via USCIS Case Status.

Contact NVC – Call +1-603-334-0700 or use the NVC Inquiry Form. Have your receipt number ready....
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3 Answers | Asked in Immigration Law and Family Law for California on
Q: Can my girlfriend from New Zealand apply for a green card if we marry while she's on an ESTA in the U.S.?

I am a U.S. citizen, and my girlfriend from New Zealand is currently in the U.S. on an ESTA. She has been here for 67 days. We are considering getting married before her ESTA expires, and I want to know if she can apply for a green card while in the U.S. so she doesn't have to return to New... View More

Ian E. Scott
Ian E. Scott pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025

Adjusting status is possible when you marry a US citizen even if you entered on ESTA. Once the I-485 has been filed, the applicant cannot leave until travel authorization has been obtained. Ideally the applicant entered without the intent to adjust but there is case law that could deal with this... View More

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2 Answers | Asked in Immigration Law for California on
Q: Concerns of a US permanent resident returning from Pakistan trip

I am a Pakistani citizen and a permanent resident of the USA. I plan to travel to Pakistan for 40 days and have a valid US green card and Pakistani passport. I've traveled to Pakistan before without issues. Will there be any problems upon my return to the USA?

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Mar 10, 2025

If you have a valid Green Card, have not been outside of the United States for an extended period of time (6 months or more), have no prior arrests or convictions that can pose an issue, then you should not have any issues returning after your 40 day trip.

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2 Answers | Asked in Immigration Law and Family Law for California on
Q: Can I apply for a U.S. visitor visa to find a joint sponsor and save my marriage?

I am involved in a family immigration case, and the U.S. embassy has requested a joint sponsor, which I am struggling to find from Pakistan. I have never applied for a visitor visa before, but I want to visit the U.S. to personally search for a joint sponsor and also to save my relationship with my... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 8, 2025

OK before I answer your question, it’s important to point this out. I don’t know what your personal financial situation is but if you guys cannot satisfy the income test, you can satisfy the asset test if either of you have assets that equal three times the amount of minimum income required.... View More

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3 Answers | Asked in Immigration Law and Divorce for California on
Q: What options do I have if my wife can't find a joint sponsor for my immigration case?

My wife is in California, and we got married in 2018. I had an embassy interview in October 2024, and the immigration officer requested more evidence of our marriage and a joint sponsor since my wife's income is insufficient. When I informed my wife, she said she couldn’t find a joint... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 4, 2025

I would just like to add the following. If your wife does not have sufficient income, or sufficient assets to make up for insufficient income, and she cannot find a joint financial sponsor, then if you have sufficient assets, which would need to be $75,000 or more, then you could add that to your... View More

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3 Answers | Asked in Immigration Law and Divorce for California on
Q: What options do I have if my wife can't find a joint sponsor for my immigration case?

My wife is in California, and we got married in 2018. I had an embassy interview in October 2024, and the immigration officer requested more evidence of our marriage and a joint sponsor since my wife's income is insufficient. When I informed my wife, she said she couldn’t find a joint... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 4, 2025

If your wife does not make sufficient income, or has sufficient assets, and if she cannot find a joint sponsor, then the state department will deny your spousal visa case. Remember that if she does not have sufficient income, she can substitute the asset test for the income test. So if she owns a... View More

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2 Answers | Asked in Immigration Law for California on
Q: Seeking guidance on I-130 family petition for a parent, eligibility, challenges, and low-cost legal aid.

I want to know more about the process for filing an I-130 family petition for my parent. I haven't started the process yet and would like information on eligibility requirements and any potential challenges I might face. Additionally, I am looking for advice on finding low-cost or pro bono... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 26, 2025

A US citizen child over the age of 21 can sponsor their parent for a green card. If the parent is overseas, you can sponsor them and they would process at the US consulate in their country of residence. If the parent is inside the United States, you can sponsor them for adjustment of status and... View More

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2 Answers | Asked in DUI / DWI and Immigration Law for California on
Q: Would a misdemeanor DUI effect me removing conditions on a 2 year green card?

I currently have a 2 year green card with conditions and will need to apply to remove conditions using the form I-751

Mohammad H. Husan
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Mohammad H. Husan
answered on Jan 30, 2025

A misdemeanor DUI can influence the outcome of your I-751 petition, but it doesn’t automatically mean a denial. USCIS reviews criminal records as part of the evaluation process, focusing on whether the applicant demonstrates good moral character. A single DUI, especially without serious factors... View More

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2 Answers | Asked in Immigration Law for California on
Q: Can a parent deny US citizenship for their baby at the time of birth & opt for citizenship of the baby’s parent instead

Can the parents of a baby born in USA deny US citizenship for their baby and choose to opt for the parents citizenship instead. Kindly consider that both parents are citizens of India. Thank you!

Rozanna Pondeva Gasparian
PREMIUM
Rozanna Pondeva Gasparian
answered on Jan 28, 2025

A child born in the Untied States is considered a United States Citizen at the time of birth under the 14th Amendment. In addition, if the other country recognizes dual citizenship, then yes a child could have more than one citizenship as the US currently recognizes dual citizenship. I would speak... View More

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3 Answers | Asked in Immigration Law for California on
Q: Immigrate my girlfriend from Manila, Philippines, to Garden Grove, Ca? I know there are 4 or 5 important ones to start.

I am just beginning my journey... but I want to bring my girlfriend to USA to marry. I need help through the process. Can someone explain what is needed? Cost, What paperwork for the application, the history of our families, the timing, interviews and what to expect please?

I know my... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 20, 2024

There are many forms and many documents in the journey to process your fiancé to become legal in America. The best approach is to contact an immigration attorney for a consultation on the phone to go over the process because it can be a little complicated. If you are not working right now, or you... View More

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3 Answers | Asked in Immigration Law for California on
Q: Immigrate my girlfriend from Manila, Philippines, to Garden Grove, Ca? I know there are 4 or 5 important ones to start.

I am just beginning my journey... but I want to bring my girlfriend to USA to marry. I need help through the process. Can someone explain what is needed? Cost, What paperwork for the application, the history of our families, the timing, interviews and what to expect please?

I know my... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 19, 2024

A fiancée petition should be filed using Form I-129F. The filing fee is $675. It could take about a year or so to get a decision after which your fiancée will need to schedule a K1 visa interview at the US embassy in Manila and pay a $265 fee and medical exam fee. Work with an immigration attorney

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