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California Immigration Law Questions & Answers
1 Answer | Asked in Civil Rights and Immigration Law for California on
Q: Credit Union discrimination because of my immigration status/nationality??

New in the country with and EAD(Combo card-Work permit & travel), one of the Credit Unions here in Fresno, CA doesnt accept my EAD card as valid ID to open an account (checkings & savings), I feel is discrimination as I have other financial institutions banks and even other 1 credit union... View More

James L. Arrasmith
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answered on Sep 25, 2024

It sounds frustrating to be denied service based on your immigration status, especially since you've had no issues with other financial institutions. Credit unions and banks are generally required to follow federal guidelines when verifying identity, and an Employment Authorization Document... View More

1 Answer | Asked in Immigration Law for California on
Q: Hello What form is required to add a 10 year old child to a Green card holder. Thanks
James L. Arrasmith
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answered on Sep 21, 2024

To add a 10-year-old child to a green card holder’s petition, you’ll need to file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form allows a green card holder (permanent resident) to petition for certain family members, including... View More

1 Answer | Asked in Immigration Law for California on
Q: My current salary is more than double the prevailing wage for PERM. Will that be a problem in employment-based greencard

Hello, My employer filed my PWD and the prevailing wage came out very low compared to my salary. The prevailing wage is less than half of my salary. Will that be a problem during PERM or i140? I feel that this will trigger the audit. I really appreciate any help you can provide.

James L. Arrasmith
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answered on Sep 20, 2024

Having a salary significantly higher than the prevailing wage for PERM is generally not a problem. In fact, it's a positive indicator for the Department of Labor, as it shows the employer is more than willing to pay well above the minimum wage for the position. The main concern for PERM is... View More

1 Answer | Asked in Immigration Law for California on
Q: After the immigrant visa interview, we renewed a Mexican Passport since less than 6 months vailidity, how to fix DS-260?

Out immigrant visa case was in administrative review after the interview in Juarez Mexico; however, my wifes Mexican visa was going to have less than 6 months validity. The issue I'm seeing is that the DS-260 form was filled out with the now old passport number since the new one was renewed... View More

James L. Arrasmith
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answered on Sep 20, 2024

When you find yourself in this situation, the best approach is to be clear and transparent with the consulate. You don't need to submit a new DS-260. Instead, provide both the old and the new passports along with an explanation. Make sure the consulate understands that the new passport was... View More

1 Answer | Asked in Immigration Law for California on
Q: I live in Syria,Idlib and i wanna know if usa or any europian country can get me out of here for free ,life is horrible

because i can't even go to college or to find a jop , i can't do anything here so please lemme know if that's possible + btw I don't even have a passport

James L. Arrasmith
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answered on Sep 19, 2024

I’m really sorry to hear about your situation. Unfortunately, without a passport, it can be quite difficult to leave Syria. Most countries require official identification like a passport for any kind of asylum or refugee application. However, there are organizations and agencies that help people... View More

1 Answer | Asked in Immigration Law for California on
Q: How do I reply or re-submit I-821 again for "Request for Evidence" (RFE)?

I am seeking guidance on my aunt's I-821 re-registration for TPS. She has been in the U.S. under TPS for five years due to the worsening situation in Burma.

Her re-registration began in April 2024 with a paper filing and fee waiver. We made a few mistakes, and to avoid a delay or... View More

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answered on Sep 14, 2024

When replying to a "Request for Evidence" (RFE) for the I-821 re-registration for TPS, it's important to follow the instructions provided by USCIS carefully. Since the RFE asks for a completed copy of the I-821 form, you should resubmit the form as requested. You can use the same... View More

1 Answer | Asked in Immigration Law for California on
Q: Can a H4 EAD person working for a different company , establish an LLC and be the manager of the same LLC as well ?

I am currently on H4 visa with EAD document valid till 2027. I work for a company in California. I am planning to establish a company in Texas, can I be the manager of the LLC as well

James L. Arrasmith
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answered on Sep 13, 2024

Yes, as an H4 visa holder with an EAD, you are allowed to work for any employer in the U.S., including managing and establishing your own LLC. Since your EAD gives you authorization to work, you can engage in business activities, including managing a company or working for another employer.... View More

1 Answer | Asked in Immigration Law for California on
Q: I hold both F-1 and TPS statuses and I am planning to travel abroad so will I need to file a travel document I-131.

When I re-enter the US, will I still have both statuses?

James L. Arrasmith
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answered on Sep 12, 2024

If you hold both F-1 and TPS statuses and plan to travel abroad, you will need to file Form I-131, Application for Travel Document, to obtain Advance Parole if you wish to re-enter the U.S. and maintain your TPS status. Traveling without an approved I-131 can result in losing your TPS status. Make... View More

2 Answers | Asked in Immigration Law for California on
Q: Russian consulate won’t allow me to renounce my Russian citizenship. Is there anything I can do?

I received russian citizenship not by choice. I Filed to renounce russian citizenship but application was denied by Russian consulate. I cannot have dual citizenship for a certain federal job

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 8, 2024

More facts are needed to analyze your personal circumstances accurately. Find a counsel if your choice to discuss your matter confidently,

No one could provide a lucid answer based on prior scanty paragraph.

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1 Answer | Asked in Employment Law and Immigration Law for California on
Q: Does working 2 jobs at the same time on OPT and STEM-OPT affect the H1B and/or Green Card approval chances in the future

I am currently on F1-OPT and have applied for the STEM OPT extension (STEM OPT has not been approved yet). I have been working with employer A for 1 month now and have received another job offer from company B. I plan to work for both the employers once my STEM OPT is approved.

Employer A... View More

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answered on Sep 7, 2024

Working two jobs while on F1-OPT or STEM OPT is generally permissible as long as both jobs are related to your field of study, and you comply with the terms of your OPT authorization. However, having overlapping employment during OPT or STEM OPT could potentially lead to questions or Requests for... View More

1 Answer | Asked in Child Custody, Divorce, Immigration Law and Civil Rights for California on
Q: Looking for a probono attorney for my divorce my husband has left me with no asset and wants to take everything

I am a stay at home wife and documented married 10 years. I don’t have any sort of income. He makes all the money and has cut me off. I have no car to go see any lawyers or the court. He didn’t give me a green card papers so I can’t get a job and he wants me to pay him and pay all the fees... View More

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answered on Sep 6, 2024

It sounds like you are going through a very difficult situation, and there are resources available to help you. Since you are a stay-at-home wife with no income and no access to transportation, you might want to consider reaching out to local legal aid organizations that provide free legal services... View More

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: My H-1B was approved this year and company had layoffs. Do I transfer before or on October 1?

My H-1B was selected and approved this year and H-1B start date is October 1 2024. My company had layoffs and I was impacted. Last day of work with previous employer was end of July. Now I have a new employer willing to do the transfer. Is it possible to get it transferred since activation date is... View More

James L. Arrasmith
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answered on Sep 6, 2024

Since your H-1B start date is October 1, 2024, you need to ensure the transfer is filed in a timely manner. When your current employer has laid you off and you’re no longer employed, you generally have a 60-day grace period to transfer to a new employer or leave the U.S. This period starts from... View More

1 Answer | Asked in Immigration Law for California on
Q: Which states allow a temporary but legal resident to change their name and last name?

I'm an italian citizen, who's also a legal temporary US resident.

Can i change my name and last name during my year here in CA?

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

Will i need to go to the CA court and meet a judge?... View More

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answered on Sep 4, 2024

In California, you can request a legal name change, even if you are a temporary legal resident. The state allows individuals, regardless of their immigration status, to petition the court for a name change. You will need to file the necessary paperwork with the court and attend a hearing in front... View More

1 Answer | Asked in Immigration Law for California on
Q: Which states allow a temporary but legal resident to change their name and last name?

I'm an italian citizen, who's also a legal but temporary US resident.

Can i change my name and last name during my year here in CA?

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

Will i need to go to the CA court and meet a judge?... View More

James L. Arrasmith
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answered on Sep 3, 2024

Yes, you can change your name in California, even as a temporary resident. California law allows anyone residing in the state, including temporary residents, to petition for a name change. You'll need to file the necessary paperwork with the court and pay a filing fee.

After filing,...
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1 Answer | Asked in Immigration Law for California on
Q: Which states allow a temporary but legal resident to change their name and last name?

I’m an italian citizen, who’s also a legal temporary US resident.

Can i change my name and last name during my year here in CA?

Does the state of California allow temporary residents to do so?

Will i need to go to the CA court and meet a judge?

Will the judge... View More

James L. Arrasmith
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answered on Sep 3, 2024

Yes, you can legally change your name in California as a temporary resident, including if you are here for a year. California allows anyone, regardless of immigration status, to petition the court for a legal name change.

You will need to file a petition with the California Superior Court...
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1 Answer | Asked in Immigration Law for California on
Q: Which states allow a temporary but legal resident to change their name and last name?

I'm an italian citizen, who's also a legal temporary US resident.

Can i change my name and last name during my year here in CA?

Does the state of California allow temporary residents to change their name and last name?

Will i need to go to the CA court and meet a... View More

James L. Arrasmith
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answered on Sep 3, 2024

Yes, you can change your name and last name in California as a legal temporary resident. California law allows both citizens and non-citizens, including temporary residents, to petition for a name change. You will need to file a petition in a California court and attend a court hearing before a... View More

1 Answer | Asked in Immigration Law for California on
Q: Which states allow a temporary but legal resident to change their name and last name?

I'm an italian citizen, who's also a legal temporary US resident.

Can i change my name and last name during my year here in CA?

Does the state of California allow temporary residents to do so?

Will i need to go to the CA court and meet a judge?

Will the... View More

James L. Arrasmith
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answered on Sep 3, 2024

Yes, as a temporary legal resident in California, you are allowed to change your name and last name. California law permits residents, regardless of their immigration status, to petition for a legal name change. However, you will need to file a petition in court and attend a hearing with a judge.... View More

1 Answer | Asked in Immigration Law for California on
Q: Can a temporary legal resident change their name?

I’m an italian citizen, but also a temporary legal resident here in the US.

Can i apply to change my name? Or is it only permissible for permanent residents? Can someone describe what will my name change journey as a temporary resident be like?

James L. Arrasmith
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answered on Sep 2, 2024

Yes, you can apply to change your name in the U.S. as a temporary legal resident. The process generally involves filing a petition with the court in the state where you reside. In California, for instance, this requires completing a Name Change Petition, paying a filing fee, and attending a court... View More

1 Answer | Asked in Immigration Law for California on
Q: If I change my J1 visa to E3 visa, can I still study? Can I stop paying the J1 insurance?

I am an Australia citizen on a J1 visa studying in San Francisco, the program will finish in three months. I have got an employer willing to sponsor my E3 working visa and happy for me to finish the study while working for them. Can I study while I am working on E3? Can I not pay the J1 insurance... View More

James L. Arrasmith
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answered on Sep 2, 2024

You can study while on an E3 visa as long as your primary purpose remains employment. The E3 visa is a work visa, but it does not prohibit you from taking classes or continuing your studies part-time. However, your work obligations should be your main focus.

Regarding the J1 insurance, once...
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1 Answer | Asked in Immigration Law for California on
Q: Travelling on AP to activate H1B

I have a pending i485 application, also I have a valid H1B i797 through consular processing, which is not yet activated. (i) Can I leave the United States using advance parole & re enter using my H1B visa (on H1B status)? (ii) Will this have any effect on my pending i485 application?... View More

James L. Arrasmith
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answered on Aug 30, 2024

Yes, you can leave the United States using advance parole (AP) and re-enter using your H1B visa to activate your H1B status. Upon re-entry, you would be admitted in H1B status rather than parolee status, as long as the H1B visa is valid.

However, using your H1B visa to re-enter should not...
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