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California Immigration Law Questions & Answers

1 Answer | Asked in Immigration Law for California on

Q: My fiance is in process of Naturalizing. If I get married with her, apply for GC, can she be considered as citizen?

I''m here by Student Visa and she has been a green card holder for 5 years. My visa is expiring and I need to leave the country by October. I know getting married with her when she actually has the citizenship is the best but I'm wondering if during the process of naturalizing can count as a... Read more »

Hector E. Quiroga answered on Jul 18, 2019

Your fiancé will not be considered a citizen until her application is approved. You can marry her before she becomes a citizen. We recommend you talk to an immigration attorney for more details.

1 Answer | Asked in Immigration Law for California on

Q: My daughter was born in Mexico before I became a naturalized us citizen. Will she become a US citizen once admitted?

I got married in Mexico in October 2016 because my wife was pregnant. I then applied the citizenship application. My daughter then was born before i became a US citizen. She was born in April 2017 and I became a us citizen in August 2017 about for months after she was born. Now I petitioned for my... Read more »

Hector E. Quiroga answered on Jul 18, 2019

Your daughter will become a citizen automatically once she enters the US as an immigrant. To get her a US passport, you will need to show that you are a USC, that she is under 18, that she was lawfully admitted as an immigrant, and that she is living with you.

1 Answer | Asked in Immigration Law for California on

Q: citizenship process

Hi i am a green card holder and applied for citizenship on November 2018 and went to fingerprint on december 12/2018, but since that i didn't receive any mail or test date. how long should i wait , how long usually it takes?

Hector E. Quiroga answered on Jul 9, 2019

It depends on where you live. Visit this website to see: https://egov.uscis.gov/processing-times/

1 Answer | Asked in Immigration Law for California on

Q: Is it possible to obtain a US Work Visa by forming a US Corporation and hiring yourself in it as a foreigner?

I would like to know if it is possible to obtain a US Work Visa as a german citizen by incorporating a Company in the United States and hiring yourself as the CEO of that exact same company. Technically that would make you an employee of that company and therefore you should be able to get a US... Read more »

Deron Edward Smallcomb answered on Jul 8, 2019

You need special authorization to hire foreign workers in most cases. There may be other options however. You should contact an experienced immigration attorney to discuss your situation.

2 Answers | Asked in Immigration Law for California on

Q: Can I live in US based on grounds that my entire family is here after my Visa expires

Hi I am currently on h1b and my wife on h4 from India came to US from India on f1 Visa.My parents are permanent resident and I have one Brother who is US citizen through spouse. I don't have anyone back home In India. I have 3 kids all US citizens . I don't have my green card petition filed yet... Read more »

Deron Edward Smallcomb answered on Jul 8, 2019

How old are your children? Perhaps they can apply for you. But as far as just staying because your family is here, without proper documentation, that isn't allowed.

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1 Answer | Asked in Criminal Law and Immigration Law for California on

Q: is CA penal code 502 violation a aggravated felony or just CIMT for Immigration purpose?

Employee used her government computer to download pirated books on it via usb for reading (against employer policy). She violated pc 502 for personal use. Can she get deported as LPR?

Marc David Pelta answered on Jul 7, 2019

I would suggest you meet with an experienced immigration or criminal defense attorney to get the correct answer to this question.

1 Answer | Asked in Immigration Law, Family Law and Native American Law for California on

Q: My mother is a immigrant And we are scared about her getting arrested by ice.

My mother has lived here for 20+ years . She came from Mexico to flee crime and for a better life . We live in California and she has 3 kids that were born here. She doesn’t have a criminal record. She has a stable job and has never been arrested or pulled over by the law. All this news with the... Read more »

Kevin L Dixler answered on Jul 4, 2019

The alleged plan is to look for people with final deportation orders, but incidental to a search, ICE may find others, ask questions and consider whether to detain, release and serve a notice to appear in immigration court.

It can help to review your situation and hers, but it is unclear...
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1 Answer | Asked in Immigration Law for California on

Q: Does H4 transfer need to be complete before I join my new employer. H1 transfer is done

H4 biometric appointment got scheduled in Boston for us, where as we are located in CA. And that too 3 days for 3 people. How smooth is rescheduling,by when do we need to get the H4 process completed, ie.if i submit resignation and my company withdraws sponsorship before their H4 process is... Read more »

Hector E. Quiroga answered on Jun 28, 2019

You can request that the appointments be rescheduled. The instructions are on the form. It is a relatively easy process. You might even try going to the local office with the notices you have to see if they’ll just take your biometrics.

The fact that you have resigned and the company...
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1 Answer | Asked in Immigration Law for California on

Q: hi this is my situation: i am currently undocumented immigrant living in France and i want to know what are my option

please keep in mind that i am a gambler and i won little bit more than 1 million dollar and i sow that there are visa's for people who are rich and want to start/buy a business with 1 million dollar and have at least 12 worker ?

can i apply for that visa ?

Stephen Arnold Black answered on Jun 27, 2019

Investor visas are available for some people who plan to start a business here in America, which would employ workers in the USA. It appears you have enough capital to qualify for this type of visa. Discuss with counsel anywhere in the USA about the entire process from start to finish.

1 Answer | Asked in Immigration Law for California on

Q: I have a pending I-485 for an EB-3 (pending), but I want to file an I-485 through marriage is this an issue?

I was in the process to get my EB-3 through a company and they had filed an I-485 on my behalf, but it is taking too long and they are unresponsive. My husband is a US Citizen and we wanted to go process the I-485 and I-130a with other forms like (g-1145, i-131a, i-693, i-765, i-864). We have been... Read more »

Hector E. Quiroga answered on Jun 25, 2019

File a copy of the withdrawal letter with the new application. It is not necessary to wait for USCIS to respond.

2 Answers | Asked in Immigration Law for California on

Q: My son is born one month after I submitted petition, I-130 form, for my spouse. Can I add our son to that petition?

I have a status of LPR. In January 2019 I submitted I-130 form for my wife. In February 2019 our son is born. Is it possible to add him to that petition I have already submitted for my wife or I should submit separate petition for my son?

Hector E. Quiroga answered on Jun 25, 2019

It isn’t necessary to add your son. Just notify the National Visa Center of his birth at the appropriate time.

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1 Answer | Asked in Immigration Law for California on

Q: My brother a U.S citizen wants to petition me. How long would it take for me to have my residency?

Or should I just wait for my 13 year old son to turn 21 and he should petition me?

Hector E. Quiroga answered on Jun 20, 2019

It depends where you live. It can take between 12 and 21 years. Under the circumstances, you might want to have your brother file a petition, and when your son hits 21, have him file one, too.

1 Answer | Asked in Immigration Law for California on

Q: I filed two separate I-130 for my parents at the same tine. Now its time to submit I-864 online.

Hi

I filed two separate I-130 for my parents at the same tine. Now its time to submit I-864 online. My current annual income is above the poverty line for my household size. So I was thinking to file I-864EZ. However one of the conditions of filing EZ states that :

"The relative... Read more »

Hector E. Quiroga answered on Jun 20, 2019

You are filing two I-130s with only one person indicated on each. You should be able to file the EZ.

1 Answer | Asked in Immigration Law for California on

Q: How many times a person can file FOIA / G-639?

I wanted to file FOIA / G-639 myself now. But after a while when I will hire immigration attorney and if the attorney suggest to file FOIA / G-639 again (for whatever reason), can I refile FOIA / G-639 ? How many times I can file FOIA / G-639 ?

Kevin L Dixler answered on Jun 19, 2019

More information is needed. Isn’t once, enough? If you have trouble getting what you want, then you should file an appeal or file the FOIA requests with the correct Agencies.

The above is general information, not legal advice, and does not create an attorney client relationship.

1 Answer | Asked in Immigration Law for California on

Q: On June 4th 2019 i went to my immigration interview, regarding my green card adjust.

After my interview was completed the immigration officer told me she couldn't make a desision on my green card adjustment because she need it more information.

The emmigration officer gave me a letter where it said i needed to send by mail my brothers I-864 abd my I-864w form to see if my... Read more »

Kevin L Dixler answered on Jun 18, 2019

That’s unclear. It seems that the adjudicator made a demand for a sponsor, but you chose to present evidence other than what was requested and possibly not enough to prove that you were lawfully employed with an EAD and/or work visa for the duration.

The USCIS will not necessarily look up...
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2 Answers | Asked in Immigration Law for California on

Q: Can I keep my parent's address on file with USCIS?

I'm a LPR and keep moving wherever job takes me to so was thinking to keep my parent's address on file with USCIS as I can conveniently get all my immigration related mails. Will that cause any issue in my US Citizenship application?

Kevin L Dixler answered on Jun 16, 2019

Yes, it will cause problems. You must live at least 90 days in the USCIS District where you file just immediately before filing. You must be able to prove it. You are required to notify the USCIS within 30 days before moving that you will change addresses. If not, you violate the terms of lawful... Read more »

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2 Answers | Asked in Immigration Law for California on

Q: My father became a naturalized U.S. citizen when I was underage. How can I verify whether I became a U.S. citizen too?

In 1996 my father became a naturalized U.S. citizen. At that time my parents were divorced and I was temporarily living with him, but court documents show that my mother had custody of me at the time of their divorce. My father said he petitioned for my citizenship since I was underage and claims... Read more »

Kevin L Dixler answered on Jun 13, 2019

The only way to do so is to do a Freedom of Information Act Request. It is unclear whether you were a lawful permanent resident, which 'you must be' in order to somehow derive citizenship through your dad. Normally, you would have to derive citizenship through the custodial parent if you were 18... Read more »

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1 Answer | Asked in Immigration Law for California on

Q: Permanent resident with no income -- want to Sponsor Green Card for child

Good morning, I am a senior citizen living in USA. Six months ago I immigrated to US as permanent resident. I want to sponsor Green card for my daughter. I have no income(never worked/filed taxes in USA). Currently I am not working. I have a relative supporting me. Is it possible to file a I-130... Read more »

Kevin L Dixler answered on Jun 13, 2019

If your daughter is married, then as a lawful permanent resident, you cannot petition her. In addition, if you live long enough for the visa to be available, then you will need to prove that you can financially support your daughter at that time. If not, then someone must be willing to act as a... Read more »

1 Answer | Asked in Immigration Law for California on

Q: Will a pending EB-3 application cause issues with filing for an I-485?

I am filing for my wife to gain her permanent residency. I am a Naturalize US citizen who served 4 years in the USMC (United States Marine Corps). My wife was in the process of doing her EB-3, but canceled it after we got married. We want to know if a pending EB-3 would cause any problems with... Read more »

Hector E. Quiroga answered on Jun 12, 2019

Yes. The question is one of the type of visa you will need; possibly and L-1. Best to sit down with an immigration attorney who has experience with immigration through employment.

1 Answer | Asked in Immigration Law and Native American Law for California on

Q: I'm an American Indian born in Canada trying to obtain a Permanent Resident Card to live and work in the United States.

I'm an American Indian born in Canada trying to obtain a Permanent Resident Card to live and work in the United States. I have a confirmation of registration letter from Indian Affairs to prove I am status indian. I want to know what other steps I need to take to become a citizen?

Scott E Beemer answered on Jun 11, 2019

Hello,

American Indians born in Canada (with at least 50% American Indian blood) cannot be denied admission to the United States. However, a record of admission for permanent residence will be created if an American Indian born in Canada wishes to reside permanently in the United States....
Read more »

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