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California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: 90 days rule for adjustment of status and applying for parents greencards

We just became US citizens and I want to adjust the status of my parents by getting them their greencards. I read about the 90 days rule, is it absolutely necessary and if I file before that will USCIS deny their greencards? They have been travelling on a B2 visa for more than 15 years and never... Read more »

Agnes Jury
Agnes Jury answered on Oct 11, 2021

Here is a good article on this subject:

https://citizenpath.com/90-day-rule-adjusting-status/

If you still have questions or concerns after reading this article, I recommend you do a consultation with an experienced immigration attorney. Best wishes!

1 Answer | Asked in Immigration Law for California on
Q: Can I travel internationally before my new green card arrives?

My I-751 petition to remove conditions on residence has been approved and I received the approval notice today. I also received the update online that my new card has been issued and mailed to me. However I need to travel internationally very soon, and I’ve already filed the reentry permit... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 8, 2021

The most efficient way to secure your admission upon arrival would be calling the USCIS Customer Service, ask to be requested to Tier II agent and request a personal infopass to place an I-551 LPR stamp into your valid foreign national passport.

2 Answers | Asked in Immigration Law for California on
Q: Could we expedite the process of getting an interview date with the embassy (Abu Dhabi) after our docs got qualified?

I applied an I-130 for my husband and our documents are qualified since April 2020 at the NVC waiting for an interview date at the embassy. I am a LPR and priority date is may 2019.

I appreciate any info about if the embassy is taking interviews and if not then would it be a good option to... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 28, 2021

No, there is no way you could expedite that process until your background is complete to be called for the interview.

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3 Answers | Asked in Immigration Law and International Law for California on
Q: Can a remote US employee living in Australia qualify for EB1C Green card?

Hi there, I am located in Brisbane Australia. I was born in India and hold Australian Citizenship. I work remotely from Australia for a US company. I have an Indefinite contract with the company, and I pay my taxes in Australia. My company does have 1 offshore office registered in London UK. I was... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Sep 22, 2021

The best approach to achieve immigrating to the US is to work with an experienced immigration attorney. The attorney will discuss with you various business visas and the requirements for the visa that is best for you. Supporting documents are based on your situation and qualifications. The... Read more »

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4 Answers | Asked in Immigration Law for California on
Q: Where can I find a great lawyer online licensed in the state of CA?
Agnes Jury
Agnes Jury answered on Sep 21, 2021

Here on Justia. If you are looking for an immigration lawyer you should try www.AILA.org. You can also try private attorney referrals such as www.avvo.com. Best wishes!

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1 Answer | Asked in Immigration Law for California on
Q: I am on H4 ead visa.Valid for 2 years.Husband is forcing me to leave the US or he will leave to nullify my status.

Can my husband force me to leave the US or can he nullify my visa by traveling back to his country.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 10, 2021

Unfortunately, yes.

If the Principal H1B foreign national cancels one's immigrant visa scope, duties or status and travels to one's home country, then, by operation of law, any H4B Beneficiary loses one's Beneficiary lawful status as well.

In terms of "forcing...
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1 Answer | Asked in Immigration Law for California on
Q: Regarding the I-129F Alien Fiance proof of relationship, is proof of In-Person Meeting required due to COVID lockdown?

I met my fiance shortly prior to the beginning of the COVID-19 pandemic. Living in the UK, the moment things became romantic, I had wanted to go, but a strict lockdown of travel has prevented US to UK and UK to US flight. We want to be together, but there is not a way to make this happen. Having... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Sep 7, 2021

So in order to sponsor your fiancé for a K visa, a requirement is that you have to have a physical “in person meeting” within two years of filing the application. There are exceptions to this rule but they are extremely rare and it would not apply to your case based on the summary that you... Read more »

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: Can I certify for unemployment benefits if I have an EAD gap?

I applied for my EAD's renewal after my old EAD's expiration date which means there's now a gap in my employment authorization. I'm currently on unemployment and I wonder if I should continue certifying for unemployment benefits. If so, what would the risks be? I definitely... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 28, 2021

You are not qualified to receive UI benefits if you are not ready willing and able to take a full time job. If your immigration status means you do not have the right to work right now, then you should not certify that you can.

Good luck to you.

2 Answers | Asked in Immigration Law for California on
Q: My passport application in question 10 asks for "Parental Information" - I am 72, is this necessary?

Both are deceased . . .

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Aug 25, 2021

Yes the information is needed. There should be a place for their date of birth and possibly date of death.

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1 Answer | Asked in Immigration Law for California on
Q: What can I do if my case is outside the normal processing time. I filled the form I539 on May 23. 2020.

I already did fill the form for cases out normal processing time and they asked me to wait 60days to get something in the mail and I didn’t get anything so I call them the didn’t give me an explanation

Agnes Jury
Agnes Jury answered on Aug 23, 2021

You can submit an inquiry to USCIS at: https://egov.uscis.gov/e-request/displayONPTForm.do?entryPoint=init&sroPageType=onpt

Best wishes!

1 Answer | Asked in Immigration Law for California on
Q: Does the petitioner have to go to interview at Cuidad Juarez ?

I am US citizen petitioning for my husband we live in Mexico . We just got the letter for the interview date at Cuidad Juarez . In the letter it says “ Only family members listed below in the "Additional Applicants" section who are intending to immigrate at this time must appear at the... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Aug 18, 2021

Yes. If they added your name you need to attend the interview.

1 Answer | Asked in Immigration Law for California on
Q: Can you change your sponsor right before your initial interview for immigrant visa?

my sister is living in the US with student visa, but her green card process has been ongoing during these times. Now she has her initial interview in a week and was asked to bring her sponsors' the most recent tax returns. The problem is her co-sponsor is not on the good term with her anymore... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Aug 18, 2021

I suggest she bring the I-864 for her new co sponsor to the interview and request that they be substituted for the co sponsor documents that were previously submitted. Whether the service will accept this is up to the protocol of USCIS where he interview will take place.

2 Answers | Asked in Immigration Law for California on
Q: Urgent: I have a question for my sons crba interview.

I have a son that has one month old and was born in mexico, im trying to register as a citizen(CRBA). I am a US Naturalization. And one of the requirement is this ( Documents to provide proof of father’s presence in the U.S. prior to child's birth (for at least 5 complete years and at... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Aug 18, 2021

You state that you are a USC by naturalization and the father is also a USC. At least one of you had to have lived in the USA for 5 years and two of those years after your 14th birthday. If one of you does not meet this requirement you child is not a USC by birth. You will need to establish a... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: Urgent. I have a question about my sons crba interview.

What does this law mean:

For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.

Does this... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Aug 17, 2021

You are looking at the rule for determining whether your son became a USC at birth. It doesn't sound like he became a USC at birth because you were not a USC at his birth. You do not state whether his father was a USC on the date of his birth.

You do not state how old your son is, his...
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1 Answer | Asked in Immigration Law for California on
Q: My question is how can i bring my fiance and get married in the us, also how much qould it cost?
Agnes Jury
Agnes Jury answered on Aug 3, 2021

You need to file form I-129F. You can find instructions and filing fee costs here: https://www.uscis.gov/i-129f

However, I would strongly recommend hiring an attorney to help you with the process to make sure your application goes smooth and is successful. You can find an attorney on...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: Can someone with DACA and a final order of removal travel on advanced parole?

Married to a US citizen and approved I 130 however, I have been unable to get my case to reopen. Some lawyers have told me that legal entry would make my case more likely to be reopened if we argue that I have a legal entry and can adjust my status. However, others Have told me that I would get a... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jul 31, 2021

If you have an outstanding order of removal and you leave the United States you will not be admitted when you try to return. If you have an approved I-130 you may be eligible for a waiver. Without a waiver I can not say how long you will be banned from the USA because I have no facts regarding your... Read more »

1 Answer | Asked in Immigration Law for California on
Q: If I sponsor my fiancé on a K1 Visa but live with my mom but file taxes as an independent is she part of the household

Would my household be of 2 me and my fiancée or would I have to include my mom even if she works and isn’t my dependent. Thank you in advance .

Agnes Jury
Agnes Jury answered on Jul 27, 2021

No. You do not count your mom. Here is a great guide on the subject: https://www.ilrc.org/sites/default/files/resources/intro_guide_affidavit_support-20180410.pdf

Best wishes!

1 Answer | Asked in Immigration Law for California on
Q: My husbands case was sent to NVC. Received 60 day period letter from NVC. Will we be getting interview by end of year?

03/2019 Pardon waiver approved

IR1- both in USA ( I’m a citizen asking for husband)

5/15/2020 Case sent to NVC and completed

5/28/21- received a letter from NVC that our case “ immigrant visa is documentarily complete at the National Visa center ...The next... Read more »

Agnes Jury
Agnes Jury answered on Jul 16, 2021

There is no way to know/predict for sure because it depends on how busy the Embassy is and how fast they are working on catching up with their COVID caused backlog. You can call the Embassy where the file was sent to see if they will let you know the date of immigrant visa documentarily qualified... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Im looking for a lawyer for imigration service. Law i601. I merry to a us women .

Im looking for a lawyer for imigration service. Law i601. I merry to a us women .

Henry George Haddad
Henry George Haddad answered on Jul 13, 2021

You are referring to a Waiver application based upon hardship to an immediate family member. There are two types depending on the situation you are faced with.

Our office has been handling immigration matters for over 35 years and can represent you/your wife.

Call us at...
Read more »

1 Answer | Asked in Immigration Law, Real Estate Law, Tax Law and Estate Planning for California on
Q: If I’m a US citizen does that mean I’m also US resident even if I have residency abroad?

My Grandparents have made a condition on their Trust that no funds should go to issues of my Mom who are not permanent residents of the United States. I have been living in Germany under temporary residency permits and now I’m in California considering moving back to US now in order to protect... Read more »

Agnes Jury
Agnes Jury answered on Jul 9, 2021

The term "permanent resident" of the U.S. in immigration law context refers to someone who is NOT a U.S. citizen but has obtained the right to permanently reside in the U.S. (a.k.a. Green card) and is physically present in the U.S. typically at least 6 months out of any year (so not to... Read more »

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