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California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: My partner and I have been married for 6 years, We recently finished the interview for my green card application

and should be receiving a green card in a few months if everything goes well. We have a business loan under my partners name and I found out that he has been gambling a lot of money from the loan. We talked, but can't find a solution, so I am thinking of getting legal separation or divorce.... Read more »

Agnes Jury
Agnes Jury
answered on Mar 2, 2022

Your green card should be valid for 10 years (i.e. not a conditional one valid for only 2 years) so your divorce should not cause a problem with respect to your immigration status. Consult with a divorce attorney on how to protect yourself from further damage. Best wishes!

1 Answer | Asked in Family Law and Immigration Law for California on
Q: I was given questionable ID as minor when coming to US from Panama w/ Scientology. I want to use my real name + age

I have only 1 Id card and social and no contact with cult foster parents. I have no way to connect with birth mother. I know my real name, birthdate and want to get ID that reflects this as well as verify that the ID and social I have been using is valid. I am pregnant and want to use my real name... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Feb 25, 2022

More information is needed about any possible adoption that may have taken place along with your actual immigration status. This will be important in determine what steps must be undertaken.

1 Answer | Asked in Family Law, Divorce and Immigration Law for California on
Q: My wife put a restraining order on me. I’m in a tough situation. What kind of help do I need?

My wife got a short term restraining order the day I got arrested for domestic violence. I’m assuming she’s going to divorce me and extend the restraining order. The restraining order I was given says I must move out of the apartment. How do I get my stuff out without breaking the order and... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Feb 24, 2022

You should immediately speak to an immigration lawyer and tell them everything. Since you are not a citizen this becomes very urgent. You will also need a family lawyer regarding the divorce and your child. Do not return to the home until you have spoken with a lawyer as to do so will breach the... Read more »

1 Answer | Asked in Immigration Law for California on
Q: What is the time frame to bring an alien relative over to the US? California more specifically.

I applied for an I-130 (petition for alien relative) for my wife back in late August - early September and so far have not heard anything back except that the application was received and accepted. I wanted to know what the process length would typically be like here in Southern California and what... Read more »

Stanley Dale Radtke
Stanley Dale Radtke
answered on Feb 18, 2022

You can always check with the USCIS website that notes the case processing wait times.

As of today, here is the I-130 wait times:

Estimated time range Form type Receipt date for a case inquiry

22.5 Months...
Read more »

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: Is it OK to start working before receiving work authorization?

My husband and I married on January and we filled for a green card and adjustment of status as well as the work and travel authorization.

It looks like I have an opportunity to start working in an property management firm and they would be willing to hire me. I have a social security... Read more »

Stanley Dale Radtke
Stanley Dale Radtke
answered on Feb 18, 2022

From the USCIS webpage:

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

"An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:

The applicant is now employed or has ever been employed in the United States without authorization;"

1 Answer | Asked in Immigration Law for California on
Q: My husband has a criminal record here in United Stateshe got deported to Mexico would he be able to immigrate to Canada
Stanley Dale Radtke
Stanley Dale Radtke
answered on Feb 18, 2022

Any answer to your question would require more information. Specifically, what was your husband convicted of? If he was convicted of a serious offense, or a drug conviction that rendered him deportable from the US, then, such a conviction would most likely render him inadmissible to any other... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Filed derivation 485 of an approved EB2 principal spouse. Can principal spouse ask me to abandon and leave?

Filed 485 a year back as derivative of EB2 principal spouse. Spouse now asking me to leave.

Married 20+ years ago, stayed 5 years together in US on H1, had a US born child, then I left for home country, stayed separately (no legal separation), returned to US after a 10 years on B1 to... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Feb 17, 2022

If the spouse writes to USCIS and withdraws the application and makes allegations, and doesn' t go to the interview, the USCIS will have no choice but to terminate your application. Your spouse cannot force you to leave the country but you expose yourself to all sorts of negative issues with... Read more »

2 Answers | Asked in Divorce, Family Law and Immigration Law for California on
Q: My soon to be ex-wife of 4 years refuses to become a citizen and plans to use the affidavit of support against

She refuses to become a citizen in order to use the affidavit against me. She cleans houses and does not have earned credits, has been lying to the court in our divorce case claiming we were married in 1994 when in reality we married in 2015-as noted on her immigration application. She is... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Feb 6, 2022

If you cannot afford an Attorney or a PI as you said then you need to find a non profit that

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1 Answer | Asked in Immigration Law for California on
Q: How can I get H1B stamp in my passport if I'm not allowed to go back to my country due to a pending asylum process?

stamp in my passport, the Change of status was approved (From an F-1 visa) and everything looks good. I'm also waiting for a decision on my Asylum application (immigrant visa). Waiting for the last interview.

The company that I work for requires some international travel and there is... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 26, 2022

Leaving the United States with a pending asylum status will place that pending case in jeopardy. Also, even with an H1B visa the pending asylum case will trigger a dual immigrant intent. A foreign travel is not recommended.

2 Answers | Asked in Immigration Law and Traffic Tickets for California on
Q: I am a New Jersey resident, on H1B visa. I got a speeding ticket of 118mph on California free way.

What are the consequences. Is that a criminal offense is that gonna appear on criminal and background checks.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 24, 2022

1. Speeding over a certain milage is a quasi-criminal state misdemeanor offense,

2. That speeding citation will appear on one's driver's license background,

3. Also, if that traffic citation resulted in a brief traffic arrest, processing and release on a bond that arrest...
Read more »

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1 Answer | Asked in Divorce and Immigration Law for California on
Q: If I marry a man whom has dept bills from his previous marriage, divorced in 2012 can those collection agencies,

Come after property that's in my name?

Kevin L Dixler
Kevin L Dixler
answered on Jan 15, 2022

This is a collection and marriage based question that has less to do with immigration unless he will petition you and you may need a joint sponsor.

It will depend upon your State’s credit card laws concerning debt.

2 Answers | Asked in Immigration Law for California on
Q: Can breach of contract be a reason for revocation of green card?

I am an RN who was petitioned by an employer. My green card has already been issued. I resigned after 6 months of being employed with them due to unhealthy work environment therefore resulting to breach of contract and some penalties that I am willing to settle. Will breach of contract be a reason... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Jan 13, 2022

It is unclear whether the employment contract is enforceable as a matter of Federal immigration and labor law. There is sometimes confusion in local courts. You were lawfully admitted based upon a position. The position was offered to you for an indefinite period of time based upon a shortage of... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: Filed asylum on 10/20/2005. Case is administratively closed. Do I qualify as: alien whose deportation is being withheld?

An alien whose deportation is being withheld under § 243(h) of such Act [8 U.S.C. 1253] (as in effect immediately before the effective date of § 307 of division C of Public Law 104–208) or § 241(b) (3) of such Act [8 U.S.C. 1231 (b)(3)] (as amended by § 305(a) of division C of Public Law 104–208)

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 11, 2022

Your entire immigration court procedural history must be examined by a licensed professional in order to advise you accurately.

1 Answer | Asked in Criminal Law and Immigration Law for California on
Q: Is there a preliminary background check before uscis sending the I-751 receipt notice with the 24 months extension?

Conditional permanent residents who properly file Form I-751 will receive a receipt notice that can be presented with their Permanent Resident Card, as evidence of continued status for up to 24 months past the expiration date on their Green Card, while their case remains pending with USCIS.... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 8, 2022

Before approving that extension of the green card, or removal of the conditions in LPR there will be a background check prior . When you face a federal indictment or pending criminal case that will affect that extension of the lawful status 100%.

2 Answers | Asked in Immigration Law for California on
Q: I’m in f1 visa , and I can ave no intention to go university, is that a problem if I start asylum issue without going un

I really can’t go back to my country because I have some serious problems affect on my life

Kevin L Dixler
Kevin L Dixler
answered on Jan 7, 2022

Yes, you were lawfully admitted, so that you can go to the University or School that provided the I-20 form. You have one year from your admission into the U.S. to properly file for asylum. Serious problems may not be enough. You must demonstrate to the satisfaction of U.S.C.I.S., not your... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: How long does the process of a US visitor visa take?
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Jan 4, 2022

The processing times are varying widely now. There are reports of persons getting visitor's visa interviews set for 2023. If you have a medical emergency the situation might be examined with some urgency and early dates set. Good luck.

2 Answers | Asked in Immigration Law for California on
Q: I'm currently on O1-A and would like to apply for a GC. Do I have to apply for a new I-140 (EB-1)?

Also, my O1-A is due for renewal in four months. Do I need to renew my O1 before applying for EB-1?

Samuil Buschkin
Samuil Buschkin
answered on Jan 1, 2022

If your status is current you can apply from within the US.

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1 Answer | Asked in Criminal Law and Immigration Law for California on
Q: I’m under investigation in usa. I am in a different country right now. There’s no charge yet. Detective will be aware?

I’m under investigation in usa. I am in a different country right now. There’s no charge yet. Detective will be made aware that I entered the USA? Can the cops at port of entry arrest me? I am not aware of anything that the allegations could be like.

Dale S. Gribow
Dale S. Gribow
answered on Dec 27, 2021

Much more info is needed.

I suggest you consult you set up a consultation with a local criminal atty and explain all the facts.

If there is no warrant I would not expect you to be stopped.

However, without knowing the facts it’s difficult to say.

2 Answers | Asked in Criminal Law, Federal Crimes and Immigration Law for California on
Q: Can I travel to US while under criminal investigation in US as a non immigrant on H1B visa?

I got to know that I am under criminal investigation in USA. Investigation started while I was outside the USA and traveling in a different country . If I travel now, will there be an arrest at port of entry?

Dale S. Gribow
Dale S. Gribow
answered on Dec 23, 2021

i am not an immigration lawyer and would suggest you contact a local immigration lawyer for guidance.

from a criminal standpoint, if there is a decision to file, it will be filed as a bench warrant. Thus, when anyone checks they will see it and you will be arrested.

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1 Answer | Asked in Immigration Law for California on
Q: Would there be any issue with immigration in the US for my parents?

My parents are planning to visit the US (they have a B2 visa). They will be staying here with me for a couple of weeks and then will leave for Canada (they have a Canadian visit visa too).

Another question I have is, My parents will stay in Canada for 3-4 months and then visit me again for... Read more »

Agnes Jury
Agnes Jury
answered on Dec 22, 2021

It is always the discretion of the Border Patrol Officer to determine whether a foreigner applying to enter the US should be admitted under the requirements for the visa category that the foreigner has at the time of the application for admission to the US. So for a tourist (among other general... Read more »

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