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California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: Who qualifies as O1-B petitioner and agent for multiple employers?

I'm currently in the US on an O1B visa as a performing musician, and my status is expiring this year, so I'm going for another O1B petition to get three more years. My previous petitioner had a production company through which we filed the petition. And in the petition, his company was established... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 25, 2020

A less credible and poorly established petition can be challenged by the USCIS. It may appear dubious. Extensions have been denied, which can have an impact upon someone who also depends upon the ESTA visa waiver program. If you are pretty much done with the work, consider working abroad, again.... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I got married to get my citizenship. I am now a 5 years citizen can I still get deported?

Someone is threatening me to report me of how I got my citizenship. Can I still be deported?

Hector E. Quiroga
Hector E. Quiroga answered on Jan 16, 2020

In order for you to be deported, the government would need to determine that you married not in good faith but to evade immigration laws. Someone’s say-so that you didn’t is not enough.

1 Answer | Asked in Immigration Law for California on
Q: Can I travel to Canada with my Mexican passport?

I am currently living in California, I am undocumented and I am 18 years old. I have my Mexican passport and California DL, I was wondering if there is any way for me to travel to Canada legally. From what I’ve heard you can travel to Canada with a Mexican passport and a visitor visa, but in my... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 14, 2020

You will need to see what Canada requires for Mexican citizens visiting Canada. You also must consider your return to the US. It is highly unlikely that you would be allowed to reenter.

1 Answer | Asked in Immigration Law for California on
Q: My son just signed the contract as a reservist with the Air Force, can I apply for parole in place?

My son just signed a contract as reservist with the Air Force in Los Angeles but he will be traveling to Texas to join the Air Force base as a reservist in April [he will be in Texas for six months]. My question is: Can I, as his father, apply for parole in place? or do I have to wait for my son to... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 11, 2020

He has to show that he is active military or in the ready reserve. If he can do that now, you should be able to apply for PIP.

1 Answer | Asked in Immigration Law for California on
Q: My mom is under domestic violence cause my dad used to abuse her and she is in citizenship process and I'm 17 but my

Girlfriend is pregnant and lived in new Mexico while I am in California.can I move to new Mexico and continue my citizenship process without it affecting my mother ?

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Jan 10, 2020

Dear Future Dad,

I don't understand the question. If you like you can schedule a telephonic consultation with us in order to understand your concerns and better guide you.

Sincerely,

Patricia C. Wall, Esq.

Immigration Attorney

2 Answers | Asked in Immigration Law for California on
Q: I'm 17 and my girlfriend is pregnant..but I'm currently waiting for my citizenship..I live in California and am wonderin

If I'm able to move to new Mexico and still hold my citizenship process

Amanda B Cook
Amanda B Cook answered on Jan 9, 2020

New Mexico? As in, the US state New Mexico? Then yes, you can live in New Mexico while your N-400 processes. Make sure to update your address with USCIS so that you don't miss important notices, and keep up with your case status by frequently checking it online.

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1 Answer | Asked in Immigration Law for California on
Q: My now ex-husband obtained his green card by marriage.....paperwork question

We married in 1997 and were married for over 10 years and have been divorced for 11 years, how long should I or do I have to keep the mountain of paperwork we received throughout the green card process? He now lives out of state but I still have all of the paperwork, can I shred it? Or should he... Read more »

Laurel Deborah Scott
Laurel Deborah Scott answered on Jan 7, 2020

The government has a copy in what's call an "alien file". If your husband ever needs a copy, he can request it from the government through a FOIA request (Freedom of Information Act). If the file was for you, I would tell you to hang on to it. But since it's for your ex, you can either give it... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Is using the Federal subsidy Advance Premium Tax Credit to help with insurance cost be considered being a public charge?

Will using the Federal subsidy Advance Premium Tax Credit to help with my family's health insurance affect my future path to citizenship due to the new rules set by the president in regards to public charge (government aid)?

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

No.

1 Answer | Asked in Immigration Law for California on
Q: Where I can find a good attorney to help him? To no cost to much $$$
Kevin L Dixler
Kevin L Dixler answered on Dec 31, 2019

It depends upon what must be done and the time involved. It’s unclear whether all that you need is an appointment which is not going to cost that much.

If you know that violated the law when you entered or or overstayed, then this challenge should have been planned for at that time. You...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: Process for cancelling a visa / green card application

Good afternoon

My ex husband lives in California and became a US citizen about 3 years ago. My 16 year old son moved from the UK to the US to live with his Father in August 2019. My ex husband has put in an application for my son to become a US citizen and receive his Green Card.... Read more »

Kevin L Dixler
Kevin L Dixler answered on Dec 27, 2019

This is a bit more complicated than both you and your husband make it. Your son must first seek lawful permanent resident status. There seem to be loose ends to such an effort. It’s also unclear if this status will convert into citizenship by derivation.

That said, if your son departs...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: I got married after the N400 interview but before oath ceremony

I am due for oath ceremony next week. However, i am a bit nervouse because I got married outside US and travelled outside the country for a month after the N400 interview. Will these 2 thing cause an issue at oath ceremony?

Svetlana Kats
Svetlana Kats answered on Dec 10, 2019

Don't be nervous, your travel and marriage should not affect your oath ceremony, just disclose it truthfully on the application form that you should fill out before your ceremony. Congratulation on your upcoming naturalization!

1 Answer | Asked in Immigration Law for California on
Q: My wife entered the country with a tourist visa when she was 14 and overstayed. (Please read below for more details)

She went to high school/college and all in the states. I married her last year (us citizen) and had a few questions on the options we have on changing her status. I’m aware I can sponsor her as a relative but the confusion I have is that she has overstayed multiple times. Although Each time she... Read more »

Amanda B Cook
Amanda B Cook answered on Nov 25, 2019

You need to create a complete timeline of every entry and exit. Then you need to gather all of the old passports she still has in her possession. Take the timeline and the passports to an immigration attorney for a consultation. I highly recommend you have an actual attorney review these documents... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Who do I have to inform if I get married in the UK but I live in USA (DV Green Card holder)?

I am a DV Green Card holder (since July 2018) and I am getting married to my Indian fiance in Jan 2020 in London, UK. Who do I have to inform in the USA that I have gotten married?

Amanda B Cook
Amanda B Cook answered on Nov 20, 2019

The facts that you have given beg more questions. Are you planning on living with your spouse in the UK? You could be in danger of abandoning your residency. You really need to speak with an experienced immigration attorney who can ask you the appropriate questions to make sure that what you're... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Can non-citizen open a dance studio or a cafe in US without working authorization?

or how to obtain a working authorization for self-employed business?

I am on F1 right now and my fiance wants to open a dance studio

Kevin L Dixler
Kevin L Dixler answered on Nov 19, 2019

It is a violation of immigration law to live and work on a non-immigrant student visa without work authorization in the forms allowed. Speak with your International Student Official at the school. If confused, seek an appointment with a competent and experienced immigration attorney before there... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I recently got my green card through EB2-NIW. Can I accept part time jobs while keeping my full-time I-140 employment?

I got my NIW green card. I have been a postdoc for 2 years doing research full time. I am planning to keep doing my postdoc and would like to do some part time jobs. Is it going to be okay? I am asking this because it is recommend that the applicant does not change his/her job for at least 3 months... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 18, 2019

If you are not leaving the employer through whom you got the green card, that shouldn’t be an issue.

1 Answer | Asked in Immigration Law for California on
Q: Hello,  I'm a conditional green card holder and unfortunately I have recently been involved in a petty theft crime

My green card along with other personal items were in my wallet at the time of the theft. The issue is that my green card expires in March of 2020 and I'm not sure if I can use the I-90 form in my case. 

What can I do to move forward?

Hector E. Quiroga
Hector E. Quiroga answered on Nov 18, 2019

You are almost to the 90-day window for filing the I-751.

You can file the I-90 based on lost/stolen card, but you will be able to, probably a month later, file the I-751. Depending on your circumstances, you might want to just wait.

2 Answers | Asked in Immigration Law for California on
Q: Hi My Ead clock stopped 15 day after that not running what is the reason ?

Hi My Ead clock stopped 15 day after that not running what is the reason ?

My clock stopped in may 2018 but now I already went in court November 2019 for my master hearing but now also my clock stopped not running same 15 days.. and my individual date in June 2020 

Now what I do... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Nov 15, 2019

Dear Asylum Applicant,

I am sorry to hear about your asylum clock issue. If you believe that your asylum clock was stopped in error you should contact the court administrator where your removal proceedings are pending and inquired about the issue. They will be able to tell you what's the...
Read more »

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1 Answer | Asked in Immigration Law for California on
Q: Will my unmarried daughter be able to travel with me when the priority date becomes current?

My sister is a US Citizen. She sponsored me for the I-130 F4 immigration visa Category. My daughter was 14 years of age at the time and therefore was a derivative of myself. She is currently 26 years of age and my priority date is soon to be current. The I-130 application was filed on December 2007... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 12, 2019

Under the Child Status Protection Act (CSPA) it would appear that your daughter will have aged out and not be able to benefit from your sister's petition. The calculation works as follows:

Take the child's age at the time that the Immigrant Visa becomes available (meaning the priority...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: Can beneficiary be a pending asylum applicant on I 130 ?
Carl Shusterman
Carl Shusterman answered on Nov 3, 2019

Yes, a spouse or other relative may sponsor the asylum applicant by filing form I-130. Please see

https://www.shusterman.com/greencardsthroughmarriage/

https://www.shusterman.com/greencardsthroughrelatives/

https://www.youtube.com/watch?v=Kf97TFtMUdA...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: My son is under DACA since the program comes in effect. He fell in love and married his girlfriend who is a US citizen .

He fell in love and married his girlfriend in January 2019. In March he filled out and sent an application for change of status. He send with the documents all the corresponding payments. Until this day he has not received any response. He called the immigration offices and they have told him... Read more »

Kevin L Dixler
Kevin L Dixler answered on Oct 13, 2019

Immigration law and the process is a complicated system. Many are disqualified and denied as a matter of law. Some forms are lost without additional forms, such as a G-1145 to try to secure proof of receipt. However, there are other means to track down files.

As a result, I strongly...
Read more »

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