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California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: Rejection notice for the form submitted with an extra remittance.

I filed I-485, I-765, and I-131 in the month of May, and today I received a rejection notice without a receipt or an alien number stating as below:

***

Recently, you submitted an application for immigration benefits. That form was submitted with an extra remittance that is not... View More

James L. Arrasmith
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answered on Jul 23, 2024

It looks like the rejection notice you received is informing you that your application was submitted with an extra payment that wasn't necessary. This notice means they are returning your payment to you, and you do not need to take any additional steps at this moment. The mention of the G-1450... View More

1 Answer | Asked in Criminal Law and Immigration Law for California on
Q: 11 year old Misdemeanor petty theft reduced to infraction charge. Pleaded No Contest. Can it still be expunged?

After i turned 18, about 11 years ago. I was charged for a misdemeanor for petty theft by my employer for a $30 shirt. we were required to wear an orange shirt but i never owned one coz i didnt like the color. I ended up trying one out in the fitting room and wearing it throughout my shift, and... View More

James L. Arrasmith
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answered on Jul 22, 2024

Yes, you can potentially have your infraction expunged in California. Since it has been over 11 years, and considering you pleaded no contest and paid the fines, you meet some of the basic eligibility requirements for expungement under California law.

Expunging your record can provide...
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3 Answers | Asked in Immigration Law for California on
Q: How do I get my dad a green card? And how much does it cost?

I am from Arizona

Nassim Arzani
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Nassim Arzani
answered on Jul 3, 2024

Obtaining residency in the United States depends on several important factors. Here are some questions to consider:

1. How did your father enter the United States?

2. Does he have any criminal convictions?

3. Does he have any encounters with border patrol?

An...
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3 Answers | Asked in Immigration Law for California on
Q: How do I get my dad a green card? And how much does it cost?

I am from Arizona

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 3, 2024

If Dad entered the United States with permission, he can adjust status if you are a US citizen over the age of 21. He shouldn’t file his adjustment case until 90 days after entry. The entire process can take between eight months minimum to 18 months. Some of us charge a reasonable flat rate fee... View More

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1 Answer | Asked in Immigration Law for California on
Q: I’m an asylee, can I return to my home country and then come back to the US with an H1B or F1 visa?

I became an asylee in March 2022. Applied for AOS in Feb 2024. Still waiting. I’m here alone, no family. I miss my family and I have come to decide that I can no longer wait (it’s already been 4 years) to see my family. I want to be a non immigrant in the US. I do not want to reside... View More

James L. Arrasmith
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answered on Jul 3, 2024

This is a complex situation with potentially serious legal implications. While I can provide some general information, it's crucial that you consult with an experienced immigration attorney before taking any action. Here are some key points to consider:

1. Returning to your home...
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1 Answer | Asked in Immigration Law for California on
Q: Pending asylum

I have a pending asylum case and waiting for my interview

I came to us on b1b2 visa and applied for asylum

Am waiting the interview since 7 months and I know people may wait for years

Is there is a way to speed up my interview

I have kids living out of my home... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand you're in a difficult situation with your pending asylum case and being separated from your children. Here's some general information that may be helpful:

1. Asylum interview timing: Unfortunately, long wait times for asylum interviews are common. The backlog can...
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1 Answer | Asked in Immigration Law for California on
Q: came to US on visa then I apply for asylum I live in California I got my social and work permit Can I bu a gun legally

I came to usa on b1b2 visa

I applied for asylum

I have a hunting license from California

I live in California for more than 6 months

I got my work permit based on pending asylum

I got my social security too

Am I legally allowed to buy a gun

James L. Arrasmith
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answered on Jun 29, 2024

Gun ownership laws for non-citizens are complex and vary by state and immigration status. In general, asylum applicants with pending cases are considered to be in the U.S. under a valid immigration status. However, federal law prohibits most non-citizens from purchasing or possessing firearms, with... View More

1 Answer | Asked in Immigration Law for California on
Q: Am I required to possess a roundtrip ticket when I travel back to my home country as a GC holder?

I plan on going back to my home country for an indefinite period of time. This is why I prefer to have a one-way ticket only first. Will this be an issue with US immigration when I try to leave the US?

James L. Arrasmith
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answered on Jun 25, 2024

To answer this question, I'll provide the key information a Green Card holder should know about traveling abroad for an extended period:

1. Departure from the US:

- You are not required to have a roundtrip ticket when leaving the US as a Green Card holder.

- US...
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1 Answer | Asked in Immigration Law for California on
Q: I got my citizenship 20 years ago and at that time did not right the right D.O.B or city of birth due to family reasons

I was wondering if I can change both my date of birth and city of birth. Due to some family marriage issue , I discovered they were wrong now have all the proof and all the right documentation. I found my old passports , also high school paperwork and many other stuff

James L. Arrasmith
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answered on Jun 23, 2024

This is a complex situation that requires careful consideration. Here's a concise overview of the key points:

1. Changing citizenship information is possible but can be challenging, especially after 20 years.

2. The process typically involves filing Form N-565, Application for...
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1 Answer | Asked in Immigration Law for California on
Q: I got the citizen ship 1995 and had a wrong city of birth and date of birth due to embargo and specific reasons

would like to know if I can change my dob and city of birth and have all the legal documents from schools and universities and my original passport

James L. Arrasmith
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answered on Jun 23, 2024

To address your question about changing your date of birth (DOB) and city of birth on your U.S. citizenship documents:

1. It is possible to request changes to your citizenship documents, but the process can be complex, especially for DOB and place of birth corrections.

2....
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1 Answer | Asked in Immigration Law for California on
Q: change sponsor I-485 (K1 visa)

Hi! I have received I-485 denial (K1 visa) from USCIS because my I-864 was improperly filled. I want to file motion put my sponsor has changed (now is my wife), my previous sponsor lost his job, refuses to sign I-864 and doesn’t return my phone calls and do not reply my text. Can I file motion... View More

James L. Arrasmith
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answered on Jun 22, 2024

This is a complex situation that involves several important considerations. Here's a concise overview of your options:

1. Filing a motion to reopen/reconsider:

- You can potentially file a motion to reopen or reconsider your I-485 case.

- Include the new I-864 with your...
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1 Answer | Asked in Immigration Law for California on
Q: I-485 Denial. Should I file motion or start all over again and file new I-485?

Hi! I have received I-485 denial (K1 visa) from USCIS because my I-864 was improperly filled. I want to file motion put my sponsor has changed (now is my wife), my previous sponsor lost his job, refuses to sign I-864 and doesn’t return my phone calls and do not reply my text. Can I file motion... View More

James L. Arrasmith
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answered on Jun 22, 2024

This is a complex situation that requires careful consideration. Here's a concise overview of your options, along with some important factors to consider:

1. Filing a Motion to Reopen/Reconsider:

- Pros: Potentially faster than filing a new I-485

- Cons: May be rejected...
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2 Answers | Asked in Immigration Law for California on
Q: Hello. Im about to marry someone who is looking to become a citizen on j1. Can she get deported while paperwork in proce
James L. Arrasmith
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answered on Jun 21, 2024

To provide accurate advice on this immigration situation, I would need more details. However, I can offer some general information that may be helpful:

1. J-1 visa status: The J-1 visa is typically for exchange visitors. The rules and requirements can vary depending on the specific J-1...
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1 Answer | Asked in Immigration Law for California on
Q: I-130 question

I currently have I-589 pending, waiting on the MASTER hearing, it will be a year from now.

However, In the meantime, I got married to a U.S. citizen, and we are trying to fill out I-130 so we can apply I-485 to adjust my status. on form I-130, for question # 53: Was the beneficiary EVER in... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, the correct answer to question #53 on Form I-130 "Was the beneficiary EVER in immigration proceedings?" would be YES.

Here's why:

1. You mentioned that you currently have a pending I-589 application. Form I-589 is used to apply for...
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1 Answer | Asked in Immigration Law, Employment Law and Gov & Administrative Law for California on
Q: Any lawyer expirenced in U- Visa??? I faced financial hardship and dipression for more than an year due to uscis error

USCIS made a mistake on my document and neglected to correct it for more than an year, which made me to struggle out of the country for more than a year and a lot of financial hardship. I am planning to apply for the U-visa now under obstruction of Justice ( if applicable)

I had my Senator... View More

James L. Arrasmith
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answered on Jun 13, 2024

I'm sorry to hear about the hardship and challenges you faced due to the USCIS error. The U visa is intended for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal... View More

3 Answers | Asked in Immigration Law for California on
Q: What to do when NO NVC letter after 90 days of I-130 approval and USCIS is unable to provide with petition to NVC?

Our case (I-130) was approved March, 7th. After 90 days I contacted NVC that emailed me letting me know that they contacted USCIS and they could not provide a copy of my petition. I called USCiS they don’t know why. They said they see it’s been approved and waiting to be sent to NVC, and asked... View More

James L. Arrasmith
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answered on Jun 11, 2024

I understand this must be a very frustrating and stressful situation for you and your wife. Here are a few steps you can take to try to resolve the issue and move your case forward:

1. Contact your local congressional representative's office. They have staff dedicated to helping...
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3 Answers | Asked in Immigration Law for California on
Q: What to do when NO NVC letter after 90 days of I-130 approval and USCIS is unable to provide with petition to NVC?

Our case (I-130) was approved March, 7th. After 90 days I contacted NVC that emailed me letting me know that they contacted USCIS and they could not provide a copy of my petition. I called USCiS they don’t know why. They said they see it’s been approved and waiting to be sent to NVC, and asked... View More

Elias  Mendoza
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answered on Jun 10, 2024

When an I-130 petition is approved but there has been no communication from the National Visa Center (NVC) for over 90 days, consider taking these steps:

1. Verify Approval Notice: Confirm that the I-130 approval notice explicitly states that the case was sent to the NVC. This should be...
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3 Answers | Asked in Immigration Law for California on
Q: What to do when NO NVC letter after 90 days of I-130 approval and USCIS is unable to provide with petition to NVC?

Our case (I-130) was approved March, 7th. After 90 days I contacted NVC that emailed me letting me know that they contacted USCIS and they could not provide a copy of my petition. I called USCiS they don’t know why. They said they see it’s been approved and waiting to be sent to NVC, and asked... View More

Elias  Mendoza
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answered on Jun 10, 2024

Second Half of Response:

When dealing with USCIS and running into dead ends, here is a list of actionable items you can do:

1. Ombudsman Request (https://www.dhs.gov/case-assistance)

2. Congressional Inquiry - your local congressman's website has an inquiry portal,...
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1 Answer | Asked in Immigration Law for California on
Q: Can a R1 visa holder with approved i360 and having valid EAD card based on pending i485 can do part time job like Uber?
James L. Arrasmith
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answered on Jun 7, 2024

An R-1 visa holder with an approved I-360 (petition for religious workers) and a valid EAD (Employment Authorization Document) based on a pending I-485 (adjustment of status application) may be eligible to work for any employer in the United States, including part-time jobs like driving for Uber.... View More

Q: My wife submitted a Fraudulent Marriage Certificate, Fake Degrees and misrepresented at the embassy before immigrating.

Since i had found out about her marriage certificate was not the same i signed and had conditions I never was aware of . She was being coached by her sister who is an Advocate in Pakistan they I guess figured out how my wife can have a legal status which was by proving she is a victim of domestic... View More

James L. Arrasmith
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answered on Jun 1, 2024

It sounds like you are dealing with a very complex and challenging situation. If your wife submitted fraudulent documents, including a marriage certificate and fake degrees, and misrepresented facts at the embassy, this is serious and can have significant legal implications. You may want to gather... View More

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