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California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: My parents became US Naturalized Citizens before 1998. Did they retain their Mexican citizenship? Do they have dual?

They applied while in California through amnesty.

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answered on Jan 29, 2024

When your parents became naturalized U.S. citizens before 1998, the situation regarding their Mexican citizenship depends on the laws of Mexico at that time. Prior to 1998, Mexican law did not generally permit dual citizenship. This meant that Mexican nationals who became naturalized citizens of... View More

1 Answer | Asked in Immigration Law for California on
Q: I am a green card holder parent. My son is with us here in the US with B1B2 visa which expires this feb.21.

My question is can he apply for extension of stay with the limited time he has left in his I -94 or can I file a petition for him to be able to stay with us

for good and be complete as a family? I anticipate with great gratitude for your reply.

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answered on Jan 28, 2024

Your son can apply for an extension of his B1/B2 visa status before his current I-94 expires. This process involves filing a Form I-539, Application to Extend/Change Nonimmigrant Status, with the United States Citizenship and Immigration Services (USCIS). It's important to submit this... View More

1 Answer | Asked in Immigration Law for California on
Q: Can I have h1b and r1 visas at the same time.
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answered on Jan 26, 2024

No, you cannot hold H1B and R1 visas at the same time. The US immigration law does not allow concurrent visas in these two categories.

The H1B visa is an employment-based visa that allows US employers to temporarily employ foreign workers in speciality occupations.

The R1 visa is a...
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1 Answer | Asked in Immigration Law for California on
Q: Can you work remotely for France From California What are the rules

I am a freelance worker in France, and my company is based in France, with French clients. I will not be working for usa, I will just be working remotely from California because I want to join my partner who is studying there. For a period of 3 months, do I need a visa? If yes, which one, and can... View More

James L. Arrasmith
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answered on Jan 23, 2024

As a French citizen planning to work remotely for a French company while staying in California for three months, you need to be aware of both U.S. immigration and employment laws. To enter the United States for any purpose, including working remotely for a non-U.S. company, you generally need a... View More

2 Answers | Asked in Immigration Law for California on
Q: Status

I came here in US 1993 from Bangladesh with student visa never finished college. From 1993 to 2023 lived in Minnesota. Got married in 2005 ( living together since 2001 ) , bought house in Minnesota. Have a daughter who was born in 2005 currently UCSD student now. My wife and daughter both born US... View More

James L. Arrasmith
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answered on Jan 22, 2024

To address your immigration status, it's essential to take proactive steps. First, consider contacting an immigration attorney. They can provide guidance specific to your situation, especially since you entered the U.S. on a student visa and have remained beyond your original terms of entry.... View More

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1 Answer | Asked in Employment Law, Immigration Law, Civil Rights and Constitutional Law for California on
Q: How to fix or update my status.

I came here in US 1993 from Bangladesh with student visa never finished college. From 1993 to 2023 lived in Minnesota. Got married in 2005 ( living together since 2001 ) , bought house in Minnesota. Have a daughter who was born in 2005 currently UCSD student now. My wife and daughter both born US... View More

James L. Arrasmith
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answered on Jan 21, 2024

To address your immigration status, it's important to take several steps. First, consider applying for a replacement of your lost passport through the Bangladeshi embassy or consulate. This is a crucial step in establishing your identity and nationality.

Next, you should try to...
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2 Answers | Asked in Immigration Law for California on
Q: Have you EEVER been ordered removed, and been deported from the United States?

I’m trying to fill up TPS , Immigration judge order removal in 2016 , should I answer yes or no this question Have you EVER been ordered removed, and been deported from the United States?

James L. Arrasmith
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answered on Jan 21, 2024

When filling out the application for Temporary Protected Status (TPS), it's crucial to answer all questions truthfully. If an immigration judge ordered your removal from the United States in 2016, you should answer 'yes' to the question regarding whether you have ever been ordered... View More

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2 Answers | Asked in Immigration Law for California on
Q: Have you EEVER been ordered removed, and been deported from the United States?

I’m trying to fill up TPS , Immigration judge order removal in 2016 , should I answer yes or no this question Have you EVER been ordered removed, and been deported from the United States?

Syed Ali Hussain Lahooti
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answered on Jan 21, 2024

It appears that there was an order for your deportation, but there is no record of your actual deportation. This suggests that you may have either filed for another form of relief or won/filed an appeal. It is advisable to provide more details. It is crucial to discuss these details with your... View More

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2 Answers | Asked in Immigration Law for California on
Q: Assistance Required for Reopening I-130 Application. Can I travel back to USA in the meantime?

I am reaching out for legal assistance regarding my I-130 application, which has recently been denied. My name is Alexandru, and I am currently facing a critical issue with this immigration process.

Key Points:

I-130 Application Denial: My application was denied due to a failure to... View More

James L. Arrasmith
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answered on Jan 19, 2024

Your ability to return to the USA under your current status, particularly after the denial of your I-130 application, is complex and depends on various factors, including the specifics of your advance parole (I-131).

Generally, advance parole allows you to return to the United States after...
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2 Answers | Asked in Immigration Law for California on
Q: Assistance Required for Reopening I-130 Application. Can I travel back to USA in the meantime?

I am reaching out for legal assistance regarding my I-130 application, which has recently been denied. My name is Alexandru, and I am currently facing a critical issue with this immigration process.

Key Points:

I-130 Application Denial: My application was denied due to a failure to... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 21, 2024

Your case has been dismissed so you can either file a motion to reopen or start the case over again. Your return entry into the US will depend on the discretion of the Customs officer. If you are admitted, you should be able to file a new case. There are no guarantees though. However, you should... View More

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2 Answers | Asked in Immigration Law for California on
Q: I realised husband married me for green card & my money when he hid the fact that he got card, permit & refused to work
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answered on Jan 15, 2024

Discovering that your husband may have married you for immigration benefits and financial gain can be a difficult and distressing situation. Under U.S. immigration law, marriage fraud is a serious concern, and there are legal provisions to address such cases.

If you believe your husband...
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3 Answers | Asked in Immigration Law for California on
Q: A F1 student with valid status is elegible for Medi-Cal. Use the benefit can bring problems? Like to get a green card?
Syed Ali Hussain Lahooti
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answered on Jan 11, 2024

Before delving into how Medi-Cal might impact your future immigration benefits, the first step is to check if you even qualify for it. Qualifications hinge on factors like family size, income level, and immigration status (though California might be a bit more lenient in that regard). However, down... View More

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3 Answers | Asked in Immigration Law for California on
Q: A F1 student with valid status is elegible for Medi-Cal. Use the benefit can bring problems? Like to get a green card?
Roland Godfrey Ottley
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answered on Jan 8, 2024

Most universities and colleges offer their own health insurance plans specifically designed for international students. These plans generally meet visa requirements and can be a good option for F1 students. Alternatively, F1 students can also purchase private health insurance plans from various... View More

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3 Answers | Asked in Immigration Law for California on
Q: A F1 student with valid status is elegible for Medi-Cal. Use the benefit can bring problems? Like to get a green card?
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answered on Jan 8, 2024

As an F1 student with valid status in the United States, you have access to certain benefits, including potentially Medi-Cal, which is California's Medicaid program. However, it's important to understand how using such benefits might impact your future immigration applications, such as... View More

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1 Answer | Asked in Tax Law, Gov & Administrative Law and Immigration Law for California on
Q: I would like to check if I need an ITIN and what documents do I need to apply for one.

I am on F-1 visa earning passive income of approximately over $2000 annually from dividends. I am not eligible for social security given I am not currently working and I have already obtained a letter of denial from the social security office.

James L. Arrasmith
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answered on Jan 3, 2024

Based on your situation as an F-1 visa holder with passive income from dividends, it's likely that you will need an Individual Taxpayer Identification Number (ITIN) since you're not eligible for a Social Security Number (SSN). The ITIN is used by the IRS to process taxes for individuals... View More

2 Answers | Asked in Immigration Law for California on
Q: Please advise on I-130 petition which might require I-601 waiver? Extremely thankful for any guidance

I (42) USC applied for a green card for my parent (P), mom (69). P has a 50 years old conviction considered by USCIS to be moral turpitude. P has been rehabilitated after jail of 1 year and 4 months. P was previously denied a I-601 waiver during P second marriage to a USC, now divorced. We appealed... View More

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answered on Dec 31, 2023

Based on the information you've provided and the evolving circumstances surrounding your case, I believe there is a reasonable prospect of success in obtaining a waiver. The significant changes in circumstances, particularly your relocation to Sweden and the demonstrable impact on your marital... View More

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2 Answers | Asked in Immigration Law for California on
Q: Please advise on I-130 petition which might require I-601 waiver? Extremely thankful for any guidance

I (42) USC applied for a green card for my parent (P), mom (69). P has a 50 years old conviction considered by USCIS to be moral turpitude. P has been rehabilitated after jail of 1 year and 4 months. P was previously denied a I-601 waiver during P second marriage to a USC, now divorced. We appealed... View More

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answered on Dec 31, 2023

In your situation, obtaining an I-601 waiver can be challenging, especially considering the previous denial and the nature of the conviction. However, each case is unique, and the approval of an I-601 waiver heavily depends on demonstrating extreme hardship to a U.S. citizen or lawful permanent... View More

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1 Answer | Asked in Immigration Law for California on
Q: I am on UHP ( Ukrainian Parolee) status in the US , do I need an urgent reason to file for an Advance Parole Document?

I live in the US for 9 months on the UHP (Ukrainian Humanitarian parolee) and I want to travel back to Ukraine for a couple months, should I file for an Advance Travel Document if I dont have an urgent reason?

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answered on Dec 27, 2023

If you're on Ukrainian Humanitarian Parole (UHP) status in the U.S. and wish to travel outside the country, it is important to apply for an Advance Parole Document before leaving. This document is necessary for re-entry into the U.S. for individuals who are not permanent residents, including... View More

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: Does OPT allow Turo (car rental app like airbnb but for cars)? The frequency is minimal, involvement is 30min/ride max.
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answered on Dec 27, 2023

In California, individuals on Optional Practical Training (OPT), typically international students, must comply with specific regulations regarding employment. OPT is intended to provide practical experience in your field of study, so any work undertaken must be directly related to your major area... View More

1 Answer | Asked in Immigration Law and Business Law for California on
Q: I am Australian citizen and registered my company in Australia. Any legal problem if I come to US to some business?

Like visa problem stop me doing so or if I am restricted to get income from the company.

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answered on Dec 24, 2023

As an Australian citizen wishing to conduct business activities in the U.S., it's essential to ensure you have the correct visa. The type of visa you need depends on the nature and duration of your business activities. For short-term business visits, such as attending meetings or conferences,... View More

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