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California Immigration Law Questions & Answers
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.
James L. Arrasmith
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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.

James L. Arrasmith
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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

1 Answer | Asked in Divorce, Family Law and Immigration Law for California on
Q: If i want to ask my spouse to waive i864 obligation durinf divorce, how do i do that?

I saw on this website that this could be done, i want to mnow how. As my wife and i are going through divorce and i am her sponsor, she currently hold a conditional green card and been making threat to my finance

James L. Arrasmith
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answered on Dec 24, 2023

In a divorce scenario where you are the sponsor of your spouse's conditional green card under Form I-864, asking your spouse to waive the support obligation can be challenging. It's important to understand that the obligations under Form I-864 are enforceable by law, and your spouse has... View More

1 Answer | Asked in Social Security and Immigration Law for California on
Q: I’m applying for SSI for my son with legal aid, my parents live with me and are NON-US citizens. Will it affect them?

I have to sign a government form I believe and it’s not guaranteed that they won’t give out my information. I just want to know if their information will be reported to ICE.

James L. Arrasmith
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answered on Dec 22, 2023

When applying for Supplemental Security Income (SSI) for your son, the focus of the application is primarily on the child's needs and your financial situation. The status of other household members, like your non-US citizen parents, is generally not a primary concern for SSI eligibility.... View More

2 Answers | Asked in Immigration Law and International Law for California on
Q: a Woman who is trying to get her husband citizenship after 10 years or marriage… can he get denied if she cheated?

My friend has been married for about 10 years…now, after 10 years she is trying to bring him to california through the immigration process. But during the immigration process, she cheated on him with someone else… can that cause an issue for her husbands ability to get his papers/citizenship?

James L. Arrasmith
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answered on Dec 21, 2023

In the immigration process, the primary consideration for granting citizenship through marriage is the authenticity of the marriage itself. The United States Citizenship and Immigration Services (USCIS) examines whether the marriage was entered into in good faith and not solely for immigration... View More

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1 Answer | Asked in Immigration Law for California on
Q: Would I violate my status by volunteering as a photographer as a hobbyist on OPT?

I am currently studying data science at university and also do photography for my school's football team as a student volunteer. I was wondering if I could continue taking photos for my school after graduating while on OPT. It would be only for fun and I will not recieve any professional... View More

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answered on Dec 19, 2023

Volunteering in activities unrelated to your study field while on Optional Practical Training (OPT) can be a complex issue. OPT is primarily intended for gaining practical experience in your field of study, which in your case is data science.

Photography, if pursued as a hobby and not as a...
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2 Answers | Asked in Immigration Law for California on
Q: What is Fastest visa a greencard holder can file to get her over 21 years old son from the philippines?

She already filed ome for her daughter that is over 21 too. But its taking too long.

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answered on Dec 19, 2023

For a green card holder wanting to bring an over-21-year-old son from the Philippines to the United States, the most commonly used path is the Family Preference Visa, specifically the F2B category. This category is for unmarried sons and daughters (21 years of age and older) of permanent residents.... View More

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2 Answers | Asked in Immigration Law for California on
Q: I am a US citizen and my partner is a swedish citizen. Is it better for us to get married prior to her coming back here
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answered on Dec 13, 2023

The decision to get married before your partner comes back to the United States depends on various factors, particularly related to immigration and your personal circumstances. If your goal is for your partner to reside permanently in the U.S., getting married can be a pathway to obtaining a... View More

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1 Answer | Asked in Immigration Law for California on
Q: I'm currently on a F1 visa and I'm considering applying for an O1 visa. If my O1 visa gets denied, will I lose the F1?
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answered on Dec 11, 2023

If you apply for an O1 visa while on an F1 visa and your O1 application is denied, it does not automatically impact your F1 status. Your F1 visa remains valid as long as you comply with its terms and conditions, which primarily include maintaining your student status.

It's important to...
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1 Answer | Asked in Employment Law and Immigration Law for California on
Q: Can we work with another company while in 60 day WARN period?

My employer company A laid off some of the employees including me and I have 60 day notification period in which I am getting paid. I have another offer to start for company B before the end of the notification period. Is it required for me to notify my employer A before I start with company B.... View More

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answered on Dec 8, 2023

During the 60-day WARN notification period, you can explore and accept employment with another company, such as company B, without the requirement to notify your current employer, company A. However, it is essential to ensure that you fulfill your obligations and responsibilities to company A... View More

1 Answer | Asked in Immigration Law for California on
Q: Good morning, I was convicted of a drug trafficking in 1992. I served 8 months in jail. I currently have a 2-12C wavier.

I would like to know if it is possible to apply for US citizenship ?

James L. Arrasmith
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answered on Dec 5, 2023

Good morning,

Under U.S. immigration regulations, having a criminal record, particularly for an offense like drug trafficking, can significantly impact your eligibility for U.S. citizenship. A conviction for drug trafficking is often considered an aggravated felony, which is a category of...
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1 Answer | Asked in Immigration Law for California on
Q: Can I reenter US if my I-751 is approved while traveling abroad?

Hi, i currently have a pending I-751 and got the extension letter/ receipt notice. I'm planning to travel abroad but curious what happened if my I-751 got approved or if an interview is scheduled while I'm abroad? Can I still return to the US with my expired conditional green card +... View More

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answered on Dec 3, 2023

If your I-751 petition is approved while you are abroad, you should be able to re-enter the United States using your expired conditional green card along with the receipt notice/extension letter. This documentation typically serves as evidence of your continued lawful status while the petition is... View More

1 Answer | Asked in Immigration Law for California on
Q: Is it possible to lawyer an attorney for an EB1A visa while awaiting an individual hearing?

Form 589 filed and work authorization available. Individual hearing after 5 years. I would like to speed up the process. 5 years is a long wait for me. There is a creative portfolio with evidence. I think 5-6 points out of 10 can be approved.

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answered on Dec 2, 2023

Yes, it is possible to engage an attorney for an EB-1A visa while awaiting an individual hearing for your asylum application (Form I-589). Your work authorization and the creative portfolio you mentioned can be beneficial in this process. The EB-1A visa is for individuals with extraordinary ability... View More

1 Answer | Asked in Immigration Law for California on
Q: Ds-260 application, question for grandchildren mom's address?

My granddaughters mom works in another country and she has a contract of five years to work there. She comes back home at least once a year. I think she's only there with a work visa, not a residency of any kind but it's a long term stay. Would her address that I use still be their home... View More

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answered on Dec 2, 2023

In filling out the DS-260 application, it's important to provide accurate and current information. For your granddaughter's mother, who is working abroad on a temporary basis, the appropriate address to list would depend on the nature and duration of her stay in the foreign country.... View More

1 Answer | Asked in Immigration Law for California on
Q: What address do I put for my grandchild in the ds-260 application?

I'm currently filling out my grandchild's application and it needs the address for her mom. She's currently working in another country. Do I put in their home address in their home country or do I give the address of where she's currently staying for her work?

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answered on Dec 2, 2023

In completing the DS-260 application for your grandchild, it's important to provide the most accurate and current information. When it comes to the address of your grandchild's mother, consider the nature of her stay in another country. If her work abroad is temporary and she maintains a... View More

1 Answer | Asked in Immigration Law for California on
Q: What document do I submit on ceac for Federal tax return or transcript if i have no income?

I'm trying to sponsor my son to come the US and I have no income. My son in law will be a joint sponsor though. All his papers have been accepted but I don't know what Documentation I should submit to move forward? Is a letter explaining how my son in law is sponsoring them enough?

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answered on Dec 2, 2023

If you have no income and are sponsoring your son to come to the US, you should still submit your federal tax return or transcript to show your financial situation. Even if you have no income, these documents are necessary to complete the sponsorship process.

Since your son-in-law will be...
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2 Answers | Asked in Immigration Law for California on
Q: Who do I put as my granddaughter's petitioner on ds-260 application?

I'm petitioning my son and he has a daughter accompanying him. I paid for her fee and started her ds-260 application. In there, it's asking who the petitioner is, is it still me?

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answered on Dec 2, 2023

In your situation, as the petitioner for your son on his immigration application, you are also considered the petitioner for his daughter, your granddaughter. When completing the DS-260 application for your granddaughter, you should list yourself as the petitioner. This is because the petition you... View More

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2 Answers | Asked in Immigration Law for California on
Q: Who do I put as my granddaughter's petitioner on ds-260 application?

I'm petitioning my son and he has a daughter accompanying him. I paid for her fee and started her ds-260 application. In there, it's asking who the petitioner is, is it still me?

Roland Godfrey Ottley
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answered on Dec 3, 2023

I will presume that you are a US citizen and care son is single or he is married. Or in the alternative, I will presume that you are a green card holder and your son is not married. In any event, he would also be able to file for your son's daughter who would be granddaughter. No separate... View More

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1 Answer | Asked in Immigration Law for California on
Q: Could my lawyer cancel the first master hearing and do an individual hearing after 5 years?

The lawyer sent a letter from the judge that an individual hearing will take place in 5 years. We haven't filed Form 589 yet and we have 2 weeks left until the first Master Hearing. How is this possible? Did the lawyer do this? Can I file a motion to expedite the individual hearing date?

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answered on Dec 1, 2023

In immigration proceedings, the ability to cancel a first master hearing and schedule an individual hearing in the future, such as after 5 years, largely depends on the specifics of the case and the discretion of the immigration judge. If your lawyer has informed you that an individual hearing is... View More

2 Answers | Asked in Immigration Law for California on
Q: My priority date's current but new employer not filing PERM. What to do?

I joined my current employer in California on H1B in Sep 2023. In Oct 2023, my EB3 priority date got current. I'm India born on EB3 with Apr 2012 PD. My employer's not filing any PERMs since they laid off thousands of workers recently. Assuming my PD stays current for good, am I required... View More

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answered on Nov 30, 2023

If your EB3 priority date is current and your current employer is not filing PERM due to layoffs, it's important to explore alternative options promptly. While you are not required to file the I-485 (Adjustment of Status) immediately upon your priority date becoming current, delaying it might... View More

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