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California Immigration Law Questions & Answers
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

James L. Arrasmith
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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?

James L. Arrasmith
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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?

James L. Arrasmith
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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?

James L. Arrasmith
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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?

James L. Arrasmith
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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

James L. Arrasmith
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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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1 Answer | Asked in Immigration Law for California on
Q: What are my options if my o1 expires?

I'm a startup founder on O1, which got expired on 03/23. My lawyer confused it with my cofounder( my brother, same middle, last name). And he's expires in 03/24. The plan was to get us on GC through our O1. What are my options now? I'm already on my way back home.

James L. Arrasmith
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answered on Nov 21, 2023

In your situation, it's important to address the expired O-1 visa promptly. Given that you are already on your way back to your home country, you may consider applying for a new O-1 visa from there. This process involves submitting a new petition and demonstrating your extraordinary abilities... View More

1 Answer | Asked in Divorce, Family Law and Immigration Law for California on
Q: Can I go back to my home country after filing for divorce?

I am an immigrant and I plan to go back to my country after divorcing my spouse. We will have a default divorce with agreement and I will be the petitioner. As soon as I file everything with the court, can I move back to my home country after and just wait for the judgment from there?

James L. Arrasmith
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answered on Nov 15, 2023

Under California law, you can generally return to your home country after filing for divorce, especially in a default divorce with agreement where you are the petitioner. However, it's crucial to ensure that all necessary documents are filed correctly and that you have made arrangements to... View More

1 Answer | Asked in Immigration Law for California on
Q: assisting my elderly mother in filing her I90 green card renewal

Her card's ten year expiration just passed and I'm helping her file the online USCIS form. Should I be using my name for both the preparer and translator? or would you advise to see a lawyer to do the filing?

James L. Arrasmith
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answered on Nov 14, 2023

If you are assisting your mother with her Form I-90 for green card renewal and are fluent in English and any other language used in the process, you can act as both the preparer and translator. On the form, there are sections to indicate that you assisted in the preparation. It's important to... View More

3 Answers | Asked in Divorce, Family Law, Immigration Law and Child Custody for California on
Q: My daughter wants to get a divorce from her husband his been emotionally, verbal, and mentally abusive to her.

they been married for a 1 year, and he just got a green card couple of months ago.

James L. Arrasmith
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answered on Nov 14, 2023

In California, your daughter has the right to file for divorce regardless of the duration of her marriage or her husband's immigration status. She can initiate the process by filing a Petition for Dissolution of Marriage in the county where she resides. California is a no-fault divorce state,... View More

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3 Answers | Asked in Divorce, Family Law, Immigration Law and Child Custody for California on
Q: My daughter wants to get a divorce from her husband his been emotionally, verbal, and mentally abusive to her.

they been married for a 1 year, and he just got a green card couple of months ago.

T. Augustus Claus
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answered on Nov 14, 2023

Your daughter can definitely file for divorce from her husband, even though they've only been married for a year. Emotional, verbal, and mental abuse are all grounds for divorce in California.

As for her husband's green card, it's important to note that getting a divorce does...
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1 Answer | Asked in Immigration Law for California on
Q: Is there a form to withdraw sponsorship for U4U who has not entered the US?
James L. Arrasmith
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answered on Nov 13, 2023

If you wish to withdraw sponsorship for a U4U (Uniting for Ukraine) beneficiary who has not yet entered the United States, you should notify the United States Citizenship and Immigration Services (USCIS) in writing.

There is no specific form for this purpose.

Your letter should...
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3 Answers | Asked in Immigration Law for California on
Q: I have a question about becoming a citizen U.S.

Hi, I have been a U.S permanent resident for 30 years and have a clean record both driving and criminal. But before I was 18 years old I made a trip to Mexico with some friends and on the way back we were detained for having some marijuana. This happened in Arizona. I went back to court twice... View More

Ms Grace I Gardiner
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answered on Nov 13, 2023

Yes you can still become a us citizen. You have to get a certified copy of your case including the arrest and court disposition, if your record was expunged or sealed you still need a certified letter from the court, in addition because the charge accrued before your 18th birthday it will not be... View More

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3 Answers | Asked in Immigration Law for California on
Q: I have a question about becoming a citizen U.S.

Hi, I have been a U.S permanent resident for 30 years and have a clean record both driving and criminal. But before I was 18 years old I made a trip to Mexico with some friends and on the way back we were detained for having some marijuana. This happened in Arizona. I went back to court twice... View More

James L. Arrasmith
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answered on Nov 13, 2023

Given your long-term permanent residency and clean record as an adult, you have a good foundation for applying. However, your juvenile record, particularly the incident involving marijuana in Arizona, could be scrutinized. It's advisable to gather all documents related to this incident,... View More

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3 Answers | Asked in Immigration Law for California on
Q: I have a question about becoming a citizen U.S.

Hi, I have been a U.S permanent resident for 30 years and have a clean record both driving and criminal. But before I was 18 years old I made a trip to Mexico with some friends and on the way back we were detained for having some marijuana. This happened in Arizona. I went back to court twice... View More

T. Augustus Claus
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answered on Nov 13, 2023

Yes, you may still be eligible to become a U.S. citizen despite your past marijuana conviction. The good news is that you were not convicted of a crime, but were instead placed on probation. This means that you should not be barred from citizenship based on your past marijuana use.

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2 Answers | Asked in Immigration Law for California on
Q: American Citizen married an illegal immigrant 13yrs ago. has criminal record when younger. can he apply for citizenship?

came with Parents when he was 4-5 yrs old travel visas. been arrested when he was teenager. Married his wife 2010, has children. Wife and kids are citizens, he is not. been overstay since 1980s. seeking legal assistance to apply for permanent residence and possible citizenship. fear of possible... View More

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answered on Nov 12, 2023

Based on the information provided, it may be challenging for the American citizen with a criminal record who married an illegal immigrant 13 years ago to apply for citizenship. The overstay since the 1980s and past arrest as a teenager could pose obstacles to obtaining permanent residence. However,... View More

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1 Answer | Asked in Immigration Law for California on
Q: Do I qualify for U visa if I have a restarting order against my ex for domestic violence?

I had consulted with an attorney and was told that I would not qualify because I did not press charges. I currently have an active DVRO for 3 years.

James L. Arrasmith
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answered on Nov 11, 2023

In California, obtaining a U visa, which is designed 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 activity, requires more than just having a restraining order.... View More

1 Answer | Asked in Immigration Law for California on
Q: My Mom's B2 visa rejected twice with 214b

Hi there. My mom recently attended a B2 (visitor visa) interview and received a rejection with a 214b slip. This is her second rejection. The first rejection was in 2017, and she was rejected again a few weeks back. In both cases, while filling out the DS-160, I mentioned that I am her sponsor for... View More

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answered on Nov 9, 2023

In addressing a 214(b) visa denial, it is crucial to demonstrate strong ties to one's home country. For your mother's DS-160 form, accurately reflecting her engagement in her home country—such as her involvement in rental and agricultural businesses, along with community work—can... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for California on
Q: Can my spouse frame me for using her to get a green card?

I have been with my US citizen spouse for 9 years and married for 4 years. I just immigrated to the US earlier this year with a non-conditional green card. The relationship is real and genuine and I never used her for residency. Unfortunately, it is no longer working out and I ultimately want a... View More

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answered on Nov 8, 2023

The validity of a marriage is based on the genuine intent of the parties at the time the marriage was entered into. If your marriage was entered into in good faith and not for the purpose of circumventing immigration laws, your spouse would generally have a difficult time proving otherwise,... View More

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