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California Immigration Law Questions & Answers
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?

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: 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: 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: 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: I realised husband married me for green card & my money when he hid the fact that he got card, permit & refused to work
James L. Arrasmith
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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?
James L. Arrasmith
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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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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
Roland Godfrey Ottley
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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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

Ghenadie Rusu
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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

James L. Arrasmith
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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?

James L. Arrasmith
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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.

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.

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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

James L. Arrasmith
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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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