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California Immigration Law Questions & Answers
1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: DUI & Immigration Help Needed

I’m a non-U.S. citizen on a B1/B2 Business/Personal Visa seeking legal help from an attorney with experience in DUI defense and immigration matters.

Case Details:

Location: Santa Clarita, CA

Date: 12/7

Situation: Pulled over at 2 a.m. for speeding and swerving. I... View More

James L. Arrasmith
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answered on Dec 15, 2024

This situation requires immediate attention from both a criminal defense attorney and an immigration lawyer, as DUI charges can seriously impact your immigration status and future Green Card application.

Given the complex interplay between criminal and immigration law, you should seek legal...
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1 Answer | Asked in Immigration Law for California on
Q: H4 vs GC EAD

I currently work using my H4 EAD. If I switch to my GC EAD can I keep my H4 visa as well? Can I re-enter US using my valid H4 visa?

James L. Arrasmith
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answered on Dec 13, 2024

While you can maintain both your H4 visa status and GC EAD (Employment Authorization Document), once you start using your GC EAD for employment, you effectively abandon your H4 status. This means you cannot switch back to H4 EAD for work authorization.

Regarding re-entry to the US, even if...
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1 Answer | Asked in Immigration Law for California on
Q: Residency and Travel Requirements for Granted Asylees

I am a granted asylee currently residing in the California. I have a couple of questions regarding my eligibility for adjusting to permanent resident status under the one-year residency requirement, as well as travel within U.S. territories.

Can I fulfill the one-year residency requirement... View More

James L. Arrasmith
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answered on Dec 9, 2024

Your questions touch on important aspects of asylee residency requirements and travel within U.S. territories.

To adjust your status to permanent resident, you must maintain continuous physical presence in the United States for one year after being granted asylum. While the Northern...
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1 Answer | Asked in Immigration Law for California on
Q: My friend at detention center want a gurantor is it safe for me
James L. Arrasmith
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answered on Dec 5, 2024

Becoming a guarantor for your friend in a detention center involves taking on certain responsibilities. You may need to provide financial support or ensure they comply with specific conditions set by immigration authorities. It's important to understand the extent of these obligations before... View More

2 Answers | Asked in Immigration Law for California on
Q: Need minimal help with E2 visa extention
Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Dec 5, 2024

You should contact a licensed attorney and speak with them regarding your specific extension question.

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2 Answers | Asked in Immigration Law for California on
Q: Green card sponsor hasn't met minimum income. Should we get cosponsor or increase tax return payment?

My husband who's my sponsor and or baby's sponsor made 60k in 2021, 2022, but in 2023 he made just 10k in the US. In Mexico he has a much higher income (100k), and he can prove that but he doesn't have to pay taxes in the US for that.

He hasn't filed his 2023 taxes yet... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Dec 2, 2024

If your husband does not meet the necessary requirements, the best option is to get a joint sponsor. You want to ensure that all of the documents are correctly prepared and reflect the correct information and numbers to ensure that you do not have any further additional problems.

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1 Answer | Asked in Employment Law and Immigration Law for California on
Q: Can an OPT student work as contractor for a company?
James L. Arrasmith
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answered on Dec 2, 2024

Yes, students on OPT (Optional Practical Training) can work as contractors for companies, but there are important guidelines you need to follow.

During your OPT period, you can engage in self-employed contractor work as long as the work directly relates to your field of study. You'll...
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2 Answers | Asked in Immigration Law for California on
Q: Can you apply for your CR1 (i-130) whilst you are still in the US (but not for AOS)?

Getting married to a USC and BC (British Citizen) myself in the US whilst on ESTA, will continue to be in US for 3 weeks afterwards before returning to the UK. Can we start the application as soon as we are married when I am still in the US, or wait till I am back in the UK?

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Dec 1, 2024

Yes, you are able to file an I-130 petition for alien relative while in the United State on ESTA and thereafter decided on how you wish to proceed with the remainder of the case, if that would be through the standard consular processing route.

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3 Answers | Asked in DUI / DWI and Immigration Law for California on
Q: Getting my 1st DUI conviction changed to reckless driving for immigration purposes?

I have completed all my court related requirements.

Marc David Pelta
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Marc David Pelta
answered on Nov 28, 2024

I doubt you can accomplish this. However, you should consult with an experienced criminal defense lawyer to explore your remedies under California law. It is important you mention to the lawyer what your goal is.

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1 Answer | Asked in Immigration Law for California on
Q: Should I file green card for my baby who didn't file CRBA? We're in the US passed her I94.Can I wait 10 months for CRBA?

My Husband in a US citizen, I'm french and my daughter was born in France, she's 10 months. We traveled here on an ESTA and decided to stay. We didn't file her CRBA, and cannot go back to France because I need to file my green card.

We are pased our I94. Should we file a... View More

James L. Arrasmith
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answered on Nov 25, 2024

You should file Form I-485 (Adjustment of Status) for your daughter right away, as waiting could create serious immigration complications. Since she entered legally on ESTA and is the child of a U.S. citizen, she qualifies to adjust status despite the overstay.

While getting her CRBA...
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2 Answers | Asked in Immigration Law for California on
Q: Wife has a green card for 26years . How easy or difficult is it for her to get citizenship

She might have a complaint on her police record from her x husband claiming something totally ridiculous but it is there.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 24, 2024

Get a copy of her police record and work with an immigration attorney to assess if it would not be a problem for her US Citizenship application

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1 Answer | Asked in Immigration Law for California on
Q: My l2,I 539 is pending. May I 94 expires on Jan 5,2025. Can I continue my work if I don’t get approval by Jan 5th

My spouse l1 I 129 is approved. Both of us applied in premium.

James L. Arrasmith
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answered on Nov 21, 2024

Under U.S. immigration law, you can continue working for up to 240 days beyond your I-94 expiration date (January 5, 2025) while your I-539 extension is pending, as long as you filed the extension before your current L-2 status expired.

This protection falls under the "automatic...
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1 Answer | Asked in Immigration Law for California on
Q: Can I travel while my work visa is being processed?

I am currently on a F1-stem opt visa that is valid until 2026. However, my work visa is being processed or expedited. Can I still travel to another country for the holidays?

James L. Arrasmith
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answered on Nov 15, 2024

Traveling while your visa is being processed requires careful consideration to avoid complications with your immigration status.

Your F1-STEM OPT status remains valid until 2026, which typically allows for international travel. However, if you have a pending change of status application...
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1 Answer | Asked in Immigration Law, Business Formation and Business Law for California on
Q: LLC Registration with a foreign Co-Founder

I am an Iranian citizen living in Iran, and I want to start a US-based LLC with my colleague, a US citizen who lives in California. I will work remotely as a marketing specialist, and all business activities will be with US clients only, with no connections to Iran.

My colleague would... View More

James L. Arrasmith
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answered on Nov 15, 2024

Due to current U.S. sanctions on Iran, forming an LLC with an Iranian citizen faces significant legal challenges. The Office of Foreign Assets Control (OFAC) maintains comprehensive restrictions on business dealings with Iran and Iranian nationals.

You would need to obtain specific...
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1 Answer | Asked in Immigration Law for California on
Q: Will the Convictions + the Visit hurt my chances of approval for Permanent Residency?

I am looking to applying for permanent residency through the EB2 National Interest Waiver path. I am looking to immigrate to the United States. The only problem i have is that I have a conviction history. I have 1 Conviction when i was a juvenile (preteen) that was a public order offence (not a... View More

James L. Arrasmith
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answered on Nov 15, 2024

Your juvenile conviction and the railway violations should be fully disclosed on your DS-260 form, as honesty is crucial in immigration matters. The fact that you were granted entry through the Visa Waiver Program is positive, suggesting these issues weren't considered serious barriers to... View More

1 Answer | Asked in Immigration Law for California on
Q: How can I immigrate to Canada?

Mexican national willing to immigrate to Canada, presently living in US. Any specific qualifications needed or what steps to take?

James L. Arrasmith
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answered on Nov 15, 2024

Moving to Canada from the US as a Mexican national involves several potential pathways, with Express Entry being one of the most common routes. This system evaluates factors like your age, education, work experience, and language skills in English and/or French.

You'll need to start by...
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1 Answer | Asked in Immigration Law for California on
Q: Hello, I need a help for applying asylum.

Hello,

I came here with a B2 visa and married to my boyfriend with an F1 visa here in California.

He won 2025DV and he is waiting for his bulletin to adjust the status.

For me, my visa will be end in mid Dec and denied for TPS because of late arrival ( TPS is approved for... View More

James L. Arrasmith
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answered on Nov 14, 2024

Your situation requires careful consideration given the multiple immigration statuses involved.

When applying for asylum, you can include your spouse on your application if you wish, but it's not mandatory. Given that your husband has an F1 visa and is waiting for DV lottery...
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1 Answer | Asked in Immigration Law and Gov & Administrative Law for California on
Q: What’s the best way to follow up on my expedite request with USCIS if no response?

I am 75 years old and filed an I-130 petition for my adult child. My health has declined, and I recently submitted an expedite request based on medical grounds. My husband, who is also elderly, lives in a nursing home and requires specific care. I am now on insulin injections and have osteoporosis,... View More

James L. Arrasmith
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answered on Nov 14, 2024

After submitting an expedite request with USCIS, you can follow up by calling the USCIS Contact Center (800-375-5283) to check its status after 15 business days. Given your documented health conditions and your husband's situation, these compelling circumstances align well with USCIS's... View More

1 Answer | Asked in Immigration Law for California on
Q: overstayed i94 by around 179 days. How shall I indicate it correctly on i485?

4 years ago, my company-petitioner an L-1A extension on my behalf, which was denied later that year. The company then filed a new L-1A petition to address the denial issues, but it was also denied after about 5 months of USCIS processing. I departed the U.S. less than 180 days after the initial... View More

James L. Arrasmith
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answered on Nov 14, 2024

You should absolutely mark "Yes" on your I-485 regarding the violation of non-immigrant status and provide a clear explanation of the circumstances. Even though your overstay was less than 180 days and you've since maintained valid status with your O-1 and subsequent visas, it's... View More

Q: How to work email legitimate

I have this girl with the owner whom my ex said she's a part of it . They change everything they steal my phone , to get t as g on to radio walkie t as like I try to find it but it's in area of somebody else . They stolen my father's research title we took him off the chair we baught... View More

James L. Arrasmith
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answered on Nov 14, 2024

This situation sounds very concerning and appears to involve several serious legal issues including identity theft, fraud, and potential misuse of university resources. You should document everything thoroughly and gather any evidence you have of these incidents.

Your first step should be...
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