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California Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for California on
Q: How is it possible to get a UK visa if I’m in the US but my dad was born and raised in the UK?

My dad was born and raised in the UK, moved to the US and got US citizenship, I would like more information on how I can obtain a UK visa or Dual Citizenship, I am a United States citizen and born here.

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 7, 2024

So, if your father is a citizen in the United Kingdom, then you can get automatic citizenship based on Dad’s citizenship. My father is from Scotland, so I have personal knowledge regarding this. I would contact the nearest UK Embassy closest to where you live and discuss what you need to do.

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1 Answer | Asked in Immigration Law for California on
Q: Can expedited N-400 application be filed online wi/ only a 551 MRIV with temporary stamp pending green card in the mail?

Can expedited N-400 application be filed online under INA 319(b) with only a 551 MRIV (Machine Readable Immigration Visa) with temporary stamp pending green card in the mail? The reason being is that the process for approval can take up to a year and I would like to see if its possible with the... View More

James L. Arrasmith
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answered on Oct 29, 2024

Filing an expedited N-400 application online under INA 319(b) with only a 551 MRIV and a temporary stamp can be challenging. Typically, expedited processing is reserved for situations involving urgent humanitarian reasons or significant public interest, and having a temporary visa might not meet... View More

1 Answer | Asked in Immigration Law for California on
Q: Will my wife 10 year visa will be revoked if she applies for residency?

I’m a U.S. citizen, and my wife is Filipino. We’ve been married for two years, but we don’t currently live in the U.S. She has a 10-year multiple-entry visa that allows her to travel to the U.S. frequently. If we apply for her permanent residency based on our marriage, will her 10-year visa... View More

James L. Arrasmith
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answered on Oct 27, 2024

Applying for permanent residency for your wife may indeed affect her 10-year multiple-entry visa. When an individual applies for a green card, it signals an intention to immigrate permanently to the U.S. This immigrant intent can conflict with the nonimmigrant purpose of a tourist visa, potentially... View More

1 Answer | Asked in Immigration Law for California on
Q: When Electronic Return Receipt is an acceptable replacement for the paper version (Green Cards) for proof of service?

In a civil case against a federal agency filed at a federal district court (Northern District of California in this case). According to Rule 4(i) of the Federal Rules of Civil Procedure you would need to serve the agency, attorney general and local district attorney by certified mail. As a part of... View More

James L. Arrasmith
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answered on Oct 26, 2024

In federal civil cases, including those in the Northern District of California, Rule 4(i) of the Federal Rules of Civil Procedure specifies that certain parties must be served by certified mail with a return receipt. Traditionally, this has meant using paper return receipts to provide proof of... View More

1 Answer | Asked in Immigration Law for California on
Q: Applying for Expedited Naturalization under INA Section 319(b) Question

The beneficiary qualifies under INA Section 319(b) as the spouse of a missionary, of the petitioner, with a U.S. Based Interdenominational Christian Organization based in the U.S.; however, since her stay will be in Mexico where the location of the work is based outside the U.S. while the N-400... View More

James L. Arrasmith
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answered on Oct 24, 2024

When applying for expedited naturalization under INA Section 319(b) as the spouse of a missionary, it's important to maintain your permanent residence status while residing outside the U.S. Since your work location is in Mexico during the N-400 process, obtaining a reentry permit is advisable.... View More

2 Answers | Asked in Immigration Law for California on
Q: My B2 Visa was denied citing reason as 214(b). Application was made with my son who is unmarried and unemployed.

I am applying again but not sure what is appropriate answer to below question - Have you ever been refused a U.S Visa, or been refused admission to the United States or withdrawn your application for?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 22, 2024

The answer to the question - Have you ever been refused a U.S Visa .... is "YES" if B2 visa application was previously denied

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1 Answer | Asked in Immigration Law for California on
Q: Renewing F1 visa: any reason to renew during OPT and before the stem extension, or after I get the stem opt extension?

Currently have an F1 visa and OPT (OPT expires Jan 31st). I will soon need to renew the F1 visa. Are there any considerations to take into account when deciding to renew the visa during OPT (before OPT expires) or after the STEM extension is granted? Does this matter? On the one hand the sooner the... View More

James L. Arrasmith
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answered on Oct 22, 2024

Renewing your F1 visa before your OPT expires in January is a wise choice. Doing so while you’re still on OPT ensures that you maintain valid status, which is crucial if you need to travel internationally or extend your stay in the U.S. Renewing early can also help you avoid unexpected delays... View More

1 Answer | Asked in Criminal Law and Immigration Law for California on
Q: CBP hold my friend car

My friend he under asylum case and work as Uber, and because this is his job someone of our friends call him to come pick him up to go together to pick up someone from south San Diego and he will get paid for this ride, after the pick up the CBP stopped them and find out that the person who gets... View More

James L. Arrasmith
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answered on Oct 17, 2024

I'm sorry to hear about your friend's situation. To get his car back, he should first contact the CBP office that held the vehicle to understand the specific requirements for its release. It may involve providing documentation proving his role as an Uber driver and demonstrating that he... View More

2 Answers | Asked in Immigration Law for California on
Q: I overstayed my ESTA , I’m still in us, am I still able to apply for working visa ?

So I overstayed my esta , I want to become legal in us , I know people getting married, but is there a diferent way, maybe I can apply for visa or find a job who’s going to support me , not sure trying to find a way to stay in or at least be able to comeback

Stephen Arnold Black
Stephen Arnold Black
answered on Oct 15, 2024

No. It is strictly prohibited to change status on ESTA to a working visa even if you did not overstay, let alone that you are now an overstay.

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1 Answer | Asked in Immigration Law for California on
Q: Can i change my name and last name as a temporary resident?

I’m an italian citizen, but also a temporary resident in CA via ESTA.

Can i apply to change my name and last name during my 90 days here? Or do i necessarily need a visa?

James L. Arrasmith
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answered on Oct 13, 2024

You can initiate a name change in California while you’re here on an ESTA, but there are important considerations to keep in mind. Start by filing a petition for a name change with the local court in the county where you are residing. This process involves completing the necessary forms, paying... View More

1 Answer | Asked in Contracts, Employment Law and Immigration Law for California on
Q: Cosmetology degree transfer eligibility to USA

My Brother has a cosmetology degree overseas, and would love to transfer here to USA, is there any contracts or internships available.

Thank you

James L. Arrasmith
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answered on Oct 12, 2024

Transferring a cosmetology degree from overseas involves several key steps. First, your brother should have his credentials evaluated by a recognized agency to ensure they meet U.S. standards. This evaluation is essential for understanding how his qualifications compare to those required in the... View More

1 Answer | Asked in Immigration Law for California on
Q: I-485 Principal applicant question

I am filing I-485 as an asylee and I don't have any dependent. I am a solo applicant. In part 2 is asking information about principal applicant (which I think is me) and petition. I don't have any of those information. Should I write anything in those boxes or is it alright if I leave... View More

James L. Arrasmith
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answered on Oct 11, 2024

When filling out the I-485 as an asylee, you are correct in thinking that you are the principal applicant. In Part 2, where it asks for information about the principal applicant, you should enter your own information. If it asks for petition details, you can leave those sections blank, as your... View More

1 Answer | Asked in Immigration Law and Education Law for California on
Q: Can I pursue a fellowship while on OPT

I'm currently working full time at a company on OPT, and My employer offered me to participate in a part time fellowship while working full time with a graduate school. The program includes readings, discussions, and collaborative activities focused on change initiatives and two weeks of... View More

James L. Arrasmith
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answered on Oct 8, 2024

You can pursue the fellowship while on OPT as long as it aligns with the terms of your OPT status. Since the fellowship is part-time and does not result in a new degree or certificate, it typically won't interfere with your current employment under OPT. Ensure that the fellowship activities... View More

1 Answer | Asked in Immigration Law for California on
Q: Which states allow temporary residents to change their name and last name and which do not?

I’m an italian citizen who’s also a legal temporary resident in California.

I feel much more comfortable with the law here and i want to change my name and last name due to a traumatic past.

Which states allow temporary residents like me to change their name and last name and which do not?

James L. Arrasmith
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answered on Oct 6, 2024

In the United States, most states allow legal residents, including temporary residents, to change their name and last name. California, where you currently reside, permits name changes for temporary residents, as long as you meet the state’s residency requirements and have valid legal grounds,... View More

3 Answers | Asked in Civil Rights, Gov & Administrative Law and Immigration Law for California on
Q: Is preserving some form of anonymity possible when filing a pro se civil case against government?

Assuming I am considering to file mandamus/APA case against government is there a way to keep my anonymity, so online searching does not bring up my name in the following two cases? (as far as I know a proper way of keeping my anonymity requires a specific application and I think they don't... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 6, 2024

It would be difficult to preserve the identity of a prospective plaintiff filing under John Doe unless permitted by the judge.

I have not seen a single mandamus with a caption of John Doe.

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1 Answer | Asked in Immigration Law for California on
Q: Can a legal temporary resident apply to change their name and last name?

I'm an italian citizen who's also a legal temporary resident in California.

Can i apply to change my name and last name just as a permanent resident would?

Does the state of California only allow permanent residents to change their name?

What does the California... View More

James L. Arrasmith
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answered on Oct 6, 2024

As a legal temporary resident in California, you have the right to apply for a name change. The state does not limit this process to permanent residents or citizens. You can file a petition with the court, publish a notice in a local newspaper, and attend a court hearing, just as a permanent... View More

1 Answer | Asked in Immigration Law for California on
Q: I granted asylum and now I have two different I-94.

one the physical card that USCIS issued recently and one when I entered. which one should I use in I-485 part 1 question 26. thank you

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answered on Oct 5, 2024

When filling out Part 1, Question 26 of the I-485 form, you should use the most recent I-94 issued by USCIS after your asylum was granted. This document accurately reflects your current immigration status and is the relevant record for your application.

Keep the original I-94 from your...
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1 Answer | Asked in Immigration Law for California on
Q: H4 COS

I am currently on my F1 STEM OPT visa and planning to apply for H4 COS with a future start date.

After I get my H 4 approval can I travel outside the country and come back on F1 status before my H4 start date?

Would this cause any issues as my I-94 number would have been changed?... View More

James L. Arrasmith
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answered on Sep 30, 2024

Traveling outside the United States after your H4 approval but before the start date can be managed carefully. If you choose to re-enter on your F1 status, ensure that your F1 visa and OPT are still valid. Maintaining your F1 status means you continue to comply with the requirements of your current... View More

1 Answer | Asked in Immigration Law for California on
Q: How soon after receiving my Eb1 Green Card can I leave my employer

The visa type is EB1-A

James L. Arrasmith
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answered on Sep 26, 2024

Once you receive your EB-1 green card, there is no specific legal requirement for how long you must stay with your employer. However, you should be cautious about leaving too soon, as the green card is granted based on the employer’s sponsorship. Leaving your job immediately could raise questions... View More

1 Answer | Asked in Civil Rights and Immigration Law for California on
Q: Credit Union discrimination because of my immigration status/nationality??

New in the country with and EAD(Combo card-Work permit & travel), one of the Credit Unions here in Fresno, CA doesnt accept my EAD card as valid ID to open an account (checkings & savings), I feel is discrimination as I have other financial institutions banks and even other 1 credit union... View More

James L. Arrasmith
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answered on Sep 25, 2024

It sounds frustrating to be denied service based on your immigration status, especially since you've had no issues with other financial institutions. Credit unions and banks are generally required to follow federal guidelines when verifying identity, and an Employment Authorization Document... View More

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