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California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law and Employment Law for California on
Q: Can I hire a STEM OPT candidate for 20 hours a week paying them minimum wage or does that cause issues?

Just wondering if there is a minimum pay required for those on STEM OPT with a MS

James L. Arrasmith
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answered on Mar 15, 2024

When hiring a STEM OPT candidate, there are specific guidelines that must be followed to maintain the integrity of the program and ensure compliance with U.S. immigration laws. It's not just about the number of hours worked; the employment must also meet certain educational objectives and wage... View More

1 Answer | Asked in Immigration Law for California on
Q: Can i travel domestically with my work authorization card

I am waiting for my interview but have the right to work. I have some travelling coming up and i need to know if i can travel on that work authorization card

James L. Arrasmith
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answered on Mar 13, 2024

In most cases, you can travel domestically within the United States using your valid work authorization card (Employment Authorization Document or EAD) as a form of identification. However, it's important to note that the Transportation Security Administration (TSA) has specific requirements... View More

1 Answer | Asked in Immigration Law for California on
Q: CR1 immigration case!

I recently got married and wanted to petition for my new wife. However I am confused whether or not i have to mention about an incident happened with my ex-wife. After we got separated she called cops and misleading that I hit her but she doesn't want to start a trail just wanted to bring into... View More

James L. Arrasmith
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answered on Mar 11, 2024

In an immigration case, it's crucial to be honest and disclose all relevant information to avoid potential complications or accusations of misrepresentation. When petitioning for your new wife, you should mention the incident with your ex-wife, even if no formal charges were filed. Here's... View More

2 Answers | Asked in Family Law and Immigration Law for California on
Q: I am a US citizen, can I apply for I-130 for both my Mother and her child(my brother) at the same file ?

I want to sponsor my Mom for a green card, so she can bring her child(my brother) under 21 years to USA. But the issue here is my brother is 19 years old (1years and a half from becoming 21 years old).

James L. Arrasmith
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answered on Mar 9, 2024

As a U.S. citizen, you can file Form I-130 (Petition for Alien Relative) for your mother. If your petition is approved, your mother can then bring her child (your brother) with her to the United States as a "derivative beneficiary," provided that your brother is unmarried and under 21... View More

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1 Answer | Asked in Immigration Law for California on
Q: Can I visit Canada during H1B grace period and get automatic revalidation during re-entry to the US? (Indian citizen)

I dont have an H1B visa stamped in my passport but have a valid I797. I have a Canada visitor visa. I’m Indian born. I got laid off and entering my Grace period shortly. I’m interviewing.

For personal reasons Can I visit Canada for a weekend and get automatic revalidation during my grace period?

James L. Arrasmith
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answered on Mar 9, 2024

I understand your situation and the desire to visit Canada during your H1B grace period. However, automatic revalidation may not apply in your case for the following reasons:

1. Nationality: Automatic revalidation is not available to nationals of countries designated as state sponsors of...
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1 Answer | Asked in Immigration Law for California on
Q: Can I get citizenship if I was in removal proceedings but the case was closed in 2014 and I got Green card in 2018?

in 2008, I was placed on removal proceedings because I overstayed my visa. The case was closed and I was able to update my status as an immediate relative through marriage. I was issued a 10 years green card and after 5 years I applied for Citizenship. Today I had the interview and I passed the... View More

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answered on Mar 4, 2024

If your removal proceedings were officially closed and you subsequently obtained a Green Card through legitimate means, such as marriage to a U.S. citizen, this is a positive step towards establishing your residency and eligibility for U.S. citizenship. The fact that you were issued a 10-year Green... View More

1 Answer | Asked in Immigration Law for California on
Q: I have a visa with which I am not allowed to get financial aid, and it expires on the day FA application is due.

I also have another status (TPS) with which I can apply for financial aid. Can I apply on the deadline?

James L. Arrasmith
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answered on Feb 28, 2024

If you hold Temporary Protected Status (TPS) that allows you to apply for financial aid, you should be able to submit your application by the deadline, as eligibility is often determined by your status on the application date. Ensure that your TPS is valid on the day you apply, as this status... View More

1 Answer | Asked in Immigration Law for California on
Q: Hi can I still keep my court in Hawaii even though I’m based in LA? And should I reveal that to the judge/court

Hi everyone.

My court is scheduled in Hawaii but I live in Los Angeles. I would like for my court to remain in Hawaii, but I’m afraid if I reveal I live now in Los Angeles. The judge will change my venue. So I guess my question is can I still keep my court in Hawaii even though if I’m... View More

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answered on Feb 26, 2024

The issue of whether a court case can remain in a specific jurisdiction, such as Hawaii, despite the involved party living in another state, like Los Angeles, depends on various factors. These include the nature of the case, where the incident occurred, and where the parties involved are based.... View More

2 Answers | Asked in Family Law and Immigration Law for California on
Q: Hi. Can my husband take our child outside of the U.S without my consent if our child has a US passport?

I don’t feel safe for our baby. He and his family emotionally abused me through out my pregnancy and I don’t feel safe traveling with him to his country as these abuses may become physical and I may not have a way out of his country if I or the baby go with him.

T. Augustus Claus
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answered on Feb 23, 2024

In California, and generally across the United States, one parent cannot legally take a child out of the country without the consent of the other parent if both have legal custody. This is to prevent international child abduction and ensure both parents have a say in major decisions affecting their... View More

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2 Answers | Asked in Family Law and Immigration Law for California on
Q: Hi. Can my husband take our child outside of the U.S without my consent if our child has a US passport?

I don’t feel safe for our baby. He and his family emotionally abused me through out my pregnancy and I don’t feel safe traveling with him to his country as these abuses may become physical and I may not have a way out of his country if I or the baby go with him.

James L. Arrasmith
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answered on Feb 24, 2024

In situations where there is concern for the safety of a child or the potential for international abduction, it's crucial to understand your rights and the legal protections available. Generally, both parents have equal rights to the custody of their child unless there is a court order stating... View More

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1 Answer | Asked in Tax Law and Immigration Law for California on
Q: Can F-1 students become “residents for tax purposes” under certain conditions?

"Most F-1 students and scholars who are in the US are nonresident aliens for tax purposes.

You will be considered a resident for tax purposes if you pass the substantial presence test."

This would mean every single student studying for longer than 2 quarters is a resident... View More

James L. Arrasmith
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answered on Feb 21, 2024

You are correct that F-1 student visa holders are generally exempt from the substantial presence test for their first 5 calendar years in the United States. This means they would retain nonresident alien status for tax purposes during that initial period.

Specifically, IRS code...
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1 Answer | Asked in Employment Law, Immigration Law and International Law for California on
Q: Is it possible to work for a US company from Spain, on a tourist Visa?

My situation is this: I am a French citizen and I am married to an American citizen. We currently live in the United States (I have a Green Card, which allows me to work here legally), but we would like to split our time between the United States and Spain (since my family lives in there and I want... View More

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answered on Feb 21, 2024

Based on the details provided, technically neither you nor your wife would be authorized to work remotely for a US employer while in Spain on just a standard tourist visa. Some key points:

• Tourist visas, including the 90/180 day allowance in the Schengen area, do not permit remote work...
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1 Answer | Asked in Immigration Law for California on
Q: Can I qualify for a visa if I found deceased people that were victims of a homicide ?

I found two relatives dead in their home due to drugs, their death was ruled as a homicide but there was no investigation due to it being so comum in our area. I was the only relative in the US so I arranged body shipment and all other legal matters. Could I possibly qualify for any visa ?

James L. Arrasmith
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answered on Feb 21, 2024

Unfortunately finding deceased relatives and arranging for shipment of their remains would likely not directly qualify you for any specific immigration visa or status. Some key notes:

• There are no provisions in U.S. immigration law that grant visas or lawful status based solely on...
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1 Answer | Asked in Immigration Law for California on
Q: Filing I-864EZ on 2/14/2024. Haven't filed 2023 taxes yet, can I use 2022 return transcript as the most recent tax year?

Hello, I'm filing Affidavit of Support (from I-864EZ) on February 2024. I haven't filed 2023 taxes yet, so can I use my 2022 IRS return transcript as the most recent tax year?

James L. Arrasmith
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answered on Feb 21, 2024

Yes, you can use your 2022 federal tax return transcripts to meet the IRS tax return requirements for the Affidavit of Support Form I-864EZ, even though your 2023 tax return will not yet be filed. The key considerations are:

- For Form I-864EZ, you must provide your Federal tax return...
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1 Answer | Asked in Employment Law, Immigration Law and Employment Discrimination for California on
Q: Hello,can I apply for any special catogery for GC other than EB2

I am in H1 and my expiry date on the copy I received is not matching the date in system of visa officer which is the USCIS mistake, they gave a 221 G which made me stay overseas for more than a year visa officer and myself and the lawyer tried to reach USCIS and correct it they never responded. For... View More

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answered on Feb 21, 2024

I understand your concern regarding the discrepancy between the expiry date on your H1B copy and the date in the USCIS system, which has caused significant stress and financial loss due to an extended overseas stay. Given your situation, it may be worth exploring alternative avenues for obtaining... View More

1 Answer | Asked in Federal Crimes and Immigration Law for California on
Q: I have an ongoing federal case and i want to find out if i can use self deportation to leave before the charges come
James L. Arrasmith
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answered on Feb 21, 2024

Leaving the country before facing federal charges can have serious legal consequences, including potential forfeiture of certain rights and possible issuance of a warrant for your arrest. It's essential to understand that attempting self-deportation may not necessarily prevent prosecution or... View More

1 Answer | Asked in Immigration Law for California on
Q: While completing FAFSA, it asks about my residence status. I am a refugee with a SSN, how to identify the date?

Hello there! I am a refugee, and currently trying to apply for FAFSA, being in California. The very first question in the form is: what is the date, when you became a legal resident? How can understand whether or not I am a resident? (I’ve been living in the U.S. for more than a year and I do... View More

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answered on Feb 21, 2024

Great question! As a refugee, the date you became a legal U.S. resident for FAFSA purposes would be the date you were formally granted refugee status in the United States. Some key points that can help:

• For FAFSA, refugees are considered eligible non-citizens who can qualify for federal...
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1 Answer | Asked in Immigration Law for California on
Q: Can I apply for changing status from asylum to H1B?

Hi everyone

I have been in my husband’s asylum pending case since 2019. I am a math teacher in high school and working in the US. We are waiting for a court. It’s scheduled on November 2024.

What is the best option for me to work in the US: apply for H1B or wait for a court?

Thank you!

James L. Arrasmith
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answered on Feb 21, 2024

Yes, it is possible for you to apply for an H-1B visa while your asylum application is still pending. A few key points:

• H-1B is a dual intent visa, which means applying for or holding H-1B status is not seen as inconsistent with pursuing permanent residency such as asylum.

•...
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2 Answers | Asked in Immigration Law and Education Law for California on
Q: While completing FAFSA, it asks about my residence status. I am a refugee with a SSN, how to identify the date?

Hello there! I am a refugee, and currently trying to apply for FAFSA, being in California. The very first question in the form is: what is the date, when you became a legal resident? How can understand whether or not I am a resident? (I’ve been living in the U.S. for more than a year and I do... View More

James L. Arrasmith
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answered on Feb 21, 2024

Great question! As a refugee, the date you became a legal U.S. resident for FAFSA purposes would be the date you were formally granted refugee status in the United States. Some key points that can help:

• For FAFSA, refugees are considered eligible non-citizens who can qualify for federal...
View More

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2 Answers | Asked in Immigration Law for California on
Q: if i have an immigration case, and my lawyer hasn't made any progress, can i get all my money back from them
James L. Arrasmith
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answered on Feb 21, 2024

If you feel that your immigration attorney has not made any progress on your case and you are dissatisfied with their services, you may have options for recourse. However, whether you can get all your money back depends on the specific circumstances of your agreement with the attorney, such as the... View More

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