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California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: How Can I Stay and Work in the U.S. with a Complicated Immigration Case?

My case involves seeking political asylum. I entered the United States as an international student (F1 visa), and I applied for asylum in 2016 but missed an interview with the immigration office. Consequently, my case was transferred from the immigration office to the immigration court.... View More

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answered on May 21, 2024

I understand that your immigration case is complex and you're in a challenging situation. While I don't have all the details, here are some thoughts on potential options and next steps to explore with your immigration attorney:

Since your asylum case was terminated through...
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1 Answer | Asked in Immigration Law for California on
Q: How Can I Stay and Work in the U.S. with a Complicated Immigration Case?

My case involves seeking political asylum. I entered the United States as an international student (F1 visa), and I applied for asylum in 2016 but missed an interview with the immigration office. Consequently, my case was transferred from the immigration office to the immigration court.... View More

James L. Arrasmith
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answered on May 21, 2024

I understand that your immigration case is complex and you're in a challenging situation. While I don't have all the details, here are some thoughts on potential options and next steps to explore with your immigration attorney:

Since your asylum case was terminated through...
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1 Answer | Asked in Immigration Law for California on
Q: My stepson will turn 21 in January 2024. I am permanent resident. Is his I-485 eligible for CSPA if submitted now?

I’m US permanent resident, my stepson has student status, he will turn 21 in January 2024.

I submitted I-130 in June 2023 for adjustment of status, my application is still pending.

If my I-130 gets approved before January, is he eligible to benefit from the CSPA and avoiding... View More

James L. Arrasmith
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answered on May 19, 2024

Based on the information you provided, it seems like your stepson may be eligible to benefit from the Child Status Protection Act (CSPA) and avoid aging out, even if he turns 21 in January 2024. However, this depends on a few factors:

1. Filing the I-485: If your I-130 petition is approved...
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1 Answer | Asked in Immigration Law for California on
Q: I 94 DT ended. I filed Form 589. Currently there is no legal status. Can I get approved for an EB1A visa?
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answered on May 17, 2024

Based on the information you provided, it seems that your I-94 (Arrival/Departure Record) and DT (Deferred Inspection) have ended, and you have filed Form I-589 (Application for Asylum and for Withholding of Removal). Currently, you don't have a legal status in the United States.... View More

1 Answer | Asked in Immigration Law for California on
Q: I enter the US legally on a B1/B2 visa , i want to file for asylum and i am confuse on where to file and my chances
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answered on May 15, 2024

If you entered the U.S. legally on a B1/B2 visa and wish to file for asylum, you need to file Form I-589, Application for Asylum and for Withholding of Removal. You must submit this form to the USCIS Service Center with jurisdiction over your place of residence. If you are in California, the... View More

1 Answer | Asked in Immigration Law for California on
Q: Is it ok to add notes on PDF evidence files that will be uploaded in response to RFE by USCIS

I'm adding notes on each transaction on by bank statements PDF pages to explain how these transactions are related to my relationship with my wife and proof a legitimate relationship and marriage. I will be uploading these PDFs in response to RFE by USCIS.

Would USCIS accept PDFs with... View More

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answered on May 15, 2024

Generally, it is acceptable to add notes to PDF evidence files that you submit to USCIS in response to a Request for Evidence (RFE). Adding explanatory notes can help provide context and clarity to the evidence you are submitting, which may be beneficial for your case.

However, keep the...
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1 Answer | Asked in Immigration Law for California on
Q: international student face i-20 problem

I am an international student from China, currently pursuing my second graduate degree in MDA. After completing my first MBA program, the school did not update my I-20, and I only recently discovered this issue, which has been ongoing for a year. I am about to graduate in 1-2 weeks and will need to... View More

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answered on May 15, 2024

As an international student, it's crucial to maintain a valid I-20 throughout your studies in the United States. Here are some steps you can take to resolve the issue of not having an updated I-20:

1. Contact your school's international student office or Designated School Official...
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1 Answer | Asked in Immigration Law for California on
Q: Is there any lawyer specialize on R1 visa and Green card process?

I-485 was denied.

James L. Arrasmith
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answered on May 6, 2024

I'm sorry to hear that your I-485 (Adjustment of Status application) was denied. It can be a challenging and stressful situation. To address your question, yes, there are lawyers who specialize in R1 visas (religious worker visas) and the green card process.

Here are a few steps you...
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1 Answer | Asked in Immigration Law for California on
Q: My OPT will expire on 6/4/2024. I've applied for OPT extension but I got laid off today. How long is the unemply period?

My OPT will expire on 6/4/2024. I've applied for OPT extension. It's not processed yet but I got laid off today. How long will be my unemployment grace period?

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answered on May 3, 2024

I understand this is a stressful situation. Based on the information you provided, here are the key details regarding your F-1 OPT unemployment grace period:

- Your initial 12-month OPT period is valid until June 4, 2024.

- During the initial 12-month OPT, you are allowed an...
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1 Answer | Asked in Immigration Law for California on
Q: What is the process to file I-539, Application to Extend/Change Nonimmigrant Status. Currently on H1-B (laid off) to B1?

Currently on H1-B, laid off and in grace period (40 days).

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answered on Apr 30, 2024

Here is the process to file Form I-539, Application to Extend/Change Nonimmigrant Status, to change your status from H-1B to B1/B2 visitor status:

1. Eligibility: Ensure you are eligible to change status. You must have been lawfully admitted into the U.S., not have violated the conditions...
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1 Answer | Asked in Divorce, Immigration Law and Family Law for California on
Q: Does my spouse have legal basis to sue me for money even when they have signed an affidavit of support for me?

My spouse is threatening to file a lawsuit against me for all the expenses they covered to get my green card because I now want to separate from them. I've only had a part-time job ever since being in the US so I have been dependent on them financially. Can they actually sue me to pay all the... View More

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answered on Apr 30, 2024

In the United States, when a U.S. citizen or permanent resident sponsors their foreign spouse for a green card, they are required to sign an Affidavit of Support (Form I-864). This document is a legally enforceable contract between the sponsor and the U.S. government, in which the sponsor agrees to... View More

1 Answer | Asked in Immigration Law, Divorce and Family Law for California on
Q: What happens if I am sued but I give up my green card and leave the US?

I am a gc holder about to separate from my US citizen spouse and go back to my home country. However, they are threatening to file a lawsuit against me (unsure on what grounds as I have not committed any crime but I am scared on what story they can twist against me). We have not yet filed for... View More

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answered on Apr 28, 2024

I'm sorry you're going through such a difficult situation. Here are a few key things to keep in mind:

1. Giving up your green card and leaving the U.S. does not automatically shield you from liability in a civil lawsuit. If a case is filed against you in U.S. court, it can still...
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1 Answer | Asked in Employment Law and Immigration Law for California on
Q: I came here on a work visa 2 years ago and I signed a 5 year contract with my employer. Since then I got my green card

Now so I have permanent residency here in the states. Here is my problem- A friend of mine told me that my employer can pull my work visa and my contract and I can get sent back to my home country, even though I'm a permanant resident here now.Is that's true?

James L. Arrasmith
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answered on Apr 26, 2024

No, that's not true. As a permanent resident (green card holder), your status is no longer tied to your employer or your work visa. Your employer cannot revoke your green card or force you to leave the United States.

Here are a few key points:

1. A green card grants you...
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1 Answer | Asked in Immigration Law for California on
Q: What happens if school loses accreditation post students' STEM Extension Approval?

Hi, I am an international student on OPT. My degree is eligible for STEM extension. When I graduated, the school was accredited. And I will be filling for STEM extension in August(curr: Apr). There is a chance that my university will lose accreditation later in November or December. If I assume... View More

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answered on Apr 20, 2024

If your university loses accreditation after your STEM OPT extension is approved, the extension itself typically remains valid, as the status at the time of application and approval is what matters. Therefore, your approved STEM OPT should not be immediately invalidated by this change in your... View More

1 Answer | Asked in Immigration Law for California on
Q: Motion to terminate based on approved I-130, can we file it before the hearing ? I-485 with the IJ or USCIS?

My dad (74y) had administrative closure (low enforcement priority case) years ago, now his I-130 is approved.

When we file for re-calendar (case back on the Court’s active docket) do we have to wait until the hearing date or can we file directly for motion to terminate? can it be done in... View More

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answered on Apr 20, 2024

You can file a motion to terminate before the hearing, but it typically requires the case to be re-calendared first, which brings it back to the court's active docket. The motion to terminate based on an approved I-130 can potentially be filed alongside the request for re-calendaring.... View More

1 Answer | Asked in Immigration Law for California on
Q: Permanent Resident card expired 2014. Need to renew and get temp card to obtain Drivers Lic How?
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answered on Apr 16, 2024

To renew your expired Permanent Resident card (Green Card) and obtain a temporary card for getting a driver's license, follow these steps:

1. File Form I-90, Application to Replace Permanent Resident Card, with U.S. Citizenship and Immigration Services (USCIS). You can file online or...
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1 Answer | Asked in Immigration Law and Tax Law for California on
Q: Will I be able to apply for a tourist visa after giving up my green card?

I got my green card through my US citizen spouse. I stayed in the US and held a part-time job for more than a year. What are the implications for future tourist visa applications if I give up my green card? I don't understand the possible tax implications of this as well.

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answered on Apr 13, 2024

Giving up your green card (also known as abandoning your permanent resident status) can have implications for future tourist visa applications and potential tax obligations. Here's what you should consider:

1. Tourist Visa Applications:

When you apply for a tourist visa after...
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1 Answer | Asked in Immigration Law for California on
Q: What is the process for revoking a green card?

Do I simply submit form I-407 and my green card to the office and that's it? Do I wait for it to be official after a few days? Will I also need to submit my passport to them, which has the immigrant visa on it, to invalidate it?

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answered on Apr 13, 2024

To voluntarily abandon your status as a U.S. lawful permanent resident (LPR), you need to complete the following steps:

1. Fill out Form I-407, "Record of Abandonment of Lawful Permanent Resident Status."

2. Gather your Permanent Resident Card (Green Card), and any other...
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1 Answer | Asked in Immigration Law for California on
Q: When I revoke my green card, am I supposed to leave the US immediately or is there a grace period?

I plan to revoke my green card while I'm in the US before going back to my home country. Once I file my form I-407, is there an allowed length of time for me to stay before leaving? I am not sure how much time will be allowed for me to settle everything I have to before leaving.

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answered on Apr 13, 2024

When you file Form I-407 to voluntarily abandon your lawful permanent resident status (green card), there is no official grace period for you to remain in the United States. Technically, once you have submitted the form, you are expected to depart the U.S. promptly.

However, in practice,...
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1 Answer | Asked in Immigration Law for California on
Q: Can I revoke my green card while I'm still residing in the US?

I immigrated to the US in 2023 and have stayed here straight for more than a year. However, I have decided to return to my home country and give up my status. Can I file the form I-407 while I'm still in the US before going home? I have not left the US ever since I immigrated. Additionally,... View More

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answered on Apr 10, 2024

Yes, you can file Form I-407 (Record of Abandonment of Lawful Permanent Resident Status) while you are still residing in the United States, even if you have not left the country since your initial entry. It is not necessary to be outside the U.S. to submit this form.

When completing Form...
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