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California Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for California on
Q: I recently married a Romanian citizen in their country. To which authorities do I report it in the USA?
Adan Vega
Adan Vega answered on May 5, 2021

If you are a U.S. citizen or resident and you wish to file a relative petition on behalf of your spouse , you can file the FORM I-130 with DHS/USCIS. This will commence the process for your spouse to ultimately obtain the immigrant visa with the U.S. consulate.

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1 Answer | Asked in Immigration Law and Employment Law for California on
Q: For a student on F1 visa, under OPT, is it required to get a business license to work as an independent contractor?

I'm a musician who was planning to offer music related services online and at the same time work on my recordings and releases. Is it necessary for me to get a business license to work out of home as an independent contractor and if so what steps are required to be taken to get the license?... Read more »

Neil Pedersen
Neil Pedersen answered on May 4, 2021

Business licenses are usually issued by cities, and the requirements for getting one will depend on the particular city in which your business will be based. Therefore to find the steps necessary, call your City Hall.

If you are looking to open a business in California, then you must...
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1 Answer | Asked in Immigration Law for California on
Q: Please help me!! I am a winner DV2021, but the consulate in Moscow does not invite for an interview?

Please help me!! I am a winner DV2021, but the consulate in Moscow does not invite for an interview. How do I transfer it to another consulate?

Hector E. Quiroga
Hector E. Quiroga answered on Apr 27, 2021

You don’t say when you were notified. It is possible that the Embassy does not have your info yet. You might try contacting the Embassy at: +7 (495) 728-5000

2 Answers | Asked in Immigration Law for California on
Q: K1 denied now she needs to depart

My K1 fiance and I got married 9 days AFTER 90 days of the allotted time and her change of status was denied. 2 weeks after we received a letter stating that she needs to depart the US within 32 days upon receiving the letter. We filed a I-130 online yesterday to see if it would help. My question... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Apr 21, 2021

why did you marry after the 90 days? There are strict rules that must be followed for the K-1 visa..Do u have a good reason why you delayed?

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1 Answer | Asked in Immigration Law for California on
Q: Will adding a new joint sponsor online to ceac after being documentarily qualified for a while,put us back in line?

Our documents were accepted back in August 2020 and we got the email from NVC saying we are documentarily qualified and that we are in line for an interview . But our joint sponsor died due to Covid recently and I want to add the info of the new joint sponsor to ceac . My concern is will did put us... Read more »

Agnes Jury
Agnes Jury answered on Apr 20, 2021

NVC will review your file once again when they are ready to send your file to the Embassy for interview to request updates of any documents if needed. So if you have your documents uploaded by that time, they will review it and let you know if any additional documents are needed. It should not... Read more »

2 Answers | Asked in Immigration Law for California on
Q: Petitioning my husband but I dont work . Our sponsor died due to Covid . Do I need a new sponsor ? What do I need to do

I am petitioning for my husband . Our I130 got approved last year . We sent all the documents to NVC and have been waiting in line for an interview at the ciudad Juárez consulate . I do not work so my uncle who works and lives in Seattle was our sponsor . He filed out an I864 and submitted... Read more »

Agnes Jury
Agnes Jury answered on Apr 16, 2021

You will need a new sponsor and you should upload the new I-864 to NVC along with proof of income so that NVC can screen the sponsor to make sure his income is sufficient. Your husband can explain the change of sponsors at the interview. Best wishes!

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1 Answer | Asked in Immigration Law for California on
Q: Looking to switch from consular processing to adjustment of status. How do I do it?

Case has been documentarily qualified for over a year and the beneficiary is currently visiting in the US. Other than submitting I-485, are there any other steps that need to be taken? Will there be a long delay if we switch? Any reason not to switch since there is a large backlog of consular... Read more »

Agnes Jury
Agnes Jury answered on Apr 14, 2021

Switching from consular processing to Adjustment of Status is technically doable and easy but whether it should be done is a very fact sensitive analysis that should be done with an attorney because of the risk of potentially being denied Adjustment of Status. I recommend you at least do a... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Does a latent TB (with a clear X-ray) reported in I-693 a concern to approve I-485 ?

I have finished my medical examination as part of the USCIS requirement.

In my medical test, I was found positive for Tuberculosis (TB) in the blood test. However in the follow-up X-ray examination, It was clean. I was found to have only 'latent TB' infection and not... Read more »

Agnes Jury
Agnes Jury answered on Mar 31, 2021

Positive TB tests happen frequently but if your doctor signed the I-693 form and assured you that there should not be a problem then there very likely will not be. But if you have the money and want peace of mind then doing another test after treatment can't hurt. Here is more information... Read more »

2 Answers | Asked in Immigration Law for California on
Q: Does USCIS consider ‘Economic Impact Payments’ (Stimulus) as ‘Means-Tested Public Benefits’ for Immigration purposes?

Hello

I came to the US and got married to a US citizen in 2019. My wife who is my Sponsor on Affidavit of Support Form I-864 received 2 Stimulus Payments in 2020/2021 - they were based on her last Tax Return when she was single. Because I didn’t work in the US in 2019, I didn't file... Read more »

Agnes Jury
Agnes Jury answered on Mar 30, 2021

As far as I am aware, U.S. Citizenship and Immigration Services (USCIS) has not clarified whether accepting the stimulus check is considered a public benefit for purposes of inadmissibility, but the USCIS Policy Manual indicates that tax credits are not considered public benefits in a public charge... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: I am filing concurrently forms i-130 (on behalf of my step father) and i-485. Can we file i-765 as well along with them?
Adan Vega
Adan Vega answered on Mar 29, 2021

You can submit the FORM I-765 concurrently with the FORM I-485.

You do not need to pay a filing fee for the FORM I-765 if you file in this manner.

Good luck to you.

2 Answers | Asked in Criminal Law and Immigration Law for California on
Q: Can i file a case against someone who is here but threatened my wife of serious injury although shes not here

Can i file a case on behalf of my wife?

Brian Scott Winkler
Brian Scott Winkler answered on Mar 28, 2021

Short answer is no.

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1 Answer | Asked in Immigration Law for California on
Q: Can i file for a case against someone who verbally said that she sent documents to immigration but it was not her money?

To prove that she can support her studies here and that she still keeps it and will pay them back as soon as she gets her green card. Thats why she was looking for someone to get married to for paper purposes only

Stanley Dale Radtke
Stanley Dale Radtke answered on Mar 28, 2021

You cannot "file a case against someone" because it is only the federal government that can initiate an action against someone for immigration fraud. This of a criminal offense, you can report a crime, but only the district attorney can actually file a criminal complaint against someone.

1 Answer | Asked in Immigration Law for California on
Q: selective service verification for citizenship

hi, how are you? when i came to usa, i didn't know i have apply for selective service, and i have send my document to get citizenship but looks like need verification document from selective service!

what is my situation?what i need to do?

i was born at 1991

thanks

Stanley Dale Radtke
Stanley Dale Radtke answered on Mar 27, 2021

Failing to register for potential military service can ruin your showing of good moral character for naturalization purposes.

If you are a man who lived in the U.S. or got your green card at any time between the ages of 18 and 26, you were expected to register with the U.S. Selective...
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1 Answer | Asked in Immigration Law for California on
Q: What is the legally correct way/form of signing the certificate of naturalization?

Do I have to sign by writing down my full name as it appears on the certificate? Or just sign it the way I sign documents, credit cards, etc (which, by the way, is also the signature that appears on/next to my photo on the certificate of naturalization)?

Hector E. Quiroga
Hector E. Quiroga answered on Mar 23, 2021

Sign it as you would sign any document.

1 Answer | Asked in Immigration Law for California on
Q: What is the correct process of doing a name change for my child?

I just became a US citizen (naturalization). My child is under the age of 18. And, I understand she automatically became a US citizen as well. The question I have is as follows. I'd like to do a name change for my child. What is the legal advice on how to do that? Apply for a name change in... Read more »

Adan Vega
Adan Vega answered on Mar 20, 2021

If your child has not obtained a lawful change of name prior to filing the FORM N-600 (or the U.S. passport application), the Certificate of Citizenship will reflect the name as stated in the lawful resident card. Hence, a petition must first be filed in civil court to obtain a decree authorizing... Read more »

1 Answer | Asked in Immigration Law for California on
Q: What does "proof that the intending immigrant's current employment will continue from the same source" mean on I-864?

I am currently working in the US with a TN status work authorization. I have been living with my husband since July 2020 and we just got married in February 2021. My husband is currently unemployed and studying, and does/will not mean the minimum annual income requirement to sponsor me. On the... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Mar 18, 2021

You can get a letter from your employer stating that your employ will continue and should specify at what rate of pay etc. The letterhead should identify the employer name at the top and give the name and the title of the person signing the letter, like a supervisor,

1 Answer | Asked in Divorce, Family Law, Immigration Law and Domestic Violence for California on
Q: What can I do in domestic abuse, they kicked me out of my house and I'm in the process of getting documents?

Abuse of economic power, he uses drugs, offenses, and I ran from home knowing that I cannot get a job nor do I have a family to support me here

Dale S. Gribow
Dale S. Gribow answered on Mar 16, 2021

CONTACT A LOCAL FAMILY LAW ATTORNEY ASAP WITH ALL THE INFO WRITTEN OUT IF POSSIBLE.

THERE MAY BE CIVIL AND CRIMINAL REMEDIES AT YOUR DISPOSAL DEPENDING ON THE FACTS THAT PLAY OUT.

3 Answers | Asked in Employment Law and Immigration Law for California on
Q: My boyfriend is here from South Africa for work. He works in Mississippi as a farm hand.

He states he’s not able to leave his employment to come to California and see me. What prohibits him from leaving?

Kevin L Dixler
Kevin L Dixler answered on Mar 15, 2021

I agree that there are too many reasons as my colleague mentioned. There is always the possibility that he is misinforming you. Questionable requests for money from people on the internet can be a source of fraud. He may be in Ghana or Nigeria for all that yo know.

He may not want to...
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1 Answer | Asked in Immigration Law and Gov & Administrative Law for California on
Q: Can Dreamers go on cruise from CA/OR/WA-HI, CA/HI-AK, TX-NY/ME, or vice versa if it doesn't land on a foreign nation?

By this, I mean if a Dreamer doing so won't risk deportation or cancelation of DACA. And of course, this would be in times when things get back to normal.

The 2 letter codes represent the states while the hyphen represents the word "to".

I was also wondering if a... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Mar 11, 2021

I do not suggest this. Even though you may not arrive at a port outside the USA, each time you exit or enter the ship you go through customs.

4 Answers | Asked in Immigration Law for California on
Q: LPR for last 30 years lived outside USA with limited trips back to USA. What is needed for her to move permanently to US

My mother has GC I551 (77 no exp) and has lived lived outside USA with limited trips back and forth to USA with no issue getting through US immigration until 2019 when they questioned and allowed her through on a Visa waiver, which states that her GC is no longer valid. Question is my mother is now... Read more »

Mario Musil
Mario Musil answered on Mar 9, 2021

If they had her file a Form I 407 and turn in her green card, she will have to reapply for her LPR status. Even if they did not take the card, it is very likely that she may be in the system as having abandoned her status, which would mean she has to reapply. An experience immigration lawyer will... Read more »

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