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California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: How do I help my usa born cousin enter usa with just birth certificate and ssn

My course was born in CA but she was taken to Mexico at a very young age and her name was changed in mexico all her records and school records are in a different name but she has her us social security and birth certificate but she has not reentered the county because she is scared they won't... Read more »

Adan Vega
Adan Vega answered on Sep 21, 2020

Your cousin should apply for a U.S. passport with the U>>S consulate while abroad and prior to attempting to enter the U.S.

The birth certificate and the social security card will be helpful in the request for the U.S. passport.

Good luck to you and your cousin.

1 Answer | Asked in Immigration Law for California on
Q: I applied asylum in April, I haven’t got any appointment for biometric finger print. Can I apply work permit 150 days ?

Even if, I don’t get appointment for biometric. Can I apply work permit after 150 days of waiting.

Hector E. Quiroga
Hector E. Quiroga answered on Sep 14, 2020

If you have the receipt notice showing you have applied and your application has been accepted, you should be able to file for a work authorization.

1 Answer | Asked in Immigration Law for California on
Q: Can one file multiple extensions for B2 visa during Covid-19 for parents?

My mother came to the US in Dec 2019 on B2 visa and her i94 was until June 2020. She was supposed to leave in June 2020, before her i94 expired, but due to the Covid situation, we filed a 6 month extension for her in April 2020. The current status of the application is “Application was... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 14, 2020

1. There is no need to file a second extension. In fact, it wouldn’t do you any good. It is best if you simply wait for USCIS to adjudicate that one currently pending.

2. If the individual can make the case, then such a reason should be considered.

1 Answer | Asked in Immigration Law for California on
Q: Permanent resident status

Hi..I am a u.s citizen and my wife is a greencard holder and I am currently outside the u.s and my stay was protracted (more than 5 years) due to me being alongside my mother who was ill and my wife was forced to stay with me this period as she obviously couldn't leave me and travel back to... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 13, 2020

If your wife took no action to preserve her status and she has no visa she may not be admitted at the border.

2 Answers | Asked in Immigration Law for California on
Q: Can I work for a US company solely from (remotely) from home as a Consultant/ Independent contractor without a Visa?

I am a Registered Nurse working in the US for over 30 years and recently my job placed me on "Temporary Leave" due to Covid 19 until we can resume full time indoor opening. My TN Visa status then was revoked completely by US Border Control when applying for a New TN Visa for a secondary... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 11, 2020

NO. Working without authorization will jeapordize your ability to receive any further immigration benefit seek. Secondly, remaining in the USA without a visa may also jeapordize any further immigration benefit you seek.

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3 Answers | Asked in Immigration Law for California on
Q: I have my Green card since 2008 the Gov just renewed my Green card for another 10 years but denied me my Citizenship?
Mario Musil
Mario Musil answered on Sep 6, 2020

The requirements for naturalization are more stringent than the requirements for the renewal of your permanent resident card. You should have an attorney review the denial letter with you to see what options you may have to obtain your citizenship.

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2 Answers | Asked in Immigration Law for California on
Q: My uncle lives in Texas, he is currently in coma and his wife and daughter are in Mexico. My uncles has papers(resident)

His wife and daughter dont have papers, can they get a permit to come and visit him?

Dale S. Gribow
Dale S. Gribow answered on Aug 19, 2020

YOU NEED TO INQUIRE FROM AN IMMIGRATION ATTORNEY NOT A CRIMINAL/PI LAWYER

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1 Answer | Asked in Immigration Law for California on
Q: Can anyone apply for extension of B2 visa stay, again for a 2nd time, when first one is pending?

Covid stranded aged 57(F) and 68(M)

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Aug 17, 2020

Hey, I’d say just wait for the decision on the first application. You can contact the USCIS or check the status of your case online. If you need help checking online, I’d be happy to help. Give me a call.

2 Answers | Asked in Immigration Law for California on
Q: My Iranian wife and I married during COVID quarantine and I’m not close to my family. How to best mitigate USCIS issues?

My Iranian wife and I married May of this year, we fell in love in grad school (I am a US citizen by the way). We married during COVID quarantine and I’m not close to my family, so only a few of her family members could Skype in.

How can we best mitigate issues with our green card application?

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Aug 17, 2020

Hey, Congratulations on your marriage. You can petition for your wife to adjust her status to permanent resident.

If you do not have close relatives to support your marriage in affidavits, you can ask close friends. Generally, the USCIS will only consider whether you and your current wife...
Read more »

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1 Answer | Asked in Criminal Law, Immigration Law and Securities Law for California on
Q: Can i Immigrate to us or canada having two non felony convictions for fraud?
Dale S. Gribow
Dale S. Gribow answered on Aug 16, 2020

you need to ask this of an Immigration Attorney ..........not a criminal law.

2 Answers | Asked in Immigration Law for California on
Q: Hi! I am a U.S. Citizen and I want to bring a guy from India to California to get married. How long will it take?

I am not sure about the appropriate paperwork, and what else he needs to do from his side, since the Indian Embassy is closed?

EDIT: I have not met him! If COVID didn’t happen, I would have gone to India, However my parents cannot make the long trip. So we need another way to bring him... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Aug 15, 2020

There are several options. The most expedient pathway is the fiancé visa. If you have physically met your boyfriend within 2 years of filing then you can sponsor him for his K visa. Upon entry and marriage within 90 days, he can adjust status to acquire his green card. The fiancé visa process... Read more »

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1 Answer | Asked in Immigration Law and Workers' Compensation for California on
Q: Immigration and workers comp

My mother who is an immigrant and an employee of a company where she works as a farm worker in California, was recently put on workers comp due to her having nausea and dizziness that made it unsafe for her to work. after getting the OK from her doctor to go back to work, she went to the main... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Aug 12, 2020

Labor Code 132(a) makes it a misdemeanor crime for the employer to demote or terminate an injured worker just because they requested workers comp benefits. The trouble here is the employer can defend by claiming it really had nothing available for Mom with her skill set. CAN MOM PROVE that this... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I have my N-400 interview scheduled while I'm traveling abroad. I'll be back two days before the interview.

I found a statement on the notice that I should reschedule my interview if I've traveled outside the US in the past two weeks as part of the covid-19 safety measures. However, I didn't see that on their webpage, only if you're ill or have symptoms. Should I: - Call to reschedule... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 10, 2020

The fact that you’ve travelled will likely come up in databases that keep track of such things, unless you traveled to Canada or Mexico. Under certain circumstances. It is hard to say what you should do, though know that you might get turned away if you show up at the interview and tell staff... Read more »

3 Answers | Asked in Immigration Law for California on
Q: My cover letter in response to RFE has a typo in the receipt number. It is sent now, do I need to worry?

I included the original RFE letter from USCIS, which has the correct receipt number, together with my evidence.

Stephen Arnold Black
Stephen Arnold Black answered on Aug 10, 2020

Probably not as long as you included the original RFE letter sent to you.

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2 Answers | Asked in Immigration Law for California on
Q: If I leave the US after my legal stay, but having I-539 VISA extension submitted, do I accumulate unlawful days?

I came on B2 VISA and have heard the processing time is very long (several months!) for Chinese nationals.

Christopher A. Kerosky
Christopher A. Kerosky answered on Aug 7, 2020

If you leave the U.S. within the time requested in your I539 (so long as it is no more than 180 days) and before you have received a decision on your request, then you have not accumulated unlawful presence.

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1 Answer | Asked in Immigration Law for California on
Q: How can i apply for a 3 months extended stay on a B-1 Visa?

I was given 6 months to stay in the country which will be up on September 7, 2020. I am a diabetic and heart patient which makes me high risk for contracting the Coronavirus. I would like to wait until the end of the year to travel back to Belize. Is it possible for me to get my stay extended... Read more »

Adan Vega
Adan Vega answered on Aug 5, 2020

You can file the FORM I-539 with USCIS and explain the reason why you are requesting additional time to remain in the U.S.

You will need to file the FORM I-539 prior to the expiration of your current status on September 7, 2020.

Good luck to you.

1 Answer | Asked in Immigration Law for California on
Q: My friend is a illegal immigrant , he was detentioned by ICE, during bail hearing, I submitted a affidavit as guarantor.

Judge ordered $5000 bail bonds. Another person went to ICE signed the paper and paid the bonds. I did’t signed any paper with ICE, I am not a consigner. Now, my friend he jump bond and run away. Do I responsible to pay the money to that person who signed the paper and paid the bond with ICE.... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 3, 2020

No, you are not required to pay that money.

2 Answers | Asked in Immigration Law for California on
Q: If Affirmative asylum seeker received a final denial of his claim/case - what options he/she has after (June) changes?

1. If Affirmative asylum seeker received a final denial of his claim/case from asylum officer after the interview, will Affirmative asylum case automatically be “referred” to the Immigration Court?

2. Can asylum seeker with denied case still appeal to an independent body in Falls... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Jul 29, 2020

Yes, yes, yes to all three questions.

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1 Answer | Asked in Immigration Law for California on
Q: My business partner lied on his DS-160 form in 2013 while applying for b1/b2.

My brother lied in his DS-160 form in 2013 while applying for b1/b2. He mentioned fake college name and degree in the form.The same info was repeated again in 2018 while filling DS-160 while renewing b1/b2 .He still has valid b1/b2 but is worried about future and wants to amend the mistake he made... Read more »

Julie C Hancock
Julie C Hancock answered on Jul 27, 2020

You definitely should consult with an immigration attorney to evaluate this situation and determine next steps. Misrepresentation to obtain an immigration benefit is a very serious matter and can have serious consequences to your brother's future ability to travel to the United States.

1 Answer | Asked in Criminal Law, Immigration Law and International Law for California on
Q: My naturalized citizen dad wants to return to the US after fleeing mail fraud charges from the 90s. Will he be detained?

My dad became a naturalized citizen in August of 1996. In July of 1999 he was charged with mail fraud under 18:1341. After fighting it for a while he returned to India without settling the case. The most recent Docket entry shows charges for fleeing and making threatening remarks (18:1073 and 875c)... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 23, 2020

more info needed.

chances are that there is still a bench warrant for is arrest in the system and he would be arrested upon trying to enter.

mail fraud is a serious case and I would suspect he would not be released with a low bail or any bail.

since he didn't show once,...
Read more »

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