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California Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for California on
Q: Hi I'm a Guatemalan guy whit no legal status in this country I'm gay and I'm in this country because of discrimination .

How can I apply for asylum?

Where are the pro bono attorneys ?

I'm able to pay easy paymentS... Let me know tks.

Monica E Rottermann
Monica E Rottermann
answered on Sep 21, 2022

In order to qualify for asylum you need to have suffered past persecution or have a well-founded fear of future persecution based on a protected ground (race, religion, nationality, membership in a particular social group, or political opinion). In addition, you have to file for asylum within one... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: Hello, I'm a 20 year old international student on an F1 visa. And I have a question about family preference green card.

My brother, a U.S. citizen, is petitioning for my parents to come to the U.S. The plan was that I get a family preference green card based on the one that they would receive when they arrive. However, with all the NVC processing and COVID delays, the cases got held up for more than two years and a... Read more »

Al Parsad
Al Parsad PRO label
answered on Sep 19, 2022

If I understood your question correctly, your brother has petitioned for your parents when you were under 21, you believe you have acquired F2A status as the result, and you want to know how to maintain that status.

While US citizens can file a petition for their parents (as immediate...
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1 Answer | Asked in Immigration Law for California on
Q: Hello. I was married a foreigner and applied for a green card. Okay e separated and I never followed up with immigration

Now I’m marring again and need to apply for green card for him . How do I know if my previous case is canceled or no

Monica E Rottermann
Monica E Rottermann
answered on Sep 19, 2022

If you submitted the case with USCIS, you should have received correspondence about the case, and if you failed to follow up the case was likely denied or deemed abandoned. If you no longer have the paperwork or do not recall what you received, you can file a FOIA request with USCIS to get your... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I-131 travel document not processed for 1 year? Do we need to return before I-131 is processed?

My parents who are green card holders applied for i-131 travel document in Sept,2021. They finished their biometrics in Oct, 2021 and left the country on Nov,14th 2021.

There has not been an update to the case after the biometric. Do they need to come back to the US by Nov 14th, 2022. Or... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Sep 18, 2022

This is a good question. I'm unsure why the left, because there is no guarantee that the I-131 will be approved and it may be delayed and/or misplaced. However, they must return with the advanced parole. Otherwise, they will abandon the adjustment of status. The delay in their return may... Read more »

2 Answers | Asked in Criminal Law and Immigration Law for California on
Q: I'm a victim of crime i got shot and I was wondering how much money would you guys charge me to get my U visa .

I also have the paper work to start my U visa process how much would you guys charge me to get my U visa at the moment I homeless but I can work something with you guys like payments

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 16, 2022

Most attorneys in California will require money upfront, but some attorneys do take payment plans. I take both; however, at the moment, I am not taking more cases on a payment plan.

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2 Answers | Asked in Criminal Law and Immigration Law for California on
Q: I'm a victim of crime i got shot and I was wondering how much money would you guys charge me to get my U visa .

I also have the paper work to start my U visa process how much would you guys charge me to get my U visa at the moment I homeless but I can work something with you guys like payments

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 16, 2022

A foreign national who is a victim of a violent crime and assists the police with an investigation to apprehend the suspects will qualify for a U visa leading to a green card. You should retain counsel anywhere in the United States for legal representation for your case.

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1 Answer | Asked in Immigration Law for California on
Q: Filed I-131, it was accepted and fee taken. Have not received biometrics letter but status is updated fingerprints taken

Does this mean they are using biometrics from a previous application and I do not need to wait for a biometrics appointment before leaving the US?

As of September 6, 2022, fingerprints relating to your Form I-131, Application for Travel Document, Receipt Number xxxxxxxxxx, have been applied... Read more »

Agnes Jury
Agnes Jury
answered on Sep 9, 2022

Most likely yes, but you should have received a notification from USCIS letting you know that they are going to re-use your previous biometrics info. Check the notices you received. Best wishes!

2 Answers | Asked in Employment Law and Immigration Law for California on
Q: I have a friend whose from Spain and he was brought over by them to work here but things aren’t working out and he would

Like to stay here, so he’s done officially in two weeks and his boss is threatening to report him to go back? What are his options and is this legal? Nothing on the contract says him to go back, also when he was a j1 worker prior he has stubs of them not paying him ot hours and no records of... Read more »

Brad S Kane
Brad S Kane
answered on Sep 9, 2022

If your friend was not paid wages, he can still legally collect them. He should speak with an employment lawyer. Most provide free consultations.

You would have to ask an immigration lawyer whether your friend can legally stay and work in the U.S.

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1 Answer | Asked in Family Law and Immigration Law for California on
Q: I'm a U.S citizen. Can I get married at 16 without parental consent out of the US?
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 5, 2022

That would depend on the country in which you are marrying in. However, most states would recognize the marriage as valid if it is lawfully entered into in the jurisdiction in which you got married in.

1 Answer | Asked in Immigration Law for California on
Q: Can I apply for a cr-1 visa while applying for L1 visa at the same time?

In case the CR-1 visa is in progress, can my company still apply For L1 visa for me? Will the cr1 visa be cancelled?

Carl Shusterman
Carl Shusterman
answered on Sep 4, 2022

Because an L-1 is a dual intent visa, you can apply for an L-1 visa while your application for a green card through marriage is pending.

An L1 visa is for a person who works for a company with a parent, subsidiary, branch or affiliate in the United States. These persons come to the US as...
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1 Answer | Asked in Divorce, Family Law, Immigration Law and Domestic Violence for California on
Q: My wife left the house & ghosted me, How do I know If my wife is keeping the baby or not. We have been separated before!

I live in CA & is currently on a work visa. I got married in May 25,2021 in Bangladesh and came to USA shortly after that(Just me). My wife came to the USA January 2022 on F2. After a month of being together she left the house following 3 day argument which turned ugly. She filed a restraining... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 29, 2022

You could file a parentage action; open a case, in anticipation of the birth, and request custody/visitation orders along with order establishing you as the legal father.

1 Answer | Asked in Immigration Law for California on
Q: My father is a u.s citizen. He just petitioned for me and my brothers for i-130. how long till we get the green card?

P.S: We are currently all in the U.S (California) legally. Under asylum which has been already denied but under appeal hearings which takes forever of course.

Monica E Rottermann
Monica E Rottermann
answered on Aug 24, 2022

For processing times for I-130 petitions you can check the USCIS website here: https://egov.uscis.gov/processing-times/

In terms of how long it is going to take for a visa to become available for you and your brothers that depends on your ages. If you were all under the age of 21 when the...
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1 Answer | Asked in Immigration Law for California on
Q: Name change after marriage during Oath Ceremony. Should I change my name?

I am a permanent resident of the USA since 2016( this is not marriage based).

I am married in 2019 and I applied for US Citizenship in Jan 2022. 

Till now I have not changed my name, also while filling the N-400 I used my original name(the name before marriage). 

My... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

Up to you. During the interview you may elect to select any name you like.

1 Answer | Asked in Immigration Law for California on
Q: Middle name change after marriage, Should I do it?

I am a permanent resident of the USA since 2016(it's not a marriage-based green card).

I am married in 2019 and I applied for US Citizenship in Jan 2022. 

Till now I have not changed my middle name, also while filling the N-400 I used my original name(maiden name). ... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

During an N-400 interview you may legally change your first and last name to anything you like, however, take notice that you would need to ensure that all your prior legal documents are in conformance with your selected legal name.

1 Answer | Asked in Immigration Law for California on
Q: What kind of immigrant visa should we file for if we have no family in US?

Hello

We are family of 4, two babies aged 8 month and girl aged 3 years. My husband is 31 and I'm 24. We curently live in Croatia and own our own company here. Right now we are working on our plans to move to California. In San Jose, CA, we have alot of friends. They are ready to file... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 19, 2022

Explore the possibility of obtaining an E2 investor visa. If you invest in a business, and can establish that the cash flow from that business can support you and your family members, then you all can stay in the United States indefinitely by renewing the E2 visa every two years. Croatia ,I... Read more »

1 Answer | Asked in Immigration Law for California on
Q: How to add a second/ new joint sponsor on CEAC, already have one but visa office during interview said need a new one
Monica E Rottermann
Monica E Rottermann
answered on Aug 2, 2022

You should follow any instructions that the consular officer gave to you, as sometimes they request that the documents be mailed to them and if that is the case they usually send an email with instructions and a courier label for mailing. I believe once the DS-260 and all documents are accepted by... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I want to find out if theres a way to get a personal review from Homeland security and FBI from someone who is in Mexico

i've been told it as to be in a sheet since they aren't here to get the digital one, but i am having a problem since my mom's fingerprints are hard to read and they have sent them back many of times. We started this process over 2.5yrs ago and still haven't been able to start... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Aug 2, 2022

To request your mom’s A-file from either USCIS (immigration service) or EOIR (immigration court), you can file a FOIA request, which does not require fingerprinting. In addition, if you know any dates that she was caught by U.S. Customs and Border Protection or Immigration and Customs... Read more »

2 Answers | Asked in Immigration Law for California on
Q: Hi there. My parents got offered PD, my question, can I apply for their green card once I obtain my citizenship?

My parents applied for asylum 9 years ago when we first came to the US. We came with visit visa and never left. I got married to a citizen and just got my green card. In three years I will be a citizen and my question is can I apply for my parents green card if they have PD? I need to learn if... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jul 30, 2022

By PD, I presume you mean prosecutorial discretion. If so, you should be able to file for your parents once you become a USC.

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1 Answer | Asked in Immigration Law for California on
Q: Can we back out of being a sponsor for someone to be a US citizen. They are still waiting for the interview

We signed paperwork with our finances 3 years ago. She is still waiting to go for her interview. ( She has been living in the U.S. since she was a child. She is in her 40's now) Now they are wanting out finances again. Can we change on minds to NOT to sponsor her? If so, can she sue us? For... Read more »

Carl Shusterman
Carl Shusterman
answered on Jul 27, 2022

A person seeking to become a US citizen does not need a sponsor.

If she is seeking to become a green card holder, and you have submitted an affidavit of support, you can withdraw your affidavit. She cannot sue you if you do so.

For more information, please see...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: Undocumented friend got sent a jury duty notice. Worried he will get into deportation problem if he puts non citizen.

What next? How does this even get sent to him if he isn’t a citizen. Just want clarity on the next steps to take

Carl Shusterman
Carl Shusterman
answered on Jul 27, 2022

There is no harm if he answers that he is a non-citizen. This does not means that he is undocumented and subject to deportation. Non-citizens include green card holders and persons who have temporary visas. Even some U.S. nationals are non-citizens.

For more information, please see...
Read more »

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