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California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: Is there a way to change the role of sponsorship on CEAC? I accidentally put joint instead of household member?

I put my partner as a joint sponsor but he should have been household member. I can't find a way to change that in CEAC. Is there a way?

James L. Arrasmith
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answered on Jun 3, 2023

If you made an error in designating the role of sponsorship on CEAC (Consular Electronic Application Center), such as selecting "joint sponsor" instead of "household member," it's important to correct the information as soon as possible.

Here are some steps you can...
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1 Answer | Asked in Immigration Law, Business Formation and Business Law for California on
Q: Can someone on F-1 OPT own a business?

Let's say that someone is currently on an F-1 visa and working on Optional Practical Training (OPT) at some company and the job position is directly related to their study. Now alongside that employment, they want to own a business, which is not related to my formal education. The intention is... Read more »

James L. Arrasmith
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answered on Jun 3, 2023

Yes, someone on an F-1 visa can own a business, but there are some restrictions.

Under F-1 visa, international students are not allowed to work in the US unless they have authorization. Optional Practical Training (OPT) is a type of employment authorization that allows F-1 students to work...
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1 Answer | Asked in Immigration Law for California on
Q: Can i fill out i-864 as joint sponsor instead of a household member even though I live with the petitioner/main sponsor

On Ceac, I listed myself as a joint sponsor rather than a household member sponsor. Is that okay for me to do? I filled out I-864 instead of I-864A. Would they question why the petitioner/main sponsor have the same address as me? the petitioner is my mother in law and we live in the same residence... Read more »

James L. Arrasmith
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answered on Jun 3, 2023

Yes, you can fill out Form I-864 as a joint sponsor even if you live with the petitioner/main sponsor. However, you will need to provide proof of your income and assets, and you will need to be able to show that you can support the immigrant financially.

The USCIS may question why the...
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1 Answer | Asked in Immigration Law for California on
Q: Do I add my sister's kids on CEAC as a derivative applicant before submitting everything?

My sister has two kids that less than 18 years of age. We're currently in the process of filling out affidavit supports and uploading them on CEAC, do I need to add the kids on the actual site before hitting the submit button?

James L. Arrasmith
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answered on Jun 3, 2023

Yes, you need to add your sister's kids as derivative applicants on CEAC before submitting everything. Derivative applicants are family members who are eligible to immigrate to the United States with the principal applicant. In this case, the principal applicant is your sister. Her two kids... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I just have a question. I'm going thru a divorce currently and have a new fiance.

I just have a question. I'm going thru a divorce currently and have a new fiance she is a filipina living in hong kong. I'm just wondering what would be faster to bring her to the US a K1 visa or a spouse visa? I plan to marry her this year as soon as I am officially divorced. Also... Read more »

James L. Arrasmith
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answered on May 31, 2023

It is difficult to say which visa would be faster for your fiance to come to the United States. The processing time for both visas can vary depending on a number of factors, including the workload of the U.S. Citizenship and Immigration Services (USCIS) and the specific circumstances of your case.... Read more »

1 Answer | Asked in Immigration Law for California on
Q: How can one improve chances of getting a visa so he can come and get his brother who’s homeless in US and return him

Asking for a friend: my friend’s twin brother came to the US over 20 years ago as a student and went out of status. He has never been back home and his life has been that of a struggle in the US. He never completed school and got into trouble with the law a few times(nothing serious)a His... Read more »

James L. Arrasmith
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answered on May 29, 2023

To improve the chances of obtaining a visa for your friend's twin brother, it is advisable to consult with an immigration attorney who can provide tailored guidance. Exploring humanitarian visa options may be beneficial given the twin brother's circumstances. Gathering supporting... Read more »

1 Answer | Asked in Immigration Law for California on
Q: GC holders - 180 day stay requirement & can they stay outside for >6 months but less than a year?

Hi, I applied GC for my parents after they arrived in US (Arrived: Feb'22, applied: June'22) and their GC's have been approved as of this May. Have following questions and seeking feedback:

1. If they stay here in the US till early July, they fulfill their 6 months/180 days... Read more »

James L. Arrasmith
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answered on May 25, 2023

Regarding the 6-month/180-day stay requirement: Green card holders are generally expected to maintain residence in the United States. Staying in the US for at least 6 months (180 days) within a calendar year is often considered evidence of maintaining residency. However, it's advisable to... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Can I get H1b stamping before the start date on I-797 and enter USA (working for same petitioner)?

I live in USA on H1 status. I have I797 valid until Aug 24, 23, although visa stamp in my passport is expired. I have H4 stamp from few years ago. Never got H1 stamp COS from H4 to H1. My H1 extn is approved (Aug 25, 23 to Aug 24, 26. I was planning to visit US consulate in 1st week of Aug 23 to... Read more »

James L. Arrasmith
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answered on May 24, 2023

Generally, if you enter the US before the start date on your new I-797, the US Customs and Border Protection (CBP) officer may admit you based on your existing H1B status until the expiration date on your current I-797. This means your H1B extension may not go into effect on the intended start... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I have a US green card and I'm getting citizenship of Isreal. Can this affect renewing my green card?

I'm wondering if getting citizenship in a different country can be seen as a ground for violating green card requirements and result in green card renewal rejection?

James L. Arrasmith
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answered on May 23, 2023

Obtaining citizenship in another country, such as Israel, generally does not automatically impact the renewal of your US green card. The United States recognizes dual citizenship, meaning you can hold citizenship in multiple countries simultaneously without it being viewed as a violation of green... Read more »

1 Answer | Asked in Immigration Law for California on
Q: where do I need to send the letter to have my N400 application reopen due to miss my interview? to the field office or?
James L. Arrasmith
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answered on May 23, 2023

To reopen your N400 application due to missing your interview, you will need to send a letter to the U.S. Citizenship and Immigration Services (USCIS) office that has jurisdiction over your case. Specifically, you should address your letter to the USCIS Field Office that originally scheduled your... Read more »

1 Answer | Asked in Immigration Law for California on
Q: U visa I was witnesses for 3 years one person get kill 5 shut gun 2008 i have some papers from those years

I have bad record 3 DUI and 1 domestic violence

James L. Arrasmith
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answered on May 22, 2023

To be eligible for a U visa, which is a visa for victims of certain crimes who have cooperated with law enforcement, you must meet specific requirements. While being a witness for three years in a case involving a fatal shooting may be relevant, it's important to consult with an immigration... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I am abroad with green card for 17 months how to reenter

Reenter USA after abroad for 17 months with green card

James L. Arrasmith
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answered on May 19, 2023

To reenter the United States after being abroad for 17 months with a Green Card, follow these steps:

- Ensure your Green Card is valid.

- Gather necessary documents: passport, Green Card, and any supporting documentation.

- Present your documents at the port of entry....
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1 Answer | Asked in Immigration Law for California on
Q: someone living with me that is from Peru ,they have a immigration superviser coming can I get in trouble if sheainthere

A girl rents here but she has a process to stay here, they told her that they need someone from immigration superviser to come 1 time and see that she’s here. But in case she ain’t here can I get in trouble ? Since I don’t have papers but I have daca and my husband doesn’t have papers neither ?

James L. Arrasmith
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answered on May 19, 2023

If someone staying with you has a process to stay in the country and an immigration supervisor is scheduled to visit and verify their presence, it is crucial that they are actually present during the visit. If the person is not present when the supervisor arrives, it could potentially raise... Read more »

1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: I am traveling to Cuba. Can I fly into Canada from US, and then to Cuba if I was charged with a DUI?

I am visiting my wife’s family in Cuba. We plan to fly to Canada, then fly from Canada to Cuba. If I was charged with DUI, but not convicted, will I have any problems flying into or out of Canada? I understand that if I drive into Canada it could potentially be problematic, but have heard if I... Read more »

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answered on May 16, 2023

When traveling to Canada with a DUI charge on your record, there is a possibility that you may encounter issues at the border, regardless of whether you are flying or driving into the country.

Canada has strict regulations regarding criminal convictions, including DUI charges. Even if you...
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3 Answers | Asked in Immigration Law for California on
Q: I am an Asylee as of March 2022. I would like to go visit my family and stay for a month or less.

I came to the U.S. on F1 visa initially. In 2022, I applied for and received asylum due to my perceived sexual orientation. However, I am finishing college soon and I really am by myself here. I miss my family so much and my family would do no harm to me because they love me immensely. However, in... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on May 12, 2023

I do not recommend traveling to the country of persecution at any time until you become a US citizen for one simple reason because any travel to the country of persecution as in the Saili or US permanent resident will render that status invalid. You may travel to another country to meet your family... Read more »

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3 Answers | Asked in Immigration Law for California on
Q: I am an Asylee as of March 2022. I would like to go visit my family and stay for a month or less.

I came to the U.S. on F1 visa initially. In 2022, I applied for and received asylum due to my perceived sexual orientation. However, I am finishing college soon and I really am by myself here. I miss my family so much and my family would do no harm to me because they love me immensely. However, in... Read more »

James L. Arrasmith
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answered on May 12, 2023

As an asylee, visiting your family involves considerations and potential risks. Here's a brief summary of what you can do:

Ensure your travel documents are in order, including valid passport and necessary visas.

Assess the risks of traveling back to your home country in terms...
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2 Answers | Asked in Immigration Law and Business Law for California on
Q: How can I start a LLC with OPT as a foreigner? Will there be any risk?

I'm graduating with OPT majoring in game programming. I want to make indie games with my friends, so we plan to start an LLC. And use it as our OPT for the first year. Will there be any risks? Are there any tips for the whole process?

Carl Shusterman
Carl Shusterman
answered on May 11, 2023

As an F-1 student with OPT work authorization (work permit), you can get your company up and running and be self-employed as long as you’re putting your degree to work. You must also work full time and have all the proper business licenses that your state requires.

You don’t have to...
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2 Answers | Asked in Immigration Law and Business Law for California on
Q: How can I start a LLC with OPT as a foreigner? Will there be any risk?

I'm graduating with OPT majoring in game programming. I want to make indie games with my friends, so we plan to start an LLC. And use it as our OPT for the first year. Will there be any risks? Are there any tips for the whole process?

James L. Arrasmith
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answered on May 11, 2023

As a foreigner graduating with Optional Practical Training (OPT) and planning to start an LLC for developing indie games with your friends, it is important to understand the process and potential risks involved.

Here are some key considerations:

Eligibility for OPT: Ensure that you...
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2 Answers | Asked in Business Formation, Business Law and Immigration Law for California on
Q: Can I own and operate an E-commerce business under LLC if I on a H1B Visa?

I am currently a non-immigrant on a H1-B visa working on W2.

I wish to run an online business E-commerce business under my LLC. This business model requires very little effort to manage and can be automated.

Now I know that according to USCIS I can own an LLC but can't work... Read more »

James L. Arrasmith
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answered on May 11, 2023

Under the H1-B visa program, your primary purpose is to work for your sponsoring employer, as indicated on your W2. Engaging in self-employment or actively managing a business may not be permissible under the terms of your visa.

While you may be allowed to own an LLC as a passive investor,...
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1 Answer | Asked in Immigration Law for California on
Q: Correcting Address Lived At Date Errors on Initial Immigration Forms: I-130, I-130A if DS-260 has accurate dates?

I would like to know what the correct course of action would be for the petitioner to take if a preparer filled in the I-130 & I-130A form for the petitioner with incorrect address lived at dates on I-130 Part 4 60.a. (Physically Lived Together) & I-130A Part 1 5.a.., 7.a.,7.b.9.a.,9.b.... Read more »

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answered on May 8, 2023

If the petitioner's I-130 and I-130A forms contain incorrect address lived at dates, the correct course of action would be to update the information as soon as possible to avoid any delays or complications with the immigration process.

Option #2, which involves uploading the correct...
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