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California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: I got married after the N400 interview but before oath ceremony

I am due for oath ceremony next week. However, i am a bit nervouse because I got married outside US and travelled outside the country for a month after the N400 interview. Will these 2 thing cause an issue at oath ceremony?

Svetlana Kats
Svetlana Kats answered on Dec 10, 2019

Don't be nervous, your travel and marriage should not affect your oath ceremony, just disclose it truthfully on the application form that you should fill out before your ceremony. Congratulation on your upcoming naturalization!

1 Answer | Asked in Immigration Law for California on
Q: My wife entered the country with a tourist visa when she was 14 and overstayed. (Please read below for more details)

She went to high school/college and all in the states. I married her last year (us citizen) and had a few questions on the options we have on changing her status. I’m aware I can sponsor her as a relative but the confusion I have is that she has overstayed multiple times. Although Each time she... Read more »

Amanda B Cook
Amanda B Cook answered on Nov 25, 2019

You need to create a complete timeline of every entry and exit. Then you need to gather all of the old passports she still has in her possession. Take the timeline and the passports to an immigration attorney for a consultation. I highly recommend you have an actual attorney review these documents... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Who do I have to inform if I get married in the UK but I live in USA (DV Green Card holder)?

I am a DV Green Card holder (since July 2018) and I am getting married to my Indian fiance in Jan 2020 in London, UK. Who do I have to inform in the USA that I have gotten married?

Amanda B Cook
Amanda B Cook answered on Nov 20, 2019

The facts that you have given beg more questions. Are you planning on living with your spouse in the UK? You could be in danger of abandoning your residency. You really need to speak with an experienced immigration attorney who can ask you the appropriate questions to make sure that what you're... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Can non-citizen open a dance studio or a cafe in US without working authorization?

or how to obtain a working authorization for self-employed business?

I am on F1 right now and my fiance wants to open a dance studio

Kevin L Dixler
Kevin L Dixler answered on Nov 19, 2019

It is a violation of immigration law to live and work on a non-immigrant student visa without work authorization in the forms allowed. Speak with your International Student Official at the school. If confused, seek an appointment with a competent and experienced immigration attorney before there... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I recently got my green card through EB2-NIW. Can I accept part time jobs while keeping my full-time I-140 employment?

I got my NIW green card. I have been a postdoc for 2 years doing research full time. I am planning to keep doing my postdoc and would like to do some part time jobs. Is it going to be okay? I am asking this because it is recommend that the applicant does not change his/her job for at least 3 months... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 18, 2019

If you are not leaving the employer through whom you got the green card, that shouldn’t be an issue.

1 Answer | Asked in Immigration Law for California on
Q: Hello,  I'm a conditional green card holder and unfortunately I have recently been involved in a petty theft crime

My green card along with other personal items were in my wallet at the time of the theft. The issue is that my green card expires in March of 2020 and I'm not sure if I can use the I-90 form in my case. 

What can I do to move forward?

Hector E. Quiroga
Hector E. Quiroga answered on Nov 18, 2019

You are almost to the 90-day window for filing the I-751.

You can file the I-90 based on lost/stolen card, but you will be able to, probably a month later, file the I-751. Depending on your circumstances, you might want to just wait.

2 Answers | Asked in Immigration Law for California on
Q: Hi My Ead clock stopped 15 day after that not running what is the reason ?

Hi My Ead clock stopped 15 day after that not running what is the reason ?

My clock stopped in may 2018 but now I already went in court November 2019 for my master hearing but now also my clock stopped not running same 15 days.. and my individual date in June 2020 

Now what I do... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Nov 15, 2019

Dear Asylum Applicant,

I am sorry to hear about your asylum clock issue. If you believe that your asylum clock was stopped in error you should contact the court administrator where your removal proceedings are pending and inquired about the issue. They will be able to tell you what's the...
Read more »

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1 Answer | Asked in Immigration Law for California on
Q: Will my unmarried daughter be able to travel with me when the priority date becomes current?

My sister is a US Citizen. She sponsored me for the I-130 F4 immigration visa Category. My daughter was 14 years of age at the time and therefore was a derivative of myself. She is currently 26 years of age and my priority date is soon to be current. The I-130 application was filed on December 2007... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 12, 2019

Under the Child Status Protection Act (CSPA) it would appear that your daughter will have aged out and not be able to benefit from your sister's petition. The calculation works as follows:

Take the child's age at the time that the Immigrant Visa becomes available (meaning the priority...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: Can beneficiary be a pending asylum applicant on I 130 ?
Carl Shusterman
Carl Shusterman answered on Nov 3, 2019

Yes, a spouse or other relative may sponsor the asylum applicant by filing form I-130. Please see

https://www.shusterman.com/greencardsthroughmarriage/

https://www.shusterman.com/greencardsthroughrelatives/

https://www.youtube.com/watch?v=Kf97TFtMUdA...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: My son is under DACA since the program comes in effect. He fell in love and married his girlfriend who is a US citizen .

He fell in love and married his girlfriend in January 2019. In March he filled out and sent an application for change of status. He send with the documents all the corresponding payments. Until this day he has not received any response. He called the immigration offices and they have told him... Read more »

Kevin L Dixler
Kevin L Dixler answered on Oct 13, 2019

Immigration law and the process is a complicated system. Many are disqualified and denied as a matter of law. Some forms are lost without additional forms, such as a G-1145 to try to secure proof of receipt. However, there are other means to track down files.

As a result, I strongly...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: Hi there, my case was just denied Form I-140, after an RFE on my EB1 visa. Can I go home to my own country now?

I have been waiting in the USA due to not being able to leave after getting an RFE, but now that I see my case was denied yesterday on the https://egov.uscis.gov website, does that mean I can just go home? Or do I have to wait for their official letter?

Kevin L Dixler
Kevin L Dixler answered on Oct 12, 2019

It is best to understand the consequences of the decision. You may never qualify for a non-immigrant visitor visa, or other non-immigration visa, if you’ve demonstrated immigration intent. There may be other concerns that such a departure can trigger.

As a result, I strongly recommend an...
Read more »

2 Answers | Asked in Immigration Law for California on
Q: If there's deliberately incorrect info on a marriage license used for a green card, does that invalidate the green card?

My father secretly married a foreign woman in the US while living with another woman in the house where the foreign woman said she was living on the marriage license. Would that invalidate the marriage license? I'm asking because I'm worried that she's scheming to divorce him and take half his... Read more »

Kevin L Dixler
Kevin L Dixler answered on Oct 11, 2019

It’s more complicated than that. It ‘appears,’ unless he is lying, that he ‘was not’ or ‘is no longer’ in love with this so called manipulative woman. Some men lie about past relationships gone bad.

It also appears that he does not plan to share his life with her, nor does...
Read more »

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1 Answer | Asked in Immigration Law for California on
Q: Correlation between visa security checks and I485 security checks for common name?

Hello,

Is there a correlation between how long a security check would take for a non-immigrant visa (consular processing) vs adjustment of status while in USA (I-485)? I waited for my F1 visa for 10 months years ago due to my common name and just wondering if I should expect a similar delay... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 9, 2019

It is unlikely, since you have already been admitted to the US, and you say that you waited for F1 approval “years ago”. Having said that, depending on what country you are from you might still be subjected to significant scrutiny as part of your adjustment of status application, given the... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Could apply for green card lottery be a problem for future visa applications?

Hello, I have the following questions

1. Can apply for a non immigrant or immigrant visa be a problem if I applied for the green card lottery but I wasn’t selected?

2. If I win the Lottery but my petition for obtaining the green card is denied can I apply for a non immigrant or... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 8, 2019

1. A rejected green card lottery application in and of itself will not prevent you from getting a visa in the future.

2. It depends why your green card was denied. If it was denied because of an immigration law violation, then it is unlikely that your application will be approved, no matter...
Read more »

1 Answer | Asked in Criminal Law, Divorce and Immigration Law for California on
Q: Hello, I am so glad I am finally writing this message. I have a very strong case against someone and I need your help

I have a very strong case against someone and need your help please

Dale S. Gribow
Dale S. Gribow answered on Oct 3, 2019

much more info needed.

i handle accidents and DUI in the greater palm springs area........is it that area of law in that location?

prepare a detailed summary so that you can forward it to the lawyer with whom you are going to talk...but not on this open forum that anyone can read.

1 Answer | Asked in Immigration Law for California on
Q: Leaving and reentering the US on ESTA?

Hello, my girlfriend is currently in the US on a J-1 visa. She will be traveling back to Denmark mid October because her J-1 is expiring. She will be visiting family in Denmark from mid October to end of October 2019. She then would like to again visit the US early September 2019. Her ESTA will be... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 24, 2019

If she is subject to the two-year foreign residency requirement, it could. She should check both her visa and with the agency through which she got the visa.

1 Answer | Asked in Immigration Law for California on
Q: Will a lawful permanent resident be subject to public charge determination if receiving SSD benefits ?

What is the status of Category Z2 Green Card holder ?

Hector E. Quiroga
Hector E. Quiroga answered on Sep 24, 2019

Not if the recipient is otherwise eligible for them.

1 Answer | Asked in Immigration Law for California on
Q: I have options but which one is the right one

My mother brought me into the US illegally when I was 5 months. We stayed here, never left. She submitted a u visa in 2017. But I had a son last year(2018) with a us citizen should getting married with him be a quicker process? I am trying to continue my studies but can’t due to my legal status.... Read more »

Kevin L Dixler
Kevin L Dixler answered on Sep 14, 2019

More information is needed about your boyfriend. He may be disqualified from petitioning you. You may also have to seek a waiver depending upon your age, along with consular processing. That can take time and not everyone who files for a waiver is approved.

In addition, the U visa process...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: trying to get papers through my daughter a U.S Citizen and is 21.

came into the country with a passport but overstayed my Visa, how do I apply for a green card through my daughter who is 21.

Stephen Arnold Black
Stephen Arnold Black answered on Sep 13, 2019

If you entered the US legally, and your daughter is a US citizen then you can file for an immediate relative petition, despite the overstay, provided you do not have any grounds of inadmissibility and you do not travel outside the US prior to getting your advance parole document. Counsel anywhere... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I filed F2A-LPR spouse (Philippines) PD: Nov 6,2018.

I noticed that I didnot include the I130A form and no passport photo. I only attached our marriage certificate and copy of my greencard in my application.

At the same time, the I130form that I submitted indicated expires at 07/2017. Now, I dont know what to do? Do I need to write them a... Read more »

Svetlana Kats
Svetlana Kats answered on Sep 10, 2019

Since you filed an old version of the I-130 application, most likely they will reject ( not deny) your case.

They will return your application and filing fees and will instruct you to re-file using current version of I-130.

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