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California Immigration Law Questions & Answers

1 Answer | Asked in Immigration Law for California on

Q: Im taking my 14 year old cousin to Mexico, he does not have a passport. What do we need to take to cross back safely

Kevin L Dixler answered on Aug 20, 2019

More information is needed. He must have a passport to travel to Mexico, but he must have a U.S. Passport to return.

I strongly recommend an appointment or teleconference before there are any other complications. Good luck.

The above is general information, not legal advice, and...
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2 Answers | Asked in Immigration Law for California on

Q: We signed an affidavit of support for my brother-in-law. He has a temporary green card. He has medical and food stamps.

He applied without letting us know, and he is also scheduled to have surgery. The surgery is not an emergency. Will we be held responsible for the surgery and the food stamps? We live in California.

Kevin L Dixler answered on Aug 20, 2019

This is unclear, but he can ask that the hospital collect from you. The U.S. Government has the right to seek reimbursement from you upon discovery that he lacks medical insurance. However, the government, through the Department of Justice, must decide whether to take action on the affidavit of... Read more »

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1 Answer | Asked in Divorce and Immigration Law for California on

Q: After marring my husband he decided not to proceed with the process of applying for my permanent residence...?

Hello I have been living in the US for almost 10years now. I came in with a k1- fiance visa. I married my husband within the 90 day period. After marring my husband he decided not to proceed with the process of applying for my permanent residence (adjustment of status). We had our 2 children... Read more »

Kyle Persaud answered on Aug 20, 2019

You are the victim of spousal abuse. The Violence Against Women Act (VAWA) will allow you to apply for a green card without your abusive spouse petitioning for you. This process exists so that non-citizens will not have to be dependent on an abusive spouse, in order to stay in the U.S.

To...
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1 Answer | Asked in Immigration Law for California on

Q: HI, I am a green card holder but a citizen through my parents. I want to change my name and gender.

When I was 15, I was naturalized as a citizen through my parents. But I've got a green card. I know for a fact that this is what happens and I don't need a naturalization certificate to apply for a US passport.

But before I apply, I want to change my name and gender. Does this complicate... Read more »

Hector E. Quiroga answered on Aug 19, 2019

You are a citizen; you don’t need a green card. A US passport or certificate of citizenship is sufficient to prove your status.

Changing your name/gender will likely create delays, yes. Make sure all changes are well-documented.

1 Answer | Asked in Immigration Law for California on

Q: Would an expunged "Minor in Possession" of alcohol misdemeanor record be grounds for denying US citizenship?

I received a minor in possession misdemeanor back in college 20 years ago in California and the record was expunged after paying the fine and completing an alcohol education class. Would this be grounds for denying citizenship? (Assuming I state the expunged record on my application). I have been a... Read more »

Hector E. Quiroga answered on Aug 19, 2019

Minor in possession is not a ground of deportability. Twenty years is far outside of the time you must show good moral character (5 years). This should not impact your citizenship case.

1 Answer | Asked in Immigration Law for California on

Q: Hello, I am a green cardholder category IR7 (as of late 2016), how long do I have to wait to apply for citizenship?

When I was 15 years old I got adopted by US citizens. Because my Visa did not show I legally entered the country as a lawful resident, I came in as a tourist then got adopted. I did not automatically get citizenship. It wasn't until I became of legal age that I obtained my permanent resident card.... Read more »

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

If you did not derive US citizenship from your adoptive parents by operation of law, In order to be eligible for naturalization you need to have 5 years of lawful permanent resident status (LPR), show that you have been physically present in the US for at least 2.5 years of those five (this could... Read more »

1 Answer | Asked in Immigration Law for California on

Q: My brother is in F3 category. His priority date is 12/07/2007. Start filling date is now 12/22/2007. What options he has

Which means he can start filing. He also has a visitor visa. Can he come here on visitor visa and file for change of status to get an EAD with AP.

Kevin L Dixler answered on Aug 13, 2019

No, if he does so then he violates the terms of his non-immigrant visa, so he can be summarily removed by the CBP at the airport. Assuming that he arrives, he may experience delays and harassment by USCIS. There may be other issues regarding dependents, among other possible complications... Read more »

1 Answer | Asked in Immigration Law for California on

Q: My girlfriend from China had our first child in China, and we moved them here on visitor’s visa, now our second

child was born. I’m a US citizen, but not legally married to her. What can we do for them to stay?

Stephen Arnold Black answered on Aug 13, 2019

when your girlfriend entered the USA on her tourist visa, did the CPB agent ask her what was the purpose of her visit? If so, what was her response?

1 Answer | Asked in Immigration Law for California on

Q: Unemployed during OPT F1 for over 90 days. Options?

Myself and my wife are Canadian citizens and Green Card holders. Our son is in the US on OPT F1. However he was unemployed for over 90 days while on OPT and is now out of status (for about a month now). Should he leave for Canada, or can he stay if we file sponsorship application for him in 2B... Read more »

Hector E. Quiroga answered on Aug 8, 2019

He must leave for Canada. It will take years under 2B preference category for a visa to become available for him. He is not able to work in this scenario. He might consider another visa type, like TN.

1 Answer | Asked in Immigration Law for California on

Q: I'm a us citizen the girl I'm in luv wit is here with a b2 visa. I want to ask her to merry me. What happens next?

She is only here for 6 months and I cannot lose her. I have found my soulmate. So does she ask for a extension on her visa so we can get married?? or does she have to change her status to the fiance visa? and does she have to go back to brazil until all the paper work is done?? I can't live with... Read more »

Stephen Arnold Black answered on Aug 7, 2019

Retain counsel, who can file a G-28 with USCIS, to handle the case from start to finish. How long has she been in the US for? that's a critical question. Some of us charge a very affordable flat rate fee for cases. Counsel in any state can represent you. Discuss with counsel.

1 Answer | Asked in Immigration Law for California on

Q: F1 visa to EB2

I am on my F1 visa and my former employer applied for my I 140 which got denied (it has something to do with my employer eligibility). Now my current employer is going to sponsor me for my new I 140. Do I have to include my previous work experience in this case? I would want start over without... Read more »

Hector E. Quiroga answered on Jul 31, 2019

The Labor Certification process requires information about previous employers.

1 Answer | Asked in Immigration Law for California on

Q: Freelance Television Producer - can I travel internationally for work with a criminal background? What are my options?

I recently was asked to interview for an international travel show. I have a Misdemeanor Assault conviction - Class A - confined to 8 days time served in September 2013. Should I even take the interview? I don't want to deal with a potentially humiliating situation of being denied entry at an... Read more »

Myron Morales answered on Jul 31, 2019

It depends upon the laws if the country to which you are traveling. Some countries may require that you apply for a waiver in advance of your trip while others may not view the conviction as a ground of inadmissibility.

1 Answer | Asked in Immigration Law for California on

Q: I-751 and N-400 filed and questions related to both

My daughter is on my I-751 petition as a dependent (filed 28Dec 2017) which has not been adjudicated yet

We were not called for biometrics either

I filed N-400 28 December 2017 and did my biometrics January 31st,2019

I was notified yesterday that I was scheduled for... Read more »

Jered Dobbs answered on Jul 26, 2019

Generally the I-751 and N-400 will be adjudicated at the same time in a situation like this. Both will be handled at the N-400 interview.

1 Answer | Asked in Immigration Law for California on

Q: I am on B2 visa which expires on 7/28 shall i have applied for extention of the status to F1 and send i-539a. Shall I s

shall I send separate I-539 for extention of my B2 visa or i can wait legally on pending status until I receive change of status decision from USCIS?

Jered Dobbs answered on Jul 26, 2019

You need to file a separate extension of the B2 as well. Relying solely on the I-539 seeking change of status to F-1 can result in problems because F-1 status can only be granted beginning thirty days prior to your program start date. If 30 days before the program start date is after your B2... Read more »

1 Answer | Asked in Immigration Law for California on

Q: Is the baby who was born right after the mother got a US immigrant visa, need a separate visa?

My family member got a family based immigrant visa while she is pregnant. She is currently unable to travel as she is due to have her baby in a few weeks. She plans to travel to the US with her baby before her visa expires. Does she need a visa for the baby?

Hector E. Quiroga answered on Jul 23, 2019

More than likely, yes. The only way that wouldn’t be true is if the petitioner was the baby’s father, and he is a US citizen. In that case the baby would likely already be a USC through the father.

1 Answer | Asked in Immigration Law for California on

Q: My fiance is in process of Naturalizing. If I get married with her, apply for GC, can she be considered as citizen?

I''m here by Student Visa and she has been a green card holder for 5 years. My visa is expiring and I need to leave the country by October. I know getting married with her when she actually has the citizenship is the best but I'm wondering if during the process of naturalizing can count as a... Read more »

Hector E. Quiroga answered on Jul 18, 2019

Your fiancé will not be considered a citizen until her application is approved. You can marry her before she becomes a citizen. We recommend you talk to an immigration attorney for more details.

1 Answer | Asked in Immigration Law for California on

Q: My daughter was born in Mexico before I became a naturalized us citizen. Will she become a US citizen once admitted?

I got married in Mexico in October 2016 because my wife was pregnant. I then applied the citizenship application. My daughter then was born before i became a US citizen. She was born in April 2017 and I became a us citizen in August 2017 about for months after she was born. Now I petitioned for my... Read more »

Hector E. Quiroga answered on Jul 18, 2019

Your daughter will become a citizen automatically once she enters the US as an immigrant. To get her a US passport, you will need to show that you are a USC, that she is under 18, that she was lawfully admitted as an immigrant, and that she is living with you.

1 Answer | Asked in Immigration Law for California on

Q: citizenship process

Hi i am a green card holder and applied for citizenship on November 2018 and went to fingerprint on december 12/2018, but since that i didn't receive any mail or test date. how long should i wait , how long usually it takes?

Hector E. Quiroga answered on Jul 9, 2019

It depends on where you live. Visit this website to see: https://egov.uscis.gov/processing-times/

1 Answer | Asked in Immigration Law for California on

Q: Is it possible to obtain a US Work Visa by forming a US Corporation and hiring yourself in it as a foreigner?

I would like to know if it is possible to obtain a US Work Visa as a german citizen by incorporating a Company in the United States and hiring yourself as the CEO of that exact same company. Technically that would make you an employee of that company and therefore you should be able to get a US... Read more »

Deron Edward Smallcomb answered on Jul 8, 2019

You need special authorization to hire foreign workers in most cases. There may be other options however. You should contact an experienced immigration attorney to discuss your situation.

2 Answers | Asked in Immigration Law for California on

Q: Can I live in US based on grounds that my entire family is here after my Visa expires

Hi I am currently on h1b and my wife on h4 from India came to US from India on f1 Visa.My parents are permanent resident and I have one Brother who is US citizen through spouse. I don't have anyone back home In India. I have 3 kids all US citizens . I don't have my green card petition filed yet... Read more »

Deron Edward Smallcomb answered on Jul 8, 2019

How old are your children? Perhaps they can apply for you. But as far as just staying because your family is here, without proper documentation, that isn't allowed.

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