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California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: I have a B1/B2 visa with an I94 date of April 15. What if I cannot leave the country because of COVID-19 issues?

I can stay in the US on my B1/B2 Visa for 6 months. I am having travel issues because of the COVID-19 pandemic. I am supposed to leave on April 15 - I have a ticket for April 14th but transportation has been shut down in Ukraine and I cannot leave the US. What is my best course of action?

Adan Vega
Adan Vega answered on Apr 4, 2020

If your visitor status is due to expire this month and you are unable to timely depart due to the COVID -19 health crisis, you can request an extension of your status by filing FORM I-539 with USCIS. You will need to include documentation of the reasons of your inability to travel abroad.... Read more »

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: If I Receive unemployment benefits on Green card, does this affect on my US citizenship or naturalization approval?

I have got Green Card in 2017. Last month I lost my job due to Covid-19 lock down and want to apply for the unemployment benefits. Am I eligible for applying CA state unemployment benefits?

I am going to apply for US citizenship in 2022. Will these factors affect our becoming the US... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 3, 2020

Unemployment benefits are not considered under the public charge rule. Further, the public charge rule doesn't apply to naturalization. It will only apply if you travel outside the US for 180 consecutive days and return.

2 Answers | Asked in Immigration Law for California on
Q: Does the Public Charge test affect those seeking COVID-19 screening, testing, and treatment? If so, how?

Hello, my name is Citlaly Santos and I work for CenCal Health, which is a California local health plan that administers benefits to Medicaid recipients living in Santa Barbara and San Luis Obispo Counties. We are receiving questions from people who are worried about seeking COVID-19 related... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 3, 2020

Take a look here: https://www.uscis.gov/greencard/public-charge

At the top in the gray box is about Covid-19. It says "Such treatment or preventive services will not negatively affect any alien as part of a future Public Charge analysis" and further "The Public Charge rule does not restrict...
Read more »

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1 Answer | Asked in Immigration Law, Health Care Law, Public Benefits and Social Security for California on
Q: Permanent resident can't receive CalFresh not cash assistance?

My GF has had applied for CalFresh assistance and just has received a phone call from the worker asking all sorts of questions.

According this worker, they expect that GF would supply details about how she had obtained the green card many years ago, along with detailed information about her... Read more »

Kevin L Dixler
Kevin L Dixler answered on Apr 1, 2020

She only needs to provide proof of lawful permanent resident status by way of her alien number. Perhaps, she can also show a copy of her ‘valid card.’ She has no other status, so other questions seem irrelevant, perhaps, unless this concerns more, which seems questionable.

Any other...
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1 Answer | Asked in Immigration Law for California on
Q: Hello, I have question about visa and green card

I am currently in USA as a Aupair on j1 visa and I want get married with my boyfriend, is it okay to cancel my work and wait until courthouse reopen and than get married? Will I have any problems with government like if they will kick me from country? Or some problem with getting my green card?

Joseph Gerard Cella
Joseph Gerard Cella answered on Apr 1, 2020

Hi. Thank you for contacting Cella & Associates with your immigration inquiry. As long as there is no two-year foreign residency requirement associated with your J-1 status (which their shouldn’t be), and if he is a US Citizen, you should be fine. You should have a consultation with an... Read more »

2 Answers | Asked in Immigration Law for California on
Q: I filed for marriage based green card in December - should I file the I-944, bring it to the interview or not at all?
Adan Vega
Adan Vega answered on Mar 31, 2020

The FORM I-944 is required for all applications for adjustment of status filed after February 24, 2020. If you filed the FORM I-485 prior to that date , the FORM I-944 is not required.

If you wish to prepare and file the FORM I-944 in your case you are submitting a form with USCIS that is...
Read more »

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1 Answer | Asked in Immigration Law and Tax Law for California on
Q: If I claim my retired mother on my taxes, will it affect her citizen application? I pay more than 50% of her expenses.
Adan Vega
Adan Vega answered on Mar 26, 2020

If you have named your resident mother as a dependent in your federal tax return, she is not disqualified and barred from applying for naturalization.

Good luck to you.

1 Answer | Asked in Immigration Law for California on
Q: Hello, I have a Green card can i get my son a green card too? (Please read the details there’s more)

My son is 16 years of age, he entered the us with a tourist visa and he didn’t go back, he entered through the border line us-Tijuana he was checked by border patrol, He was born in Mexico, is it possible for me to get him a a green card? And what do I have to do to get him one?

Myron Morales
Myron Morales answered on Mar 26, 2020

He will have to Consular Process abroad with a waiver unless you become a citizen first.

1 Answer | Asked in Immigration Law for California on
Q: I am a US citizen and immigrated as a child in the 90s. My Colombian documents have 2 last names and my US docs have 1.

In Latin America, people generally have two last names in legal documents. One from the mother and one from the father. When coming to the US as a child, where people have one last name, my second last name 'dropped' and all my US documents have only the first last name. I was a kid and certainly... Read more »

Adan Vega
Adan Vega answered on Mar 25, 2020

You need to track your legal name from the issuance of your birth certificate to the time that you obtained your naturalization certificate. You may have changed your name at the time of naturalization by excluding one of your surnames. That is the evidence that you can present to USCIS.... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Hello, this is my situation I have a green card, I was wondering what do I have to do in order to get my son one?

My son is 16 years old, and he’s in the United States he entered with a tourist visa and he didn’t go back, what do I have to do in order to get him a green card?

Adan Vega
Adan Vega answered on Mar 25, 2020

As a resident you can file the FORM I-130 on behalf of your son if he is unmarried. He will not be able to adjust status with USCIS if he is no longer in lawful status. However, if you obtain U.S. citizenship he can adjust status prior to reaching the age of 21.

1 Answer | Asked in Immigration Law for California on
Q: Hello, this is my situation I have a green card and I want to know if I can get my son one and what do I have to do.

My son is 16 years old he is in the us already he entered with a tourist visa and he didn’t go back he and I are Mexican, is it going to be hard and what do I have to do?

Stephen Arnold Black
Stephen Arnold Black answered on Mar 25, 2020

You may have a pathway for him to become legal. Discuss your situation in a private phone consultation with counsel to explore all options. An attorney anywhere in the USA can represent you.

3 Answers | Asked in Employment Law, Immigration Law and Public Benefits for California on
Q: Can illegal immigrants apply for unemployment? If not, what other solution is there?

Due of the corona virus, people are being let off from work, including illegal immigrants. Because of this, can they apply for unemployment? If not, what other solution is there for them to receive money or aid from the government? What can be done when bills and rest must still be paid and food... Read more »

Kevin L Dixler
Kevin L Dixler answered on Mar 24, 2020

You will have to consult with a state unemployment lawyer or the California State forms. Some are disqualified because they use fictitious identities.

Many states treat unemployment insurance as an entitlement. That is, both you and your employer pay into the program. It is a form of...
Read more »

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3 Answers | Asked in Immigration Law for California on
Q: In the US on ESTA with American husband – can we petition and apply for adjustment of status while here - due to corona?

I'm a Swedish citizen living in London with my American now husband. We've been living together in Sweden and the UK for over 5 years, and just got married a month and a half ago in Sweden. We're in the US temporarily to visit family, before heading back to London to start the immigration process... Read more »

Amanda B Cook
Amanda B Cook answered on Mar 24, 2020

While I can't give you any advice on what your best course of action is personally about travelling or rescheduling your event, I don't believe anyone in your specific situation will be eventually punished due to US immigration regulations for sheltering in place as ordered. So you can at least... Read more »

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2 Answers | Asked in Immigration Law for California on
Q: I, an u.s. citizen brought my mom with "visitor for pleasure" visa will expire on 05/07.

My mom is 90 years old. Can i go to U.S. Citizenship and Immigration Services (USCIS) website to apply for extension for her due to current travel restriction? Thanks

Ricardo Tapia
Ricardo Tapia answered on Mar 23, 2020

Good evening,

You should file for an extension as soon as possible considering the current situation with the virus covid-19.

Thank you,

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3 Answers | Asked in Immigration Law for California on
Q: My mom is a Taiwanese. I brought her to the U.S. last November after my father passed away. Her visa will expire soon.

Could her visa get extended due to Coronavirus situation we're facing now? (she is 90 years old.)

Thanks,

gina

Stephen Arnold Black
Stephen Arnold Black answered on Mar 21, 2020

What is your immigration status?

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2 Answers | Asked in Immigration Law for California on
Q: My girlfriend is a UK citizen that is immune compromised. What happens if she overstays her ESTA due to COVID19?
Kevin L Dixler
Kevin L Dixler answered on Mar 20, 2020

She probably won't be allowed to return unless she is able to lawfully immigrate to the U.S. However, she can be barred up to ten years, even indefinitely for certain acts related to unlawful presence and subsequent return. I strongly recommend an appointment with a competent immigration attorney... Read more »

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2 Answers | Asked in Employment Law and Immigration Law for California on
Q: Will applying for unemployment effect my application for citizenship? I have a green card now.
Gunda Yohanna Brost
Gunda Yohanna Brost answered on Mar 20, 2020

If the unemployment is due to the Coronavirus that is highly unlikely to impact your naturalization.

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1 Answer | Asked in Employment Law and Immigration Law for California on
Q: Can I apply for unemployment with a green card?
Gunda Yohanna Brost
Gunda Yohanna Brost answered on Mar 20, 2020

Yes provided you otherwise qualify because you worked legally and it is an earned benefit

2 Answers | Asked in Immigration Law for California on
Q: B1 visa extension due to coronavirus?

I am in the US with B1 visa. I entered in December 2019 and I am allowed to stay until June 2020. Now I am concerned my country (Japan) has many people with coronavirus and the flights per day has reduced.

Is there good possibility to extend my stay ”due to coronavirus”?

Hector E. Quiroga
Hector E. Quiroga answered on Mar 16, 2020

You can request and extension via form I-589.

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3 Answers | Asked in Immigration Law for California on
Q: How Can I help my mom become a U.S citizen ? I'm 26

I really want to help my mother become a u.s citizen. Just dont know what steps to take .shes been here in the u.s for 26 plus years .I just dont want mom getting deported and my lil brother of 11 years to not have my mom here . Also is there an estimate on how much it would be if this was possible?

Svetlana Kats
Svetlana Kats answered on Mar 13, 2020

Hi there! It’s very difficult to evaluate your moms case without more information but since she lived in the US for so long she may have some options:: for example if you are a US citizen you may petition for her to become a legal permanent residency or , she may be eligible for cancellation of... Read more »

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