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California Immigration Law Questions & Answers
1 Answer | Asked in Divorce and Immigration Law for California on
Q: If I marry a man whom has dept bills from his previous marriage, divorced in 2012 can those collection agencies,

Come after property that's in my name?

Kevin L Dixler
Kevin L Dixler answered on Jan 15, 2022

This is a collection and marriage based question that has less to do with immigration unless he will petition you and you may need a joint sponsor.

It will depend upon your State’s credit card laws concerning debt.

2 Answers | Asked in Immigration Law for California on
Q: Can breach of contract be a reason for revocation of green card?

I am an RN who was petitioned by an employer. My green card has already been issued. I resigned after 6 months of being employed with them due to unhealthy work environment therefore resulting to breach of contract and some penalties that I am willing to settle. Will breach of contract be a reason... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 13, 2022

It is unclear whether the employment contract is enforceable as a matter of Federal immigration and labor law. There is sometimes confusion in local courts. You were lawfully admitted based upon a position. The position was offered to you for an indefinite period of time based upon a shortage of... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: Filed asylum on 10/20/2005. Case is administratively closed. Do I qualify as: alien whose deportation is being withheld?

An alien whose deportation is being withheld under § 243(h) of such Act [8 U.S.C. 1253] (as in effect immediately before the effective date of § 307 of division C of Public Law 104–208) or § 241(b) (3) of such Act [8 U.S.C. 1231 (b)(3)] (as amended by § 305(a) of division C of Public Law 104–208)

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 11, 2022

Your entire immigration court procedural history must be examined by a licensed professional in order to advise you accurately.

1 Answer | Asked in Criminal Law and Immigration Law for California on
Q: Is there a preliminary background check before uscis sending the I-751 receipt notice with the 24 months extension?

Conditional permanent residents who properly file Form I-751 will receive a receipt notice that can be presented with their Permanent Resident Card, as evidence of continued status for up to 24 months past the expiration date on their Green Card, while their case remains pending with USCIS.... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 8, 2022

Before approving that extension of the green card, or removal of the conditions in LPR there will be a background check prior . When you face a federal indictment or pending criminal case that will affect that extension of the lawful status 100%.

2 Answers | Asked in Immigration Law for California on
Q: I’m in f1 visa , and I can ave no intention to go university, is that a problem if I start asylum issue without going un

I really can’t go back to my country because I have some serious problems affect on my life

Kevin L Dixler
Kevin L Dixler answered on Jan 7, 2022

Yes, you were lawfully admitted, so that you can go to the University or School that provided the I-20 form. You have one year from your admission into the U.S. to properly file for asylum. Serious problems may not be enough. You must demonstrate to the satisfaction of U.S.C.I.S., not your... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: How long does the process of a US visitor visa take?
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Jan 4, 2022

The processing times are varying widely now. There are reports of persons getting visitor's visa interviews set for 2023. If you have a medical emergency the situation might be examined with some urgency and early dates set. Good luck.

2 Answers | Asked in Immigration Law for California on
Q: I'm currently on O1-A and would like to apply for a GC. Do I have to apply for a new I-140 (EB-1)?

Also, my O1-A is due for renewal in four months. Do I need to renew my O1 before applying for EB-1?

Samuil Buschkin
Samuil Buschkin answered on Jan 1, 2022

If your status is current you can apply from within the US.

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1 Answer | Asked in Criminal Law and Immigration Law for California on
Q: I’m under investigation in usa. I am in a different country right now. There’s no charge yet. Detective will be aware?

I’m under investigation in usa. I am in a different country right now. There’s no charge yet. Detective will be made aware that I entered the USA? Can the cops at port of entry arrest me? I am not aware of anything that the allegations could be like.

Dale S. Gribow
Dale S. Gribow answered on Dec 27, 2021

Much more info is needed.

I suggest you consult you set up a consultation with a local criminal atty and explain all the facts.

If there is no warrant I would not expect you to be stopped.

However, without knowing the facts it’s difficult to say.

2 Answers | Asked in Criminal Law, Federal Crimes and Immigration Law for California on
Q: Can I travel to US while under criminal investigation in US as a non immigrant on H1B visa?

I got to know that I am under criminal investigation in USA. Investigation started while I was outside the USA and traveling in a different country . If I travel now, will there be an arrest at port of entry?

Dale S. Gribow
Dale S. Gribow answered on Dec 23, 2021

i am not an immigration lawyer and would suggest you contact a local immigration lawyer for guidance.

from a criminal standpoint, if there is a decision to file, it will be filed as a bench warrant. Thus, when anyone checks they will see it and you will be arrested.

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1 Answer | Asked in Immigration Law for California on
Q: Would there be any issue with immigration in the US for my parents?

My parents are planning to visit the US (they have a B2 visa). They will be staying here with me for a couple of weeks and then will leave for Canada (they have a Canadian visit visa too).

Another question I have is, My parents will stay in Canada for 3-4 months and then visit me again for... Read more »

Agnes Jury
Agnes Jury answered on Dec 22, 2021

It is always the discretion of the Border Patrol Officer to determine whether a foreigner applying to enter the US should be admitted under the requirements for the visa category that the foreigner has at the time of the application for admission to the US. So for a tourist (among other general... Read more »

2 Answers | Asked in Immigration Law for California on
Q: Rcvd a new I797C form that has an “A” num by the beneficiary name. The original did not. Is this good news?

I submitted a I-129F K1 Fiancé petition on 04/26/2021.

I received a I-797C Receipt form dated 05/07/2021 from the California Laguna Nigel office with no instruction, no “A” number for the beneficiary, no priority date.

I requested a new Receipt form stating it was missing... Read more »

Agnes Jury
Agnes Jury answered on Dec 6, 2021

The assignment of an A# does not mean that the petition will be approved. Best wishes!

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2 Answers | Asked in Immigration Law for California on
Q: 13-1805.MI 13-3904A Buenas tardes estos cargos me pueden afectar para tramite de visa?

Estoy pagando aun pero si deje de dar los pagos y ya volví a hacerlos

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 16, 2021

The site is designated for American attorneys licensed in the United States. Although some of such professionals may speak and write in perfect Spanish language, for better efficiency and legal acumen, please state your issue in English (or ask someone who knows English) to state your legal issues... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: Filing 485 with two I -140s

My I140 is dated June 2013. But due to change in my role at the same employer, a new PERM process was initiated in July 2021. The new process is in PWD stage. Now with the latest visa bulletin, my date of fling has become current ( June 2013). So can I file 485 based on the original i-140 or do I... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 15, 2021

The most legally prudent approach to that matter would be working with the assigned or retained Immigration Attorney licensed to practice law and intimately familiar with old case procedural history, documents, bona fide evidence, and correspondence.

2 Answers | Asked in Immigration Law, Civil Rights and International Law for California on
Q: If you help someone from another country come to the U.S., are you responsible for them in a monetary way?

For example, if you sign a visa for them to come visit, or if they want to live here and not just visit, is there a way to help them, and if you do, are you responsible in any way for them for life?

Kyndra L Mulder
Kyndra L Mulder answered on Nov 12, 2021

If you have completed a financial affidavit on behalf of the alien you are responsible for that person to a limited extent.: USCIS.gov/I-864 and USCIS.gov/I-134 is where you can find the forms and an explanation of your responsibility if you sponsor someone.

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1 Answer | Asked in Immigration Law for California on
Q: I was deported voluntarily August 2009 for 10 years. . What is my best option for reentry to the United States

I've been married to my wife who is a US citizen for 25 years I have two children with her both also born in the US and also I have a felony drug charge on my record from 1992 prior to my marriage I got married in 1995 September 23

Kyndra L Mulder
Kyndra L Mulder answered on Nov 7, 2021

Whether you are eligible for an immigrant visa through your wife or you remain inadmissible requires additional information. Some drug convictions became permanent bars. I suggest your wife consult with an experienced immigration attorney on your behalf.

1 Answer | Asked in Immigration Law for California on
Q: Currently I am working in US on STEM OPT. Can I move to india & work remotely for the same org with US based salary?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 4, 2021

The same question comes in with the frequent regularity. That plan actually runs off all of the terms and conditions of that professional training and conditions of that professional training in the United States so to put it in perspective one cannot sit on two chairs at the same time.

3 Answers | Asked in Immigration Law for California on
Q: How long until I can apply for citizenship after being married to a United States citizen

I’ve married a US Citizen and I barely got my permanent resident card in July 2019

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Oct 28, 2021

Hello,

You can apply for your citizenship after three years of marriage.

Good luck

Nadine

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1 Answer | Asked in Immigration Law for California on
Q: I filed an affidavit of support for a family member. It has not been approved yet for a visa. How can I withdraw support
Tia L. Smith
Tia L. Smith answered on Oct 27, 2021

You must contact the USCIS office that is adjudicating the petition. Write a letter expressing your desire to withdraw your I-864. Send it express mail with tracking, and be sure to include the full name of the beneficiary you are sponsoring and the recipient number for the I485 application (if you... Read more »

2 Answers | Asked in Immigration Law for California on
Q: Can my daughter acquire citizenship?

I am a Us citizen by birth and the biological mother of a 20 year old girl born abroad that currently has a pending file I130, once the green card is approved can she apply citizenship through form n-600? I was married to her biological father (noncitizen) before she was born. I was not in the US... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Oct 27, 2021

That is a complex set of questions. You should see an immigration lawyer to discuss these more carefully. Justia has a directory of lawyers and you can also check www.aila.org, which is the American Immigration Lawyers Association.

Good luck.

Nadine

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1 Answer | Asked in Employment Law and Immigration Law for California on
Q: Can L1B continue working after receiving H4 receipt, but H4 approval process in transition?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 26, 2021

What does the company's assigned immigration counsel recommend you do next?

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