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California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: What are the options to change an F2 visa to a work permit one

I am an MBA and mechanics engineering graduate, residing in the US for 2 years, there is a company interested in hiring me. What should I do?

Is there any other option to obtain work permission?

Adan Vega
Adan Vega answered on Feb 24, 2021

You can ask your prospective employer to prepare to file for the H-1B status on your behalf in April 2021. The prospective employer will need to register with USCIS on or after March 3, 2021 in order to be eligible to file the FORM I-129H.

An experienced immigration attorney can assist you...
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1 Answer | Asked in Immigration Law for California on
Q: i was brought here at 9 now im 24 Whats the best way i can get a citizenship? my mother was born in the US we didnt act
Kevin L Dixler
Kevin L Dixler answered on Feb 24, 2021

The question is whether you have already derived citizenship. More information is needed about your mother. I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, like this office, before there are any more complications and confusion.... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Recent situation in Myanmar Military Coup, what could I do if I arrested? I am the US green card holder.

During COVID-19, I can’t go back to US.

Kyndra L Mulder
Kyndra L Mulder answered on Feb 10, 2021

Arrested for what? Contact the United States Consulate nearest you or leave the country.

1 Answer | Asked in Immigration Law for California on
Q: Hello I am planning to marry my boyfriend in Mexico. I would like to know if there is a possibility of him coming here

He has tried to cross the border before and was caught but ask to sign a paper that he voluntarily left the USA.. is there still a chance for me to bring him over here

Adan Vega
Adan Vega answered on Feb 8, 2021

If you are a U.S. citizen, you can file a FORM I-129F petition on behalf of your fiancé. Your fiancé can then apply for the K-1 visa at the U.S. consulate after USCIS approves the petition.

If you travel to Mexico and marry, then you will have to file the FORM I-130 relative petition...
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2 Answers | Asked in Immigration Law for California on
Q: Hi I am on an F2 Visa. There is a small company willing to hire me, how can I change mine to a work permitted visa?

I have MBA degree and 3 years experience in related work

Adan Vega
Adan Vega answered on Feb 6, 2021

If you can obtain a job offer that requires your degree then the prospective employer can file for an H-1B status with USCIS. The prospective employer will have to commence the process as soon as possible in order to timely file the petition this year.

An experienced and qualified attorney...
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1 Answer | Asked in Employment Law and Immigration Law for California on
Q: Can I apply for jobs after grace period since I have a valid H1B?

My H1b is valid till 2022. I lost my job few months ago and my 60 days grace period is over.

My spouse is on H1b so i applied for Change of Status to H4 and a H4 EAD.

But since I have an H1B, Can I still interview for jobs and ask the company to apply for a H1B transfer and... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 29, 2021

Just because your H1B has a 2022 expiration date, that does not mean it is still valid. Such visas are tied to a specific employer.

Having said that, you can apply for jobs, but you cannot start working lawfully until you have an approved EAD.

1 Answer | Asked in Immigration Law and Child Custody for California on
Q: What is the most % any attorney can charge after a settlement? Car accident
Maurice Mandel II
Maurice Mandel II answered on Jan 28, 2021

First, this question does not have anything to do with Immigration law or Child custody. It is a personal injury question. Next, contingent fee agreements of this type are not set by law. The amount you are charged will depend on a number of factors which could include, the probability of... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Can I appeal my deportation even though I signed to be deported? I was made a ward of the state at the age of 12.

I was brought to the states when I was 2 months old. I became a legal permanent resident soon after. I lived all my life in southern California. I was made ward of the state when I was 12 years old and grew up in the foster care system. What can I do? I never lived in Mexico, in fact, never lived... Read more »

Priscilla Higuera
Priscilla Higuera answered on Jan 27, 2021

Hi, I would need a bit more information to answer your question. You indicated that you became a legal permanent resident of the U.S. shortly after two months old. If that is the case, were you placed in deportation proceedings in an attempt to remove your lawful permanent resident status? Did you... Read more »

1 Answer | Asked in Criminal Law and Immigration Law for California on
Q: In California my boyfriend was deported in 2014 but re-entered illegally a few years after. Can he get an ITIN?

It shows on our county public portal for superior court of California that he has 3 criminal cases. 2 are active and 1 is inactive. It states the 2 active cases are misdemeanors filed in 2014, and 2015. It states the 1 inactive case was a felony filed in 2013.

Dale S. Gribow
Dale S. Gribow answered on Jan 19, 2021

more info needed and you need to contact an immigration lawyer in addition to a criminal lawyer in your neighborhood.

the underlying charges will be important and why he did not appear?

1 Answer | Asked in Immigration Law for California on
Q: USCIS I-751 - pending security checks for months? What could be taking so long? Is it common right now because of covid?

I applied to remove the conditions of my temporary green card early December 2018. (K1 visa in 2016 followed by AOS, both very fast)

On February 20, 2020, it stated my fingerprints were taken (they were taken in April 2019) and a Request for Evidence was sent to us. We replied and it stated... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jan 13, 2021

First:Processing was much faster in 2018.

Second: Depending on the documents requested in the RFE you file may not be considered to have begun processing until the service received the documents requested.

Third: When the case is outside theprocessing time due to background check...
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4 Answers | Asked in Immigration Law for California on
Q: My mom was naturalized when I was 16. I'm now 18. Can I derive my citizenship from her using the N-600 form?

My sister, who was 18 at the time my mom was being naturalized, got her citizenship through my mom. I wasn't able to because I couldn't get in touch with my separated dad as I was a minor and needed permission from both parents. Now that I'm 18 (I'm a permanent resident), do I... Read more »

Agnes Jury
Agnes Jury answered on Jan 6, 2021

You can only file N-600 BEFORE you turn 18. Now that you are 18 you will have to file form N-400/Naturalization based on your permanent residency. USCIS has a very nice guide re: applying for naturalization. BUT I recommend you do a consultation with an experienced Naturalization attorney to make... Read more »

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2 Answers | Asked in Immigration Law for California on
Q: What’s the fastest way for a Mexican citizen to be admitted into the United States?

My mother is a Mexican citizen. Her father is being taken off life support tomorrow here in the United States. Is there a permit she can get to cross the Orta border legally just to say her goodbyes and attend the funeral?

Agnes Jury
Agnes Jury answered on Jan 5, 2021

Your mom can apply for an emergency appointment for a non-immigrant visa.

See: https://mx.usembassy.gov/visas/nonimmigrant-visas/treaty-trader/emergency-appointments/

Prayers for your grandpa to pass peacefully, for your family to have strength during this difficult time and for...
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1 Answer | Asked in Immigration Law for California on
Q: 1. Can she apply for OPT EAD while her I-485 AOS is pending? 2. Will this negatively impact the 485 aos application?

Hi,

My wife and I applied for I-130 and I-485 concurrently about 6 months ago. She is on F1 status and will be graduating in Spring 2020. I-130 has been approved so we are currently wait for I 485 approval. 

Due to the current administration and corona virus delays we do not know... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 30, 2020

In essence, your question is can my spouse work while her adjustment of status application, Form I-485, is in process?

Form I-485 is an application that must be filed to register a foreign national’s permanent residence or adjustment of status. As part of the adjustment of status process,...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: If I overstayed in U.S during covid and my fiance decided to call me with fiance visa, would that overstayed affect me?
Stephen Arnold Black
Stephen Arnold Black answered on Dec 23, 2020

Your question does not make any sense. Please re-post the question again.

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: Hi. Is it possible to get SSN valid for work with DHS without I765?
Kyndra L Mulder
Kyndra L Mulder answered on Dec 17, 2020

Yes. An LPR or a USC does not require employment authorization to obtain a SSC.

A person may receive a TIN without filing an I-765 if all other requirements are met.

1 Answer | Asked in Criminal Law, Immigration Law and Domestic Violence for California on
Q: Person is deported, (Mxco), 4 Probation Violation, he thinks she can help him to reenter.

My tenant, still married to deported man, says she can help him to reenter U.S. She's not OK with this. Wouldn't it solely be up to courts? They have 2 children, young teens, his parents are Guardians, last week they took kids to him in Mexico & left them there, he may use them like... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 11, 2020

i am not an immigration lawyer. However, I would encourage you to make an appointment with one. Before meeting him/her write out a detailed summary of all the facts. i am guessing if you are posting here that your finances might be in question......if a lawyer is going to try to help he/she... Read more »

1 Answer | Asked in Immigration Law for California on
Q: My wife has a 10 year green card. Can she apply for Medical without it electing her citizenship application

She was laid off and lost her medical insurance and is pregnant

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 7, 2020

See the USCIS Webpage for information regarding the Public Charge Rule:

https://www.uscis.gov/news/public-charge-fact-sheet

1 Answer | Asked in Immigration Law for California on
Q: What do you think a reasonable hourly rate is for a non-medical expert witness (a Ph.D.) in an immigration case? Thanks.
Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 7, 2020

Our office uses many expert witnesses in our legal practice. The fee would depend upon what in fact the expert is asked to do. Most of our experts work on a flat fee basis for the specific task requested.

1 Answer | Asked in Immigration Law for California on
Q: Is it possible for my father to get his green card without leaving the country?

My dad is 56 years old, has lived in the US since he was 17, he does not pay taxes, he has 6 children (only 1 under the age of 18), his wife (my mother) is a resident. He is the sole provider for the family (All other siblings live with the parents while they go to school) including my mom who has... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 7, 2020

Not possible to answer your question without more information. There are many grounds of inadmissibility and entering the US without permission is merely one. There are criminal bars to admission and the public charge ground to admission. My suggestion would be for your father to consult with an... Read more »

2 Answers | Asked in Immigration Law for California on
Q: Am i financially responsible for my alien spouse if she is working full time, has perm. green card and i divorce her?
Kyndra L Mulder
Kyndra L Mulder answered on Dec 5, 2020

You may be. Read your responsibility on the form I-864 above your signature.

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