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COVID-19 California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: My husbands case was sent to NVC. Received 60 day period letter from NVC. Will we be getting interview by end of year?

03/2019 Pardon waiver approved

IR1- both in USA ( I’m a citizen asking for husband)

5/15/2020 Case sent to NVC and completed

5/28/21- received a letter from NVC that our case “ immigrant visa is documentarily complete at the National Visa center ...The next... Read more »

Agnes Jury
Agnes Jury answered on Jul 16, 2021

There is no way to know/predict for sure because it depends on how busy the Embassy is and how fast they are working on catching up with their COVID caused backlog. You can call the Embassy where the file was sent to see if they will let you know the date of immigrant visa documentarily qualified... Read more »

2 Answers | Asked in Immigration Law for California on
Q: My wife on a b/1b/2 visa got married to me a us citizen in California . Can she enter the United States again?

Before the pandemic started I got married to my wife in California. She currently is studying in Mexico and fully employed but I would like her to come visit me after the pandemic border restrictions are over. Can she still enter to the us without any problems? She has her visitors visa still... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jun 2, 2021

Your wife should carry with her significant documentation to show that she is only coming to the USA to visit and she intends to return to Mexico. Because she is married to a USC their is a presumption that she intends to immigrate and her visitor visa may be cancelled.

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1 Answer | Asked in Immigration Law for California on
Q: Will adding a new joint sponsor online to ceac after being documentarily qualified for a while,put us back in line?

Our documents were accepted back in August 2020 and we got the email from NVC saying we are documentarily qualified and that we are in line for an interview . But our joint sponsor died due to Covid recently and I want to add the info of the new joint sponsor to ceac . My concern is will did put us... Read more »

Agnes Jury
Agnes Jury answered on Apr 20, 2021

NVC will review your file once again when they are ready to send your file to the Embassy for interview to request updates of any documents if needed. So if you have your documents uploaded by that time, they will review it and let you know if any additional documents are needed. It should not... Read more »

2 Answers | Asked in Immigration Law for California on
Q: Petitioning my husband but I dont work . Our sponsor died due to Covid . Do I need a new sponsor ? What do I need to do

I am petitioning for my husband . Our I130 got approved last year . We sent all the documents to NVC and have been waiting in line for an interview at the ciudad Juárez consulate . I do not work so my uncle who works and lives in Seattle was our sponsor . He filed out an I864 and submitted... Read more »

Agnes Jury
Agnes Jury answered on Apr 16, 2021

You will need a new sponsor and you should upload the new I-864 to NVC along with proof of income so that NVC can screen the sponsor to make sure his income is sufficient. Your husband can explain the change of sponsors at the interview. Best wishes!

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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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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 »

2 Answers | Asked in Immigration Law for California on
Q: B2 visa extension

I am currently on a B2 visa in the US. I entered the US in Feb 2020. At my entry, I was issued an I-94 that was valid for 6 months. I applied for a 6-month extension 45 days before my I-94 expired in June and I received a receipt in early July, I have not received a decision on my I-539 yet.... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 11, 2020

You would be wise not to travel. It is recommended that you do not file another I-539 yet. Wait until USCIS makes a decision on the first one. Please keep in mind that USCIS is likely adjudicating a larger than normal number of I-539s due to noncitizens stranded in the US as a result of COVID-19.

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1 Answer | Asked in Immigration Law for California on
Q: I’m a citizen. My mom and 14 year old brother live in Mexico. Can I petition them together to speed up sibling process

Im 23 year old citizen. My mom came to the U.S illegally and returned voluntarily to Mexico in 2002, no deportation. She’s been in Mexico ever since. I know I can petition her and it’ll be fairly quick process. But she also has my brother who is 14 and he can’t stay in Mexico alone. Is there... Read more »

Mario Musil
Mario Musil answered on Oct 26, 2020

Hello,

You mother would be an immediate relative and you can petition for her and she would not have to wait for visa availability - meaning she could be a green card holder in about a year or so (not considering Covid delays). Your brother however is not an immediate relative to you and...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: I have my N-400 interview scheduled while I'm traveling abroad. I'll be back two days before the interview.

I found a statement on the notice that I should reschedule my interview if I've traveled outside the US in the past two weeks as part of the covid-19 safety measures. However, I didn't see that on their webpage, only if you're ill or have symptoms. Should I: - Call to reschedule... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 10, 2020

The fact that you’ve travelled will likely come up in databases that keep track of such things, unless you traveled to Canada or Mexico. Under certain circumstances. It is hard to say what you should do, though know that you might get turned away if you show up at the interview and tell staff... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Will proclamation that was extended to December 2020 effect my husbands case?

Hello,

My husband had his pardon approved last year and recently we turned in all forms necessary to NVC to get an interview on 4/30/20. On 05/22/2020 we received a letter stating they received requested documents and now he is in the que for a interview appointment. My question is, will... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jul 8, 2020

No the proclamation does not effect your husband. He is the immediate relative of a USC. What does effect him is that many consulates are not currently holding interviews due to covid and the process is therefore slow recently.

2 Answers | Asked in Employment Law and Immigration Law for California on
Q: Can I work remotely from home office (in another country) on a TN Visa? If so, how long?

I am a Mexican working in the US on a TN Visa. I would like to work remotely while covid quarantine... Nothing will change, still the same company and position, but I want to know If I am allowed to work from Mexico (another country) for a couple of months... and If it is allowed, how long can I do... Read more »

Adan Vega
Adan Vega answered on May 18, 2020

The TN status allows you to render the services on behalf of the petitioning employer as stated in the TN visa application or TN petition while you are in the U.S.

You can return to the home country and render the services remotely from that location.

You should discuss this...
Read more »

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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 »

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... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Mar 25, 2020

Yes. Your husband can petition for you at the same time as you apply for permanent residence. It is about a six to eight-month process under normal conditions, but it is hard to say how the corona virus will change that. It may be your only option at this time. Alternatively, you can wait until... Read more »

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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 »

Neil Pedersen
Neil Pedersen answered on Mar 24, 2020

In California your immigration status should not disqualify you from unemployment insurance benefits. However if the employer has not paid into the fund on your behalf if you have a fictitious or fraudulent social security number you will face difficulties. Nonetheless apply and work through... Read more »

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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... Read more »

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