Frequently Asked Question

California residents can apply for a variety of visas, including family-based visas, employment-based visas, student visas, and humanitarian visas like asylum and refugee status. Depending on your circumstances, you may qualify for a specific visa category.

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You can sponsor eligible family members through family-based immigration. U.S. citizens can sponsor immediate relatives, such as spouses, children, and parents, while lawful permanent residents (green card holders) can sponsor spouses and unmarried children. The process involves filing Form I-130 (Petition for Alien Relative) with the U.S. Citizenship and Immigration Services (USCIS).

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A visa allows you to enter the U.S. for a specific purpose and duration, while a green card provides permanent residency, allowing you to live and work in the U.S. indefinitely. Green cards can be obtained through family sponsorship, employment, refugee or asylee status, or other qualifying criteria.

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Yes, individuals can apply for asylum if they have been persecuted or fear persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group. Asylum applications must typically be submitted within one year of entering the U.S.

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Processing times vary depending on the type of application and the USCIS office handling your case. Family-based green cards can take several months to years, while employment-based visas and asylum applications may also have long waiting periods. Check the USCIS processing time page for specific timelines.

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To obtain a U.S. work visa, applicants must meet specific eligibility criteria, which vary based on the type of visa. Common work visas include H-1B for specialty occupations, L-1 for intracompany transferees, and O-1 for individuals with extraordinary abilities. General eligibility requirements include:

• A valid job offer from a U.S. employer.
• Proof of specialized skills, qualifications, or educational background required for the job.
• Employer sponsorship for the visa, including filing a petition with U.S. Citizenship and Immigration Services (USCIS).
• Compliance with visa-specific requirements (e.g., H-1B applicants must hold at least a bachelor’s degree in a relevant field).

Applicants must also demonstrate they intend to return to their home country if the visa is temporary unless applying for permanent residency. It’s important to work with an experienced immigration attorney to ensure your application meets all legal criteria.

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If your visa application is denied, take the following steps:

1. Review the denial notice: The consular officer will provide a written explanation, which often cites the specific reason for denial under U.S. immigration law.
2. Determine if you can reapply: Some visa denials, like those under Section 221(g) for missing documentation, may allow you to submit additional information to continue the process.
3. Address the issues: If your denial was due to ineligibility, work with an immigration attorney to resolve the underlying issue. This might involve proving stronger ties to your home country, providing evidence of qualifications, or addressing criminal records.
4. Appeal or file a waiver: In some cases, it’s possible to appeal the decision or file a waiver for certain grounds of inadmissibility.

An experienced immigration attorney can guide you through the next steps to improve your chances of approval on reapplication.

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Citizenship through naturalization involves becoming a U.S. citizen after fulfilling specific legal requirements. Here’s a step-by-step overview of the process:

1. Meet eligibility requirements:
   • Be at least 18 years old.
   • Hold a green card (lawful permanent residency) for at least 5 years (or 3 years if married to a U.S. citizen).
   • Physically reside in the U.S. for at least 30 months out of the past 5 years.
2. Complete Form N-400: This is the Application for Naturalization, which you must submit to USCIS along with the required documentation and fees.
3. Attend a biometrics appointment: USCIS will collect your fingerprints, photo, and signature.
4. Pass the naturalization interview and tests: The interview includes questions about your application, background, and ability to read, write, and speak English. You’ll also take a civics test on U.S. history and government.
5. Take the Oath of Allegiance: After approval, you’ll participate in a naturalization ceremony where you officially become a U.S. citizen.

Working with an immigration attorney can ensure your application is complete and help you prepare for the interview and tests.

Undocumented immigrants in California have specific rights and protections, including:

• Access to education: Undocumented children have the right to attend public schools (K-12) under federal law.
• Workplace protections: California law protects all workers, regardless of immigration status, from discrimination, wage theft, and unsafe working conditions.
• Health care access: Undocumented individuals may qualify for Medi-Cal, California’s state-funded health insurance, or receive care at community health centers.
• Legal protections: California is a sanctuary state, meaning local law enforcement agencies are limited in their cooperation with federal immigration authorities.

While undocumented immigrants have rights, they are also vulnerable to deportation. It’s essential to seek legal advice from an immigration attorney to understand your specific rights and options for adjusting your status.

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Renewing or extending a U.S. visa depends on the type of visa you hold. Here’s a general process for both:

Visa Renewal:

1. Determine if renewal is possible: Certain visas, such as tourist visas (B-1/B-2) or work visas, can be renewed at a U.S. consulate or embassy abroad.
2. Complete Form DS-160: This is the online application for a nonimmigrant visa.
3. Pay the visa fee: Fees vary depending on the visa category.
4. Schedule a visa interview: Depending on your visa type, you may need to attend an interview at a U.S. embassy or consulate.

Visa Extension:

1. File the appropriate petition with USCIS: If you are in the U.S., your employer or sponsor must file Form I-539 (Application to Extend/Change Nonimmigrant Status) before your visa expires.
2. Submit supporting documents: This includes proof of financial support, valid passport, and employment verification (for work visas).
3. Wait for USCIS decision: Processing times vary, so it’s essential to apply well in advance of your visa’s expiration date.

Consulting an immigration attorney can help ensure your renewal or extension application is timely and complete, reducing the risk of complications.

Yes, certain individuals can adjust their immigration status to become lawful permanent residents (green card holders) while in the U.S., a process known as adjustment of status (AOS). To be eligible, you must meet the following requirements:

1. Have an approved immigrant petition:
   • This may be based on family sponsorship, employment, or asylum.
2. Be physically present in the U.S.:
   • You must have entered the U.S. lawfully (with a visa or other valid entry) in most cases.
3. Be eligible to apply for a green card:
   • You must meet all eligibility criteria, including passing background checks and not being subject to certain inadmissibility grounds.

For family-based petitions, spouses, children, and parents of U.S. citizens may qualify for immediate adjustment of status. In most employment-based cases, an employer must sponsor the applicant.

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To qualify for DACA, applicants must meet specific requirements and demonstrate they arrived in the U.S. as children and have continuously resided in the country. The key eligibility criteria include:

1. Age requirements:

   • You must have been under 31 years old as of June 15, 2012.
   • You must have arrived in the U.S. before your 16th birthday.

2. Continuous residence:

   • You must have lived in the U.S. continuously since June 15, 2007.

3. Education or military service:

   • You must be currently enrolled in school, have graduated from high school, obtained a GED, or be an honorably discharged veteran of the U.S. Armed Forces.

4. Criminal record:

   • You cannot have been convicted of a felony, significant misdemeanor, or pose a threat to national security.

DACA does not provide permanent legal status but grants work authorization and protection from deportation for renewable two-year periods.

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An immigration court hearing is a legal proceeding in front of an immigration judge to determine an individual’s immigration status and whether they will be removed (deported) from the U.S. The process generally includes two types of hearings:

1. Master Calendar Hearing:

   • This is a preliminary hearing where the judge reviews your case, confirms your identity, and explains the charges against you.
   • You will be asked whether you have legal representation and how you plan to proceed with your case.
   • No final decision is made during this hearing.

2. Individual Hearing:

   • This is the main hearing where you present your case.
   • You will have the opportunity to provide evidence, call witnesses, and explain why you should remain in the U.S.
   • The government attorney will present their case against you.

It is highly recommended to have an immigration attorney represent you in court to increase your chances of a favorable outcome. Judges can issue removal orders if you fail to adequately defend your case.

To bring your fiancé(e) to the U.S. on a K-1 visa, you must follow these steps:

1. File Form I-129F (Petition for Alien Fiancé(e)):

   • This form must be filed by the U.S. citizen sponsor with USCIS.

2. Provide evidence of a bona fide relationship:

   • Submit proof that you have met in person within the last two years (with limited exceptions).
   • Include documentation such as photos, travel records, and correspondence to prove your relationship.

3. Attend an interview at a U.S. embassy or consulate:

   • Your fiancé(e) will be required to attend a visa interview where they must prove their eligibility and genuine intent to marry.

4. Enter the U.S. and marry within 90 days:

   • Once the K-1 visa is approved, your fiancé(e) must enter the U.S. and you must get married within 90 days of their arrival.

After marriage, your fiancé(e) can apply for adjustment of status to become a lawful permanent resident (green card holder).

To bring your fiancé(e) to the U.S. on a K-1 visa, you must follow these steps:

1. File Form I-129F (Petition for Alien Fiancé(e)):

   • This form must be filed by the U.S. citizen sponsor with USCIS.

2. Provide evidence of a bona fide relationship:

   • Submit proof that you have met in person within the last two years (with limited exceptions).
   • Include documentation such as photos, travel records, and correspondence to prove your relationship.

3. Attend an interview at a U.S. embassy or consulate:

   • Your fiancé(e) will be required to attend a visa interview where they must prove their eligibility and genuine intent to marry.

4. Enter the U.S. and marry within 90 days:

   • Once the K-1 visa is approved, your fiancé(e) must enter the U.S. and you must get married within 90 days of their arrival.

After marriage, your fiancé(e) can apply for adjustment of status to become a lawful permanent resident (green card holder).

The most common reasons for deportation (removal) include:

1. Visa overstays:

   • Staying in the U.S. beyond the expiration of your visa can result in removal proceedings.

2. Criminal convictions:

   • Convictions for certain crimes, including aggravated felonies and crimes involving moral turpitude, can make you deportable.

3. Fraud or misrepresentation:

   • Providing false information on visa or immigration applications can lead to removal.

4. Violation of immigration laws:

   • This includes working without authorization or failing to comply with visa conditions.

How to Contest Deportation:

1. Apply for relief from removal:

   • Depending on your case, you may be eligible for asylum, cancellation of removal, or adjustment of status.

2. Argue for prosecutorial discretion:

   • This involves asking the government to exercise discretion to not pursue your removal.

3. Appeal the decision:

   • If the immigration judge orders removal, you can appeal the decision to the Board of Immigration Appeals (BIA).

4. Seek waivers for inadmissibility:

   • In some cases, you can apply for waivers to forgive certain grounds of deportability.

Having an experienced immigration attorney on your side is essential for navigating deportation proceedings and increasing your chances of a successful defense.

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You can check the status of your immigration application online or by contacting U.S. Citizenship and Immigration Services (USCIS). Here’s how:

1. Online:

   • Visit the USCIS website at https://egov.uscis.gov/casestatus.
   • Enter your receipt number, which is found on the notice you received from USCIS after submitting your application.

2. By Phone:

   • Call the USCIS Contact Center at 1-800-375-5283 for application updates.

3. In Person:

   • You can schedule an appointment at a USCIS field office using the InfoPass system if your case requires an in-person visit.

4. For Applications Filed with Other Agencies:

   • If your application is with the Department of State (such as a visa application at a consulate), visit the CEAC website at https://ceac.state.gov.

It’s important to keep your receipt number safe and to regularly check your case status to stay informed about any updates or requests for additional documentation.

While the terms removal proceedings and deportation are often used interchangeably, they have distinct meanings in U.S. immigration law:

• Removal Proceedings:

  • This is the legal process where the U.S. government seeks to remove a noncitizen from the country.
  • It begins with a Notice to Appear (NTA) issued by the Department of Homeland Security (DHS) and is heard before an immigration judge.
  • During removal proceedings, the individual has the opportunity to present a defense and apply for relief, such as asylum or cancellation of removal.

• Deportation:

  • Deportation is the outcome of removal proceedings when the judge orders an individual to leave the U.S.
  • Deportation can also refer to the physical act of removing someone from the U.S. after a removal order is issued.

In short, removal proceedings refer to the court process, while deportation is the final result if the case is not successfully defended.

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In most cases, traveling outside the U.S. while your immigration application is pending can jeopardize your application. Here’s a breakdown of what you need to know:

1. For Adjustment of Status Applicants (Green Card):

   • If you’ve applied for adjustment of status (Form I-485), you need advance parole (Form I-131) to travel outside the U.S. without abandoning your application.
   • Traveling without advance parole will result in your application being denied unless you have an exception, such as a pending asylum claim.

2. For Visa Holders:

   • If you’re on a nonimmigrant visa (e.g., H-1B, L-1, F-1) and your visa application is pending, you can generally travel outside the U.S. if your visa is still valid and you can re-enter under the same visa category.

3. For DACA Recipients:

   • DACA recipients must apply for advance parole before traveling outside the U.S.

Important: Always consult with an immigration attorney before traveling abroad while an application is pending to avoid jeopardizing your immigration status.

Victims of crimes or human trafficking may be eligible for special forms of immigration relief under U.S. law. Here are the most common options:

1. U Visa (Victims of Crimes):

   • The U visa is available to victims of certain crimes, such as domestic violence, assault, human trafficking, or sexual exploitation.
   • To qualify, the victim must have suffered substantial physical or mental abuse and be willing to cooperate with law enforcement in investigating or prosecuting the crime.

2. T Visa (Victims of Human Trafficking):

   • The T visa is specifically for victims of human trafficking.
   • Applicants must show they were trafficked into the U.S. and are cooperating with law enforcement.
   • T visa holders can apply for permanent residency after three years.

3. VAWA (Violence Against Women Act):

   • Under VAWA, victims of domestic violence who are spouses, children, or parents of U.S. citizens or lawful permanent residents can self-petition for a green card without needing their abuser’s sponsorship.

4. Special Immigrant Juvenile Status (SIJS):

   • This status is for children who have been abused, abandoned, or neglected by one or both parents.
   • SIJS allows eligible minors to apply for a green card.

These relief options are intended to provide protection and a pathway to legal status for victims. It’s important to seek the help of an immigration attorney to understand your specific rights and eligibility.

The U.S. immigration process for refugees is distinct from other immigration pathways and is designed to provide protection for individuals fleeing persecution. Here’s an overview of how it works:

1. Refugee Status (Outside the U.S.):

   • Refugees must apply for refugee status from outside the U.S. through the United Nations High Commissioner for Refugees (UNHCR) or a U.S. embassy.
   • They must demonstrate they are fleeing persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
   • Once approved, refugees undergo a rigorous screening process before entering the U.S., including security checks, medical exams, and cultural orientation.

2. Asylum (Inside the U.S.):

   • Asylum seekers apply for protection after arriving in the U.S. or at a port of entry.
   • They must demonstrate they meet the same criteria as refugees (fleeing persecution) but do not need to apply through a third-party agency.

3. Resettlement Process:

   • Refugees are resettled through U.S. government programs in coordination with non-governmental organizations (NGOs).
   • Refugees receive assistance with housing, healthcare, employment, and education to help them integrate into American society.

4. Pathway to Permanent Residency and Citizenship:

   • Refugees can apply for a green card one year after arriving in the U.S.
   • After five years as a lawful permanent resident, they can apply for U.S. citizenship.

Unlike other immigration processes, refugee and asylum cases prioritize humanitarian protection, making the process more focused on ensuring safety and security for those fleeing danger.

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