Eli Mayer Kantor's Answers

Immigratin law, lost wife because I-601 waiver didn't have enough hardship

You need to convince them that there will be extreme hardship to you the "US Citizen". You can do that in various ways. I suggest obtaining a letter from a psychologist describing the extreme hardship to you - how it has effected you and your 2 year old daughter. Also, the hardship that you would suffer if you were forced to move to Mexico in order to reunite the family, financially, emotionally, etc.

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Geting paid cash and cheques from my employer.

Under California law you should be paid by a check with deductions for withholding taxes as well as a statement indicating the number of hours worked, straight and overtime and the pay rate, withholding, etc.

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Can an employer fire someone for subjective bad performance reasons but have an ulterior motive?

This question is currently before the California State Supreme Court in the Harris case, which analyzes the burden of proof required in "mixed motive" cases. Right now the test is whether the discriminatory reason is the "motivating factor" for the termination decision.

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How long can I-130 Approved stay open for?

It will stay open indefinitely. When there is a visa number available for her, then she can file form I-485, if she is in the US or do consular processing if she is overseas

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Can my employer fire me for pursuing a racial discrimination lawsuit?

It is forbidden for an employer to terminate you for pursuing a racial discrimination lawsuit.

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Can an Calif employer impose a fine to a hourly employee for being late? not to be confused with docking pay from paycheck.

I agree with my colleague. It is expressly forbidden by the Labor Code for an employer to make a deduction from a workers paycheck without express written permission. If the employer retaliates against you for refusing to sign its unlawful policy, you can sue them.

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Extortion

You should contact the authorities immediately. You should obtain written confirmation of your cooperation from the police and the prosecutors. That may help you to obtain a visa.

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Cost of citizenship by marriage

If you are in the US and entered lawfully then you are eligible to adjust status in the US. The cost is $1,365 for the immigration filing fees. In addition, you will have to pay for the medical exam. Although you don't have to have an attorney, you would be foolish not to, since immigration is extremely complex.

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Can a green card holder work at state jobs, government local and community jobs? What are the jobs the jobs available for us?

As a permanent resident you have work authorization to work in any job in the US. However, certain jobs may require that you be a US citizen, but most don't.

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Do juvenile records for petty theft in california show up on employment criminal background checks?

Normally, they do not. However, to be certain you should have them expunged.

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