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Questions Answered by Kevin D. Slattery Esq.
1 Answer | Asked in Immigration Law for Florida on
Q: I have L1B visa which expires in April 2023. Could you please advice if it is possible for me to stay in the USA?

I have been working in the USA (Florida) for 4 years and 3 months. I am a software developer. My company has not started a Green Card process for me yet. I am from Russia. I would not want to return to my country because of the current situation there.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Nov 23, 2022

If you have not already done so, schedule a consultation with a competent and experienced immigration attorney who can review all of your facts in order to provide his or her informed advice. Note that ever since the onset of the COVID-19 pandemic, many attorneys offer online video or telephone... Read more »

3 Answers | Asked in Immigration Law for Florida on
Q: How soon after marriage can i apply for my non us citizen spouse to live and work in the country

Please include what petitions will have to be filled to do so.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Nov 23, 2022

Assuming you are either a U.S. legal permanent resident or U.S. Citizen, you can file a Petition for Relative for your spouse immediately upon marriage. Whether it may be approved depends on a number of factors, including whether USCIS believes your marriage is bona fide and/or whether or not your... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: My form I-130 for my mom was approved 4 years ago but i couldn’t reinstate my case with NVC after 2 years inactivity,,

Now I am filling another I-130 for my mom and I don’t know how to answer part 5: other information of this form

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Nov 9, 2022

Simply mark yes to the question about having filed a petition previously for your mother and then input the information that the form asks (name, date of filing and that it was approved). I might suggest that on the addendum page (page 12), you then indicate that the NVC terminated the case after... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: I have a job, working there for over a year. Marriage based green card interview is coming up. is there a problem?
Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Nov 7, 2022

There is insufficient information in your question in order to provide an informed opinion. Consider scheduling a consultation with a competent and experienced immigration attorney who can flush out all of your facts in order to be able to best advise you. Note that ever since the onset of the... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: I am awaiting on status update for uvisa. I am now getting married &want to know if it’ll be faster getting a green card

I have a SSN and work permit. I have been waiting for years for the uvisa, the lady that submitted everything said if I get married it won’t be any faster since I have to go this route because I entered US illegally when I was a small child. Is this true?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Nov 3, 2022

Having entered the United States illegally would complicate, but not necessarily derail, a marriage-based immigration case. There may be strategies for you to explore in terms of a marriage-based case after you are given U nonimmigrant status. If, however, you are still years away from a grant of... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: bring my wife to the US on relative visa. Had no income in 2021. Currently working. Am I able to use current income?

Can I use my current income now that I'm working for the affidavit of support or do I need to go back to last year?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Nov 3, 2022

The regulations indicate that USCIS is supposed to give the greatest weight to your reasonably anticipated income for the year in which the case is filed. You don't specify what your current income is or what your household size is. So, the answer is "maybe." Either way, consider... Read more »

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2 Answers | Asked in Cannabis & Marijuana Law and Immigration Law for Florida on
Q: Does Biden cannabis pardon effect lawfully permanent immigrants with prior simple possession of cannabis charge?

If I was deported because of a simple possession of cannabis and tampering with physical evidence and was a lawfully permanent resident at the time does president Biden new cannabis pardon grants me relief because immigration does fall under the federal level can I get my immigration case review... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Oct 10, 2022

Was your conviction for simple possession a conviction under federal law (federal simple possession) or a conviction under state law (state - e.g., Florida - simple possession)? What President Biden has done benefits those who were convicted under federal criminal law, not under state criminal... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: My brother in law came from cuba in June. He was released from Laredo with an i220A and given a court date for 2023

Can he adjust status and his one year under the Cuban adjustment act or does he have to file for asylum. We have been told both. We live near tampa

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Oct 6, 2022

A requirement for pursuing adjustment of status under the Cuban Adjustment Act is that the individual was either inspected and admitted or paroled. At the end of the Obama administration, the government ended its policy of generally granting parole to Cubans who presented themselves without, e.g.,... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: For some reason it won’t let me post my question in this section, I’ve inserted into the more information window, Thank

Hi, I’m a current green card holder living in Florida, approximately 16/18 years ago I was convicted of an assault in the 3rd degree (plea bargain), apparently it’s a crime committed without malice and non deportable, I do travel frequently internationally and I’m red flagged without fail on... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Oct 6, 2022

If in the future you would like to spend extended amounts of time outside of the United States as well as enjoy all of the benefits that you have accumulated/earned here in the U.S. while in permanent resident status, it may be advisable for you to seek naturalization. Simple assault is generally... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: I met a guy 5 months he came from cuba with an i220 second line, we wanted to stay together and get married but we had

Been told that if we get married he will be Denied the papers or he will be affected in many ways please will you give the correct advise

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Sep 30, 2022

Consider scheduling a consultation with a competent and experienced immigration attorney who can evaluate all of the facts to determine what may be the best course of action. Whether, for example, he was "paroled" can dictate what options may be available, including, e.g., adjustment of... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: My wife & filed I130. Her b2 expired while waiting for the receipt of notice. Do we now need to file I485 supplement a?

We had to file I-130 separate from I-485. We now have the I-130 receipt of notice and all other supporting documentation. However, in that time, her b-2 expired. Do we need to file I-485 supplement a along with the I-485? Or are we exempt as this is a spousal sponsorship?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Sep 28, 2022

If you, the petitioner, are a U.S. Citizen, then your spouse's B-2 overstay in and of itself is not a disqualifier for adjustment of status purposes. She would not need to file supplement A. Consider, however, scheduling a consultation with a competent and experienced immigration attorney... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I have been arrested in Florida twice under student visa . Both cases no trial , I just had to do some courses

Than after 2 courses both of my casas were dismissed! But I’m under student visa I want o to know if I can have any problem going back to USA after this issues ! Can someone who really s understand about to give the a sure answer ! I need to finish my master degree in Miami but I’m afraid to be... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Sep 19, 2022

You should consult with a competent and experienced immigration attorney who can evaluate the dispositions in your criminal cases to determine what possible negative immigration consequences might exist. Without seeing the actual documents from your criminal cases, it is hard to say here online... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: what if i was illegally immigrated here as a baby by my parents and am now 17 seeking status

i was brought here in 2007

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Aug 24, 2022

You should schedule a consultation with a competent and experienced immigration attorney who can evaluate the facts of your life to determine what, if any, paths to permanent residency or some other type of lawful immigration status might exist for you. There are too many "unknowns" in... Read more »

3 Answers | Asked in Immigration Law for Florida on
Q: Green Card Expired. What are my options?

My wife entered the US on a K1 visa. We were married shortly afterwards. She was granted a green card. We were unaware that the initial green card expires after 2 years. She's live with me in the US since 2013. We have a family. I'd like for her to be a permanent resident and be on the... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Aug 21, 2022

Schedule a consultation with a competent and experienced immigration attorney. Assuming that she was not already placed in removal proceedings (without her knowledge) and ordered removed in absentia, the two of you could examine with counsel the possibility of filing an untimely joint petition to... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: I married a Brazilian who came here legally but now his visa is expired,can he stay here legally

He wants to get a social security number to work

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jul 22, 2022

Assuming you are a U.S. Citizen and that your marriage is a bona fide marriage, you can file a petition for relative on his behalf and he may be able to file an application to adjust status. There are too many facts missing from your question to give a definitive answer. You may wish to schedule... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: What else can i show as employment authorization besides my green card?

I recently got hired for a job and they sent me my employment offer. But they need something that shows my employment authorization. I dont have my green card because i lost it and i recently applied for a replacement and its currently being reviewed which could take months. Is there any other way... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jul 7, 2022

There is a list of acceptable documents in the instructions to Form I-9, which they should have had you fill out when you were hired. The employer cannot dictate what it is that you show them to prove employment authorization. For example, notwithstanding that you do not have your green card... Read more »

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Florida on
Q: I have a biometric appointment but I don't have a license or I'd and my green card is expired will I have problems

My passport is expired too it for the i 90 form

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jul 3, 2022

In all likelihood they will take your biometrics notwithstanding the expired green card and expired passport. Do bring those photo IDs, however, and any other photo ID you may have, even if not government issued, to prove your identity. Also beginning in January 2021, USCIS began issuing a... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: How not to get out of status?

The immigration officer only gave me a one-month stay, which affects my travel schedule, my plan to meet my US colleagues face to face (since I am a remote worker, a software engineer), and losing money since I already paid for my stay and airline tickets to new York, I am in Austin at this moment,... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jun 13, 2022

Consider scheduling a consultation with a competent and experienced immigration attorney. You might want to try to contact a supervisor at a U.S. Customs & Border Protection deferred inspection site to see whether they might view the limited duration of status given by the officer as an error... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: Green Card "New Card is being Produced" - what does that mean?

My partner is on a L1A and applied for Green Card. She received a notification for her i-485 that "Card is being produced"? Does it means she will receive an EAD or Green Card? If she receives her EAD, can she leaves her current employer? thank you.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jun 13, 2022

Based on how you have presented the facts and posed your question, it sounds as though the green card is being produced. As to leaving the employment of the employer that sponsored your partner for the green card upon receiving the green card, your partner may wish to schedule a consultation with... Read more »

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4 Answers | Asked in Immigration Law for California on
Q: I need help filing an I-601 waiver for immigration purposes.

I have been considered inadmissible at the moment but I have the requirements to void this.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jun 13, 2022

Consider scheduling a consultation with a competent and experienced immigration attorney. Although you may in fact need to file a waiver for whatever ground of inadmissibility the government has asserted applies, sometimes the government's assessment is incorrect that a particular criminal... Read more »

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