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Florida Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Florida on
Q: ı had a daughter without marriage she filed a petiton for me last year , why you think we didnt get any response yetç

I was deported on may 2005 because of my visa over stay and asylum denial , they give me 10 year ban, and my daoughter and I met when she was 18 before . her mother and ı never got married we broke up with her while she was pregnant , when my daughter found me ı was in Turkey on 2011 since than... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Dec 4, 2022

Consider scheduling a consultation with a competent and experienced immigration attorney who can look into the case on your behalves. Recently, USCIS has been processing cases very slowly. So, there may not be anything wrong with the case. That being said, it is not a bad idea to look into... Read more »

3 Answers | Asked in Immigration Law for Florida on
Q: I filed I-130 for my spouse who is lawfully visiting US, what do I need to do to enable them to stay while we wait

Current time left here is 11 days per I-94.Do I have to file I-485? or do I have to file 129F to get a K-3 Visa? Once I file can they stay?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Dec 1, 2022

Assuming you are a U.S. Citizen, which is not something mentioned in your fact pattern, your spouse may be eligible to apply for adjustment of status whether filed before or after the expiration date of his/her I-94 card. A consultation with a competent and experienced immigration attorney is... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Hi, my brother is a US citizen. Can he request a change of status for me if I am in the US. I entered with a visa waiver

How long will the process take. Can I request a work permit while I await the process.

Monica E Rottermann
Monica E Rottermann
answered on Nov 28, 2022

Your eligibility for adjustment of status through your brother will depend on whether you already have an approved I-130 petition filed by him and what your priority date is. If your brother never filed an I-130 petition for you, that would be the first necessary step before filing for adjustment.... Read more »

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 »

1 Answer | Asked in Immigration Law for Florida on
Q: I have a friend in Nigeria that I would like to come visit me. I know tourist visas are not always approved.

Do I need a lawyer to help facilitate the process?

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 22, 2022

Tourist visas are issued to the visitor based upon his financial condition alone and not the host’s financial condition. He would need to show a letter from his employer, bank statements showing payroll deposits, paystub’s, tax returns, and a property appraisal if he owns property. All of these... 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.

Agnes Jury
Agnes Jury
answered on Nov 23, 2022

For an attorney to advise you WHEN to file for a green card would require more information about your and your spouse's specific situation. Obviously, the first step an attorney would want to do is to make sure that your spouse even qualifies for a green card. For those reasons it would be... Read more »

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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 and Tax Law for Florida on
Q: I was unemployed for the year 2021. How do I file a late tax return for 2021? How does this correlate with i864?
Kevin L Dixler
Kevin L Dixler
answered on Nov 20, 2022

If you lacked earnings, then the USCIS may take an average of the annual income. However, if the petitioner remains unemployed during 2022, then the Service has been known to require a joint sponsor in some situations.

If this matter is an issue, then you ought to consider hiring an...
Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Filing out i864. What if my most recent tax return was 2020 bcuz I was unemployed in 2021 what do I do?
Samuil Buschkin
Samuil Buschkin
answered on Nov 20, 2022

Even when you're unemployed you must file a tax return. If you haven't done so, there is a way to file a late one.

1 Answer | Asked in Immigration Law for Florida on
Q: Doing i864. My last tax return wasn’t suffice. My current anticipated income does. Do I still need a joint sponsor?

My last tax transcript was 2020 and it wasn’t sufficient. My 2019 met the requirements & I didn’t file for 2021 as I was unemployed.

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 20, 2022

If your current anticipated income satisfies the minimum threshold for your household size, then provide 6-12 months of bank statements showing payroll deposits into your account, a letter from your employer indicating what your monthly income is and how long you’ve been employed, as well as... Read more »

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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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?
Ana S. Mendieta
PREMIUM
Ana S. Mendieta
answered on Nov 9, 2022

If you have a job and are working with an employment authorization document, you should not have a problem.

However, If you are working illegally, while in the process of acquiring legal status, it depends. I strongly suggest you speak with an immigration attorney about this issue. You...
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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1 Answer | Asked in Immigration Law for Florida on
Q: I have a question about sponsoring my unmarried adult brother for a green card.

I recently received my US citizenship though naturalization and would like to apply for a green card for my brother. He currently lives in the US and has a pending asylum case. I was told he is "out of status" and I can't apply for a green card for him, since his visitor visa expired... Read more »

Ana S. Mendieta
PREMIUM
Ana S. Mendieta
answered on Oct 24, 2022

First Congratulations on becoming a US citizen!

This is how it works, you first file Form I-130, Petition for alien relative with USCIS. Once USCIS approves the family petition you must wait for a visa number to be available. The availability of immigrant numbers for siblings (fourth...
Read more »

2 Answers | Asked in Family Law, Immigration Law and Child Custody for Florida on
Q: Establishing parternity 14 years later.

My son was born in Florida while his mom was still married to another man, how can I establish paternity?

My son, his mother and I live abroad now.

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 19, 2022

Based on Florida law you cannot accomplish this without the cooperation of the man that she was married to at the time of birth. However, since none of you lives in Florida the court here will not have jurisdiction (the ability to decide your case). You may not be able to do anything before you... 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 L Dixler
Kevin L Dixler
answered on Oct 10, 2022

Statements by politicians ‘are not enough.’ In addition, if a person is “convicted,” past tense, then this can still be an issue in some Federal jurisdictions.

This is not as simple as it seems. The law was passed by Congress. A President cannot change how the law is written....
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 »

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