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Florida Immigration Law Questions & Answers
4 Answers | Asked in Immigration Law for Florida on
Q: If my fiancé (irish citizen) and I (American citizen) marry in the US. Can my future spouse then leave the US and return

We are currently living together in the US, my fiancé has an h2b visa at present. After we are married in the US, can we go visit his family in Ireland for one month and then return back to the US? Would he be allowed back?

James L. Arrasmith
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answered on Jan 26, 2024

* If your fiancé is an Irish citizen and you get legally married in the US, he can travel freely to and from the US after the marriage. As the spouse of a US citizen, he would be eligible to apply for permanent residence (a green card) in the US.

* Some key points:

* Since your...
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4 Answers | Asked in Immigration Law for Florida on
Q: If my fiancé (irish citizen) and I (American citizen) marry in the US. Can my future spouse then leave the US and return

We are currently living together in the US, my fiancé has an h2b visa at present. After we are married in the US, can we go visit his family in Ireland for one month and then return back to the US? Would he be allowed back?

Kevin D. Slattery
Kevin D. Slattery
answered on Jan 27, 2024

If the two of you marry while he is in the United States in H-2B status, in addition to you filing a Petition for Relative on his behalf, he, barring any possible ground of inadmissibility for which there is no waiver available, could file contemporaneously an Application to Adjust Status, an... View More

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4 Answers | Asked in Immigration Law for Florida on
Q: If my fiancé (irish citizen) and I (American citizen) marry in the US. Can my future spouse then leave the US and return

We are currently living together in the US, my fiancé has an h2b visa at present. After we are married in the US, can we go visit his family in Ireland for one month and then return back to the US? Would he be allowed back?

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 27, 2024

If you’re a US Citizen, then after marriage you can sponsor him for his green card and he can adjust status to get the green card which takes about twelve months here in Florida. If he wants to travel outside the US, he will need to file for “advance parole” with his application but that... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: My fiancé is irish currently on an h2b visa, we want to marry in Ireland. How can he return to live in the US after?

We are currently living together in the US. If he leaves for the wedding, the h2b visa will no longer be valid. We can’t apply for spousal visa because we are not yet married. We can’t apply for fiancé visa because then we would have to get married in 2 countries.

James L. Arrasmith
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answered on Jan 26, 2024

If your fiancé leaves the U.S. for your wedding in Ireland, his H2B visa will indeed become invalid for re-entry. In this situation, after your marriage, you can file for a spousal visa (CR-1 or IR-1) on his behalf. This process involves submitting a petition for an alien relative (Form I-130) to... View More

3 Answers | Asked in Immigration Law and Public Benefits for Florida on
Q: I am on HUD / public assistance Will I be able to marry an immigrant?
Kevin D. Slattery
Kevin D. Slattery
answered on Jan 25, 2024

Receiving public assistance is not an obstacle to getting married. Your question does not pose whether you are able to sponsor your spouse for a green card, but that seems to be what you may be asking. Even if you are receiving public assistance, you can file a petition for your spouse, but you... View More

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3 Answers | Asked in Immigration Law and Public Benefits for Florida on
Q: I am on HUD / public assistance Will I be able to marry an immigrant?
James L. Arrasmith
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answered on Jan 25, 2024

Being on public assistance does not disqualify you from marrying an immigrant. However, there are important considerations to keep in mind. When sponsoring an immigrant for a marriage-based green card, you must file an Affidavit of Support. This document is a legal commitment to support your spouse... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: if I end up getting emancipated, and my parents end up loosing their green card after I do so, would I loose mine too
James L. Arrasmith
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answered on Jan 24, 2024

If you are emancipated and your parents subsequently lose their green cards, your own green card status would typically not be directly affected by their status change. Emancipation legally separates you from your parents, meaning that your legal status is independent from theirs.

However,...
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1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: CAN I WORK AGAIN IN USA IF I GOT DEPORTED FROM ONE CRUISE SHIP ?

Hello everyone .I was working for a cruise line later on i was deported and escorted back home concerning some depression issue.Will i be able to work for some other cruiseline in the USA ?

James L. Arrasmith
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answered on Jan 24, 2024

The ability to work again in the USA on a cruise ship after being deported depends on the specific circumstances of your deportation and the current state of your visa or work authorization. Deportation can have significant impacts on your eligibility to re-enter the United States and obtain work... View More

1 Answer | Asked in Immigration Law for Florida on
Q: How long do I have to reenter the US after passing the customs with DV lottery temporary visa? I have my Green card

Hello,

My family and I won the green card lottery in 2021, and we entered the US territory on March 9, 2023. Our temporary visa was stamped with the date of entry, and we received our physical green card later that same year.

We're planning to move to Tampa, FL by July 2024, so... View More

James L. Arrasmith
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answered on Jan 22, 2024

Once you enter the U.S. with a Diversity Visa and your temporary visa is stamped, this typically serves as a temporary green card until you receive the physical card. As green card holders, you are expected to make the United States your permanent residence. However, there's no strict... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Can a FL nonlawyer assist in completing immigration forms?

I had a customer reach out to me to assist with completing immigration forms. The customer is completing an asylum application and renewing a work visa. I will not be giving legal advice, as I am not a lawyer. I will be reviewing the application after the person completes it to make sure it is... View More

James L. Arrasmith
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answered on Jan 21, 2024

In Florida, as a nonlawyer, you must be cautious when assisting someone with immigration forms. It's permissible to provide clerical help, such as making copies and ensuring forms are filled out correctly based on the provided instructions. However, you must avoid giving any form of legal... View More

4 Answers | Asked in Immigration Law for Florida on
Q: Can I submit I130 for my brother who enter the USA on a B1/B2 visa ?
James L. Arrasmith
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answered on Jan 13, 2024

Yes, as a U.S. citizen, you can submit Form I-130, Petition for Alien Relative, for your brother, even if he entered the USA on a B1/B2 visa. This form is the first step in helping a relative immigrate to the United States.

However, it's important to understand that the process for...
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4 Answers | Asked in Immigration Law for Florida on
Q: Can I submit I130 for my brother who enter the USA on a B1/B2 visa ?
Symantha Rhodes
Symantha Rhodes
answered on Jan 13, 2024

Yes you can submit an I-130 for your brother.

But your brother will not be able to adjust status in the U.S., unless you are a U.S. citizen 21 years or older and there is a visa available for the F4 priority category. This may take 15 to 25 years depending on your brother's country of...
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1 Answer | Asked in Immigration Law and Appeals / Appellate Law for Florida on
Q: After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision? I-140 case.

After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision? I-140 case.

James L. Arrasmith
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answered on Jan 11, 2024

The time it takes for USCIS to issue a new decision on an I-140 case after it has been remanded from the Administrative Appeals Office (AAO) can vary significantly and is often unpredictable. There is no set timeline for USCIS to act on remanded cases, and the processing time can depend on several... View More

2 Answers | Asked in Bankruptcy and Immigration Law for Florida on
Q: How would a bankruptcy affect a VAWA application?

I am about to file for a VAWA green card but credit card companies are now coming after me since my husband stopped paying any of my bills early last year. If I file for bankruptcy how will that affect my VAWA application considering that I have been financially abused in my marriage.

James L. Arrasmith
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answered on Jan 9, 2024

Filing for bankruptcy should not directly impact your application for a green card under the Violence Against Women Act (VAWA). VAWA applications are primarily evaluated based on evidence of abuse and the applicant's relationship to a U.S. citizen or lawful permanent resident.... View More

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2 Answers | Asked in Bankruptcy and Immigration Law for Florida on
Q: How would a bankruptcy affect a VAWA application?

I am about to file for a VAWA green card but credit card companies are now coming after me since my husband stopped paying any of my bills early last year. If I file for bankruptcy how will that affect my VAWA application considering that I have been financially abused in my marriage.

Syed Ali Hussain Lahooti
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answered on Jan 11, 2024

Filing for bankruptcy shouldn't automatically throw a wrench into your VAWA petition. They're kind of like two separate lanes with different reasons and processes. That being said, USCIS might still take a peek into your moral character evaluation. Being upfront about it is key. It's... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: I have a conditional GC which is expiring in july 2024. I have to apply to remove conditions on my GC i751.

I had a misdemeanor charge in 2022 for petit theft which was dismissed by completing a diversion program and later the records were expunged in 2023. I want to know how is it going to go for my case? Also once approved the 10 year GC, will i still be eligible to apply for naturalization as married... View More

Ghenadie Rusu
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answered on Jan 5, 2024

Given your situation with the dismissed misdemeanor charge and expunged record, it's likely that your case for immigration and naturalization will not be significantly affected. As long as you avoid further legal issues and, very, enlist the services of an attorney to assist you, you should be... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: I have a conditional GC which is expiring in july 2024. I have to apply to remove conditions on my GC i751.

I had a misdemeanor charge in 2022 for petit theft which was dismissed by completing a diversion program and later the records were expunged in 2023. I want to know how is it going to go for my case? Also once approved the 10 year GC, will i still be eligible to apply for naturalization as married... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Jan 5, 2024

Your criminal case should have no impact on the approvability of your Petition to Remove Conditions case. As to naturalization eligibility, even though it sounds as though you will have avoided a conviction, your arrest will likely raise concerns for the naturalization case adjudicating officer as... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: divorce after file for i751Petition to remove conditions on residence, whats next?

I filed I751 Petition to remove conditions on residence about 6 months ago, and i got an extension letter for my resident card for 48 months, while in the process of removing the conditions.

unfortunately me and my spouse have recently ended our marriage. my question is if i should notify... View More

James L. Arrasmith
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answered on Jan 2, 2024

If you have filed an I-751 Petition to Remove Conditions on Residence and are now going through a divorce, it is important to notify U.S. Citizenship and Immigration Services (USCIS) about the change in your marital status. The divorce can affect your immigration status, but it doesn't... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: divorce after file for i751Petition to remove conditions on residence, whats next?

I filed I751 Petition to remove conditions on residence about 6 months ago, and i got an extension letter for my resident card for 48 months, while in the process of removing the conditions.

unfortunately me and my spouse have recently ended our marriage. my question is if i should notify... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Jan 3, 2024

As another colleague has indicated, yes, you should notify USCIS about your divorce and ask that your case be converted to what is known as a good faith marriage waiver. You do not need to refile the case. Consider scheduling a consultation with a competent and experienced immigration attorney... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: divorce after file for i751Petition to remove conditions on residence, whats next?

I filed I751 Petition to remove conditions on residence about 6 months ago, and i got an extension letter for my resident card for 48 months, while in the process of removing the conditions.

unfortunately me and my spouse have recently ended our marriage. my question is if i should notify... View More

Syed Ali Hussain Lahooti
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answered on Jan 3, 2024

Yes, you should inform the USCIS about it. In order to show the good-faith nature of the marriage and, if applicable, the divorce proceedings (including court proceedings or settlement contracts), you may need to include this information in the package when requesting USCIS to proceed with your... View More

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