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Questions Answered by Kevin D. Slattery Esq.
5 Answers | Asked in Immigration Law for Florida on
Q: When can I file the petition for the K1 visa?

I met my girlfriend now fiance back in august 2019, when can I petition for the K1 visa? We have already met twice.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Feb 2, 2021

As the saying goes, "There's no time like the present." - particularly given the requirement that you and your fiancée have met physically at least once during the 2 year period immediately preceding the filing of your Petition for Fiancé(e). Consider scheduling a consultation... Read more »

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4 Answers | Asked in Immigration Law for Florida on
Q: I am a US citizen..My mother have Tourist visa, she is 86 and recently my father died,she is leaving in Ecuador ,

I am planning to get her here to live with me..Can I ask the immigration officer for adjust of status at the port of entrance ? O need to start the petition while she is over there? ..She is alone in Ecuador...my brother and sister can’t take care of her but I am

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jan 19, 2021

Consider scheduling a consultation with a competent and experienced immigration attorney who can advise you and your mother the proper procedure for immigrating permanently to the U.S. given her intent to do so from outside of the United States. If she has preconceived intent from outside of the... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: Green card and Citizenship

Hi .. i am greencard holder since December 2016 , I have trips outside USA some between 6 months to 1year but none more than 1 year to settle my things and quit the job in my original country , total time outside USA less than 30 months, I settled in USA since March 2019 and have no intention to... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Dec 11, 2020

Unless you have been married to and living with a U.S. Citizen spouse for the last three (3) years, it would be premature to file an application for naturalization, as it seems you may need to file under the "5-year" rule. Even then, if you have any trips outside the United States during... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: If I was under 18 when I came to the US on a green card but my father is a US citizen, I'm i a citizen Now I'm over 18?

Or do I need to fill the paper work and take the test?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Dec 11, 2020

Depending on a number of factors, including but not limited to whether your father was a U.S. Citizen prior to your 18th birthday, you may have automatically acquired U.S. Citizenship before your 18th birthday. What would be best is for you to schedule a consultation with a competent and... Read more »

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5 Answers | Asked in Immigration Law for New Mexico on
Q: Our church Pastor and his wife have been here over 30 year but do not have legal status. Can the church sponsor them

They do have 2 adult children born here too. He has been the pastor for 24 years

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Dec 11, 2020

It would certainly be wise for the pastor, his wife and their children to schedule a consultation with a competent and experienced immigration attorney. The limited amount of information you provided does not allow one to say conclusively whether, for example, prospective cases could be completed... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: I would like to know if It’s possible to apply for fiancée visa during this Period?
Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Dec 10, 2020

Yes, one may pursue a fiancé(e) visa during the pandemic. In fact, before even dealing with the U.S. Embassy for issuance of the visa, the U.S. Citizen Fiancé(e) must file first here in the United States a Petition for Fiancé(e) with U.S. Citizenship & Immigration Services. Once that... Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: My husband wants to file the I130 but I have over stayed my time already would that be a problem? What docs do we need?
Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Dec 11, 2020

Generally speaking, with some exceptions, overstaying one's status is not an impediment to seeking permanent residency from within the United States based on marriage to a U.S. Citizen. You should likely schedule a consultation with a competent and experienced immigration attorney who can... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Can I apply for diversity immigration while I am in the United States on a visitors visa
Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Nov 5, 2020

To the extent you mean submitting an entry in the DV-2022 program, being here in B-2 status would not preclude you from submitting an entry so long as you meet all requirements for the DV-2022 program. See... Read more »

3 Answers | Asked in Immigration Law for Florida on
Q: Can I get a drivers permit with a -765 approval letter in Florida
Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Nov 5, 2020

The actual work card issued in connection with the I-797 approval notice for the I-765 is what you would want to bring for issuance of a driver license in Florida.

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2 Answers | Asked in Immigration Law for Florida on
Q: I am a permanent resident and I want to know if I can married my boyfriend (who lives out of the country).

I am a permanent resident and I want to know if I can married my boyfriend (who lives out of the country) and have him go back to his home country. When I gain citizenship (I applied already and I am in my sixth month of waiting for an interview), I could have him come back to the USA and filed an... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Oct 1, 2020

You can marry him while you are only a permanent resident and can in fact file for him while you are only a permanent resident. His case will be placed in the preference category line. After you naturalize, you can always "upgrade" it to "spouse of U.S. Citizen." As far as... Read more »

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4 Answers | Asked in Immigration Law for Florida on
Q: looking for immigration attorney for help on my 751 application. I am 100% legal in the USA since 1999 i need help
Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 17, 2020

As you can see from the responses, there are attorneys available to assist. Consider scheduling a consultation with an experienced immigration attorney who can not only listen to what your concerns may be, but who can also ask you a series of questions to determine the issues that may exist for... Read more »

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4 Answers | Asked in Immigration Law for Florida on
Q: Fiance visa

I am a US citizen and I want to bring my boyfriend from Dominican Republic to the United States. I would like to know which would be the best and fastest way - should I merry him in DR or should I apply for the fiance visa here in the US ?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 14, 2020

Generally speaking, and assuming that you and your fiance(e) meet the requirements for the K-1 visa process, a fiance(e) based case would go faster than a case wherein you marry abroad. That is a generalization, and you should consider having a consultation with an experienced immigration attorney... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: i have political asylum from venezuela. my wife is citizen, what form do i need to complete? i-130 or i-485 or both?
Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 7, 2020

Additional details are needed in order to answer accurately your general question. A competent, experience immigration attorney will likely ask you a series of questions to determine what are your facts and, based on those facts, what is the best course of action for you. Many attorneys during... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: A 16 year old is in the US on an ESTA from Hungary, living with his father who is a citizen. How does he get citizenship
Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 1, 2020

It would be best to schedule a consultation with a competent immigration attorney. There are additional details that are needed in order to be able to provide an answer. There can be different paths to citizenship depending on one's facts. Many law firms, including my office, are providing... Read more »

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I am on H1B, my children are born citizens. Can they continue to go to school if I were to change my status to B2?

Changing status from H1B to B2 due to job loss or personal reason, need additional time to dispose things in the states.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Aug 30, 2020

Supreme Court case law affords children an education up through and including high school, notwithstanding their immigration status. Of course, a child in B-2 visitor status who attends school would be violating the terms of his/her visitor status, but the school would not (should not) prevent the... Read more »

4 Answers | Asked in Immigration Law for Florida on
Q: I am a Us citizen and my husband and I will like to bring his daughter and her mother to Usa, how?

The child is a minor and we feel she needs to come to USA with her mom.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Aug 26, 2020

Consider scheduling a consultation with a competent immigration attorney who can review possible options in depth with you. By my reading of how you have phrased your question, you seem to be stating that your husband has a minor child from a prior relationship, and that you wish for that child... Read more »

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4 Answers | Asked in Immigration Law for Florida on
Q: When submitting form I-485 do we also send documents proofing relationship?

Hello, my American citizen husband and I got married back in June of 2018 here in Florida, right after we got married, we sent the form I-130 only, together with a lot of documents and photos that proof our relationship through the years we’ve been together, it took a whole year to get approved,... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Aug 16, 2020

Generally speaking, if the Petition for Relative has already been approved, you should not need to provide additional evidence of the bona fide nature of your relationship with the Form I-485. That being said, it can't hurt to do so. Regarding the public charge form, there is much ongoing... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Hi, This is for a homeless man. Who can I contact that can help a homeless man that has lived in Florida for over 6 yrs

Born in Brazil, family moved to new york. Has very little new york identification, no birth certificate,.

But has had food stamps in new york.

He is 56. Y/O.

Who can help him get his identification paperwork updated for Florida.

He can not get any food stamps.... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Aug 3, 2020

A little more information is needed to be able to provide a best response. Were his parents U.S. Citizens at the time of his birth abroad? Did he ever have a green card, some type of visa to come to the U.S. or ever apply for a certificate of citizenship or any other immigration benefit with... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: My sister filed for me in 2004 and my son was 14 yrs old now I got through in 2018 and he is 28 yrs old and married sl

So would he and his wife be able to get through

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jul 29, 2020

Although the Child Status Protection Act (CSPA) can under certain circumstances protect a derivative beneficiary child from "aging out" of a petition, a derivative beneficiary child who marries cannot, by virtue of being married, remain as a derivative beneficiary on the case. Barring... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: TN Visa restrictions due to COVID-19?

Im currently working in the US under a TN Visa that will expire in September, I read about the new restrictions for applying to H1B and student visas (among others) but there was no mention regarding TN visas. Do the same restrictions apply or since the TN was not listed its safe to assume its not... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jul 15, 2020

Consider scheduling a consultation with a competent immigration attorney. Even if TN is not affected by recent executive orders, border closures (Canada/U.S.) and embassy closures, the latter in particular if you are a Mexican in TN status, may make it wise to seek an extension of your TN status... Read more »

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