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Questions Answered by Kevin D. Slattery Esq.
2 Answers | Asked in Immigration Law for Florida on
Q: The immigration officer didn't take immigration visa documents from the consular while entering the US.

While first enter in the US airport officer just requested passports with visa and sent us to declare the amount of money. He didnt request or ask for envelopes from consular. How its bad? we are here for 3 months and still waiting for Green Card by mail

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Oct 11, 2021

After getting your immigrant visas, but before using them to enter the United States, did you log onto the USCIS website and pay your USCIS immigrant fees? If you did not do this, the green cards will not be produced. You can pay the fees after the fact (after you entered), which should trigger... Read more »

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4 Answers | Asked in Immigration Law for Florida on
Q: I have a k1 visa im married ready to apply for adjustment of status I-485 form. I with I 765 and I 131 what is the fee?

I'm married with a us citizen have a k1 visa I believe I need to apply for I 485 and I 765 but I plan to add I 131 for travel document can you please tell me the exact fee for all of them when seeding together with each fee separately of possible?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 24, 2021

If you are filing Forms I-765 and I-131 with a Form I-485, you need only pay the I-485 filing fee, $1225.00. There are no filing fees for Forms I-131 and I-765 when filed concurrently with the Form I-485. Good luck!

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4 Answers | Asked in Immigration Law for Florida on
Q: I overstayed my ESTA with an European passport, but I am also Cuban, can I apply for CAA?

I have dual nationality and I travelled to the US on an ESTA with my European passport. However it is coming up to a year I have been in the US. Can I apply for CAA with my cuban passport and be able to stay legally in the US?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 14, 2021

The bars to adjustment enumerated in Immigration & Nationality Act (INA) 245(c) are inapplicable. So, one who was admitted as nonimmigrant visitor without a visa under the Visa Waiver Program (what you referred to as ESTA) can, assuming all other requirements for the Cuban Adjustment Act (CCA)... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: What are the steps for a father to recognize its adult daughter and for her to claim American citizenship, he's American
Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Aug 25, 2021

The U.S. citizen parent should likely schedule a consultation with a competent and experienced immigration attorney who can evaluate the facts of the parent and child's situation against the applicable law. The citizenship laws have changed over the years, and an accurate answer to the... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: How can I get info on my removal proceedings case? Either to know if there's any updates or when will I receive a NTA..

I had Green Card but was not living in the USA. When I came in December 2017, I was stopped by CBP at the airport and after lots of paperwork and hours, got a Parole Card and documents related to Removal Proceedings. I was given a NTA that said that date, time and place were "to be... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jul 1, 2021

Consider scheduling a consultation with an experienced immigration attorney who may be able to make some inquiries on your behalf.

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3 Answers | Asked in Immigration Law for Florida on
Q: Can my fiancé(Japanese) enter the US witba tourist/visa waiver or does she need fiancé visa?

I am a US citizen and we are planning to get married soon. She is Japanese and will be. Oming to visit in July, we talked about the viability of getting married while she’s here but we want to know if she specifically needs a fiance visa to enter and get married. We’re planning a trip back to... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on May 20, 2021

Fiance(s) visas are intended for those who following their entry to the United States plan to marry here and pursue adjustment of status from within the United States. In your case, it appears that your fiancée intends on departing after marriage (and hopefully before the expiration of her... Read more »

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5 Answers | Asked in Child Support, Divorce and Immigration Law for Florida on
Q: I have a green card through marriage, is conditional and is due to renewal on august 13 2021. Wife wants divorce.

My wife wants a divorce and possibly report me to uscis like she did before when we were together(she sent an email to uscis that she thought I was with her just for the green card which is not true). She wants me to leave our house and me to remove all my belongings and is threatening me with... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Apr 30, 2021

Consider scheduling a consultation with a competent and experienced immigration attorney. Many attorneys during the pandemic, which hopefully is fast approaching an end here in the United States, offer online video or telephonic consultations. Such an attorney can evaluate best your facts and... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: i have a question regarding thn-600 form

My father is citizen and I am a resident. He was a citizen before I was 18 and I got my green card 12 days after I turned 18.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on May 4, 2021

Consult with a competent and experienced immigration attorney to review the facts of your case as may be applicable to the citizenship laws, which have changed over the years. As to the most recent law whereby a permanent resident child can acquire citizenship by virtue of his or her parent(s)... Read more »

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4 Answers | Asked in Immigration Law for Florida on
Q: Where do I start? Can I get an EAD without applying for the I-485 concurrently?

I have a daughter that is 20 that is my preparer and translator. She is trying to help me get an EAD. I had one but it expired in 2007. I came to the USA legally with a visa in 2002. My EAD was in c09 status. All my documents have expired. My passport/visa. Parole paper, EAD. Also I’m here in... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Apr 23, 2021

Consider having a consultation with a competent, experienced immigration attorney who can review the facts of your case with you to provide an informed opinion. Additional information beyond that which you provided in your question is needed. Many attorneys now offer online video consultations,... Read more »

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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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