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Questions Answered by Kevin D. Slattery
3 Answers | Asked in Immigration Law for Florida on
Q: I have a deport but now I am married with USA citizen, can I get legalized or I have no more chances

Hello, I was in asylum for a long period of time and unfortunately it was a negative response, BIA dismisss it so practically I have a deportation order. That was in 2019. Not I am marrried since 2023 with American citizen , can I adjust my status yet?

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 1, 2024

Consult with a competent and experienced immigration attorney. A basic eligibility requirement for adjustment of status is that you were originally inspected and admitted OR paroled. If you entered without inspection, were placed in removal proceedings and now have an unexecuted order of removal,... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: If I married someone who is a us citizen, and my visa expired and passport expired

If I married someone who is a us citizen, and my visa expired and passport expired, can i renew my visa/greencard? I am in Florida now, but I was married in Wi

Kevin D. Slattery
Kevin D. Slattery
answered on Feb 1, 2024

If you are asking whether you can get a green card as a visa overstay based on your marriage to a U.S. Citizen, it may be possible. However, additional details are needed, including whether you have any other past negative immigration history or criminal history. What might be best for you and... 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?

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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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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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

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: Can my brother (US Citizen) can sponsor me (J1 Visa holder) for a Green Card?
Kevin D. Slattery
Kevin D. Slattery
answered on Dec 27, 2023

Yes, your brother can sponsor you, but the line is very long. Additionally, the simple filing of his petition for relative on your behalf does by itself permit you to remain in the United States while waiting for your spot in line. Consider scheduling a consultation with a competent and... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: What do I need to do to be able to live with my fiancée in the US??

I am engaged to my fiancée who is a US citizen. We have been planning on starting a future together as a married couple for almost a year, However, I've only been able to visit them through ESTA visa, I would like to start becoming more serious and hopefully getting to be with them permanently.

Kevin D. Slattery
Kevin D. Slattery
answered on Nov 20, 2023

Consider scheduling a consultation with a competent and experienced immigration attorney who can discuss with you the K-1 fiancé(e) visa process. This would be the process to pursue if you intend on having your wedding ceremony occur inside the United States. If, however, you wish to be married... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: My brother came with visa B1/B2 if i do a petition I-130 x him can he stay longer that the period issue by immigration?
Kevin D. Slattery
Kevin D. Slattery
answered on Oct 26, 2023

The filing of a petition for relative does nothing to extend the validity of one's authorized period of stay in visitor status. If your brother wishes to extend his stay in visitor status, he needs to file with USCIS a Form I-539, Application to Extend/Change Nonimmigrant Status. Moreover,... View More

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2 Answers | Asked in Immigration Law and Tax Law for Florida on
Q: I’m applying for citizenship in a few weeks but I just realized I’ve been exempt for taxes this whole year.

Will it affect my application?? Will it be rejected?

Kevin D. Slattery
Kevin D. Slattery
answered on Oct 15, 2023

Not having filed a federal income tax return in any particular year is not per se a problem if in fact you can demonstrate that you were under no legal obligation to have filed a tax return. Consider scheduling a consultation with a competent and experienced immigration attorney who may be able to... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: I am a Venezuelan who entered with an I-220A. Can I apply for TPS? I've already filed for an I-589 if it matters.
Kevin D. Slattery
Kevin D. Slattery
answered on Oct 9, 2023

When did you enter the United States? If you can demonstrate continuous residence in the U.S. since July 31, 2023, then you may be eligible. There are other things to consider, including whether you have any disqualifying criminal history or grounds of inadmissibility that can be forgiven with a... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: Can I apply now for TPS venezuela redesignation before uscis update the page? There is still old date even been announce

If I qualify for the new TPS re-designation for Venezuela that states you can apply for that benefit if your entry was before July 31st 2023, it was already announced on DHS page, but on USCIS still appears Continuous Residence in U.S. Since: March 8, 2021, can I apply since now or should I wait... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Sep 24, 2023

Under the redesignation of Venezuela, eligible individuals who do not have TPS may submit a Form I-821, Application for Temporary Protected Status, during the initial registration period which will be specified in a FORTHCOMING Federal Register notice. Applicants also may apply for TPS-related work... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: I have a child who is an American citizen born abroad. Do I have to add her to my immigrant wives i-864 as dependent?

I added my parents, my wife and child and me as 5 household in i-864 for my wives sponsorship. My daughter is an abroad born American Citizen with US passport, I added her as a dependent on the i-864. By adding her as a dependent, the household size is 5, Do i need to add her to that i-864, 1st... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Sep 19, 2023

Consider scheduling a consultation with a competent and experienced immigration attorney who can view the documents. Many attorneys offer online video consultations. You should note that when using assets to make up for insufficient income, it is not a straight formula where, for example, if you... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: I'm a candian citizen but I have my usa pr. How long could I stay out of the usa before returning back home in the USA

I'm wondering if staying out of the usa for roughly 4 months or more may jeopardize my pr card and have it revoked. I'm planning to work remotely and still work as an American.

Kevin D. Slattery
Kevin D. Slattery
answered on Aug 20, 2023

Section 101(a)(13)(C)(ii) of the Immigration and Nationality Act (INA) permits a U.S. Customs & Border Protection (CBP) officer to accuse a U.S. legal permanent resident returning from a trip that has lasted continuously for longer than 180 days abroad as having abandoned his or her lawful... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: How can I find out if my green card was canceld after my naturalization was denied?
Kevin D. Slattery
Kevin D. Slattery
answered on Aug 2, 2023

The denial of a naturalization application in and of itself does not result in the cancellation of one's permanent resident status. Often, in the adjudication of a naturalization application USCIS may learn of issues that make one deportable but that do not implicate that the permanent... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: iam doing naturalization, i was cited for petit thef, court dispo was nolle pros, in my I400 what i have to write?

was cited, not arrested for petit thef, i had comunity hours servise in MDP and a course and the court dipo was nolle pros, iam traying to fill the I400 form and i dont know how to answer the criminal questions.

Kevin D. Slattery
Kevin D. Slattery
answered on Jul 9, 2023

Consider scheduling a consultation with a competent and experienced immigration attorney who can evaluate your criminal case documents. Even if you were not convicted, "when" you were cited/accused of violating the law can be crucial to your prospective naturalization case. USCIS will... View More

1 Answer | Asked in Immigration Law for Florida on
Q: As a US citizen, may I move to the US with my foreign family and apply for the I-130 family immigration once there?

If so, may my spouse work once the family immigration application is submitted?

Will my spouse need an ITIN to be able to work?

How is one applied for?

How long does the family immigration process take?

We have 3 children, 19 and under, I’ll be petitioning for.... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Jul 9, 2023

You have many questions, all of which could be best answered in the privacy of a consultation with a competent and experienced immigration attorney. An attorney would also want to ask you questions to determine all relevant facts, including when did you become a U.S. Citizen (at birth or at some... View More

1 Answer | Asked in Immigration Law for Florida on
Q: tengo un ticket de 100usd por pethit theft,en 2 meses aplicare a mi residencia, me afectara?me citaran para ir a corte

Hola realice un pequeño robo en Waltmart por necesidad de dinero (50usd), llamaron a la Policia y me pusieron un ticket de 100usd por Petit Theft. En 2 meses debo realizar mi solicitud de green card, afectará mi petición? Luego de pagar el ticket me llegará alguna citación a la corte ? Ya que... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Jun 18, 2023

Consult with a competent and experienced immigration attorney. Depending on the particular statute under which you were charged and convicted, you may or may not have been convicted of a crime involving moral turpitude, which could serve as a ground of inadmissibility (legal obstacle to getting a... View More

1 Answer | Asked in Immigration Law and Business Law for Florida on
Q: We have a lawn business in florida. We employee 1 worker who isn't documented.

How will this new law that florida passed effect my employee and my business. He is worried about perhaps having to leave florida

Kevin D. Slattery
Kevin D. Slattery
answered on Jun 1, 2023

You should likely schedule a consultation with a competent and experienced immigration attorney who can discuss the details in a private setting. Does your employee "who isn't documented" have lawful work authorization, such as employment authorization through DACA (Deferred Action... View More

2 Answers | Asked in Immigration Law for Florida on
Q: Immigration Question

Hello, I have a friend who came over as a one year old and she is now 22, legally married to an American citizen and is expecting their first child. She only has her foreign passport since she came over without consent as a baby. What are the steps she has to take to get her citizenship? She would... View More

Kevin D. Slattery
Kevin D. Slattery
answered on May 22, 2023

Before seeking citizenship through naturalization, she would need to first apply for U.S. legal permanent resident status. Whether she entered on a visa and overstayed or entered without inspection will dictate which path the case takes. If she entered originally through an official port of entry... View More

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