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Questions Answered by Kevin D. Slattery Esq.
1 Answer | Asked in Immigration Law for Florida on
Q: My wife & filed I130. Her b2 expired while waiting for the receipt of notice. Do we now need to file I485 supplement a?

We had to file I-130 separate from I-485. We now have the I-130 receipt of notice and all other supporting documentation. However, in that time, her b-2 expired. Do we need to file I-485 supplement a along with the I-485? Or are we exempt as this is a spousal sponsorship?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Sep 28, 2022

If you, the petitioner, are a U.S. Citizen, then your spouse's B-2 overstay in and of itself is not a disqualifier for adjustment of status purposes. She would not need to file supplement A. Consider, however, scheduling a consultation with a competent and experienced immigration attorney... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I have been arrested in Florida twice under student visa . Both cases no trial , I just had to do some courses

Than after 2 courses both of my casas were dismissed! But I’m under student visa I want o to know if I can have any problem going back to USA after this issues ! Can someone who really s understand about to give the a sure answer ! I need to finish my master degree in Miami but I’m afraid to be... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Sep 19, 2022

You should consult with a competent and experienced immigration attorney who can evaluate the dispositions in your criminal cases to determine what possible negative immigration consequences might exist. Without seeing the actual documents from your criminal cases, it is hard to say here online... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: what if i was illegally immigrated here as a baby by my parents and am now 17 seeking status

i was brought here in 2007

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Aug 24, 2022

You should schedule a consultation with a competent and experienced immigration attorney who can evaluate the facts of your life to determine what, if any, paths to permanent residency or some other type of lawful immigration status might exist for you. There are too many "unknowns" in... Read more »

3 Answers | Asked in Immigration Law for Florida on
Q: Green Card Expired. What are my options?

My wife entered the US on a K1 visa. We were married shortly afterwards. She was granted a green card. We were unaware that the initial green card expires after 2 years. She's live with me in the US since 2013. We have a family. I'd like for her to be a permanent resident and be on the... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Aug 21, 2022

Schedule a consultation with a competent and experienced immigration attorney. Assuming that she was not already placed in removal proceedings (without her knowledge) and ordered removed in absentia, the two of you could examine with counsel the possibility of filing an untimely joint petition to... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: I married a Brazilian who came here legally but now his visa is expired,can he stay here legally

He wants to get a social security number to work

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jul 22, 2022

Assuming you are a U.S. Citizen and that your marriage is a bona fide marriage, you can file a petition for relative on his behalf and he may be able to file an application to adjust status. There are too many facts missing from your question to give a definitive answer. You may wish to schedule... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: What else can i show as employment authorization besides my green card?

I recently got hired for a job and they sent me my employment offer. But they need something that shows my employment authorization. I dont have my green card because i lost it and i recently applied for a replacement and its currently being reviewed which could take months. Is there any other way... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jul 7, 2022

There is a list of acceptable documents in the instructions to Form I-9, which they should have had you fill out when you were hired. The employer cannot dictate what it is that you show them to prove employment authorization. For example, notwithstanding that you do not have your green card... Read more »

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Florida on
Q: I have a biometric appointment but I don't have a license or I'd and my green card is expired will I have problems

My passport is expired too it for the i 90 form

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jul 3, 2022

In all likelihood they will take your biometrics notwithstanding the expired green card and expired passport. Do bring those photo IDs, however, and any other photo ID you may have, even if not government issued, to prove your identity. Also beginning in January 2021, USCIS began issuing a... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: How not to get out of status?

The immigration officer only gave me a one-month stay, which affects my travel schedule, my plan to meet my US colleagues face to face (since I am a remote worker, a software engineer), and losing money since I already paid for my stay and airline tickets to new York, I am in Austin at this moment,... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jun 13, 2022

Consider scheduling a consultation with a competent and experienced immigration attorney. You might want to try to contact a supervisor at a U.S. Customs & Border Protection deferred inspection site to see whether they might view the limited duration of status given by the officer as an error... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: Green Card "New Card is being Produced" - what does that mean?

My partner is on a L1A and applied for Green Card. She received a notification for her i-485 that "Card is being produced"? Does it means she will receive an EAD or Green Card? If she receives her EAD, can she leaves her current employer? thank you.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jun 13, 2022

Based on how you have presented the facts and posed your question, it sounds as though the green card is being produced. As to leaving the employment of the employer that sponsored your partner for the green card upon receiving the green card, your partner may wish to schedule a consultation with... Read more »

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4 Answers | Asked in Immigration Law for California on
Q: I need help filing an I-601 waiver for immigration purposes.

I have been considered inadmissible at the moment but I have the requirements to void this.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jun 13, 2022

Consider scheduling a consultation with a competent and experienced immigration attorney. Although you may in fact need to file a waiver for whatever ground of inadmissibility the government has asserted applies, sometimes the government's assessment is incorrect that a particular criminal... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: I've been out of the US for 8 years. My green is expired by 1 year. I am trying to reenter. What steps should I take?

I am in St. Kitts. The closest U.S. embassy is in Barbados. I would like to avoid going there. Can I feasibly reenter the US and apply to renew my status there?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jun 10, 2022

Based on your facts as you present them, it seems that, if you are intending as reentering as a permanent resident, you would need to apply for an SB-1 returning resident visa, but the likelihood of success may be low given your length of time outside the U.S. A consultation with a competent... Read more »

2 Answers | Asked in Immigration Law for Ohio on
Q: Hello I’m trying to submit my applications for spousal I-130 and I-485 from F-1 should i submit i-130 online?

I have my apps together can i someone look over and give comments before i submit? i have one month left before i am illegal

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jun 13, 2022

Paper-filing both cases together would be the preferred option. Consider also scheduling a consultation with a competent and experienced immigration attorney who can evaluate fully your case to make sure there are no issues that you are overlooking. Ever since the onset of the COVID-19 pandemic,... Read more »

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2 Answers | Asked in Immigration Law for Nevada on
Q: Hello, I am applying for Green Card w/Form I-130 & I-485 & I-864. Do I need also 245(i) w/Penalty $1,000?

I was brought to the US by my parents illegally, w/o inspection or Visa in 1989 when I was 3 yrs old. I have been in this country ever since. I am now under DACA and have a Work Permit.I am applying for Green Card w/Form I-130 & I-486 & I-864 as my Spouse of 4 years is a US Citizen.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jun 13, 2022

Before you spend the filing fee money in connection with an application to adjust status, you should consult with a competent and experienced immigration attorney who can evaluate your eligibility. A basic requirement for adjustment of status is that one was either "inspected and... Read more »

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4 Answers | Asked in Immigration Law for Florida on
Q: B1/B2 visa expired for me, my wife and my daughter. My son was born in the US. What are my options?

I have electrical engineering diploma from Brazil and have a job offer to work in the US -- but cannot work without proper working permit.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Apr 5, 2022

You should schedule a consultation with a competent and experienced immigration attorney who can ask you many questions to evaluate best what, if anything, can be done. As another colleague responded, more information is needed. Many attorneys offer online video consultations. Good luck!

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3 Answers | Asked in Immigration Law for Florida on
Q: I am a foreign National currently in the US, in process of getting a F1 visa and I married a permanent resident

With a DUI, Can he sponsor me for a spouse visa?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jan 14, 2022

A DUI would not preclude your permanent resident spouse from sponsoring you. Consider, however, scheduling a consultation with a competent and experienced immigration attorney to discuss other aspects of the family-based immigration case you are considering. Many attorneys offer online video... Read more »

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3 Answers | Asked in Domestic Violence and Immigration Law for Florida on
Q: I’m currently a temporary permanent resident and I’m married. However, my marriage involves a lot of emotional abuse.

None

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Dec 27, 2021

Consider scheduling a consultation with a competent and experienced immigration attorney who can discuss in private the details of your situation and what might be the best course of action. Many attorneys offer online video consultations if you find one who you like but who is not local to your... Read more »

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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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