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Questions Answered by Kevin D. Slattery Esq.
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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2 Answers | Asked in Immigration Law for Florida on
Q: Applying for green card

I have filed i130 in USCIS site as a beneficiary of a green card holder. In my account it shows that: "Your benefit request has been accepted and is under review." I am wondering whether I am able to file I485 now? If not, when can I do that? How can I be informed about approval of my... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jul 8, 2020

Consider scheduling a consultation with an experienced immigration attorney. A spouse of a U.S. legal permanent resident seeking to adjust status in the United States should maintain some type of lawful status up through the date an application to adjust status is adjudicated. You do not indicate... Read more »

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4 Answers | Asked in Immigration Law for Florida on
Q: I have a pending asylum case. My parents got US citizenship. As I know they can petition for me as for a relative.

What are cons and pros of it? Will this petition affect my employment authorization? Will it affect my asylum case? Should they do it or not?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jul 8, 2020

There are many missing pieces of information that an attorney would want to know in order to answer your question thoroughly (e.g., your manner of last entry to the U.S., your age now, your marital status, etc.). You may wish to consider scheduling a consultation with a competent immigration... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: I'm a U.S. citizen married to a LPR. Will her status as a LPR be interrupted if I am employed abroad and we live abroad?

Will issues arrive if I accept employment abroad as she has been a LPR for roughly 1 year? What measures can be taken to avoid issues with an 'interruption' of her permanent residency in the U.S. if I choose to accept employment and we legally live outside of the country?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jun 25, 2020

The short answer to your question is "possibly." However, there may be measures you can take to protect her status as a lawful permanent resident, such as filing for a reentry permit. For whom you work abroad may also open up options for her, including naturalization (if that is... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I’m a green card holder. I’m currently on probation for a felony w/ adjudication when all restitutions are paid.

My mom passed away in Jamaica. Can I travel to Jamaica?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jun 22, 2020

You need to have an immigration lawyer evaluate the disposition in your criminal case to determine whether it constitutes a ground of inadmissibility under Immigration & Nationality Act (INA) § 212. You would not likely experience a problem leaving the United States, but upon reentry,... Read more »

5 Answers | Asked in Immigration Law for Florida on
Q: My husband is a New Zealander. I am a US citizen. Spousal Visa:do I have to pledge to be his sponsor & financial guardi

Do I have to be his financial guardian? Meaning, when I sign his paperwork, am I pledging to be his financial guardian?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jun 4, 2020

In addition to what other colleagues have already stated, I recommend that you read pages 6-7, in particular, of Form I-864. It spells out your obligations. Available online at: https://www.uscis.gov/system/files_force/files/form/i-864-pc.pdf?download=1 Consider scheduling a consultation with... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: How do you get married to a spouse overseas?

So I’m trying to get married to my girlfriend. She’s in the uk and im in the us. I know how the immigrant marriage visa process works to get her here. But how do I get married to her in the first place if you’re not allowed to marry on a tourist visa?(as this can ban her from the us... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on May 27, 2020

First and foremost, congratulations! Next, it is a common misconception that one cannot marry in the United States while here on visitor status. One can do so while in visitor status as long as the person does not have the intent at the time of marrying in the U.S. to thereafter pursue adjustment... Read more »

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4 Answers | Asked in Immigration Law for Florida on
Q: Can I get marry to a american citizen on C1-D visa and do I need to file weaver before getting married?

What are the new law’s

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on May 6, 2020

I concur with the comments of my colleague Kevin Dixler. Consider scheduling a consultation with a competent, experienced immigration attorney who may be able to guide you through the process to avoid any pitfalls, to the extent that none exist already.

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3 Answers | Asked in Immigration Law for Florida on
Q: Whether to respond to citizenship denial letter

Denial letter was accompanied by a six page letter of allegations towards my green card petitioners -(my father and step-mother) allegations of fraud and misinterpretations . Opinions that I should not have obtained my permanent residency to begin and not eligible from their standpoint , I've... Read more »

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

As my colleagues have already indicated, you should speak with a competent, experienced immigration attorney. You might expect to receive next in the mail a Notice to Appear in Removal Proceedings. In these proceedings, counsel for the government would be arguing that you should be stripped of... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: Can I change my last name when filling form I-751?

I need to replace my temporary green card with a permanent one soon, and I want to change my last name from my birth one to my husband’s. Can I change it on the I-751 form? If so, how should I do it?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Apr 25, 2020

I concur with my colleague Kyndra Mulder.

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5 Answers | Asked in Immigration Law for Florida on
Q: Can I apply for naturalization if my green card expired 2 months ago instead of renewing the green card?

I am married (23 years and counting) to a US citizen and have been living in the USA since 1995 legally. I was gained permanent resident status back in 1999.

I meet all the criteria as per the N-400 form. My green card expired 2 months ago, and I would like to apply for citizenship... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Apr 23, 2020

Although I have not known USCIS to deny one's naturalization application under circumstances such as those that you describe, what I do know is that USCIS has a policy/guidance whereby they want applicants under such circumstances to submit an application for replacement green card in addition... Read more »

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