Questions Answered by Kevin D. Slattery Esq.

Q: I have 877.03 and I have a green card that can make me deported?

1 Answer | Asked in Immigration Law for Florida on
Answered on Apr 18, 2019
Kevin D. Slattery Esq.'s answer
Generally speaking, breach of peace/disorderly conduct is not a removable offense. However, for a more definitive answer to your question, you should bring certified copies of your criminal records to a competent immigration attorney who can analyze them.

Q: Can USCIS use a self employed persons write offs to deny them as a sponsor for a I-485

2 Answers | Asked in Immigration Law and Appeals / Appellate Law for Florida on
Answered on Apr 18, 2019
Kevin D. Slattery Esq.'s answer
I agree with my colleague Kevin L. Dixler, in that you may wish to consult with a competent immigration attorney to see whether pursuing a motion to reconsider is in order or simply re-filing the case. I would note, however, that the instructions to Form I-864 provide: "For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered."...

Q: I’m an immigrant, just have got married and want to change my last name. How can I do it?

1 Answer | Asked in Immigration Law for Florida on
Answered on Apr 16, 2019
Kevin D. Slattery Esq.'s answer
If you are referring to changing your surname (family/last name), you can identify your married surname as your current surname. There are typically boxes on the immigration forms for "other names used", wherein you would list your name before marriage. The USCIS Adjudicator's Field Manual (AFM) provides at Chapter 51.4(a): "A married woman may choose a legal married name (husband’s surname), a legal pre-marriage name (retention of maiden name), or any form of either (e.g., hyphenated...

Q: If a child was born Canada can he apply for us social security card

1 Answer | Asked in Immigration Law for Florida on
Answered on Mar 25, 2019
Kevin D. Slattery Esq.'s answer
The answer to your question depends on a number of facts that are not provided in your question. If you mean the child born in Canada somehow has a claim to U.S. Citizenship because, for example, he or she has U.S. Citizen parents, then the answer is yes. There are even circumstances where a child born abroad to a U.S. Legal Permanent Resident mother who returns to the U.S. with the mother during the mother's first trip back to the United States after giving birth; that child is entitled to...

Q: Can I marry my foreign fiancé in Canada )I’m American he’s not ) then apply for adjustment of status when in USA?

3 Answers | Asked in Immigration Law for Florida on
Answered on Mar 18, 2019
Kevin D. Slattery Esq.'s answer
A consultation with a competent immigration attorney is advisable. An experienced immigration attorney can explain the various paths to permanent residency for your spouse that comport with the law, including immigrant visa consular processing or fiance(e) visa processing. Again, considering scheduling an appointment with a lawyer. Congratulations on your impending nuptials!

Q: I'm a Daca recipient, can I travel abroad for studies?

1 Answer | Asked in Immigration Law for Florida on
Answered on Mar 12, 2019
Kevin D. Slattery Esq.'s answer
You should consult with a competent immigration attorney who can can analyze the particular facts of your situation. Generally speaking, U.S. Citizenship & Immigration Services is no longer granting "advance parole" travel documents to DACA beneficiaries such that they could reenter the United States to resume their DACA "status." Depending on the age at which you were granted DACA and your prior entry/exit history to/from the United States, you may not necessarily trigger a "bar" to reentry...

Q: Does your American spouse have to submit taxes of the last year or of the last 3 years when applying for my residence?

2 Answers | Asked in Immigration Law for Florida on
Answered on Feb 27, 2019
Kevin D. Slattery Esq.'s answer
The answers to some of your questions are case specific. You may wish to consider scheduling a consultation with a competent immigration attorney. Bring with you to your consultation your questions as well as copies of documents you filed with USCIS. Speaking generally, processing times vary by USCIS field Office. As it concerns conditional residence, if on the day you are approved for permanent residency you have been married less than 2 years, then you will be given conditional...

Q: If my dad was arrested under criminal charges, what are the chances of having to go in front of an immigration lawyer?

2 Answers | Asked in Criminal Law and Immigration Law for Florida on
Answered on Feb 20, 2019
Kevin D. Slattery Esq.'s answer
If your father is undocumented, in any type of lawful nonimmigrant status, or even a U.S. Legal Permanent Resident and is facing a pending criminal charge, it is advisable that he consult with a competent immigration attorney who can advise him (and possibly also his criminal defense attorney if that attorney does not practice immigration law) on the potential negative immigration consequences of pleading to or being convicted of certain criminal charges. If your father is in criminal...

Q: My husband has a immagration hold and is married to a American citizen how do i get the immagration hold lifted

3 Answers | Asked in Immigration Law for Florida on
Answered on Feb 11, 2019
Kevin D. Slattery Esq.'s answer
Consult with a competent immigration attorney. Sometimes if there is an ICE hold on the individual at the criminal detention facility, it may be wise to NOT pay the bond set by the criminal court judge in connection with the criminal case. Doing so could hasten when ICE takes the individual. If ICE refuses to set an immigration bond or release him on his own recognizance, then he may be transferred to an immigration detention facility far from where he and his family live normally. It is...

Q: My boyfriend is a PR of the USA. He was charged with a criminal offence back in 2002. He recently tried to visit me in

2 Answers | Asked in Criminal Law and Immigration Law for Florida on
Answered on Feb 7, 2019
Kevin D. Slattery Esq.'s answer
He, or someone on his behalf if he is detained, should likely contact an immigration lawyer to schedule a consultation. It would also be best to forward to the prospective attorney for your boyfriend copies of all criminal case documentation that you, your boyfriend or the family may have. This will help the attorney to analyze the situation more quickly. If he is in an immigration detention center, it may be best to look for an immigration attorney who is close in proximity to the detention...

Q: Can my partner come to America (he’s British) to marry while on visa waiver program ? He does not intend on staying

2 Answers | Asked in Immigration Law for Florida on
Answered on Jan 31, 2019
Kevin D. Slattery Esq.'s answer
Although it is permissible to marry one while in the United States in visitor status and to thereafter depart, at that point the U.S. Citizen Spouse would need to file a Petition for Relative case. Following approval thereof, the foreign national spouse would pursue an immigrant visa case through the National Visa Center and U.S. Embassy abroad. The petition and visa process in its entirety could take approximately 10 - 12 months. If your goal is to get the foreign national prospective...

Q: my girlfriend is ready to fly to Orlando area from Athens Greece with her minor children, to get married and live here

3 Answers | Asked in Immigration Law for Florida on
Answered on Jan 28, 2019
Kevin D. Slattery Esq.'s answer
You should consult with a competent immigration attorney who can advise you on the proper way(s) by which she can immigrate. If one is using a nonimmigrant visa (such as B-1/2 or Visa Waiver Program/ESTA) with the preconceived intent of immigrating permanently, the immigration service could (and likely would) perceive that as fraud. The Department of State's Foreign Affairs Manual does speak of the acceptability of entering the U.S. in visitor status with the purpose of marrying here SO LONG...

Q: In the US naturalization process, if one was outside US for over 1 year, does the 5 year clock starts from scratch?

1 Answer | Asked in Immigration Law for Florida on
Answered on Jan 24, 2019
Kevin D. Slattery Esq.'s answer
Barring your wife having submitted and received an approval of an Application to Preserve Residence for Naturalization Purposes (Form N-470), your wife would need to wait to apply for citizenship four years and one day after returning to the United States from her trip that lasted more than 1 year. The reentry permits may excuse your and your wife's absence of more than 1 year in terms of you not being accused of having abandoned your permanent resident status, but that does not prevent a...

Q: Is it possible for a U.S. citizen to marry a Mexican citizen, and for said Mexican citizen to gain legal residency?

2 Answers | Asked in Immigration Law and International Law for Florida on
Answered on Jan 17, 2019
Kevin D. Slattery Esq.'s answer
Whether the Mexican Citizen in question will gain legal residency requires a case specific analysis, including an analysis of any prior negative immigration history, prior criminal history, etc. Absent serious negative immigration history and absent serious prior criminal history, yes, it may be possible for the individual to gain legal residency. If the individual is not eligible for adjustment of status, then he or she may need to pursue an immigrant visa consular processing case. A...

Q: I'm married with a American citizen, I would like to apply to the green card, what is the right form to fill up?

4 Answers | Asked in Immigration Law for Florida on
Answered on Dec 10, 2018
Kevin D. Slattery Esq.'s answer
First, congratulations on your marriage! Next, as has been pointed out by others who have responded to your question, it is often a good idea to speak with a competent immigration attorney at a consultation. The attorney will ask you a variety of questions to determine what is the best course of action as well as to determine whether there exist any pitfalls about which you may be unaware. For example, past negative immigration history or past negative criminal history can often complicate...

Q: Should my 23 yr old nephew go to the green card interview with mom since he was arrested for smoking weed in 12/2017?

1 Answer | Asked in Immigration Law for Florida on
Answered on Dec 3, 2018
Kevin D. Slattery Esq.'s answer
Any time an individual seeking some type of U.S. immigration benefit has past criminal history, it is wise to bring copies of the criminal case documents to an immigration attorney for analysis. Without seeing those documents and without asking a series of questions, it is impossible to say one way or the other whether the situation you are describing above will pose a problem. Schedule a consultation with a competent, experienced immigration attorney. Some offer online Skype consultations.

Q: Can I solicit a tourist visa for the mother of my child of Honduran citizenship. Our baby boy has an American passport

2 Answers | Asked in Immigration Law for Florida on
Answered on Nov 30, 2018
Kevin D. Slattery Esq.'s answer
Are you a U.S. Citizen? If so, and if you are not yet married to your child's mother, then a K-1 fiancee case may be appropriate. One would need to know, however, whether your child's mother has any criminal history or negative past U.S. immigration history that could complicate such a case. If you are a U.S. Citizen, another possibility could be that you marry abroad, and then pursue a family-based immigrant visa for your wife. You likely should schedule a consultation with a competent...

Q: My girlfriend is currently in Florida on a work Visa: AuPair. She wants to quit her job and enroll in College, advice?

1 Answer | Asked in Immigration Law for Florida on
Answered on Nov 26, 2018
Kevin D. Slattery Esq.'s answer
She should schedule a consultation with a competent immigration attorney. If she is hoping to do a change of status from within the United States, maintaining lawful nonimmigrant status at all times is imperative. Again, she should seek the advice of an attorney who can review all strategies with her.

Q: My daughter entered THE LOTTERY in Canada. I'm a citizen, can I also file form I-130 ?

2 Answers | Asked in Immigration Law for Florida on
Answered on Nov 14, 2018
Kevin D. Slattery Esq.'s answer
Of course you can file Form I-130 for your daughter(s). You may also wish to schedule a consultation with an immigration attorney to flush out other possibilities. When your children were born, and I'm uncertain whether at the time of their births Cuba had an embassy in Canada, did you register their births with the Cuban embassy/consulate? If so, do you know if the consular certificates documenting the children’s births to you (presumably still then a Cuban citizen) get formally...

Q: How to find out if i have a deportation noice.

1 Answer | Asked in Immigration Law for Florida on
Answered on Oct 22, 2018
Kevin D. Slattery Esq.'s answer
File Freedom of Information Act (FOIA) requests with both U.S. Citizenship & Immigration Services (USCIS) and the Immigration Court housed under the Executive Office for Immigration Review (EOIR).

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