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Questions Answered by Kevin D. Slattery Esq.
2 Answers | Asked in Immigration Law for Florida on
Q: Can I petition for my son's green card since he lost his status in the US

Me and my son came to the US legally, I have a green card but my son lost his status. Can I petition for his Green Card from the US as he lives with me here in US.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Oct 4, 2019

I agree with my colleague Ileana M. Rivera's response. There are too many details missing from your question for one to be able to answer it properly. Consider scheduling a consultation with a competent immigration attorney who can discuss in private the details of your prospective case.

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1 Answer | Asked in Immigration Law for Florida on
Q: I have a marriage fraud case from 5 yrs ago, can i still marry my current boyfriend and petition him for a green card?
Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 25, 2019

Are you the U.S. Citizen petitioner, or are you the foreign national intended beneficiary? Based on your question, it would seem that you are the U.S. Citizen. Although your participation in a past marriage-fraud case may raise a red flag as to the bona fide nature of your current (prospective)... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: US citizen daughter over 21 sponsor father & mother. Father over 40 work credits - mother 30 - both I-864 Exemption?

Does father and mother get the I-864 Exemption or only the father?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 24, 2019

Are the mother and father of the daughter married to one another? So long as the mother "can be credited with 40 quarters of coverage pursuant to the Social Security Administration’s regulations" (as opposed to having earned herself), then the father's/husband's credits may also cover the... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: Is entering on visa waiver program and getting married but not looking to adjust status considered visa fraud ?

The scenario is she enters the USA on visa waiver program and we decide to get married during the week she will be here visiting and she returns back to Europe and once she’s back in Europe we begin the spouse immigrant green card process from there seen as acceptable ? I understand visa fraud is... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 23, 2019

Arguably, so long as your fiancée intends on returning to the U.K. to conclude a family-based immigration case at the U.S. Embassy, there is nothing fraudulent or illegal about marrying in the United States while here in visitor status under the Visa Waiver Program. The U.S. Department of State's... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: Can my UK fiancé and myself (US citizen) get married in Canada and then apply for immigrant spouse visa to US?

In order to avoid having to apply for a K1 fiancé visa for the USA and not commuting visa fraud by getting married in the states on visa waiver program we were thinking of just crossing over to Canada to get married while she’s here in Vermont for a weeks visit . Can we do this and after She is... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 23, 2019

To be clear, so long as your fiancé intends on returning to the U.K. to conclude a family-based immigration case at the U.S. Embassy, there is nothing fraudulent or illegal about marrying in the United States while here in visitor status under the Visa Waiver Program. The U.S. Department of... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: Once I marry my fiance who has a DACA green card, will he have to leave for consular processing?

Updated**, yes, I am a US citizen. He has not left the USA since he was 14 and now has had a DACA green card for 8 years, he has never left the USA and entered with a valid passport and visa.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 20, 2019

Assuming you (the petitioner) are a U.S. Citizen (not simply a U.S. Legal Permanent Resident), if your DACA spouse last entered the United States using a visa, with just a few limited exceptions, he is likely eligible to complete the marriage-based immigration process stateside through what is... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Originally from Cuba, arrived legally in 1980, my father became a US Citizen in 1997 before I was 18, Am i a US citizen

I've been a permanent US resident for the past 39 years and have kept my papers up to date, I was told that I was considered a US citizen 2 times by USCIS, only to be told by 1 that I wasn't. I just want to know the facts of that law.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 18, 2019

The citizenship laws have changed over the years. You should likely schedule a consultation with a competent immigration attorney who can evaluate the specific facts of your life and your father's as they relate to the law possibly applicable to your situation. Certain issues, such as whether a... Read more »

6 Answers | Asked in Immigration Law for Florida on
Q: Can I reapply for adjustment of status with my husband?

My husband and I were scheduled for our interview for change of status (I-130). We were having marital trouble and did not attend the interview. We have been to counseling and have decided to continue with the marriage but we already recieved the letter that the case was denied and I reinstated my... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Aug 27, 2019

If your Petition for Relative (I-130) case was denied due to abandonment, by not showing up at the interview, yes - it is possible to file again. Consider scheduling a consultation with a competent immigration attorney before doing so, however, to flush out any possible issues. With respect to... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: Can I apply for naturalization with a pending i751 with waiver based on abuse?
Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Aug 26, 2019

ASSUMING that you meet the requirements for naturalization at some point in time during the pendency of the I-751 case, it is permitted to file an application for naturalization (Form N-400) without the I-751 case having yet been adjudicated. In some instances, it can actually help to speed up the... Read more »

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1 Answer | Asked in Criminal Law and Immigration Law for Florida on
Q: Have a possession of marijuana for 2 grams, doing PTI. Will I get deported even if I've have a green card for 8 years?
Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Aug 10, 2019

Generally a PTI in the State of Florida, wherein I see from your post you are located, can be a good disposition in a controlled substance related case so as to avoid negative immigration consequences. I would warn you, however, that in analyzing a Texas PTI case, the Board of Immigration Appeals... Read more »

4 Answers | Asked in Immigration Law for Florida on
Q: Can I petition my parents with my 19 year old sister as a minor for green cards.

I just became a citizen and I want to bring my parents at the same time with my youngest sister. Is this possible since my sister is under 21.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jul 30, 2019

As others have responded, your sister cannot immigrate through any petitions you may file for your parents. She must be the beneficiary of her own petition, filed by either you or by your parents after they immigrate. Unfortunately, there are backlogs in both categories. Consider speaking with a... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Hello! I was pending i-539 application to change my B-2 to F-1 visa. However while waiting I got married and me and my

husband applied for green card. I thought my i-539 will be canceled automatically, but it never happened. Yesterday I got the evidence request for F-1 visa mail, so my application is still pending. Tell me please, what should I do to cancel my i-539 application.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jun 17, 2019

Consider scheduling a consultation with a competent immigration attorney to go over in detail all facets of your case. Generally speaking, however, if you no longer have any intent of pursuing F-1 status and so long as there are no inadmissibility issues in connection with your "green card" case,... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: Hi my mom is Canadian citizen she overstayed since July 2017 due to helping Me with my newborn. At beginning we

Do not know as Canadian Only allow to stay for six months since there is no visa on the passport. After finding that out we also learned that she might not able to come back for 10 years if she leaves. So she stayed instead . surprisingly In 2018 she was able to renew her drivers license with... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jun 17, 2019

If you have not already consulted with an experienced immigration attorney, you should likely do so. The 10-year penalty of which you speak is triggered upon departure. If you are a U.S. Citizen and if your mother has the intent to immigrate to the United States, there may be a way to legalize... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: K1 visa question about income

At my fiancees K1 visa interview he was told that I (the us sponsor) does not make enough money to be his sponsor, even tho I make above the required amount, I believe they will not accept it because I am on disablitlity . I was able to get an amount raised to put into my savings. will this be... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jun 17, 2019

In my experience during the current administration, consular officers are being particularly difficult as it concerns determinations regarding the sufficiency of people's income for affidavit of support purposes. Certain disability income may not be used to make sufficient an affidavit of support,... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Can a Cuban Asylee apply to the Green Card by the Cuban Adjustment Act or does he need to apply as a regular Asylee?

The Cuban presented himself at a border point on the border with Mexico and requested asylum, was detained in a migration center for 3 months, went to trial, won the case and was released as an asylee.

Does this apply as "inspected and admitted or paroled" ?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jun 10, 2019

The answer to your question depends on whether the individual in question was inspected and admitted or paroled. The individual should schedule a consultation with a competent immigration attorney and bring copies of all immigration documentation issued to him or her.

3 Answers | Asked in Immigration Law for Florida on
Q: I were admitted at UNF as a student with F-1 visa (I was seeking for it), but while waiting the interview I got married

And we applied for green card. So now I can’t be an F-1 student anymore and I’m confused about my admission. can I study? And if I can what rights I’ll have? (Paying like an international student or resident?)

My university can’t answer me on that and they are saying I need to talk... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jun 3, 2019

Consider scheduling a consultation with a competent immigration attorney who can evaluate your case and, if you so choose, guide you through the marriage-based immigration process. Through the marriage based case, you may be able soon to qualify for in-state tuition if you plan on continuing with... Read more »

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

im planning to apply for my n400 but my situation is kinda complicated ..i obtained my LPR thru waiver i was emotionally abused by my ex husband been permanent resident for (5yrs.) we divorced (oct2015) grounds for my adultery i didn’t fight him anymore bcoz i just want to be divorced and get out... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on May 30, 2019

You should schedule a consultation with a competent immigration attorney who can evaluate in privacy all aspects of your case. In addition to making sure that you satisfy all requirements for naturalization, one would want to make sure that any "admissions" in your divorce case do not contradict... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: Me and my partner are not married.we have a daughter she is a us citizen..can she claim him..she is a minor.

He is illegal here..

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on May 30, 2019

As another colleague indicated, a U.S. Citizen Child cannot petition for a parent until that child is 21 years old. That being said, the father of your child should consult with a competent immigration attorney who can help to explore all possible paths to gaining legal status. An experienced... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: I have 877.03 and I have a green card that can make me deported?
Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Apr 18, 2019

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.

2 Answers | Asked in Immigration Law and Appeals / Appellate Law for Florida on
Q: Can USCIS use a self employed persons write offs to deny them as a sponsor for a I-485

My wife's I-485 was denied this week because my evidence of assets doesnt meet the federal poverty line. They sent us an RFE in December asking to see my entire 2017 tax return and my bank statements for every month in 2017. My tax return showed that I grossed over 69k in 2017. I had over 87k in... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Apr 18, 2019

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... Read more »

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