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Questions Answered by Kevin D. Slattery Esq.
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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3 Answers | Asked in Immigration Law for Florida on
Q: I am a permanent resident and am out of a job due to the COVID-19 pandemic. Can I file for unemployment?

Will filing for unemployment be a means for deportation or jeopardize my chances for citizenship?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Apr 21, 2020

As another colleague has already pointed out, so long as you complete and answer truthfully all questions on the unemployment application, you should be fine. Assuming that you were on payroll, unemployment is something you have been paying into each paycheck. Moreover, this shouldn't weigh... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: i'm Permanent Resident i Filed I130 for my wife on 16th April 2019 she is living in Pakistan on Feb 2020

we received mail from USICS that our case is Transferred From California to Nebraska and it is in line to be reviewed, Our case was supposed to be transferred to NVC but instead they moved it to other field office, When our case might be approved as processing time in Nebraska office are more than... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Apr 15, 2020

According to posted processing times available on the USCIS website (https://egov.uscis.gov/processing-times/), a Petition for Relative filed by a permanent resident on behalf of a spouse and pending at the Nebraska Service Center is taking approximately "20.5 Months to 26.5 Months." The... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: i am doing the I 130 for my spouse what date should i follow on the visa bulletin?

i submitted the form on february 7 2020. what date am i to follow on the visa bulletin? does the final action table relate to me? or would i use the family sponsored table? does it also mean i should submit other documents?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Apr 13, 2020

If you are a U.S. Citizen, your spouse would be considered an "immediate relative" as that term is contemplated by U.S. immigration law and, therefore, would not be reflected on the visa bulletin. For "immediate relatives" of U.S. Citizens, which as noted has a special... Read more »

4 Answers | Asked in Immigration Law for Florida on
Q: Can i switch from consular processing to adjustment of status for my spouse's case and how can it be done ?

I initially selected consular processing for the i 130 on my husband's petition but now we want to switch and go the adjustment of status route. Does he have to be in the states for us to switch to that? Provided that we meet the uscis eligibility criteria?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Apr 13, 2020

Depending on the facts of your case, this may be possible. It would likely be best for you to schedule a consultation with a competent immigration attorney who can discuss with you whether under your circumstances it is possible and advisable. Many attorneys during this COVID-19 crisis are... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: I was arrested I got my records clean I’m applying for a visa n it ask if I’ve been arrested so should

I got my records expunged because I was arrested 18 years ago now I’m applying for a visa and it’s asking if I’ve ever been arrested and charge

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Apr 7, 2020

Yes, you must disclose that you were arrested. Before actually applying for the visa, however, it is highly advisable that you discuss your prior arrest(s) with a competent immigration attorney. There exists a different definition for the word "conviction" under immigration law.... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: help with immigration

2016 I came to the United States with my German daughter (no us papers) she is only here on an esta. Tried filing for passport for her but she keeps getting denied. She is not granted citizenship because I have not lived in the states prior to her birth.us consulate in Germany said I have to go... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Apr 1, 2020

Consider scheduling a consultation with a competent immigration attorney. Be sure to bring to the appointment (or email to the attorney if engaging in a telephonic or video consultation) copies of relevant vital statistic documents (yours, your daughter's and your daughter's... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: Visa K1 only after two years of the first physical meeting of us? Or within two years, after first meeting of the us?

I have a confusion this, which is one of the requirements to submit the form 1-128/Visa fiance K1: "You and your fiancé(e) met each other in person at least once within the 2-year period before you file your petition."

The doubt is:

Do you submit the form I-129 - K1 only... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Mar 9, 2020

USCIS is measuring back two (2) years from the date of filing and looking to see if WITHIN that 2-year period you have been in the physical presence of each other (at least once). If the last time you were in each other's physical presence was more than 2 years ago, you must see each other... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: Does a drug trafficking charge disqualify you for citizenship if you plea bargained to a lesser possession charge?

The USCIS deems that a conviction of drug trafficking is a permanent bar to good moral character. While my husband was arrested for drug trafficking 21 years ago, he wasn't "convicted." Rather, he plea bargained and plead down to a possession charge. He served less than a year in a... Read more »

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

I agree with my colleague Hector E. Quiroga. Your husband should certainly consult with an experienced immigration attorney who can evaluate his case. Your husband should bring with him to the consultation certified copies of his criminal records, not only for the case about which you wrote, but... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: will I be able to adjust status despite I overstayed a previous visitor s visa?

I overstayed my visitor s visa for less than 180 days. My husband is a LPR and filed i130 to petition for me, but it hasnt been approved yet. Im currently outside the USA and considering applying for a second visitor s visa to avoid being separated from my husband for too long. If our i130 was... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Mar 1, 2020

Aside from the fact that one should not use a visitor visa with the specific intent to pursue adjustment of status at the time of entering as a visitor, which could result in a fraud allegation at an adjustment of status interview, whether you will be adjustment of status eligible also depends on... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: Hello, my husband and I have been married for almost 15 months. He lives in another country and I live in the US.

I am a US citizen. We want to file for him to be able to live in the US with me. What are our options and obstacles?

We never lived together but we did visit each other 2 or 3 times a year. We've been together a total of 3 years.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Feb 26, 2020

Consider scheduling a consultation with a competent, experienced immigration attorney. Your options and obstacles depend on the particular facts of your prospective case. If, for example, he has any past negative immigration or criminal history, those facts may pose certain obstacles. There... Read more »

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