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Questions Answered by Kevin D. Slattery
2 Answers | Asked in Immigration Law for Florida on
Q: I have a child who is an American citizen born abroad. Do I have to add her to my immigrant wives i-864 as dependent?

I added my parents, my wife and child and me as 5 household in i-864 for my wives sponsorship. My daughter is an abroad born American Citizen with US passport, I added her as a dependent on the i-864. By adding her as a dependent, the household size is 5, Do i need to add her to that i-864, 1st... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Sep 19, 2023

Consider scheduling a consultation with a competent and experienced immigration attorney who can view the documents. Many attorneys offer online video consultations. You should note that when using assets to make up for insufficient income, it is not a straight formula where, for example, if you... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: I'm a candian citizen but I have my usa pr. How long could I stay out of the usa before returning back home in the USA

I'm wondering if staying out of the usa for roughly 4 months or more may jeopardize my pr card and have it revoked. I'm planning to work remotely and still work as an American.

Kevin D. Slattery
Kevin D. Slattery
answered on Aug 20, 2023

Section 101(a)(13)(C)(ii) of the Immigration and Nationality Act (INA) permits a U.S. Customs & Border Protection (CBP) officer to accuse a U.S. legal permanent resident returning from a trip that has lasted continuously for longer than 180 days abroad as having abandoned his or her lawful... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: How can I find out if my green card was canceld after my naturalization was denied?
Kevin D. Slattery
Kevin D. Slattery
answered on Aug 2, 2023

The denial of a naturalization application in and of itself does not result in the cancellation of one's permanent resident status. Often, in the adjudication of a naturalization application USCIS may learn of issues that make one deportable but that do not implicate that the permanent... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: iam doing naturalization, i was cited for petit thef, court dispo was nolle pros, in my I400 what i have to write?

was cited, not arrested for petit thef, i had comunity hours servise in MDP and a course and the court dipo was nolle pros, iam traying to fill the I400 form and i dont know how to answer the criminal questions.

Kevin D. Slattery
Kevin D. Slattery
answered on Jul 9, 2023

Consider scheduling a consultation with a competent and experienced immigration attorney who can evaluate your criminal case documents. Even if you were not convicted, "when" you were cited/accused of violating the law can be crucial to your prospective naturalization case. USCIS will... View More

1 Answer | Asked in Immigration Law for Florida on
Q: As a US citizen, may I move to the US with my foreign family and apply for the I-130 family immigration once there?

If so, may my spouse work once the family immigration application is submitted?

Will my spouse need an ITIN to be able to work?

How is one applied for?

How long does the family immigration process take?

We have 3 children, 19 and under, I’ll be petitioning for.... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Jul 9, 2023

You have many questions, all of which could be best answered in the privacy of a consultation with a competent and experienced immigration attorney. An attorney would also want to ask you questions to determine all relevant facts, including when did you become a U.S. Citizen (at birth or at some... View More

1 Answer | Asked in Immigration Law for Florida on
Q: tengo un ticket de 100usd por pethit theft,en 2 meses aplicare a mi residencia, me afectara?me citaran para ir a corte

Hola realice un pequeño robo en Waltmart por necesidad de dinero (50usd), llamaron a la Policia y me pusieron un ticket de 100usd por Petit Theft. En 2 meses debo realizar mi solicitud de green card, afectará mi petición? Luego de pagar el ticket me llegará alguna citación a la corte ? Ya que... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Jun 18, 2023

Consult with a competent and experienced immigration attorney. Depending on the particular statute under which you were charged and convicted, you may or may not have been convicted of a crime involving moral turpitude, which could serve as a ground of inadmissibility (legal obstacle to getting a... View More

1 Answer | Asked in Immigration Law and Business Law for Florida on
Q: We have a lawn business in florida. We employee 1 worker who isn't documented.

How will this new law that florida passed effect my employee and my business. He is worried about perhaps having to leave florida

Kevin D. Slattery
Kevin D. Slattery
answered on Jun 1, 2023

You should likely schedule a consultation with a competent and experienced immigration attorney who can discuss the details in a private setting. Does your employee "who isn't documented" have lawful work authorization, such as employment authorization through DACA (Deferred Action... View More

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

Hello, I have a friend who came over as a one year old and she is now 22, legally married to an American citizen and is expecting their first child. She only has her foreign passport since she came over without consent as a baby. What are the steps she has to take to get her citizenship? She would... View More

Kevin D. Slattery
Kevin D. Slattery
answered on May 22, 2023

Before seeking citizenship through naturalization, she would need to first apply for U.S. legal permanent resident status. Whether she entered on a visa and overstayed or entered without inspection will dictate which path the case takes. If she entered originally through an official port of entry... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: US citizen sponsoring 2nd husband

Im a US citizen, i sponsored my first husband back in 2009 ,he got his green card at the beginning of 2011 and then problems started between us right after he got his PR so i divorced him in dec of 2012, i got married again in 2018 and i would like to sponsor my second husband this year for a PR,... View More

Kevin D. Slattery
Kevin D. Slattery
answered on May 22, 2023

The fact that one has previously sponsored an ex-spouse does not automatically foreclose sponsoring a second spouse. USCIS will simply look at your facts to make sure this is not, e.g., a pattern and practice of marrying foreign individuals, for example, to earn money. The measure for approval... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: I applied Form I-751,but have not received Form I-797C.The case inquiry was submitted. No answers.What should I do next?

my green card expires in 4 days, I applied Form I-751 3 months ago, but still have not received notice of action. I already submitted the case inquiry but still nothing.

Kevin D. Slattery
Kevin D. Slattery
answered on May 9, 2023

As another colleague pointed out, consider seeking the assistance of the Ombudsman's office. Out of curiousity, did you pay the filing fee with a personal check? If so, was the check cashed? If so, look on the back side of the cashed check (through your online banking). USCIS will put the... View More

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3 Answers | Asked in Criminal Law and Immigration Law for Florida on
Q: Reduce Misdemeanor for petit theft ($55) to infraction in Florida as a first-time offender?

I am on a visa and therefore would like an "immigration-safe" outcome of the case. Is it possible to reduce my misdemeanor charge for petit theft of $55 to an infraction in Florida? If not, do you recommend anything else to not be convicted under USCIS law? I am a first-time offender.

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 21, 2023

Consult with a competent and experienced immigration attorney and be prepared to provide copies of your criminal case documents for analysis. If the charge is the petit theft statute (and not the retail theft statute), there is actually good case law as it relates to such an offense NOT being a... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: approved i130 now on NVC, I have a visitor visa as well, should I adjust status or follow with i130?

I just received NVC welcome letter today, and my passport with visitor visa yesterday, from two separate sources, what should I do next?

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 12, 2023

One should not knowingly and intentionally use a visitor visa to enter the United States to pursue adjustment of status, as a visitor visa is a nonimmigrant visa not intended for that purpose. That is not to say one cannot adjust status off of a visitor visa, but one should not have the intent to... View More

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6 Answers | Asked in Immigration Law for Florida on
Q: hi My wife is gonna come to us on a J1 visa I'm a us citizen already we got married overseas can I file her a paperwork

hi My wife is gonna come to us on a J1 visa I'm a us citizen already we got married overseas can I file her paperwork to stay in US if wanna file an i130 form should be going to court and marriage again in the US or using the marriage paperwork from the overseas

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 9, 2023

Consider scheduling a consultation with a competent and experienced immigration attorney who can discuss with you, among other things, the 2-year return residency requirement of certain, but not all, J-1 visas. Moreover, even if your wife is not subject to the 2-year return residency rule, if she... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: I have E2 Visa, my 19 year old E2 dependent student. I got married, applying for GC. When does she need to switch to F1?

I heard when I apply for GC, change E2 status, that the E2 Visa will be cancelled. Obviously when I get the GC I will sponsor my daughter...however, I assume until then, she will need to switch to F1. Do we do that first, or can we do GC application and F1 at same time?

Kevin D. Slattery
Kevin D. Slattery
answered on Feb 28, 2023

Processing times for change of status from one nonimmigrant status (e.g., E-2) to another nonimmigrant status (e.g., F-1) are very lengthy; much longer that the likely processing time for your marriage-based adjustment of status case. Moreover, maintenance of status for your daughter is crucial.... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: Under the new 2023 immigration law to sponsor a Cuban immigrant, is the sponsor still financially responsible for 10 yrs

Also Are there any other responsibilities for the sponsor that may have changed under the new law?

Kevin D. Slattery
Kevin D. Slattery
answered on Jan 10, 2023

To be clear, what you are speaking about is not a new law, but a new policy under the Biden administration. A subsequent administration could do away with the program if it so chooses. As to one's financial responsibilities under the program, they are not the same as those under, for... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: Can I file a USCIS form I-130 for a 17 year old living in Thailand when his mother has already filed a form I-751

U.S. Immigration

Kevin D. Slattery
Kevin D. Slattery
answered on Dec 13, 2022

For the purposes of answering this question, I will assume that you are either a U.S. Citizen or U.S. Legal Permanent Resident yourself and that the "mother" mentioned in your question is your spouse and the child living in Thailand is your step-child. A step-parent can petition for a... View More

1 Answer | Asked in Immigration Law for Florida on
Q: ı had a daughter without marriage she filed a petiton for me last year , why you think we didnt get any response yetç

I was deported on may 2005 because of my visa over stay and asylum denial , they give me 10 year ban, and my daoughter and I met when she was 18 before . her mother and ı never got married we broke up with her while she was pregnant , when my daughter found me ı was in Turkey on 2011 since than... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Dec 4, 2022

Consider scheduling a consultation with a competent and experienced immigration attorney who can look into the case on your behalves. Recently, USCIS has been processing cases very slowly. So, there may not be anything wrong with the case. That being said, it is not a bad idea to look into... View More

3 Answers | Asked in Immigration Law for Florida on
Q: I filed I-130 for my spouse who is lawfully visiting US, what do I need to do to enable them to stay while we wait

Current time left here is 11 days per I-94.Do I have to file I-485? or do I have to file 129F to get a K-3 Visa? Once I file can they stay?

Kevin D. Slattery
Kevin D. Slattery
answered on Dec 1, 2022

Assuming you are a U.S. Citizen, which is not something mentioned in your fact pattern, your spouse may be eligible to apply for adjustment of status whether filed before or after the expiration date of his/her I-94 card. A consultation with a competent and experienced immigration attorney is... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: How soon after marriage can i apply for my non us citizen spouse to live and work in the country

Please include what petitions will have to be filled to do so.

Kevin D. Slattery
Kevin D. Slattery
answered on Nov 23, 2022

Assuming you are either a U.S. legal permanent resident or U.S. Citizen, you can file a Petition for Relative for your spouse immediately upon marriage. Whether it may be approved depends on a number of factors, including whether USCIS believes your marriage is bona fide and/or whether or not your... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: My form I-130 for my mom was approved 4 years ago but i couldn’t reinstate my case with NVC after 2 years inactivity,,

Now I am filling another I-130 for my mom and I don’t know how to answer part 5: other information of this form

Kevin D. Slattery
Kevin D. Slattery
answered on Nov 9, 2022

Simply mark yes to the question about having filed a petition previously for your mother and then input the information that the form asks (name, date of filing and that it was approved). I might suggest that on the addendum page (page 12), you then indicate that the NVC terminated the case after... View More

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