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Questions Answered by Kevin D. Slattery
2 Answers | Asked in Immigration Law and Criminal Law for Florida on
Q: Will a NO FILE disposition with a NOT GUILTY plea affect my citizenship chances?

I was charged with domestic battery 9 years ago due to a neighbor's complaint. The case resulted in a "NO FILE" disposition with a "NOT GUILTY" plea, and no restraining orders were issued. My spouse and I are still happily married after 12+ years and recently bought our... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Apr 17, 2025

Given the age of the alleged crime and given that U.S. Citizenship & Immigration Services will be focusing on the past 5 years (or 3 years if basing your case on marriage & cohabitation with your U.S. Citizen spouse) for evaluating good moral character, you should be ok if that is your only... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: Australian citizen with pending marriage-based adjustment of status seeks re-entry advice after travel on advance parole.

I am an Australian citizen currently on a pending marriage-based adjustment of status in the United States, having entered the country on an ESTA. I married my U.S. citizen husband towards the end of my ESTA validity, leading to a brief overstay while we waited for essential documents. Our marriage... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Apr 17, 2025

There are within U.S. immigration law 3 and 10 year bars to reenty for one who, prior to departing the United States, overstayed by more than 6 months or by more than 1 year, respectively. In Matter of ARRABALLY and YERRABELLY, 25 I&N Dec. 771 (BIA 2012), however, the Board of Immigration... View More

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4 Answers | Asked in Immigration Law and Family Law for Florida on
Q: How can I marry my Ecuadorian fiancé in Florida and adjust her status?

I am a male U.S. citizen in Florida, and I want to marry my Ecuadorian fiancé, who is here on a tourist visa, within the next year. We plan to marry directly in the U.S. and then adjust her status. She has no prior immigration issues or unfinalized marriages. What steps should we take to proceed... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Apr 9, 2025

Consider scheduling a consultation with a competent and experienced immigration attorney. Typically, one who has entered using a visitor visa is admitted for 6 months. If you were hoping to marry on a date that is more than 6 months from her entry date, she would necessarily enter a period of... View More

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2 Answers | Asked in Immigration Law and Gov & Administrative Law for Florida on
Q: Can I travel domestically in the USA with a foreign passport if I'm a visa holder?

I am a foreign passport holder with a valid visa, and I plan to travel domestically within the USA to Orlando, Florida. Can I use my foreign passport as identification for this domestic travel, and are there any specific TSA requirements I should be aware of?

Kevin D. Slattery
Kevin D. Slattery
answered on Apr 6, 2025

A valid foreign passport should suffice to board a domestic flight in the United States. This is not to say, however, particularly if you have no valid underlying immigration status or that status has expired, that immigration officials would not question you if called over by the TSA agent who is... View More

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3 Answers | Asked in Immigration Law and Appeals / Appellate Law for Florida on
Q: Mistakenly submitted Form I-90 instead of Form I-751, application denied, need advice.

I am a conditional permanent resident, and I mistakenly submitted Form I-90 instead of the required Form I-751 for renewal. My application was denied, and USCIS informed me of the error on March 12, 2025. My conditional residency expired on September 14, 2023, and I submitted Form I-90 in May 2023.... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 18, 2025

Consider scheduling a consultation with a competent and experienced immigration attorney. If you are no longer with the spouse through whom you acquired your conditional permanent resident status or intend to file as a battered spouse, then USCIS will accept your untimely Form I-751 without you... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: How can I quickly renew my expired green card with an unrecognized A-number and recent marital changes?

I'm looking for the quickest way to renew my green card, which expired in December 2024. I've been a permanent resident since 1970. I attempted to renew it online, but I couldn't proceed as the A-number I have is no longer recognized. I've tried contacting USCIS but haven't... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 16, 2025

Consider scheduling a consultation with a competent and experienced immigration attorney. If your alien number has only eight (8) digits, try inputting a zero (0) at the beginning. Nowadays, alien numbers are nine (9) digit numbers. As to marriage, are you going to be using a new surname? That... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: NVC didn't receive yet my petition from USCIS

I've been waiting a total of 85 days through contacting USCIS and NVC with enquiry and I contacted a week ago the congressman but I don't have any news yet. Even though the i797 was sent to NVC, in the portal of uscis says still only approved. NVC didn't receive the case yet. The... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Feb 5, 2025

If USCIS approved your petition and forwarded it to the National Visa Center, you would not direct your inquiries to USCIS. You should direct your inquiries to the NVC using its public inquiry portal. When you do so, make sure to give the NVC your up to date contact information, including a valid... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: I amAmerican , my boyfriend & I are a couple 2 years. he is from Paris. If we get married. What are his rights in USA?

I know he can apply for a work card and then a green card , but can he leave the country? Can I apply for my EU citizenship? We want to meet with someone for 10 mins as we are madly In love and need to hear all of our options please

Kevin D. Slattery
Kevin D. Slattery
answered on Jan 27, 2025

Consider scheduling a consultation with a competent and experienced immigration attorney who can evaluate thoroughly all of the facts in your case to determine what the best course of action may be and whether any pitfalls exist. For example, if your boyfriend is currently visiting using ESTA/Visa... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: Can I extend my stay in US with an expires visa while my i-94 is valid? I entered with a valid visa

If so, docI need to fill out a form/make a request of any kind?

Kevin D. Slattery
Kevin D. Slattery
answered on Jan 22, 2025

It may be possible to extend your status notwithstanding that your visa is expired. You did not identify the specific visa type and status, but assuming you are speaking of B-2 visitor status, then so long as you did not violate the terms of your visitor status, can demonstrate nonimmigrant intent... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: If I have a criminal record, am I still allowed to get a Fiancé or Spouse Visa if sponsored by someone in the USA?
Kevin D. Slattery
Kevin D. Slattery
answered on Nov 11, 2024

The answer depends on what is the nature of the criminal offense. You and your fiancé(e) should consult with a competent and experienced immigration attorney who can evaluate your criminal history to determine whether any ground(s) of inadmissibility exist and, if so, whether that/those ground(s)... View More

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5 Answers | Asked in Immigration Law for Florida on
Q: My British husband is in the US on a travel visa. He only came to visit me and our daughter with a return ticket.

My British husband is visiting me and our two year old daughter in the US, he is currently on a 90 day travel visa which expires on December 13th next month. Due to our daughter's age and my busy work schedule, we require his support and assistance. I would like to apply for his permanent... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Nov 5, 2024

Consider scheduling a consultation with a competent and experienced immigration attorney. In addition to evaluating what was your husband's intent at the time he entered as a visitor, it sounds as though he entered the United States using the Visa Waiver Program. Although one who enters... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: My daughter is getting out of prison after 20yrs and she has an ice hold what do I need to do
Kevin D. Slattery
Kevin D. Slattery
answered on Nov 11, 2024

You should consider scheduling a consultation with a competent and experienced immigration attorney. In addition to evaluating your daughter's criminal history for immigration purposes, a good immigration attorney will also want to know about your and your daughter's father's... View More

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5 Answers | Asked in Immigration Law for Florida on
Q: My British husband is in the US on a travel visa. I'd like to sponsor him for a green card as my spouse.

Should I file I-485 or I-539 to adjust his status? Appreciate your guidance.

Kevin D. Slattery
Kevin D. Slattery
answered on Nov 11, 2024

Consider scheduling a consultation with a competent and experienced immigration attorney. Whether your husband had the intent to immigrate when he entered the United States as a visitor, presumably as a U.K. Citizen through the Visa Waiver Program; this could affect the method by which he should... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: can a Cuban who enters the usa and is given an I220A, apply for an I485 and I130 without being sponsored by US citizen

or having a parent, brother, spouse, or child over 21 with a permanent green card petition for the Cuban or an employer petitioning for the Cuban so long as they are in the uS 1 year and 1 day?

Kevin D. Slattery
Kevin D. Slattery
answered on Nov 11, 2024

Part of your question implies that you are asking about adjustment of status through the Cuban Adjustment Act. Notwithstanding a recent Board of Immigration Appeals case saying otherwise, there is ongoing federal litigation about whether issuance of an I-220A might constitute a grant of... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: My current visa expired and I am applying via a close relative for immigration, is it easier for me to apply in th US?

Would applying for change of status in the US -or- travel back and apply from Canada be the best alternative; related to fees, timing, chances of approval, etc. ?

Kevin D. Slattery
Kevin D. Slattery
answered on Jun 3, 2024

Consult with a competent and experienced immigration lawyer. If you have overstayed your status and are not the "immediate relative" of the petitioner in question ("immediate relative" being defined as "spouse of U.S. Citizen", "minor child of U.S. citizen"... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: I have a deport but now I am married with USA citizen, can I get legalized or I have no more chances

Hello, I was in asylum for a long period of time and unfortunately it was a negative response, BIA dismisss it so practically I have a deportation order. That was in 2019. Not I am marrried since 2023 with American citizen , can I adjust my status yet?

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 1, 2024

Consult with a competent and experienced immigration attorney. A basic eligibility requirement for adjustment of status is that you were originally inspected and admitted OR paroled. If you entered without inspection, were placed in removal proceedings and now have an unexecuted order of removal,... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: If I married someone who is a us citizen, and my visa expired and passport expired

If I married someone who is a us citizen, and my visa expired and passport expired, can i renew my visa/greencard? I am in Florida now, but I was married in Wi

Kevin D. Slattery
Kevin D. Slattery
answered on Feb 1, 2024

If you are asking whether you can get a green card as a visa overstay based on your marriage to a U.S. Citizen, it may be possible. However, additional details are needed, including whether you have any other past negative immigration history or criminal history. What might be best for you and... View More

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4 Answers | Asked in Immigration Law for Florida on
Q: If my fiancé (irish citizen) and I (American citizen) marry in the US. Can my future spouse then leave the US and return

We are currently living together in the US, my fiancé has an h2b visa at present. After we are married in the US, can we go visit his family in Ireland for one month and then return back to the US? Would he be allowed back?

Kevin D. Slattery
Kevin D. Slattery
answered on Jan 27, 2024

If the two of you marry while he is in the United States in H-2B status, in addition to you filing a Petition for Relative on his behalf, he, barring any possible ground of inadmissibility for which there is no waiver available, could file contemporaneously an Application to Adjust Status, an... View More

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3 Answers | Asked in Immigration Law and Public Benefits for Florida on
Q: I am on HUD / public assistance Will I be able to marry an immigrant?
Kevin D. Slattery
Kevin D. Slattery
answered on Jan 25, 2024

Receiving public assistance is not an obstacle to getting married. Your question does not pose whether you are able to sponsor your spouse for a green card, but that seems to be what you may be asking. Even if you are receiving public assistance, you can file a petition for your spouse, but you... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: I have a conditional GC which is expiring in july 2024. I have to apply to remove conditions on my GC i751.

I had a misdemeanor charge in 2022 for petit theft which was dismissed by completing a diversion program and later the records were expunged in 2023. I want to know how is it going to go for my case? Also once approved the 10 year GC, will i still be eligible to apply for naturalization as married... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Jan 5, 2024

Your criminal case should have no impact on the approvability of your Petition to Remove Conditions case. As to naturalization eligibility, even though it sounds as though you will have avoided a conviction, your arrest will likely raise concerns for the naturalization case adjudicating officer as... View More

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