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Questions Answered by Kevin D. Slattery Esq.

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. 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. 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. 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. 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. 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. 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. 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. 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. 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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1 Answer | Asked in Immigration Law for Florida on

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

One more question. We are applying for a green card as well. So do I need to change my last name before submitted the application?

Kevin D. Slattery Esq. answered on Apr 16, 2019

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)... Read more »

1 Answer | Asked in Immigration Law for Florida on

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

Kevin D. Slattery Esq. answered on Mar 25, 2019

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... Read more »

3 Answers | Asked in Immigration Law for Florida on

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

From what I understand marrying a foreign national under visa waiver program and then adjusting status ALL in the USA is considered visa fraud and could complicate matters . If we went to Canada to get married then returned to the US and adjusted status would this be acceptable ? Marriage would... Read more »

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

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... Read more »

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1 Answer | Asked in Immigration Law for Florida on

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

Kevin D. Slattery Esq. answered on Mar 12, 2019

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... Read more »

2 Answers | Asked in Immigration Law for Florida on

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

Hi, My husband sent the application form I- 130 like 7 months ago, (we got married 8 months ago at the end of June 2018) I was wondering how long does it usually take to get approved? I checked my status online and it is still in process....one It gets approved, how long does it take to have a SSN?... Read more »

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

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... Read more »

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2 Answers | Asked in Criminal Law and Immigration Law for Florida on

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

My dad hasn’t ever been arrested before. He was set up by people and now we are stuck in a case that should not be happening in the first place. I have a criminal attorney but I need to know if I will need an immigration attorney as well.

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

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... Read more »

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3 Answers | Asked in Immigration Law for Florida on

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

He is currently in jail

Kevin D. Slattery Esq. answered on Feb 11, 2019

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... Read more »

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2 Answers | Asked in Criminal Law and Immigration Law for Florida on

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

Canada and was denied entry. His court date was pushed out a couple times, but finally happened. They've since arrested him and he's been placed in a dentention center. They are talking about reopening his case. In which he didn't do any jail time, only probation. The family didn't press charges.... Read more »

Kevin D. Slattery Esq. answered on Feb 7, 2019

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... Read more »

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2 Answers | Asked in Immigration Law for Florida on

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

He wants to come and us get married here and go back to UK before his visa expires and not commit visa fraud. From what I understand coming to the US with intent to marry and then adjust status can end in lots of problems . So if he comes on visa waiver , goes back to UK after wedding and we wait... Read more »

Kevin D. Slattery Esq. answered on Jan 31, 2019

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... Read more »

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3 Answers | Asked in Immigration Law for Florida on

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

legally, with me an American citizen. Shes ready to fly here and get married. Is this ok with Uscis?

Following the immediate marriage, I will apply to Uscis for their legal residency

Kevin D. Slattery Esq. answered on Jan 28, 2019

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... Read more »

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1 Answer | Asked in Immigration Law for Florida on

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

We received our Green Cards on 9/16/2013. We plan to apply for US citizenship, but we were outside US between 8/1/2014 and 10/12/2016. During that time, we were in UK working in a big school. Before moving to UK, we filed for Re-entry permit, and received the travel documents. During that time, I... Read more »

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

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.... Read more »

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