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Questions Answered by Kevin D. Slattery
1 Answer | Asked in Immigration Law for Florida on
Q: Undocumented got married to a US resident who just became a citizen

I got married to a US resident 2 years ago who recently had successful interview for his citizenship. While waiting for his interview more than a year I became out of status for 12 months long. Can we still apply i130 and AOS or we will need a waiver for me staying undocumented? Will I need to go... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 26, 2018

Based on your statement that you "became out of status for 12 months", I assume that you originally entered with a lawful inspection and admission. Other factors need to be evaluated, but generally speaking overstay of a lawful inspection and admission can be forgiven and adjustment may... View More

1 Answer | Asked in Immigration Law for Florida on
Q: If both of my parents were naturalized before I turned 18, am I a citizen right now?

Im currently 24, my parents were naturalized when I was 11. Does this mean I am an automatic citizen, or do I have to apply for naturalization too? Also am I able to register to vote right now? I received a voters registration form in the mail.

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 23, 2018

Were you at the time of your parents naturalized a U.S. legal permanent resident living in their physical and legal custody? If so, then you are likely a U.S. Citizen. To know for sure, you should likely schedule a consultation with a competent immigration attorney. Bring to the consultation... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Arreted on a f2 visa

I was arrested in november 2017 for retail Thief less thank 1000 dólars my case was dissmissed on a pti

My case was dissmissed on Pretrial diversión whitout admited any Guilt

the case is i have to travel outside usa i am on f2 visa

And i want to know if its possible that... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 21, 2018

You should consult with a competent immigration attorney. Bring copies of the police arrest report, charging document, PTI agreement and nolle prosequi document for review. It may not satisfy the definition of conviction for immigration purposes and, depending on the language of the PTI... View More

2 Answers | Asked in Immigration Law for Florida on
Q: Can I sponsor my grandson to usa?

I'm currently lawful resident, looking forward to bring my grandson (only him) from India. My daughter doing her masters there and currently busy with her studies. So we planned to bring my two old grandson here for a couple of years. I checked on www.immihelp.com website, but couldn't... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 20, 2018

You should likely schedule a consultation with a competent immigration attorney who can help you explore possibilities. How old, for example, is your grandson? Perhaps he could attend school here in the United States on an F-1 student visa. For additional information about that topic, visit:... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: I am in OPT and want to marry my girlfriend, a US Citizen and I am just have an international trip, should I wait 90 day

I know my girlfriend back into college about 2 years ago and when I graduated I take a job in US with OPT. Now we want to get married and apply for my green card. But I just have an international trip and back to US. Should I wait 90 days based on new immigrant laws to get married and adjust for... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 14, 2018

You should likely schedule a consultation with a competent immigration attorney who can evaluate the details of your case, including what your primary intent was at the time of your last entry.

1 Answer | Asked in Immigration Law for Florida on
Q: resident alien card expired in 2003, lost the card and need to renew but criminal history also. what to do?
Kevin D. Slattery
Kevin D. Slattery
answered on Mar 13, 2018

You should assemble copies of your criminal documents for each case (police arrest report, charging document, plea agreement [if applicable], pre-trial intervention program / diversion program agreement [if applicable], final judgment and sentence [if applicable], proof of completion of sentence... View More

1 Answer | Asked in Immigration Law and Family Law for Florida on
Q: I am a divorced us citizen and my boyfriend is a H1b visa holder. We would like to marry and wanted to know information.

I have 2 kids and unfortunately do not make that much income.

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 12, 2018

Congratulations on your engagement! The phrasing of your question suggests that you have concerns that your income for your household size may be too low to make sufficient the financial affidavit of support that you will need to file in your marriage-based immigration case. If your soon-to-be... View More

1 Answer | Asked in Immigration Law for Florida on
Q: I have juvenile drug charge I got trial in juvenile court I was able to renew my permanent resident card

I renew my permanent resident card without a problem 10 years ago I have my citinzenship interview tomorrow I’m so scare of going and being deported for something stupid mistake I did when I was a juvenile I 3 kids that are my life I wouldn’t be able to live if I’m not with my kids should I... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 7, 2018

One is able at the interview to correct answers listed on the N-400. The officer will want to see the juvenile/criminal records. What would have been ideal, however, is for you to have had an immigration attorney review the documents ahead of time to make sure that they are not problematic, as... View More

1 Answer | Asked in Immigration Law for Florida on
Q: If I get married with him then he will get the green card or not?i have a greencard

He has a political asylum case. So he get the green card on my greencard or he has to wait till I get citizenship

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 5, 2018

You and your fiance(e) should consult with a competent immigration attorney to discuss the specific facts of your prospective case. Even assuming the bona fide nature of your relationship, additional facts are needed to offer an opinion, which for this particular type of case should be given in... View More

2 Answers | Asked in Immigration Law for Florida on
Q: How long an I-130 Petition for alien relative takes for my son who is older than 25 unmarried?
Kevin D. Slattery
Kevin D. Slattery
answered on Mar 5, 2018

The petition itself may not take "long" to be adjudicated, perhaps 6 - 12 months, but the time that an immigrant visa would become available can take significantly longer (years). That type of case is known as an F2B preference category case. To see an approximation of how many years,... View More

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1 Answer | Asked in Immigration Law and Juvenile Law for Florida on
Q: In general, a guilty verdict, ruling, or judgment in a juvenile court does not constitute a conviction for immigration .

Is this true I will be taking my records and will disposition with me just in case but should I mention it to my interviewer I’m not hiding anything but was wondering if my juvenile record could get me denial

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 5, 2018

You should consult with a competent immigration attorney who can evaluate your juvenile court records to make sure that they do not raise any problems. Without seeing the documents in question, it is impossible to say whether or not they will pose a problem for you.

2 Answers | Asked in Child Custody, Family Law and Immigration Law for Florida on
Q: Childs mother is being deported and the baby is a us citizen. Court deemed the baby would go with her. Is there anything

We can do? We reside in Florida. Please help..

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 5, 2018

Particularly if the removal proceedings are still pending, the mother in removal proceedings should consult with a competent immigration attorney. For certain forms of relief in removal proceedings, the U.S. citizen child may count as a qualifying relative for purposes of being granted the form of... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: Boyfriend's B-2 Tourist Visa denied this morning. Stressed out nursing student needs your help.

Boyfriend's B-2 Tourist Visa denied this morning. We have been dating for 5 years as of April 16. We visit one another every summer and have since 2014. However, this summer was a special circumstance. We were both free for 4 and a half months and decided to have him apply for a B-2 visa in... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Feb 28, 2018

Consult with an immigration attorney to explore your options. Generally speaking, a visa denial disqualifies one from using the Visa Waiver Program (ESTA) in the future. See https://help.cbp.gov/app/answers/detail/a_id/1097/~/previously-denied-a-visa-or-immigration-benefit Again, speak with a... View More

2 Answers | Asked in Immigration Law for Florida on
Q: Can 20yr unmarried daughter Follow-To-Join a LPR mother who came to U.S. on K-1, and now married, or is I-130 required?
Kevin D. Slattery
Kevin D. Slattery
answered on Feb 28, 2018

According to the Department of State's Foreign Affairs Manual: "USCIS and the Department [of State] have agreed that the child of a K-1 principal alien may be accorded K-2 status if following to join the principal alien in the United States even after the principal alien has married the... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: Can a petitioner's income be used for the affidavit of support?

My fiancee is undocumented. He will qualify for adjustment of status (green card) once we get married in a few months. Regarding the affidavit of support, my income meets the requirement; however, I will be quitting and starting graduate school soon. His income does meet the income requirements --... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Feb 28, 2018

Your fiance's income can be used if it comes currently from a lawful source and will continue to come from the same lawful source after he immigrates. If he is working currently, but doing so without lawful work authorization, then his income from that employment cannot be used on your... View More

1 Answer | Asked in Immigration Law for Florida on
Q: I am 22 years old, DACA expired 3 years ago if I marry someone who is 18 how can I go about getting legalized?

I also have 2 misdemeanors. 1 as a minor, the other at age 18. Will i need a lawyer ?

Kevin D. Slattery
Kevin D. Slattery
answered on Feb 28, 2018

Anytime an individual going through (or hoping to go through) the immigration process has criminal history, it is wise to schedule a consultation with a competent immigration attorney. Be sure to bring with you copies of documents from your criminal case(s), particularly copies of the police... View More

1 Answer | Asked in Immigration Law for Florida on
Q: I want to bring my parents from Colombia. They were here as tourist but stay for 12 years. Do I need waiver or wait 10y

Do I need a waiver or just wait until next year to file the application. I’m a US citizen and next year it’ll be 10 years since they left. So to my understanding the got the 10 year ban since they left on their own without any case or l legal issues. So I’m guessing it’s easier to wait... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Feb 28, 2018

Assuming their only issue is the 10-year bar due to more than 1 year of unlawful presence in the United States followed by a departure, then they wouldn't need to file a waiver once they can demonstrate that they have actually spent 10 years outside of the United States. Because of current... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Can my parents visit me ? Eventhough i have over stayed

I have overstayed my time, but i got married before my time was up im currently waiting to start filing in couple months. However my parents want to visit me, will this affect them or me in any sort of ways?. ( note we all have tourist visa)

Kevin D. Slattery
Kevin D. Slattery
answered on Feb 26, 2018

If your parents already have valid visitor visas in their passports, I imagine they are less likely to experience any problems related to the fact that you have overstayed your status, in that they would not be disclosing such information to an embassy official in connection with a new application... View More

1 Answer | Asked in Immigration Law for Florida on
Q: whats if my status when I was on J1 (aupair) got married . filled in i-130 but still collecting documents for i-485 ?

IF aupair gets marries her J1 Visa gets canceled. Am I illegal in the country during that period when I wait for my i-130 to be accepted? I still have 3 month left on my Visa in my passport ( but its gets canceled after I get married as I figured ) So Visa in my passport is not valid anymore ?... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Feb 23, 2018

You should consult with a competent immigration attorney. Many J-1 programs carry with them a 2-year return residency requirement, making adjustment of status not possible without a waiver. Au pair programs, however, typically do not have a 2-year return residency requirement, making adjustment... View More

1 Answer | Asked in Immigration Law for Florida on
Q: if i don't have green cart but my husband is citizen did my husband can give my daugther a visa from haiti?
Kevin D. Slattery
Kevin D. Slattery
answered on Feb 20, 2018

If your U.S. Citizen husband married you while your child was under the age of 18, then your husband may file a petition for relative on behalf of his stepchild, your biological child. If your child is still under the age of 21, then that child will be treated as an "immediate relative"... View More

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