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Questions Answered by Kevin D. Slattery
1 Answer | Asked in Immigration Law for Florida on
Q: Being brother of an American citizen, how much time do I have to wait to get a Green Card once applied? I´m Argentinian.

My sister acquired American citizenship this year. I am Argentinian and I have lived in Argentina my entire life. I´m 42 yo, single, no children, with 2 Master´s Degrees. I´ve visited USA several times in the past and always complied with visa.

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

You can monitor the U.S. Department of State's Visa Bulletin to check the progress of that particular category, F-4. Visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-february-2018.html Currently, the line is about 13-14 years long...
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1 Answer | Asked in Immigration Law for Florida on
Q: I just married my wife who is here on student t visa. She stopped going to school about a year ago. Can we apply for gre

This is not true why they no??

Kevin D. Slattery
Kevin D. Slattery
answered on Feb 13, 2018

You should consult with a competent immigration attorney. Speaking generally, however, actions such as overstaying one's expiration date of status and violating status (e.g., failing to attend classes as required under F-1 status) can be forgiven through an "immediate relative"... View More

1 Answer | Asked in Immigration Law for Florida on
Q: I just got my green card and I want to petition for a green card for my 12 year old daughter.

Hi, I just got my green card and I want to petition for a green card for my 12 year old daughter. She is under my custody after the divorce. My daughter is in my native country right now, but has a tourist visa to enter US. Is it better to petition for her while she is outside US, or should I... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Jan 30, 2018

As the minor daughter of a U.S. Legal Permanent Resident, she will be placed in a "line" to get her green card if you file a Form I-130, Petition for Relative, on her behalf. Her particular line is the F2A line, for which it may take a couple of years before a green card becomes... View More

1 Answer | Asked in Immigration Law for Florida on
Q: My partner & I have been together 13years but never married.We are in the US & want to stay.If we marry can I get a visa

I am Australian,my partner is a U S citizen.We have been together 13 years.We were living in Australia for 12 years.She is an Australian resident via the De facto visa for 12 years.De facto is similar to common law marriage.But I believe the U S doesn,t recognise a De facto relationship.We are... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Jan 29, 2018

Consider consulting with a competent immigration attorney who can evaluate the facts of your case. Following marriage (or possible recognition by U.S. Citizenship & Immigration Services (USCIS) of what sounds like a common law marriage in Australia), it may be possible for you to pursue... View More

1 Answer | Asked in Immigration Law for Florida on
Q: I lost my passport while a petition was on filing for me. How will it affect the process?

There is a pettition in process for me, but i have lost my passport from my birth country. It was the same passport used to start the filing. I am now trying to replace the lost passport. How will this affect the process? I have not gotten a finger print date yet.

Kevin D. Slattery
Kevin D. Slattery
answered on Jan 22, 2018

If you also filed an Application to Adjust Status with the petition to which you refer, presumably a Petition for Relative, then U.S. Citizenship & Immigration Services will want to see at the adjustment of status interview your proof of entry documents (e.g., passport with entry stamp, I-94... View More

1 Answer | Asked in Immigration Law for Florida on
Q: What is the best way my to bring my foreign fiance to the US to get married and allow him to work and go to school?
Kevin D. Slattery
Kevin D. Slattery
answered on Jan 16, 2018

You and your fiance(e), the latter perhaps via Skype, should consult with a competent immigration attorney who can evaluate all facts in your case, including, for example, any past negative immigration or criminal history that could impact the case. What type of case you pursue may also be... View More

1 Answer | Asked in Immigration Law for Florida on
Q: I need to stay in USA for 16 months but my B1/B2 visa only allows a stay of 6 months + possibly a 6 month extension?

In USA with B1/B2. First 6 month stay will expire soon and I need to stay another 10 months (B1/B2 visa is the only visa allowed for what I do).

Should I file for the 6 month extension, leave at the end of the initial 12 months (initial 6 months + 6 month extension) and reenter for another... View More

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

You should consult with an immigration attorney. Both U.S. Citizenship & Immigration Services and U.S. Customs & Border Protection would likely be suspicious that you are only visiting when seeking what amounts to more than 1 year of visitor status. There are circumstances under which a... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Can my mother apply for a cancellation of removal?

She received a final order of deportation in 1999 and failed to reopen her case in 2003. She is currently considering her options in this new political and immigration environment. She has 2 children, owns property and pays taxes. I and my brother are american citizen 20, and 17 respectively. She... View More

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

You may be confusing an application for stay of removal, which would be filed with U.S. Immigration & Customs Enforcement if ICE tries to enforce the existing deportation order, with an application for cancellation of removal, which is a form of relief available to qualifying individuals who... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Can I be a sponsor for my dad if I already co-sponsored 2 people (1 yr ago) and my HH size is 3 (yself, husband, child)
Kevin D. Slattery
Kevin D. Slattery
answered on Jan 8, 2018

The answer depends on your income level and, if needed, available assets. Consult with a competent immigration attorney. Bring your financial records with you to the consultation, including your tax returns for the last 3 years, W-2s / 1099s for the last 3 years, recent paystub(s), recent bank... View More

1 Answer | Asked in Immigration Law for Florida on
Q: my wife of 7 years is going for her naturalization interview. I owe back taxes, we file jointly but she has never worked

I am nervous that this will affect the decision???

Kevin D. Slattery
Kevin D. Slattery
answered on Jan 8, 2018

An officer who is not understanding may conclude that this affects negatively her "good moral character", a requirement for naturalization. You may wish to seek the services of an attorney who can present clearly your facts to argue that your back taxes, and hers by extension because of... View More

1 Answer | Asked in Immigration Law for Florida on
Q: I am 17 years old,my parents have recently become naturalized citizens, am i allowed to travel with my resident card?
Kevin D. Slattery
Kevin D. Slattery
answered on Jan 4, 2018

In all likelihood, you acquired citizenship when your parents naturalized, if in fact you were a legal permanent resident and under the age of 18 when your parents naturalized. In that case, you would likely want to apply for a U.S. Passport and travel internationally with that. You could also... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Hello, I'm married 2 years ago can i apply for green card permanent dierctly ? if yes How many time take it ?

I married before 1 year ago and I like to waiting 1 year .I like to apply for green card permanent dierctly. and I have visa B1-B2 and I travel out before my I94 expire.

Thanks, RABE

Kevin D. Slattery
Kevin D. Slattery
answered on Dec 26, 2017

It may be wise to schedule a consultation with a competent immigration attorney who can ask you a variety of questions to evaluate your case and then advise you. Regarding how long the case may take, there are a variety of factors that can affect the processing time, such as, but not limited to,... View More

1 Answer | Asked in Immigration Law for Florida on
Q: B2 Visa Eligibility

I hold a B2 visitor visa and traveled to the US in August. after a lengthy secondary questioning ( about my employment status, reason for visiting, reason for needing six months and details of my girlfriend, subsequently contact was made to her to confirm my story) After which I was granted entry... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Dec 26, 2017

There is no legal requirement that your girlfriend have knowledge of your visit. What you must demonstrate generally to a CBP officer is that you have nonimmigrant intent (the intent to not immigrate to the U.S.), that you have sufficient funds to maintain yourself while visiting and that you will... View More

1 Answer | Asked in Immigration Law for Florida on
Q: My husband is sponsoring his brother, sister in law and their two kids to come to the usa. Am I obligated 2support this?

I was not aware of this until recently. We have three kids I would never agree to this.

Kevin D. Slattery
Kevin D. Slattery
answered on Dec 26, 2017

In family-based immigration cases, it is typically required that the petitioner file an Affidavit of Support to ensure that the immigrating family member(s) does/do not become (a) public charge(s). If the petitioner/financial sponsor earns individually enough to satisfy the requirements for the... View More

1 Answer | Asked in Immigration Law for Florida on
Q: How can one go about gaining legal status in the US without marriage.

There is no documents, however, there is proof via airline records, but those records are not in hand. Also, there are three U.S born children, the oldest soon to be 19. Not sure if that helps.

Kevin D. Slattery
Kevin D. Slattery
answered on Dec 26, 2017

You should likely schedule a consultation with a competent immigration attorney who can evaluate your prospective case. What can be said based on the limited facts provided in your question above is that a U.S. Citizen child cannot petition for his or her parent until that child is twenty-one (21)... View More

1 Answer | Asked in Immigration Law for Florida on
Q: I'm getting married with my bf from USA. I'm in Dubai and have to stay here for 2y jobwise. Can I apply for GC?

To whom it may concern,

My boyfriend and I are planing to get married soon. I live currently in Dubai and have to stay there up to 2 years before I can move to USA. My boyfriend is American and me Croatian. We were wondering Whats was the procedure with green card? Can I apply while... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Dec 20, 2017

The marriage-based petition for relative / immigrant visa consular processing type of case, which would be the type of case that you would pursue, can take approximately 1 year. Given that you do not anticipate immigrating for 2 years, what you could do is "take your time" responding to... View More

2 Answers | Asked in Immigration Law for Florida on
Q: Can I go to US having turist visa while I am waiting for my fiance visa?

I'm brazilian and have been in US many times as a turist

Kevin D. Slattery
Kevin D. Slattery
answered on Dec 11, 2017

In theory, so long as you do not have immigrant intent for the particular trip during which you intend to visit the United States and are able to convince a port-of-entry officer of that, then yes, it is legally possible to enter as a visitor during the pendency of a fiance(e) visa case. If,... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: I'm brazilian and my boyfriend is American. I have turist visa. Can I stay in US while we try to ver fiance visa?

Can I stay in US if my boyfriend start the process to fiance visa now?

Kevin D. Slattery
Kevin D. Slattery
answered on Dec 11, 2017

You should likely consult with a competent immigration attorney who can discuss all facets of your prospective case with you. That being said, if you are definitively planning on returning to Brazil at the end of your authorized stay as a visitor pursuant to the terms of your visitor visa, your... View More

2 Answers | Asked in Immigration Law for Florida on
Q: Hi I am a US citizen and am planning to marry someone on work permit via court registration. Can he get out of it?

We are just engaged for now and have not filed any paper work.

Kevin D. Slattery
Kevin D. Slattery
answered on Dec 11, 2017

I am not quite sure that I understand your question. If you are asking whether by marrying you, a United States Citizen, while he is here on his work visa he can pursue a "green card" and not be bound by the work visa any longer, the answer may be yes. To get definitive answers to the... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: I am a citizen of Georgia (Country). I plan to open small business in the US, which visa do I need ?
Kevin D. Slattery
Kevin D. Slattery
answered on Dec 4, 2017

You should schedule a consultation with a competent immigration attorney who can evaluate your plans against what visa options may be available to you. For example, as a citizen of Georgia, you may be eligible for an E-2 investor visa. See... View More

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