Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Kevin D. Slattery
1 Answer | Asked in Immigration Law for Florida on
Q: just married under a k1 visa. what happens if the green card is not filed before the 90day period is up.

just married under a k1 visa and did not realize how expensive all the filing fees for a green card for her and two children would be. will not have the funds before the 90 days expire on the k1 visa but we are legally married. what happens and what would their status be.

Kevin D. Slattery
Kevin D. Slattery
answered on Jun 15, 2017

With K-1 visa holders, it is marrying before reaching the 90th day after entry that makes on eligible to file the adjustment of status application, which does not have to be filed within 90 days of entry. That being said, the government would likely tell you that the person, on day 91 following... View More

1 Answer | Asked in Immigration Law for Florida on
Q: I want to apply to citizenship, but I was arrested as a minor because a theft on a Marshall store, what should answer?

the theft was for $100, but I want to make sure want to answer because they told me those records are not included on my adulhood.

Kevin D. Slattery
Kevin D. Slattery
answered on Jun 15, 2017

The naturalization application does not distinguish between arrests as a minor and arrests as an adult. The application asks if you have "ever" been arrested, which would include during time as a child. Marking "yes" does not mean, however, that it will be a problem for your... View More

1 Answer | Asked in Immigration Law for Florida on
Q: My fiancé is in the Philippines. We have filed for alien fiancé. If she visits and we marry can she be deported.

I am US citizen. She has a 2 y/o daughter

Kevin D. Slattery
Kevin D. Slattery
answered on Jun 7, 2017

If you are suggesting that, while the fiancee petition is pending, she enters the U.S. on a visitor visa with the intention of marrying and then pursuing instead a Petition for Relative / Application to Adjust Status case, that would be improper. Certainly adjusting status (into U.S. legal... View More

1 Answer | Asked in Immigration Law for Florida on
Q: If i am a recent green card holder in the US and i should marry somebody from Canada and file for them to come live with

If i am a recent green card holder in the US and i should marry somebody from Canada and file for them to come live with me. Will having a lawyer speed up the process of getting that person here with me.

Kevin D. Slattery
Kevin D. Slattery
answered on Jun 5, 2017

Generally speaking, unless your spouse has some type of nonimmigrant status (e.g., H-1B) that could allow her to live temporarily in the U.S. while waiting for her priority date (spot in line) in the family-based case that you, a U.S. legal permanent resident, file; then she would need to remain... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Which is better merry fiance in Jamaica or apply for fiance visa and merry here
Kevin D. Slattery
Kevin D. Slattery
answered on May 30, 2017

The answer to your question requires additional information. For example, if the intending immigrant has minor, single children who are above the age of 18 but below the age of 21 and who wish to immigrant with their parent, then a fiance(e) visa case would be better. Additionally, processing... View More

1 Answer | Asked in Immigration Law for Florida on
Q: I'm under the DACA law and my brother is a US citizen whom wants to apply for me to get status under him.

Would you recommend it and is it worth it since sibling to sibling takes about 8 yrs. would I stay illegal and unable to work because of change of status

Kevin D. Slattery
Kevin D. Slattery
answered on May 25, 2017

Assuming your U.S. Citizen brother is 21, then he can certainly file a family-based Petition for Relative on your behalf. Depending on where you are from (Mexico? India? Philippines?), the line may be much longer than 8 years. In my opinion, even 8 years for someone who is not from one of the 3... View More

1 Answer | Asked in Immigration Law for Florida on
Q: 1 ilegal re-entry & deported for 10 yrs, is there still any hope to get green card through marriage with a US citizen?

First deportation (5 year ban) was because of DUI. Then tried to re enter the country and was caught and deported for another 5 years.

Kevin D. Slattery
Kevin D. Slattery
answered on May 25, 2017

You should consult with a competent immigration attorney who can ask many questions to flush out all possible issues and potential solutions, which may include things not related to marriage to a U.S. Citizen. For a question such as yours, an online forum is really not the location where you will... View More

1 Answer | Asked in Immigration Law for Florida on
Q: What documents should we provide for late filing of I-751. Reason being late (mother's death in Philippines)

My wife is one month late filing

Kevin D. Slattery
Kevin D. Slattery
answered on May 25, 2017

As noted in the instructions to the Form I-751: "If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Can I stay in USA while the papers are being processed? Im over 21 single, mom is citizen.

I know she can submit the paperwork for the petition. But can I stay and submit other paperwork?

Kevin D. Slattery
Kevin D. Slattery
answered on May 25, 2017

An adult child of a petitioning U.S. Citizen Parent is not considered an "immediate relative" as that term is defined in U.S. immigration law. As such, if the adult child has not maintained lawful status and is not in a lawful status at the time his/her spot in line in the family-based... View More

1 Answer | Asked in Immigration Law for Florida on
Q: My father (permenat resident) sponsored me so my I-797 has been approved years ago and I'm currently waiting for my case

to come up. but I'd like to know if there's any advice for me migrate to America now?

Kevin D. Slattery
Kevin D. Slattery
answered on May 25, 2017

Have you checked the Department of State's Visa Bulletin to see how close your case is to being ready for you to immigration? The bulletin is available here: https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html If your priority date ("spot in line") is not... View More

1 Answer | Asked in Immigration Law for Florida on
Q: My aunt in Mexico is really sick and close to passing away and I'm a daca recipient. Do I qualify for advance parole
Kevin D. Slattery
Kevin D. Slattery
answered on May 25, 2017

You may possibly qualify. My office has used similar factual circumstances to secure advance parole for DACA clients. However, before applying for parole, one must examine whether any grounds of inadmissibility might apply that, despite having an approved parole in hand, would result in U.S.... View More

2 Answers | Asked in Estate Planning and Immigration Law for Florida on
Q: What about the form I-131, and also if I need to bring my cat to live in the USA, which special documents do I need?

Thanks a lo for your response, but I wanna know what to do about the form I-131 cuz actually I sent my papers for Adjustment of Status( form I-485), the last April 4, so right now I read the instructions for the I-131 form and says that if I am through the adjustment of status and I paid the fee... View More

Kevin D. Slattery
Kevin D. Slattery
answered on May 22, 2017

You are correct that you do NOT need to pay the fee normally associated with the I-131 because you have a pending adjustment of status application. You should, however, include a copy of the receipt notice from the I-485 case with your I-131 submission. 90 days is normally the approximate... View More

View More Answers

1 Answer | Asked in Immigration Law for Florida on
Q: I need to fill the I-131 to travel abroad but I still have a valid K-1 visa, can I travel with that?

I live in Miami and I came on a K-1 visa, got married and my green card petition is already on, my case was well received by USCIS and I'm in the middle of the process, but now I need to go to Colombia(my original country), and get my cat in a need to have an emotional pet cuz I have a mental... View More

Kevin D. Slattery
Kevin D. Slattery
answered on May 22, 2017

The K-1 visa is valid only for a single entry to the United States. So, if you wish to travel while your Application to Adjust Status (Form I-485) is pending, you will need to apply for an advance parole using an Application for Travel Document (Form I-131). Typically, one files the I-131... View More

1 Answer | Asked in Immigration Law for Florida on
Q: What is the next step to take after an I-130 application is approved and how long will it take to obtain a visa?

I am an American citizen who has filed an I-130 for my wife and daughter, who are currently living in Mexico. I called the USCIS office to speak to an immigration officer, who informed me that both my applications are soon to be approved (15 to 30 days).

After the I-130 applications are... View More

Kevin D. Slattery
Kevin D. Slattery
answered on May 18, 2017

In order for a K-3 spouse visa (and K-4 dependent child visa) to be issued by the U.S. Embassy abroad, the U.S. Citizen Petitioner must first have filed with USCIS a Form I-129F. That form is titled "Petition for Alien Fiance", but it is also used for K-3 spouses and K-4 children. That... View More

1 Answer | Asked in Family Law and Immigration Law for Florida on
Q: Hi I am 20 years old and a born Canadian citizen, my father is a US citizen can he sponsor me for dual citizenship?

When I was 3 my father left Canada forfeiting his Canadian citizenship to become a US citizen. I am Canadian and my mother and brothers are aswell. Is it still possible to be sponsored for dual citizenship and what would it take?

Kevin D. Slattery
Kevin D. Slattery
answered on May 17, 2017

You should schedule a consultation with a competent immigration attorney. Bring with you copies of your father's birth certificate, his naturalization certificate (from your statement, I am assuming he is a naturalized U.S. Citizen), your birth certificate, any of your past criminal history... View More

1 Answer | Asked in Immigration Law for Florida on
Q: just got married under the k1 visa. what is the next step to be able to continue to work here in US and visit DR.

left 4 year old in Dominican Republic and would like to visit for a week to see her. what needs to be done or in place to make sure no problems with trip.

Kevin D. Slattery
Kevin D. Slattery
answered on May 17, 2017

After one marries the U.S. Citizen Petitioner within 90 days of having entered on the K-1 visa, the foreign national spouse can file the Application to Adjust Status with U.S. Citizenship & Immigration Services. With that application, one can also file an Application for Travel Document... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Hello, Green card holder for 5 years, Two criminal offenses 8 years ago. Would it affect the Naturalization process?

2008, petit larceny "dismissed charges".

2009, driving mv under influence, adjudicated youth offender, fine, drinking driver referral & probation.

"Completed"

Thanks for any comments on this!

Kevin D. Slattery
Kevin D. Slattery
answered on May 15, 2017

U.S. Citizenship & Immigration Services is looking primarily at the 5-year period just prior to filing one's application for naturalization for the purpose of evaluating whether one has the requisite "good moral character" that is required for naturalization. Assuming that the... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Hello. I need a little advice. I am a US citizen, I filed i-130 for my daughter. I read that I can file i-129f for her

Hello. I need a little advice. I am a US citizen, I filed i-130 for my daughter. I read that I can file i-129f for her once I receive the I-797 NOA. But When i look at the form i-129f, i see that i have to check k1 or k3(fiance or spouse). Should i leave this part unchecked and put my... View More

Kevin D. Slattery
Kevin D. Slattery
answered on May 9, 2017

The Form I-129F is used by a U.S. Citizen to sponsor a fiance(e) for a K-1 visa or a spouse for a K-3 visa. It is not used to sponsor children; not directly anyway. If your fiance(e) or spouse has children and you are filing the I-129F for your fiance(e) or spouse, then that fiance(e) or... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Am I admissible to apply for green card despite my criminal record ?

In my country I received a criminal conviction which amounts over a year. I do not have to serve the jail time unless I commit on other crime .

Kevin D. Slattery
Kevin D. Slattery
answered on May 9, 2017

The answer to your question depends on what, precisely, the crime was. For example, many crimes that do not involve controlled substances, violence, fraud/deceit and do not implicate "moral turpitude"; such crimes may not necessarily be a problem in the context of U.S. immigration law.... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.