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Questions Answered by Kevin D. Slattery Esq.
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.
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.
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.
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.
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.
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 »

2 Answers | Asked in Immigration Law and International Law for Florida on
Q: Is it possible for a U.S. citizen to marry a Mexican citizen, and for said Mexican citizen to gain legal residency?
Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jan 17, 2019

Whether the Mexican Citizen in question will gain legal residency requires a case specific analysis, including an analysis of any prior negative immigration history, prior criminal history, etc. Absent serious negative immigration history and absent serious prior criminal history, yes, it may be... Read more »

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4 Answers | Asked in Immigration Law for Florida on
Q: I'm married with a American citizen, I would like to apply to the green card, what is the right form to fill up?

I'm legal in the USA , have a visa

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Dec 10, 2018

First, congratulations on your marriage! Next, as has been pointed out by others who have responded to your question, it is often a good idea to speak with a competent immigration attorney at a consultation. The attorney will ask you a variety of questions to determine what is the best course of... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Should my 23 yr old nephew go to the green card interview with mom since he was arrested for smoking weed in 12/2017?

He was charged with 5th degree criminal possession of weed (PL 221.10, PL 221.05) in NY for smoking in public while a student. Charges dismissed 02/18 and told his record will be sealed. Will he be barred from getting the green card since he has used MJ within the last 3 yrs? I had a family member... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Dec 3, 2018

Any time an individual seeking some type of U.S. immigration benefit has past criminal history, it is wise to bring copies of the criminal case documents to an immigration attorney for analysis. Without seeing those documents and without asking a series of questions, it is impossible to say one... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: Can I solicit a tourist visa for the mother of my child of Honduran citizenship. Our baby boy has an American passport

I need to resume my life in the U.S after living in Honduras for 10 years due to a work contract. I would like to bring my life partner & marry in the U.S Please advise

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Nov 30, 2018

Are you a U.S. Citizen? If so, and if you are not yet married to your child's mother, then a K-1 fiancee case may be appropriate. One would need to know, however, whether your child's mother has any criminal history or negative past U.S. immigration history that could complicate such a case. If... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: My girlfriend is currently in Florida on a work Visa: AuPair. She wants to quit her job and enroll in College, advice?

Once she is accepted in College would she be able to quit her job while waiting on her Student Visa (and still live in Florida)?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Nov 26, 2018

She should schedule a consultation with a competent immigration attorney. If she is hoping to do a change of status from within the United States, maintaining lawful nonimmigrant status at all times is imperative. Again, she should seek the advice of an attorney who can review all strategies with... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: My daughter entered THE LOTTERY in Canada. I'm a citizen, can I also file form I-130 ?

My question is, would it be helpful, or might it be illegal.

I was born in Cuba, arrived here in 1962, married a canadian and became a citizen of Canada. my daughters were born there.

I returned to the U.S. in late 1980's, subsequently I became a U.S. citizen. I'm now married to an... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Nov 14, 2018

Of course you can file Form I-130 for your daughter(s). You may also wish to schedule a consultation with an immigration attorney to flush out other possibilities. When your children were born, and I'm uncertain whether at the time of their births Cuba had an embassy in Canada, did you register... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: How to find out if i have a deportation noice.
Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Oct 22, 2018

File Freedom of Information Act (FOIA) requests with both U.S. Citizenship & Immigration Services (USCIS) and the Immigration Court housed under the Executive Office for Immigration Review (EOIR).

2 Answers | Asked in Immigration Law for Florida on
Q: My H1B visa expires on October 25th, 2018. Can I marry if I'm out of status?

My H1B is about to end soon and I'm still waiting for approval of my extension. I'm supposed to marry my girlfriend who's happened to be a US citizen during December which was pre-planned. What should I do if I'm out of status by then(if my extension gets denied)? Should I leave the country, come... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 21, 2018

Visa overstay can be forgiven in the context of a petition for relative / application to adjust status case when the relationship is that of marriage to a U.S. Citizen petitioner. I recommend that you consult with a competent immigration attorney in an attorney office setting, so that an attorney... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Hi!! My aunt has deportation order since 2001. She's cuban and she use to have green card until

she got arrest for fraud to medicaid. can she request a waiver? and what type?

Thanks much

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 7, 2018

She certainly should schedule a consultation with an experienced immigration attorney. She should bring copies of all her past immigration paperwork and copies of all criminal case documentation, the medicaid fraud case and any other. It is impossible to provide an answer without reviewing all... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: My husband came to the U.S. at the age of 4 with his resident alien card. His parents became citizens before he was 13.

He's in prison and being told he's being deported. We have been married since 2001. He has violent charges. Is he going to be deported

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Aug 27, 2018

One should gather proof of your husband's permanent resident status (e.g., copy of his green card) and proof of his parents' citizenship (e.g., naturalization certificates) and bring those items to an immigration attorney for analysis. It may very well be that your husband acquired citizenship... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: Is the process for getting a marriage visa the same for LGBT couples as straight couples?
Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Aug 10, 2018

Yes. Following the Supreme Court's holding several years ago that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional, then-President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples would be... Read more »

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1 Answer | Asked in Immigration Law and Juvenile Law for Florida on
Q: Hi I’m US citizen married to a Mexican filed form I 797C to bring my step daughter is there a faster way

I was told there’s another form I can fill out to bring her to the US why she waits for her approval is this true

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jul 18, 2018

You may be thinking of the K-4 visa process, but unless your wife is pursuing the K-3 visa, your step-daughter would not be able to employ that strategy. Consider scheduling a consultation with a competent immigration attorney who can speak with you to more fully understand your case history and... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: trying to become a citizen. I registered to vote and I voted. their is anything I can do. I have a kid here?

Registered to vote. And voted. I have a child here in USA. I want to see if anything I can do.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jun 5, 2018

You certainly should speak with a competent immigration attorney in the context of a consultation. Making a false claim to U.S. Citizenship and voting illegally can have substantial negative effects in the context of immigration cases. If you are a U.S. Legal Permanent Resident now, have voted... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: US Resident I-130 petition for my wife and child

Do I need to file a separate petition one for my wife and one for my 2 year old daughter? Or can my daughter be listed on my wife's I-130 as a derivative beneficiary?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jun 4, 2018

Assuming when you say that you are a "U.S. Resident" you mean U.S. Legal Permanent Resident, then yes, only one petition needs to be filed for your wife, to which your child can be attached as a derivative beneficiary. You can, however, in the abundance of caution file separate petitions. If,... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: Hello, I am a US resident and wish to bring my wife and daughter to live in the US. They are in Colombia now.
Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jun 4, 2018

Although you should likely schedule a consultation with a competent immigration attorney to flush out any possible issues with your prospective case, speaking generally the process involves filing a petition for relative with U.S. Citizenship & Immigration Services (USCIS) (see... Read more »

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