Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Kevin D. Slattery
1 Answer | Asked in Immigration Law for Florida on
Q: I have L1B visa which expires in April 2023. Could you please advice if it is possible for me to stay in the USA?

I have been working in the USA (Florida) for 4 years and 3 months. I am a software developer. My company has not started a Green Card process for me yet. I am from Russia. I would not want to return to my country because of the current situation there.

Kevin D. Slattery
Kevin D. Slattery
answered on Nov 23, 2022

If you have not already done so, schedule a consultation with a competent and experienced immigration attorney who can review all of your facts in order to provide his or her informed advice. Note that ever since the onset of the COVID-19 pandemic, many attorneys offer online video or telephone... View More

2 Answers | Asked in Immigration Law for Florida on
Q: I have a job, working there for over a year. Marriage based green card interview is coming up. is there a problem?
Kevin D. Slattery
Kevin D. Slattery
answered on Nov 7, 2022

There is insufficient information in your question in order to provide an informed opinion. Consider scheduling a consultation with a competent and experienced immigration attorney who can flush out all of your facts in order to be able to best advise you. Note that ever since the onset of the... View More

View More Answers

2 Answers | Asked in Cannabis & Marijuana Law and Immigration Law for Florida on
Q: Does Biden cannabis pardon effect lawfully permanent immigrants with prior simple possession of cannabis charge?

If I was deported because of a simple possession of cannabis and tampering with physical evidence and was a lawfully permanent resident at the time does president Biden new cannabis pardon grants me relief because immigration does fall under the federal level can I get my immigration case review... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Oct 10, 2022

Was your conviction for simple possession a conviction under federal law (federal simple possession) or a conviction under state law (state - e.g., Florida - simple possession)? What President Biden has done benefits those who were convicted under federal criminal law, not under state criminal... View More

View More Answers

1 Answer | Asked in Immigration Law for Florida on
Q: My brother in law came from cuba in June. He was released from Laredo with an i220A and given a court date for 2023

Can he adjust status and his one year under the Cuban adjustment act or does he have to file for asylum. We have been told both. We live near tampa

Kevin D. Slattery
Kevin D. Slattery
answered on Oct 6, 2022

A requirement for pursuing adjustment of status under the Cuban Adjustment Act is that the individual was either inspected and admitted or paroled. At the end of the Obama administration, the government ended its policy of generally granting parole to Cubans who presented themselves without, e.g.,... View More

1 Answer | Asked in Immigration Law for Florida on
Q: For some reason it won’t let me post my question in this section, I’ve inserted into the more information window, Thank

Hi, I’m a current green card holder living in Florida, approximately 16/18 years ago I was convicted of an assault in the 3rd degree (plea bargain), apparently it’s a crime committed without malice and non deportable, I do travel frequently internationally and I’m red flagged without fail on... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Oct 6, 2022

If in the future you would like to spend extended amounts of time outside of the United States as well as enjoy all of the benefits that you have accumulated/earned here in the U.S. while in permanent resident status, it may be advisable for you to seek naturalization. Simple assault is generally... View More

2 Answers | Asked in Immigration Law for Florida on
Q: I met a guy 5 months he came from cuba with an i220 second line, we wanted to stay together and get married but we had

Been told that if we get married he will be Denied the papers or he will be affected in many ways please will you give the correct advise

Kevin D. Slattery
Kevin D. Slattery
answered on Sep 30, 2022

Consider scheduling a consultation with a competent and experienced immigration attorney who can evaluate all of the facts to determine what may be the best course of action. Whether, for example, he was "paroled" can dictate what options may be available, including, e.g., adjustment of... View More

View More Answers

1 Answer | Asked in Immigration Law for Florida on
Q: My wife & filed I130. Her b2 expired while waiting for the receipt of notice. Do we now need to file I485 supplement a?

We had to file I-130 separate from I-485. We now have the I-130 receipt of notice and all other supporting documentation. However, in that time, her b-2 expired. Do we need to file I-485 supplement a along with the I-485? Or are we exempt as this is a spousal sponsorship?

Kevin D. Slattery
Kevin D. Slattery
answered on Sep 28, 2022

If you, the petitioner, are a U.S. Citizen, then your spouse's B-2 overstay in and of itself is not a disqualifier for adjustment of status purposes. She would not need to file supplement A. Consider, however, scheduling a consultation with a competent and experienced immigration attorney... View More

1 Answer | Asked in Immigration Law for Florida on
Q: I have been arrested in Florida twice under student visa . Both cases no trial , I just had to do some courses

Than after 2 courses both of my casas were dismissed! But I’m under student visa I want o to know if I can have any problem going back to USA after this issues ! Can someone who really s understand about to give the a sure answer ! I need to finish my master degree in Miami but I’m afraid to be... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Sep 19, 2022

You should consult with a competent and experienced immigration attorney who can evaluate the dispositions in your criminal cases to determine what possible negative immigration consequences might exist. Without seeing the actual documents from your criminal cases, it is hard to say here online... View More

1 Answer | Asked in Immigration Law for Florida on
Q: what if i was illegally immigrated here as a baby by my parents and am now 17 seeking status

i was brought here in 2007

Kevin D. Slattery
Kevin D. Slattery
answered on Aug 24, 2022

You should schedule a consultation with a competent and experienced immigration attorney who can evaluate the facts of your life to determine what, if any, paths to permanent residency or some other type of lawful immigration status might exist for you. There are too many "unknowns" in... View More

3 Answers | Asked in Immigration Law for Florida on
Q: Green Card Expired. What are my options?

My wife entered the US on a K1 visa. We were married shortly afterwards. She was granted a green card. We were unaware that the initial green card expires after 2 years. She's live with me in the US since 2013. We have a family. I'd like for her to be a permanent resident and be on the... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Aug 21, 2022

Schedule a consultation with a competent and experienced immigration attorney. Assuming that she was not already placed in removal proceedings (without her knowledge) and ordered removed in absentia, the two of you could examine with counsel the possibility of filing an untimely joint petition to... View More

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: I married a Brazilian who came here legally but now his visa is expired,can he stay here legally

He wants to get a social security number to work

Kevin D. Slattery
Kevin D. Slattery
answered on Jul 22, 2022

Assuming you are a U.S. Citizen and that your marriage is a bona fide marriage, you can file a petition for relative on his behalf and he may be able to file an application to adjust status. There are too many facts missing from your question to give a definitive answer. You may wish to schedule... View More

View More Answers

1 Answer | Asked in Immigration Law for Florida on
Q: What else can i show as employment authorization besides my green card?

I recently got hired for a job and they sent me my employment offer. But they need something that shows my employment authorization. I dont have my green card because i lost it and i recently applied for a replacement and its currently being reviewed which could take months. Is there any other way... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Jul 7, 2022

There is a list of acceptable documents in the instructions to Form I-9, which they should have had you fill out when you were hired. The employer cannot dictate what it is that you show them to prove employment authorization. For example, notwithstanding that you do not have your green card... View More

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Florida on
Q: I have a biometric appointment but I don't have a license or I'd and my green card is expired will I have problems

My passport is expired too it for the i 90 form

Kevin D. Slattery
Kevin D. Slattery
answered on Jul 3, 2022

In all likelihood they will take your biometrics notwithstanding the expired green card and expired passport. Do bring those photo IDs, however, and any other photo ID you may have, even if not government issued, to prove your identity. Also beginning in January 2021, USCIS began issuing a... View More

1 Answer | Asked in Immigration Law for Texas on
Q: How not to get out of status?

The immigration officer only gave me a one-month stay, which affects my travel schedule, my plan to meet my US colleagues face to face (since I am a remote worker, a software engineer), and losing money since I already paid for my stay and airline tickets to new York, I am in Austin at this moment,... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Jun 13, 2022

Consider scheduling a consultation with a competent and experienced immigration attorney. You might want to try to contact a supervisor at a U.S. Customs & Border Protection deferred inspection site to see whether they might view the limited duration of status given by the officer as an error... View More

2 Answers | Asked in Immigration Law for New York on
Q: Green Card "New Card is being Produced" - what does that mean?

My partner is on a L1A and applied for Green Card. She received a notification for her i-485 that "Card is being produced"? Does it means she will receive an EAD or Green Card? If she receives her EAD, can she leaves her current employer? thank you.

Kevin D. Slattery
Kevin D. Slattery
answered on Jun 13, 2022

Based on how you have presented the facts and posed your question, it sounds as though the green card is being produced. As to leaving the employment of the employer that sponsored your partner for the green card upon receiving the green card, your partner may wish to schedule a consultation with... View More

View More Answers

4 Answers | Asked in Immigration Law for California on
Q: I need help filing an I-601 waiver for immigration purposes.

I have been considered inadmissible at the moment but I have the requirements to void this.

Kevin D. Slattery
Kevin D. Slattery
answered on Jun 13, 2022

Consider scheduling a consultation with a competent and experienced immigration attorney. Although you may in fact need to file a waiver for whatever ground of inadmissibility the government has asserted applies, sometimes the government's assessment is incorrect that a particular criminal... View More

View More Answers

1 Answer | Asked in Immigration Law for Florida on
Q: I've been out of the US for 8 years. My green is expired by 1 year. I am trying to reenter. What steps should I take?

I am in St. Kitts. The closest U.S. embassy is in Barbados. I would like to avoid going there. Can I feasibly reenter the US and apply to renew my status there?

Kevin D. Slattery
Kevin D. Slattery
answered on Jun 10, 2022

Based on your facts as you present them, it seems that, if you are intending as reentering as a permanent resident, you would need to apply for an SB-1 returning resident visa, but the likelihood of success may be low given your length of time outside the U.S. A consultation with a competent... View More

2 Answers | Asked in Immigration Law for Ohio on
Q: Hello I’m trying to submit my applications for spousal I-130 and I-485 from F-1 should i submit i-130 online?

I have my apps together can i someone look over and give comments before i submit? i have one month left before i am illegal

Kevin D. Slattery
Kevin D. Slattery
answered on Jun 13, 2022

Paper-filing both cases together would be the preferred option. Consider also scheduling a consultation with a competent and experienced immigration attorney who can evaluate fully your case to make sure there are no issues that you are overlooking. Ever since the onset of the COVID-19 pandemic,... View More

View More Answers

2 Answers | Asked in Immigration Law for Nevada on
Q: Hello, I am applying for Green Card w/Form I-130 & I-485 & I-864. Do I need also 245(i) w/Penalty $1,000?

I was brought to the US by my parents illegally, w/o inspection or Visa in 1989 when I was 3 yrs old. I have been in this country ever since. I am now under DACA and have a Work Permit.I am applying for Green Card w/Form I-130 & I-486 & I-864 as my Spouse of 4 years is a US Citizen.

Kevin D. Slattery
Kevin D. Slattery
answered on Jun 13, 2022

Before you spend the filing fee money in connection with an application to adjust status, you should consult with a competent and experienced immigration attorney who can evaluate your eligibility. A basic requirement for adjustment of status is that one was either "inspected and... View More

View More Answers

4 Answers | Asked in Immigration Law for Florida on
Q: B1/B2 visa expired for me, my wife and my daughter. My son was born in the US. What are my options?

I have electrical engineering diploma from Brazil and have a job offer to work in the US -- but cannot work without proper working permit.

Kevin D. Slattery
Kevin D. Slattery
answered on Apr 5, 2022

You should schedule a consultation with a competent and experienced immigration attorney who can ask you many questions to evaluate best what, if anything, can be done. As another colleague responded, more information is needed. Many attorneys offer online video consultations. Good luck!

View More Answers

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.