Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Kevin D. Slattery
3 Answers | Asked in Immigration Law for Florida on
Q: I am a foreign National currently in the US, in process of getting a F1 visa and I married a permanent resident

With a DUI, Can he sponsor me for a spouse visa?

Kevin D. Slattery
Kevin D. Slattery
answered on Jan 14, 2022

A DUI would not preclude your permanent resident spouse from sponsoring you. Consider, however, scheduling a consultation with a competent and experienced immigration attorney to discuss other aspects of the family-based immigration case you are considering. Many attorneys offer online video... View More

View More Answers

3 Answers | Asked in Domestic Violence and Immigration Law for Florida on
Q: I’m currently a temporary permanent resident and I’m married. However, my marriage involves a lot of emotional abuse.

None

Kevin D. Slattery
Kevin D. Slattery
answered on Dec 27, 2021

Consider scheduling a consultation with a competent and experienced immigration attorney who can discuss in private the details of your situation and what might be the best course of action. Many attorneys offer online video consultations if you find one who you like but who is not local to your... View More

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: The immigration officer didn't take immigration visa documents from the consular while entering the US.

While first enter in the US airport officer just requested passports with visa and sent us to declare the amount of money. He didnt request or ask for envelopes from consular. How its bad? we are here for 3 months and still waiting for Green Card by mail

Kevin D. Slattery
Kevin D. Slattery
answered on Oct 11, 2021

After getting your immigrant visas, but before using them to enter the United States, did you log onto the USCIS website and pay your USCIS immigrant fees? If you did not do this, the green cards will not be produced. You can pay the fees after the fact (after you entered), which should trigger... View More

View More Answers

4 Answers | Asked in Immigration Law for Florida on
Q: I have a k1 visa im married ready to apply for adjustment of status I-485 form. I with I 765 and I 131 what is the fee?

I'm married with a us citizen have a k1 visa I believe I need to apply for I 485 and I 765 but I plan to add I 131 for travel document can you please tell me the exact fee for all of them when seeding together with each fee separately of possible?

Kevin D. Slattery
Kevin D. Slattery
answered on Sep 24, 2021

If you are filing Forms I-765 and I-131 with a Form I-485, you need only pay the I-485 filing fee, $1225.00. There are no filing fees for Forms I-131 and I-765 when filed concurrently with the Form I-485. Good luck!

View More Answers

4 Answers | Asked in Immigration Law for Florida on
Q: I overstayed my ESTA with an European passport, but I am also Cuban, can I apply for CAA?

I have dual nationality and I travelled to the US on an ESTA with my European passport. However it is coming up to a year I have been in the US. Can I apply for CAA with my cuban passport and be able to stay legally in the US?

Kevin D. Slattery
Kevin D. Slattery
answered on Sep 14, 2021

The bars to adjustment enumerated in Immigration & Nationality Act (INA) 245(c) are inapplicable. So, one who was admitted as nonimmigrant visitor without a visa under the Visa Waiver Program (what you referred to as ESTA) can, assuming all other requirements for the Cuban Adjustment Act (CCA)... View More

View More Answers

3 Answers | Asked in Immigration Law for Florida on
Q: What are the steps for a father to recognize its adult daughter and for her to claim American citizenship, he's American
Kevin D. Slattery
Kevin D. Slattery
answered on Aug 25, 2021

The U.S. citizen parent should likely schedule a consultation with a competent and experienced immigration attorney who can evaluate the facts of the parent and child's situation against the applicable law. The citizenship laws have changed over the years, and an accurate answer to the... View More

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: How can I get info on my removal proceedings case? Either to know if there's any updates or when will I receive a NTA..

I had Green Card but was not living in the USA. When I came in December 2017, I was stopped by CBP at the airport and after lots of paperwork and hours, got a Parole Card and documents related to Removal Proceedings. I was given a NTA that said that date, time and place were "to be... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Jul 1, 2021

Consider scheduling a consultation with an experienced immigration attorney who may be able to make some inquiries on your behalf.

View More Answers

3 Answers | Asked in Immigration Law for Florida on
Q: Can my fiancé(Japanese) enter the US witba tourist/visa waiver or does she need fiancé visa?

I am a US citizen and we are planning to get married soon. She is Japanese and will be. Oming to visit in July, we talked about the viability of getting married while she’s here but we want to know if she specifically needs a fiance visa to enter and get married. We’re planning a trip back to... View More

Kevin D. Slattery
Kevin D. Slattery
answered on May 20, 2021

Fiance(s) visas are intended for those who following their entry to the United States plan to marry here and pursue adjustment of status from within the United States. In your case, it appears that your fiancée intends on departing after marriage (and hopefully before the expiration of her... View More

View More Answers

5 Answers | Asked in Child Support, Divorce and Immigration Law for Florida on
Q: I have a green card through marriage, is conditional and is due to renewal on august 13 2021. Wife wants divorce.

My wife wants a divorce and possibly report me to uscis like she did before when we were together(she sent an email to uscis that she thought I was with her just for the green card which is not true). She wants me to leave our house and me to remove all my belongings and is threatening me with... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Apr 30, 2021

Consider scheduling a consultation with a competent and experienced immigration attorney. Many attorneys during the pandemic, which hopefully is fast approaching an end here in the United States, offer online video or telephonic consultations. Such an attorney can evaluate best your facts and... View More

View More Answers

3 Answers | Asked in Immigration Law for Florida on
Q: i have a question regarding thn-600 form

My father is citizen and I am a resident. He was a citizen before I was 18 and I got my green card 12 days after I turned 18.

Kevin D. Slattery
Kevin D. Slattery
answered on May 4, 2021

Consult with a competent and experienced immigration attorney to review the facts of your case as may be applicable to the citizenship laws, which have changed over the years. As to the most recent law whereby a permanent resident child can acquire citizenship by virtue of his or her parent(s)... View More

View More Answers

4 Answers | Asked in Immigration Law for Florida on
Q: Where do I start? Can I get an EAD without applying for the I-485 concurrently?

I have a daughter that is 20 that is my preparer and translator. She is trying to help me get an EAD. I had one but it expired in 2007. I came to the USA legally with a visa in 2002. My EAD was in c09 status. All my documents have expired. My passport/visa. Parole paper, EAD. Also I’m here in... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Apr 23, 2021

Consider having a consultation with a competent, experienced immigration attorney who can review the facts of your case with you to provide an informed opinion. Additional information beyond that which you provided in your question is needed. Many attorneys now offer online video consultations,... View More

View More Answers

5 Answers | Asked in Immigration Law for Florida on
Q: When can I file the petition for the K1 visa?

I met my girlfriend now fiance back in august 2019, when can I petition for the K1 visa? We have already met twice.

Kevin D. Slattery
Kevin D. Slattery
answered on Feb 2, 2021

As the saying goes, "There's no time like the present." - particularly given the requirement that you and your fiancée have met physically at least once during the 2 year period immediately preceding the filing of your Petition for Fiancé(e). Consider scheduling a consultation... View More

View More Answers

4 Answers | Asked in Immigration Law for Florida on
Q: I am a US citizen..My mother have Tourist visa, she is 86 and recently my father died,she is leaving in Ecuador ,

I am planning to get her here to live with me..Can I ask the immigration officer for adjust of status at the port of entrance ? O need to start the petition while she is over there? ..She is alone in Ecuador...my brother and sister can’t take care of her but I am

Kevin D. Slattery
Kevin D. Slattery
answered on Jan 19, 2021

Consider scheduling a consultation with a competent and experienced immigration attorney who can advise you and your mother the proper procedure for immigrating permanently to the U.S. given her intent to do so from outside of the United States. If she has preconceived intent from outside of the... View More

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: Green card and Citizenship

Hi .. i am greencard holder since December 2016 , I have trips outside USA some between 6 months to 1year but none more than 1 year to settle my things and quit the job in my original country , total time outside USA less than 30 months, I settled in USA since March 2019 and have no intention to... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Dec 11, 2020

Unless you have been married to and living with a U.S. Citizen spouse for the last three (3) years, it would be premature to file an application for naturalization, as it seems you may need to file under the "5-year" rule. Even then, if you have any trips outside the United States during... View More

2 Answers | Asked in Immigration Law for Florida on
Q: If I was under 18 when I came to the US on a green card but my father is a US citizen, I'm i a citizen Now I'm over 18?

Or do I need to fill the paper work and take the test?

Kevin D. Slattery
Kevin D. Slattery
answered on Dec 11, 2020

Depending on a number of factors, including but not limited to whether your father was a U.S. Citizen prior to your 18th birthday, you may have automatically acquired U.S. Citizenship before your 18th birthday. What would be best is for you to schedule a consultation with a competent and... View More

View More Answers

5 Answers | Asked in Immigration Law for New Mexico on
Q: Our church Pastor and his wife have been here over 30 year but do not have legal status. Can the church sponsor them

They do have 2 adult children born here too. He has been the pastor for 24 years

Kevin D. Slattery
Kevin D. Slattery
answered on Dec 11, 2020

It would certainly be wise for the pastor, his wife and their children to schedule a consultation with a competent and experienced immigration attorney. The limited amount of information you provided does not allow one to say conclusively whether, for example, prospective cases could be completed... View More

View More Answers

3 Answers | Asked in Immigration Law for Florida on
Q: I would like to know if It’s possible to apply for fiancée visa during this Period?
Kevin D. Slattery
Kevin D. Slattery
answered on Dec 10, 2020

Yes, one may pursue a fiancé(e) visa during the pandemic. In fact, before even dealing with the U.S. Embassy for issuance of the visa, the U.S. Citizen Fiancé(e) must file first here in the United States a Petition for Fiancé(e) with U.S. Citizenship & Immigration Services. Once that... View More

View More Answers

2 Answers | Asked in Immigration Law for New York on
Q: My husband wants to file the I130 but I have over stayed my time already would that be a problem? What docs do we need?
Kevin D. Slattery
Kevin D. Slattery
answered on Dec 11, 2020

Generally speaking, with some exceptions, overstaying one's status is not an impediment to seeking permanent residency from within the United States based on marriage to a U.S. Citizen. You should likely schedule a consultation with a competent and experienced immigration attorney who can... View More

View More Answers

1 Answer | Asked in Immigration Law for Florida on
Q: Can I apply for diversity immigration while I am in the United States on a visitors visa
Kevin D. Slattery
Kevin D. Slattery
answered on Nov 5, 2020

To the extent you mean submitting an entry in the DV-2022 program, being here in B-2 status would not preclude you from submitting an entry so long as you meet all requirements for the DV-2022 program. See... View More

3 Answers | Asked in Immigration Law for Florida on
Q: Can I get a drivers permit with a -765 approval letter in Florida
Kevin D. Slattery
Kevin D. Slattery
answered on Nov 5, 2020

The actual work card issued in connection with the I-797 approval notice for the I-765 is what you would want to bring for issuance of a driver license in Florida.

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.