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Questions Answered by Kevin D. Slattery
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

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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

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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

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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

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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!

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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

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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

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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

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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!

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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

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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

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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.

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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

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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

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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

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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

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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

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