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3 Answers | Asked in Immigration Law for Florida on
Q: I were admitted at UNF as a student with F-1 visa (I was seeking for it), but while waiting the interview I got married

And we applied for green card. So now I can’t be an F-1 student anymore and I’m confused about my admission. can I study? And if I can what rights I’ll have? (Paying like an international student or resident?)

My university can’t answer me on that and they are saying I need to talk with the lawyer.

Kevin D. Slattery
Kevin D. Slattery
answered on Jun 3, 2019

Consider scheduling a consultation with a competent immigration attorney who can evaluate your case and, if you so choose, guide you through the marriage-based immigration process. Through the marriage based case, you may be able soon to qualify for in-state tuition if you plan on continuing with... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: Citizenship

im planning to apply for my n400 but my situation is kinda complicated ..i obtained my LPR thru waiver i was emotionally abused by my ex husband been permanent resident for (5yrs.) we divorced (oct2015) grounds for my adultery i didn’t fight him anymore bcoz i just want to be divorced and get out... View More

Kevin D. Slattery
Kevin D. Slattery
answered on May 30, 2019

You should schedule a consultation with a competent immigration attorney who can evaluate in privacy all aspects of your case. In addition to making sure that you satisfy all requirements for naturalization, one would want to make sure that any "admissions" in your divorce case do not... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: Me and my partner are not married.we have a daughter she is a us citizen..can she claim him..she is a minor.

He is illegal here..

Kevin D. Slattery
Kevin D. Slattery
answered on May 30, 2019

As another colleague indicated, a U.S. Citizen Child cannot petition for a parent until that child is 21 years old. That being said, the father of your child should consult with a competent immigration attorney who can help to explore all possible paths to gaining legal status. An experienced... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: I have 877.03 and I have a green card that can make me deported?
Kevin D. Slattery
Kevin D. Slattery
answered on Apr 18, 2019

Generally speaking, breach of peace/disorderly conduct is not a removable offense. However, for a more definitive answer to your question, you should bring certified copies of your criminal records to a competent immigration attorney who can analyze them.

2 Answers | Asked in Immigration Law and Appeals / Appellate Law for Florida on
Q: Can USCIS use a self employed persons write offs to deny them as a sponsor for a I-485

My wife's I-485 was denied this week because my evidence of assets doesnt meet the federal poverty line. They sent us an RFE in December asking to see my entire 2017 tax return and my bank statements for every month in 2017. My tax return showed that I grossed over 69k in 2017. I had over 87k... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Apr 18, 2019

I agree with my colleague Kevin L. Dixler, in that you may wish to consult with a competent immigration attorney to see whether pursuing a motion to reconsider is in order or simply re-filing the case. I would note, however, that the instructions to Form I-864 provide: "For purposes of this... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: I’m an immigrant, just have got married and want to change my last name. How can I do it?

One more question. We are applying for a green card as well. So do I need to change my last name before submitted the application?

Kevin D. Slattery
Kevin D. Slattery
answered on Apr 16, 2019

If you are referring to changing your surname (family/last name), you can identify your married surname as your current surname. There are typically boxes on the immigration forms for "other names used", wherein you would list your name before marriage. The USCIS Adjudicator's... View More

1 Answer | Asked in Immigration Law for Florida on
Q: If a child was born Canada can he apply for us social security card
Kevin D. Slattery
Kevin D. Slattery
answered on Mar 25, 2019

The answer to your question depends on a number of facts that are not provided in your question. If you mean the child born in Canada somehow has a claim to U.S. Citizenship because, for example, he or she has U.S. Citizen parents, then the answer is yes. There are even circumstances where a... View More

3 Answers | Asked in Immigration Law for Florida on
Q: Can I marry my foreign fiancé in Canada )I’m American he’s not ) then apply for adjustment of status when in USA?

From what I understand marrying a foreign national under visa waiver program and then adjusting status ALL in the USA is considered visa fraud and could complicate matters . If we went to Canada to get married then returned to the US and adjusted status would this be acceptable ? Marriage would... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 18, 2019

A consultation with a competent immigration attorney is advisable. An experienced immigration attorney can explain the various paths to permanent residency for your spouse that comport with the law, including immigrant visa consular processing or fiance(e) visa processing. Again, considering... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: I'm a Daca recipient, can I travel abroad for studies?
Kevin D. Slattery
Kevin D. Slattery
answered on Mar 12, 2019

You should consult with a competent immigration attorney who can can analyze the particular facts of your situation. Generally speaking, U.S. Citizenship & Immigration Services is no longer granting "advance parole" travel documents to DACA beneficiaries such that they could reenter... View More

2 Answers | Asked in Immigration Law for Florida on
Q: Does your American spouse have to submit taxes of the last year or of the last 3 years when applying for my residence?

Hi, My husband sent the application form I- 130 like 7 months ago, (we got married 8 months ago at the end of June 2018) I was wondering how long does it usually take to get approved? I checked my status online and it is still in process....one It gets approved, how long does it take to have a SSN?... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Feb 27, 2019

The answers to some of your questions are case specific. You may wish to consider scheduling a consultation with a competent immigration attorney. Bring with you to your consultation your questions as well as copies of documents you filed with USCIS. Speaking generally, processing times vary by... View More

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2 Answers | Asked in Criminal Law and Immigration Law for Florida on
Q: If my dad was arrested under criminal charges, what are the chances of having to go in front of an immigration lawyer?

My dad hasn’t ever been arrested before. He was set up by people and now we are stuck in a case that should not be happening in the first place. I have a criminal attorney but I need to know if I will need an immigration attorney as well.

Kevin D. Slattery
Kevin D. Slattery
answered on Feb 20, 2019

If your father is undocumented, in any type of lawful nonimmigrant status, or even a U.S. Legal Permanent Resident and is facing a pending criminal charge, it is advisable that he consult with a competent immigration attorney who can advise him (and possibly also his criminal defense attorney if... View More

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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
Kevin D. Slattery
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... View 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... View More

Kevin D. Slattery
Kevin D. Slattery
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... View 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... View More

Kevin D. Slattery
Kevin D. Slattery
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... View 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
Kevin D. Slattery
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... View 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... View More

Kevin D. Slattery
Kevin D. Slattery
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.... View 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
Kevin D. Slattery
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... View 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
Kevin D. Slattery
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... View 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... View More

Kevin D. Slattery
Kevin D. Slattery
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... View 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
Kevin D. Slattery
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... View More

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