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Questions Answered by Kevin D. Slattery
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
Kevin D. Slattery
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... View 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 American.

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

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

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2 Answers | Asked in Immigration Law for Florida on
Q: Good afternoon if my I-94 and my passport was stolen and I am in the process of putting in my paperwork what should I do

I can't find my I-94 online because I've been here over 5 years and I don't know if that's the reason why I can't see it come up in the system I want to know if I can put in my paper Works without it are I have to pay the full amount to get it back

Kevin D. Slattery
Kevin D. Slattery
answered on May 9, 2018

First, I would recommend that you file a police report. Second, to obtain proof of your lawful inspection and admission, you can try two things. To get a replacement I-94 card, you can file with U.S. Citizenship & Immigration Services a Form I-102, Application for Replacement/Initial... View More

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4 Answers | Asked in Divorce, Family Law and Immigration Law for Florida on
Q: My boyfriend is married in India but the relationship has been over for several years. Can we still marry here in US?

He is not legally divorce and a divorce would take about 2 years in India.

Kevin D. Slattery
Kevin D. Slattery
answered on May 1, 2018

If your boyfriend meets the jurisdictional requirements for filing a divorce action here in the United States, then it may be easier for him to file for divorce here. He should speak with a competent family (divorce) law attorney. If by your question you wish to know whether you (assuming you are... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: How long does it take for a US citizen mother to file for her unmarried son over age 21?
Kevin D. Slattery
Kevin D. Slattery
answered on Apr 23, 2018

The answer to your question depends on a number of factors, including knowing the citizenship of the adult unmarried son. Each month the U.S. Department of State issues a document known as the Visa Bulletin, available here:... View More

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2 Answers | Asked in Contracts, Immigration Law and Entertainment / Sports for Florida on
Q: I'm a songwriter from the Netherlands that recently signed a music publishing contract with an American company.

Does that mean I can apply for a immigration visa?

Kevin D. Slattery
Kevin D. Slattery
answered on Apr 19, 2018

Depending on the level of your recognition in your field (music), you may qualify for, among other possibilities, an O-1 visa. You should schedule a consultation with a competent immigration attorney who can evaluate your credentials to see what immigration options may exist for you. For some... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: Mom had N400 denied due to being out of US twice for 8 months at year two and four of 5 year residency in US

Mom had N400 denied due to being out of US twice for 8 months at year two and four of 5 year residency in US for medical reasons .Additionally she did not understand the question about immediate relative (son) still being in US, and filling taxes and denied based on these answers which she gave... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Apr 18, 2018

Consider scheduling a consultation with a competent immigration attorney who can review the particular facts and discuss the possible arguments for an N-336 case in the privacy of his or her office. It may be worth it to file an N-336.

1 Answer | Asked in Immigration Law for Florida on
Q: My permanent resident dad left the US without passport. What are his legal options for returning?

My dad came to the US in 1959 and held permanent resident status until 2010 when he left the country without a passport. What are his legal options for returning?

Kevin D. Slattery
Kevin D. Slattery
answered on Apr 2, 2018

Additional facts are needed in order to know what your father's options may or may not be. When your father came to the United States in 1959, was he coming then as a permanent resident? Did he acquire permanent resident status at that time, or at a later date? Was he immigrating then with... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Next Step? Forums? Advice?

Hi,

I'm 21 and a canadian citizen in the US. What forms do I need to fill out to stay in America though I overstayed my stay by a year.

Could I just go to an interview and explain it was due me being involved in a domestic violent relationship during my pregnacy? We are... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 29, 2018

There seem to be several factors at play in your case that should likely be discussed in the context of a private consultation at an attorney's office. Given that you stated that you held previously a permanent resident card and were the victim of domestic violence, I would recommend that you... View More

2 Answers | Asked in Immigration Law for Florida on
Q: Spouse on Green card and my H1b expiring soon. Can i stay in USA as a dependent even though my h1b expires?

My spouse is on Greencard(we got married 2 weeks back). my h1b is in transition as i am changing employer. if for some reason my h1b didnt approve , can i stay as a depended in USA? or will i be out of status ? do i need to go back?

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 27, 2018

You and your spouse should schedule a consultation with a competent immigration attorney. Do you know if your spouse is yet eligible for naturalization? To the extent that you would overstay or violate the terms your H-1B status and try to pursue a green card through your marriage,... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: I have been living in the us for 8 years now and havent apply for a green card. Does that affect my immigration statues?
Kevin D. Slattery
Kevin D. Slattery
answered on Mar 28, 2018

Respectfully, your question is very vague and many additional facts need to be known. You should schedule a consultation with a competent and experienced immigration attorney. Bring with you to your appointment copies of any past immigration paperwork, including but not limited to... View More

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