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Florida Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Florida on
Q: Would filing for a K1 fiancé visa interfere with an existing I-130 that is stuck in inquiry date purgatory?

A friend of mine has been working on helping her girlfriend immigrate to the US for a while and currently her girlfriends mother in law has a pending I-130 they've been waiting on. The inquiry date for the case keeps getting pushed back 6 months to a year each time it approaches, so they... View More

James L. Arrasmith
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answered on May 12, 2024

Filing a K-1 fiancé(e) visa should not directly interfere with a pending I-130 petition, as they are separate processes. However, there are a few considerations to keep in mind:

1. Intent: The K-1 visa requires the couple to marry within 90 days of the foreign fiancé(e) entering the U.S....
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1 Answer | Asked in Immigration Law for Florida on
Q: Dependent child (13 years) H4 visa in person stamping without primary h1. The primary h1 has pending felony charge.

I am currently on h1 with a 3rd degree felony charge, currently bonded out with arraignment date on June 24. I had planned to travel to India on May 18 with in person visa dates on May 21 (vfs) & May 22 (in person). My son (age 13) was planning to join me for stamping. Now I am not planning to... View More

James L. Arrasmith
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answered on May 11, 2024

In this situation, it is generally recommended that your dependent child (13 years old on an H4 visa) does not travel for the in-person visa stamping without you, the primary H1B visa holder, especially given your pending felony charge. Here are a few reasons:

1. Visa issuance: The consular...
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1 Answer | Asked in Criminal Law and Immigration Law for Florida on
Q: Dependent child (13 years) H4 visa in person stamping without primary h1. The primary h1 has pending felony charge.

I am currently on h1 with a 3rd degree felony charge, currently bonded out with arraignment date on June 24. I had planned to travel to India on May 18 with in person visa dates on May 21 (vfs) & May 22 (in person). My son (age 13) was planning to join me for stamping. Now I am not planning to... View More

James L. Arrasmith
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answered on May 11, 2024

In this situation, it is advisable for your son not to travel for the H4 visa stamping at this time, given the complexity of your pending felony charge. Here are a few reasons why:

1. Dependent visa status: As your son is your dependent on the H4 visa, his visa status is tied to your H1B...
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2 Answers | Asked in Immigration Law for Florida on
Q: Is an EAD included in an i-360 form?

If I file a form i-360 by itself and I check the box “yes” for question 12 of Part 10 that states "I am currently residing in the United States and I request an Employment Authorization document". Would I still have to file an i-765 along with the i-360 to get an EAD or can the EAD be... View More

James L. Arrasmith
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answered on May 10, 2024

The Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, does not directly include an application for an Employment Authorization Document (EAD). Checking the box "yes" for question 12 of Part 10 on Form I-360 only indicates that you are requesting an EAD, but it does not... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: I have been married to my Brazilian wife for 6 years. I have had some health issues and cannot sponsor her

My income was not high enough. She has been at the same job for 5 years. What are our options without a sponsor?

James L. Arrasmith
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answered on Apr 29, 2024

Given that you've been married to your Brazilian wife for 6 years and she has been working at the same job for 5 years, you may have a few options for her to obtain legal status in the United States without a sponsor:

1. Employment-Based Green Card: If your wife's employer is...
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1 Answer | Asked in Criminal Law, Immigration Law and Elder Law for Florida on
Q: Sister is abusive. She is now harassing the caregiver for my father. Advice is appreciated. Thank you.

My sister is an abusive person and has mentally abused my elderly parents and also me for years. When we don't do what she wants, the abuse intensifies. She has been sending harassing texts to the caregiver I hired for my elderly father. Because the caregiver will not respond to her abuse... View More

James L. Arrasmith
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answered on Apr 26, 2024

I'm so sorry to hear about the abusive and harassing behavior from your sister. This sounds like an incredibly stressful and painful situation for you, your father, and his caregiver to be dealing with. A few thoughts and suggestions:

1. Document everything. Keep records and...
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1 Answer | Asked in Immigration Law for Florida on
Q: I have filed U4U I-134A petition for my father’s family over a year ago. No answer. What to do?
James L. Arrasmith
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answered on Apr 25, 2024

If you haven't received a response about your U4U I-134A petition for over a year, it's advisable to check the status of your application. You can do this through the official U.S. government immigration website where you submitted the application. Ensure you have your receipt number... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Canadian visa expired. Dad was suppose to file for me but passed away last year.
James L. Arrasmith
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answered on Apr 22, 2024

I'm so sorry to hear about the loss of your father. Dealing with an expired visa after losing a parent must be very difficult. Here are a few suggestions for how to handle your situation:

Contact Immigration, Refugees and Citizenship Canada (IRCC) immediately to explain the...
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3 Answers | Asked in Immigration Law for Florida on
Q: Question about I 485 approval

Hello I have received notice of i485 approve. But It mentioned I have to do biomatrics and photo again. I already did this step last year.

is that mean I got the green card?

and I didn’t had any interview but I got approved my 130 and I 485

Aisha Nanyanzi
Aisha Nanyanzi
answered on Apr 19, 2024

It is difficult to know what you received without looking at the document. An easy answer to your question is if USCIS asks you to do biometrics, you should show up to your appointment even if you previously did biometrics. It could be that they need to do redo your biometrics or that they issued... View More

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1 Answer | Asked in Immigration Law and Tax Law for Florida on
Q: Can an international student who is taking a summer break in their country work for a company in their country?

How does that apply when it comes to working for a US Company that does Business both in the US and Brazil? What about a company that does business just in Brazil? Both positions are unpaid

James L. Arrasmith
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answered on Apr 15, 2024

The ability of an international student to work in their home country during summer break depends on several factors, including the student's visa status, the laws of their home country, and the policies of the company they wish to work for.

Regarding your specific questions:...
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1 Answer | Asked in Civil Rights and Immigration Law for Florida on
Q: I'm in florida with a non immigrant visa, i cant get a carry permit in florida, can i persuit that through legal action?

Per florida law as a non immigrant i cant get a carry permit, i am here with an e2 visa and that excludes me from a carry permit in florida, can i try and get one through legal action? Florida also recognizes texas carry permit and in texas a non immigrant i can get a carry pemit.

James L. Arrasmith
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answered on Apr 8, 2024

I understand your frustration with not being able to obtain a concealed carry permit in Florida as a non-immigrant on an E-2 visa. However, pursuing legal action to try to change Florida's laws on this is unlikely to be successful. Here's some key information to consider:

-...
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1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Immigration Law for Florida on
Q: I rented an airplane outside of the flight school. Is this considered a Homeland Security Violation and criminal act?

I am a F-1 student in Florida working as a flight instructor in a flight school. The school canceled my i-20 saying i did a Homeland Security Violation for following reason.

It says on the contract that I cannot fly an airplane other than school’s plane but I rented an airplane to build... View More

James L. Arrasmith
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answered on Apr 5, 2024

This is a complex situation involving immigration law, flight school policies, and potential Homeland Security regulations. Based on the information provided, it's unclear whether renting an airplane outside of the flight school would be considered a direct violation of Homeland Security... View More

1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: Is there a way for me to leave my job and stay in the country to take care of my baby?

I am on an L1A visa and my husband L2A since Nov 2022. We had a baby Nov 2023 and bought a house also. I’m not able to work full time and take care of my baby.

James L. Arrasmith
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answered on Apr 3, 2024

As an L1A visa holder, your status is tied to your employment with the company that sponsored your visa. If you leave your job, your L1A status will no longer be valid, and consequently, your husband's L2A status will also be affected. However, there are a few potential options you can... View More

3 Answers | Asked in Immigration Law for Florida on
Q: I’m married to an i134 parole from nicaragua she’s already in the US do I have to file a i130 or an adjustment of status
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answered on Mar 20, 2024

If your spouse entered the U.S. with parole from Nicaragua, you need to understand the proper steps to ensure she can legally stay in the U.S. with you. Firstly, it's crucial to file Form I-130, Petition for Alien Relative. This form is necessary to establish the relationship between you and... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: How long i can stary abroad with i-797 Notice of action?

I got my conditional geen card back in 2021,

i filed I-751 petition to remove condition back in august 2023, and i got I-797 notice of action that extend period for 48 months while in process.

in the notice it says "if you think you will be outisde the united states for a year... View More

James L. Arrasmith
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answered on Mar 11, 2024

As a conditional green card holder, you are generally expected to maintain your permanent residence in the United States. However, the I-797 Notice of Action extending your conditional resident status for 48 months while your I-751 petition is being processed provides some flexibility.

The...
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1 Answer | Asked in Contracts and Immigration Law for Florida on
Q: Does the immigrant have to report large purchased such as buying a car to their Sponsor ?
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answered on Mar 7, 2024

When an immigrant is under a sponsorship agreement, their obligations primarily revolve around adhering to the terms set out in that agreement. Typically, these agreements are designed to ensure the immigrant does not become a public charge, meaning they won't rely on public funds for their... View More

2 Answers | Asked in Immigration Law, Family Law and Adoption for Florida on
Q: My nephew over stayed his ESTA visa by 8yrs. He is now 16yo, i want to adopt him. He’s been living with me for 4 years,

I have my residential lease from company listing him as joint resident with me. I am divorced. Can I adopt him so he can stay and continue his education?

James L. Arrasmith
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answered on Mar 4, 2024

Adopting your nephew, given his current situation of having overstayed his ESTA visa by a significant amount of time, involves navigating complex legal territory. It's crucial to understand that adoption laws vary by state and can be influenced by the specifics of the individual's... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: I have a deport but now I am married with USA citizen, can I get legalized or I have no more chances

Hello, I was in asylum for a long period of time and unfortunately it was a negative response, BIA dismisss it so practically I have a deportation order. That was in 2019. Not I am marrried since 2023 with American citizen , can I adjust my status yet?

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 1, 2024

Consult with a competent and experienced immigration attorney. A basic eligibility requirement for adjustment of status is that you were originally inspected and admitted OR paroled. If you entered without inspection, were placed in removal proceedings and now have an unexecuted order of removal,... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: Immigration Question: Can I see the immigration documents for my estranged wife without her consent? We are separated.

Divorce is pending. She is seeking to alienate and get sole custody.

James L. Arrasmith
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answered on Feb 22, 2024

Accessing someone's personal immigration documents without their consent is generally not permissible under U.S. law. Immigration records are considered private and are protected under privacy laws. Individuals have a right to privacy regarding their immigration status and related documents,... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: What all information and resources do i need for my boyfriend to visit me from out of country? Sweden to Florida

My boyfriend is originally from Pakistan currently living in Sweden from a business opportunity he wants to come visit me within the New Year but we do not know the steps or required information or anything we need to get him down here I would appreciate some advice and help starting from... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 21, 2024

If his passport is from one of the countries on the ESTA list like Sweden is, he can travel here on his passport without a visa for 90 days. If his passport is from Pakistan then he needs to obtain a visitor visa by applying at the US Consulate in Sweden. If he enters the US but then decides to get... View More

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