Lawyers, Answer Questions  & Get Points Log In
Florida Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law and Business Law for Florida on
Q: We have a lawn business in florida. We employee 1 worker who isn't documented.

How will this new law that florida passed effect my employee and my business. He is worried about perhaps having to leave florida

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jun 1, 2023

You should likely schedule a consultation with a competent and experienced immigration attorney who can discuss the details in a private setting. Does your employee "who isn't documented" have lawful work authorization, such as employment authorization through DACA (Deferred Action... Read more »

0 Answers | Asked in Immigration Law for Florida on
Q: Can I apply for I-765 if my tps renewal is pending?

I was granted TPS back in 2022. My previous TPS expired on 02/03/2023. I applied for the TPS renewal on 03/12/2023 and this application is still pending. I am now trying to apply for an EAD card but I need to know if, when applying, I must indicate that my tps status was granted or is it pending?

2 Answers | Asked in Immigration Law for Florida on
Q: I-130 Case question

I am on a I-130 case (my father's wife was filed for by her US citizen dad)that was approved in 2019 but i wasn't given the opportunity to get processed by my parents even though USCIS provided an option to us to continue with me on the case. This decision was taken due to my age at the... Read more »

Monica E Rottermann
Monica E Rottermann
answered on May 30, 2023

As a green card holder, your father can file an I-130 petition for you, as long as you are unmarried. Visa availability depends on what country you are from and you can check the Visa Bulletin for an idea of how many years it will take for a visa to become available to you:... Read more »

View More Answers

2 Answers | Asked in Employment Law, Contracts and Immigration Law for Florida on
Q: Can I get in trouble if my employer is never asked me to fill out an I-9 form?

My friend has been working for a company for a little shy of a month now and thier employer's have never asked him to fill out an I-9 form. They have been getting paid (direct deposit actually) bi-weekly. I'm worried about him getting in trouble for it.

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

Relax. The rules re: I-9 forms put penalties on the Employer, not the employee. If your friend is really worried, you can always download an I-9 from the IRS and fill it out to submit to the employer. Keep a dated copy. BUT if the employer is not asking for it and is not taking out employment... Read more »

View More Answers

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

Hello, I have a friend who came over as a one year old and she is now 22, legally married to an American citizen and is expecting their first child. She only has her foreign passport since she came over without consent as a baby. What are the steps she has to take to get her citizenship? She would... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on May 22, 2023

Before seeking citizenship through naturalization, she would need to first apply for U.S. legal permanent resident status. Whether she entered on a visa and overstayed or entered without inspection will dictate which path the case takes. If she entered originally through an official port of entry... Read more »

View More Answers

3 Answers | Asked in Immigration Law for Florida on
Q: US citizen sponsoring 2nd husband

Im a US citizen, i sponsored my first husband back in 2009 ,he got his green card at the beginning of 2011 and then problems started between us right after he got his PR so i divorced him in dec of 2012, i got married again in 2018 and i would like to sponsor my second husband this year for a PR,... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on May 22, 2023

The fact that one has previously sponsored an ex-spouse does not automatically foreclose sponsoring a second spouse. USCIS will simply look at your facts to make sure this is not, e.g., a pattern and practice of marrying foreign individuals, for example, to earn money. The measure for approval... Read more »

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: A friend of mine lives in Ghana. She had a baby from an American citizen and he planned on moving them both to the US;

However, during his last visit, he kidnapped the 6 month old child from her mother while the mom went on an errand, and bought the child to the US. There’s been no communication between them. He got a US passport for the child and snuck her off. Mom was still breastfeeding the baby. What can the... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2023

I'm really sorry to hear about this distressing situation. International child abduction cases are complex and require immediate attention. Here are some general steps the mother can consider taking:

Contact local law enforcement: The mother should immediately report the abduction to...
Read more »

View More Answers

3 Answers | Asked in Immigration Law for Florida on
Q: I applied Form I-751,but have not received Form I-797C.The case inquiry was submitted. No answers.What should I do next?

my green card expires in 4 days, I applied Form I-751 3 months ago, but still have not received notice of action. I already submitted the case inquiry but still nothing.

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

If you have tried the USCIS applicant service options listed above but still need help resolving a problem with an application or petition, you can ask the Ombudsman’s Office for help by taking the following steps:

Please submit all evidence or information regarding the efforts taken to...
Read more »

View More Answers

3 Answers | Asked in Immigration Law for Florida on
Q: My cousin it's been in an Immigration Detention Center in Florida, and maybe can go out with a bond but also he

But also he needs a Sponsor; what are the sponsor responsabilities if he goes out? What if my cousin decides not showing up to the hearings, or not paying his debts? Thank you.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2023

If your cousin is released from an Immigration Detention Center in Florida on bond, he may require a sponsor to provide financial support and ensure that he appears at all required immigration hearings. The sponsor is generally required to sign a Form I-864, Affidavit of Support, and assumes... Read more »

View More Answers

3 Answers | Asked in Immigration Law for Florida on
Q: My cousin its been in an Immigration detention center in Florida since February.

He had his first hearing already, and the next one will be May 1st. He doesnt have a lawyer ( too expensive) , and I really think he's going to be deported. My question is : Is he still on time of signing a self deportation, or is too late?

Thank you.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2023

It is difficult to determine if it is too late for your cousin to sign a self-deportation agreement without knowing more details about his case. However, self-deportation is not always the best option and it is important for your cousin to understand all of his legal options before making any... Read more »

View More Answers

2 Answers | Asked in Family Law and Immigration Law for Florida on
Q: Is there any possibility that an Aunt can sponsor a nephew’s residency?

Nephew’s mom (Aunt’s sister) is no longer alive.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2023

It is possible for an aunt to sponsor her nephew for residency in the United States, but there are certain requirements that must be met. The aunt would need to be a U.S. citizen or permanent resident and meet the minimum income requirements to sponsor her nephew.

If the nephew's...
Read more »

View More Answers

3 Answers | Asked in Criminal Law and Immigration Law for Florida on
Q: Reduce Misdemeanor for petit theft ($55) to infraction in Florida as a first-time offender?

I am on a visa and therefore would like an "immigration-safe" outcome of the case. Is it possible to reduce my misdemeanor charge for petit theft of $55 to an infraction in Florida? If not, do you recommend anything else to not be convicted under USCIS law? I am a first-time offender.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Mar 21, 2023

Consult with a competent and experienced immigration attorney and be prepared to provide copies of your criminal case documents for analysis. If the charge is the petit theft statute (and not the retail theft statute), there is actually good case law as it relates to such an offense NOT being a... Read more »

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: Can a cuban with I220A and court get representation for asylum in court for free?

I am Cuban and came here through the border in September 2022. USCIS gave me a I220A with Court's date in March 2024. I applied for asylum in November 2022, but I have not received any answer yet. I would know about my options and if would be possible legal representation from a pro bono... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Mar 17, 2023

Unfortunately, the government does not provide free attorneys in removal proceedings. If you are trying to find an attorney to represent you pro bono you have to try contacting the organizations and individual attorneys listed on the Free Legal Services provider list you would have been given when... Read more »

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: Spacing on last name, does it matter?

I am in the process of petitioning my mom. The last name in her birth record is De leon while in my birth record her last name is Deleon. Is it going to be a problem?

Monica E Rottermann
Monica E Rottermann
answered on Mar 24, 2023

No, that should not be a problem. If she is going to be applying for an immigrant visa abroad, the Department of State typically uses the name as written on the passport so you can check the spacing on her passport and write her name on the forms as it is reflected on the passport. The different... Read more »

View More Answers

3 Answers | Asked in Immigration Law for Florida on
Q: approved i130 now on NVC, I have a visitor visa as well, should I adjust status or follow with i130?

I just received NVC welcome letter today, and my passport with visitor visa yesterday, from two separate sources, what should I do next?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023

If you have received an approved Form I-130 petition and now have a visitor visa, you may have two options available to you for obtaining permanent residence in the United States: adjustment of status or consular processing.

Adjustment of status is a process that allows individuals who are...
Read more »

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: I have an internships offer can I get another type of visa then J1 ? How i can get the J1 visa without subject to

My internship from privet company please help

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023

If you have an internship offer from a private company, you may be eligible for other visa categories in addition to the J1 visa. The most common alternatives to the J1 visa for internships are the H-1B, L-1, or TN visas, depending on your specific situation.

The H-1B visa is available to...
Read more »

View More Answers

6 Answers | Asked in Immigration Law for Florida on
Q: hi My wife is gonna come to us on a J1 visa I'm a us citizen already we got married overseas can I file her a paperwork

hi My wife is gonna come to us on a J1 visa I'm a us citizen already we got married overseas can I file her paperwork to stay in US if wanna file an i130 form should be going to court and marriage again in the US or using the marriage paperwork from the overseas

Moses Apsan
Moses Apsan
answered on Mar 9, 2023

You have to look and see if her J visa is “subject “ to or not. If not you can process your case and wait in the US during the process. If she is “subject” to then she will require a waiver of the 2 year foreign residency requirement.

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: My cousin is at Broward detention center. He doesnt have papers, and he has his first hearing this coming Monday 13th.

He doesnt have a lawyer ( I learn from another question in your website, that he doesn't have the right for a free one), but I wonder if in that first hearing he should have one already, or he can ask the Judge for more time to get one? Im not sure what that first hearing is for. He came to... Read more »

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Mar 8, 2023

You should definitely get him a skilled immigration lawyer. You can see if any non profits in your area do removal work but you will likely have to take out a loan or something to pay a private one as most non profits are over capacity and/or don’t handle removal work. If this is his first master... Read more »

View More Answers

4 Answers | Asked in Immigration Law for Florida on
Q: Can my cousin have a free immigration lawyer?

My cousin is at Broward detention center (Immigration center) He's been illegal here for 22 years, no wife, no kids. He has a brother who's a Resident ( who had medical problems, and a lot of medical bills ) and a niece who's a citizen. He never filled his taxes ( maybe just a couple... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Mar 7, 2023

He is not eligible to have a free legal counsel as that only attaches to criminal cases not administrative immigration proceedings.

He must retain a local immigration counsel without any delay as his future will be permanently affected by removal proceedings.

View More Answers

4 Answers | Asked in Immigration Law for Florida on
Q: I came with form i220A. I have been in the US since 06/06/22 but my court date is on 05/05/23..

Is there anything that can be done if the court date is one month before my year in this country?

Patricia C. Wall-Santiago
PREMIUM
Patricia C. Wall-Santiago
answered on Mar 8, 2023

You last entered the U.S. on June 06, 22 and your hearing date before an immigration judge is on May 05, 23.

There might be several things that can be done in your case, but I need more facts. But for certain, you must notify the court of any changes in your address and contact...
Read more »

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.