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Florida Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Florida on
Q: Can the UHP Person buy the gun?

Can I buy the gun for hunting If i came to US by Ukrainian Humanitarian Parole and I am resident of Florida and have a hunting license?

James L. Arrasmith
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answered on Jul 18, 2024

As a Ukrainian Humanitarian Parolee (UHP) residing in Florida, your eligibility to purchase a firearm for hunting purposes is subject to both federal and state regulations. Under federal law, non-immigrant visa holders are generally prohibited from purchasing firearms, but there are exceptions,... View More

2 Answers | Asked in Immigration Law for Florida on
Q: For form I-485(with I-130, child over 21 US citizen)the waiver for overstay visa should be sent together or on demand?

Should you send the waiver with all the other forms right from the get go, or send your forms and see if they ask for the waiver?

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 9, 2024

If the sponsor is a US Citizen child over 21 and you’re sponsoring a parent, you do not need a waiver for mom or dads overstay. Are you sponsoring your mom or dad?

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1 Answer | Asked in Immigration Law for Florida on
Q: In 1999 I adopted my daughter while living in Costa Rica. Two years later we moved back to U.S.

I didn't realize I had to go through the whole immigration process. She went back to Costa Rica to live with her father for a while when she was 10 and he never let her come back. She now is 29 and would very much like to become a US citizen. How can I help her accomplish that? I am a US... View More

James L. Arrasmith
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answered on Jul 18, 2024

You can help your daughter by applying for her to become a lawful permanent resident (LPR) through family sponsorship. As a U.S. citizen, you can file Form I-130, Petition for Alien Relative, on her behalf. This form establishes your relationship and starts the process for her to obtain a visa... View More

2 Answers | Asked in Immigration Law for Florida on
Q: HOW LONG WE HAVE TO WAIT TO GET MARRIED WITH A TOURIST VISA?

I am a US citizen living in Florida and my fiancee has just began living with me, she entered the country a month ago with a tourist visa, can we get married shortly after she entered the country or we have to wait 60-90 before doing the marriage ceremony? she wants to do the change of status here... View More

James L. Arrasmith
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answered on Jun 29, 2024

You can get married as soon as you'd like after your fiancée enters the country on a tourist visa. There is no legal requirement to wait 60-90 days before getting married. However, it's important to consider the intent behind her entry into the US. If it appears that she entered with the... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: I’m international student who is currently in the US . My F-1 VISA expired.

I just graduated from high school this May and also got a new I-20 from my university. However, due to personal reasons, I want to transfer to another college even though I have not attended my previous college yet. So do I need to depart the US at this time?

James L. Arrasmith
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answered on Jun 27, 2024

Here are some key points to consider:

1. Visa vs. Status: Your F-1 visa expiration date is different from your F-1 status. You can remain in the U.S. with an expired visa as long as your status is still valid.

2. I-20 and Status: Your new I-20 from the university you were planning...
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1 Answer | Asked in Immigration Law for Florida on
Q: What can someone do if they have multiple CIMTs on their record, if they have a pending removal proceedings in EOIR

My relative has two 1st degree misdemeanor retail theft on his record. And a misdemeanor for driving without license.( he got into an accident and had his intl. license and he didn’t know it was only valid for certain time and the cop wrote him driving without license and driving with suspended... View More

James L. Arrasmith
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answered on Jun 27, 2024

Based on the information provided, this is a complex immigration case with several potential issues. Here's an analysis of the situation and some possible approaches:

1. Multiple Crimes Involving Moral Turpitude (CIMTs):

The two retail theft convictions are likely to be...
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2 Answers | Asked in Immigration Law for Florida on
Q: Hi there When I send the EOIR 33 one 4court which is located on 333 S Miami Ave, Miami the 2nd copy goes to whom thanks

So when I send a form of EOIR 33 one to the EOIR court which 333 S miami Suite 200

Can someone please tell me the second copy goes to who and what’s the address and should I put the address in the area where it says to office of the principal legal advisor for DHS immigration that means a... View More

Kevin L Dixler
Kevin L Dixler
answered on Jun 22, 2024

You can go to www.ice.gov to try to obtain the address for the Office of the Principal Legal Advisor. You can try to call and ask the Immigration Court in Miami for the information.

Representing yourself in an immigration matter is very risky. It is highly unlikely that you will get a...
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1 Answer | Asked in Immigration Law for Florida on
Q: Changed my B1/B2 to F1 inside the US, plz how can I get travel document to travel to my country, no consulate there now

My B1/B2 is still valid, can I still use it to re-enter? I have Canadian visa too can I fill out the DS-160 here and schedule an appointment in Canada us consulate? Can I travel with my I-797A to Canada and re-enter to the Usa?

James L. Arrasmith
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answered on Jun 21, 2024

To address your situation, here's what you need to know:

1. Travel Document: As an F-1 student, you don't need a separate travel document. Your primary travel documents are:

- Valid passport

- Valid F-1 visa

- Current I-20 form signed for travel

2....
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1 Answer | Asked in Immigration Law for Florida on
Q: My wife's I-130 petition was approved but I failed to file separate petitions for her under 14 age children.

I am an American Citizen. My wife and her 2 children are Ugandans. My wife's I-130 petition was approved, but when completing her Visa Application for the NVC we discovered I-130 petitions were needed for the children even though I listed the children on my wife's petition. I could submit... View More

James L. Arrasmith
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answered on Jun 19, 2024

I understand your concern about wanting your wife's children to be able to travel with her when her visa is approved. Here are a few thoughts on your situation:

Unfortunately, you are correct that separate I-130 petitions need to be filed for each beneficiary, including children....
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1 Answer | Asked in Immigration Law for Florida on
Q: I am an asylee granted by EOIR and currently filing for GC. Do I fill Part 2?

Is my family considered derivative applicant or principals since their names are in the Asylum grant order. What do I write in the receipt number?

James L. Arrasmith
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answered on Jun 19, 2024

Here are some thoughts on your questions:

Part 2 of Form I-485 (Application to Register Permanent Residence or Adjust Status) is for applicants filing under the "Special Immigrant" category. As an asylee, you should not fill out Part 2. Instead, you should complete Part 1...
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2 Answers | Asked in Immigration Law for Florida on
Q: Designated Representative for N-648 case

My sister is a lawful permanent resident who has Down syndrome. I am currently in the process of submitting the N-400 application for Naturalization on her behalf. We have obtained the signed N-648 form from her physician. My mother, who serves as my sister's primary caregiver, is willing to... View More

James L. Arrasmith
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answered on Jun 13, 2024

In the case of your sister with Down syndrome applying for U.S. citizenship via Form N-400 and requiring a Designated Representative, here are a few key points:

1. Citizenship status of the representative: The Designated Representative does not necessarily need to be a U.S. citizen. A...
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1 Answer | Asked in Immigration Law for Florida on
Q: Immigration bond violation

Was released on bond from ICE with conditions - no further arrest. Got arrested for misdemeanor and plead no contest. Have a pending I130 and I485. Will there be a problem during the interview? Or they just keep the bond money? What’s the best and worst case outcomes?

James L. Arrasmith
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answered on Jun 6, 2024

I understand this is a stressful and concerning situation. While I can provide some general information, please note that for the most accurate and personalized advice, it's best to consult with an experienced immigration attorney who can review the specifics of your case.

Best case...
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1 Answer | Asked in Immigration Law for Florida on
Q: Naturalization with misdemeanor record?

Had two petty theft first degree misdemeanors, first case was given differed prosecution, the second was one case of three counts, plead no contest to one count, DA agreed to drop or withhold the other two ( not sure if it was withheld or dropped coz the attorney handled it and recommended to take... View More

James L. Arrasmith
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answered on Jun 6, 2024

Based on the information provided, your situation is complex, and the outcome of your naturalization application may depend on several factors. Here are a few points to consider:

1. Generally, having a criminal record can make the naturalization process more challenging. However, the...
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3 Answers | Asked in Immigration Law for Florida on
Q: My current visa expired and I am applying via a close relative for immigration, is it easier for me to apply in th US?

Would applying for change of status in the US -or- travel back and apply from Canada be the best alternative; related to fees, timing, chances of approval, etc. ?

Kevin D. Slattery
Kevin D. Slattery
answered on Jun 3, 2024

Consult with a competent and experienced immigration lawyer. If you have overstayed your status and are not the "immediate relative" of the petitioner in question ("immediate relative" being defined as "spouse of U.S. Citizen", "minor child of U.S. citizen"... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: Am I elegible for an extension of my EAD?

I have a current EAD under asylum pending category, I applied to renew it under TPS category, I wanna know if I’m elegible for an extension or if I have to reapply again but under the asylum category

James L. Arrasmith
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answered on Jun 4, 2024

Based on the information you provided, it seems that you currently have an Employment Authorization Document (EAD) based on a pending asylum application. You also mentioned that you applied to renew your EAD under the Temporary Protected Status (TPS) category. To determine your eligibility for an... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: Can I file the AOS with USCIS if it has already been filed with EOIR, while in removal proceeding?

Entered US after inspection on M1, went out of status, got married to USC before receiving NTA, shortly after marriage was detained by CBP and later was released on bond, filed the I130 after being released, and later hired an attorney and they filed the I485 with the EOIR. The I130 and I485 was... View More

James L. Arrasmith
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answered on Jun 3, 2024

If you are in removal proceedings and your attorney has already filed the Adjustment of Status (AOS) with the Executive Office for Immigration Review (EOIR), it cannot be filed again with USCIS simultaneously. Typically, once in removal proceedings, jurisdiction over the AOS application transfers... View More

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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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