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Florida Immigration Law Questions & Answers
0 Answers | Asked in Criminal Law, Divorce, Family Law and Immigration Law for Florida on
Q: What to do about immigrant marrying me and not telling me she was here illegally?

We married in late 2018 and was told by her very recently she had overstayed visa and was here illegally. She used me to get temporary green card by convincing me to have numerous pictures taken showing our happiness, and my co-signing everything from condo ownership to car lease and all bills in... Read more »

1 Answer | Asked in Divorce, Child Custody and Immigration Law for Florida on
Q: I’m here from Haiti on a Visa and am awaiting on my green card document. I want to divorce my husband still in Haiti.

He still lives in Haiti and does not want the divorce because I’m the sole provider for us and our daughters and he doesn’t want to work.

Rand Scott Lieber
Rand Scott Lieber answered on May 4, 2022

If you meet the residency requirements (lived in Florida for six months as your permanent home) then you can file for divorce in Florida. If the child is living in Florida then those issues will be addressed in Florida. If the child still lives in Haiti then Florida would not have jurisdiction to... Read more »

0 Answers | Asked in Immigration Law for Florida on
Q: Should I file a motion to reopen my case after I-53N, application to extend/ change Nonimmigrant status has been denied?

I am an E-2 visa holder, and my spouse is my dependent. In 2020, during the pandemic, we were unable to return to Canada to get our I-94 renewed. We visited CBP office at Tampa Airport and were told that they could not help us. Instead, recommend us to file form I-539 and not form I-129 as my e-2... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Hola,salí con I220A segunda casilla marcada con corte para el 2023,a quien debo pedir residencia a USCIS ò al juez?
Ileana M Rivera
Ileana M Rivera answered on Apr 25, 2022

Estimado(a). Los casos en la corte son muy delicados y es recomendable ver en detalle todosdocumentos de la corte antes de hacer una recomendacion. Si gusta podemos ofrecerle informacion en privado llamando a nuestra oficina. Terra Immigration Partners en Orlando, Florida.

0 Answers | Asked in Immigration Law for Florida on
Q: Which countries of the Americas accept a reentry permit to travel as a LPR without passport.

I just became a US Permanent Resident and I would like to travel for pleasure to other countries by sea, air, car, ect. My problem is that I can't get a passport from my home country Venezuela ( pretty hard task). I see that the Reentry Permit (Form I-131) is an option but i don't know... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: I-130 through marriage into widow petition, Does it convert automatically or I-360 has to be filled

My suppose passed away right before scheduled interview for adjustment status, I asked USCIS to reschedule the interview, then later sent them a copy of a death certificate (end of January), never heard back (it’s almost May now),

Last notice in my online account ‘we received the... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Apr 20, 2022

I am so sorry for your loss.

(1) Was a copy of a death certificate sufficient? Yes, unless USCIS expressly requests the original.

(2) Do I need to send a widow petition (Form I-360) along with a copy of the death certificate or is it converted automatically? It converts...
Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: How do I correct my Illinois birth certificate to obtain a passport

I am 72, my dad legally changed the family name in 1958. I have gone by my existing name since 1958. I need my name to match to apply for passport!

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 11, 2022

Assuming that your father went to court to change the family name (including yours) in 1958, you would need a certified copy of the court decree. Contact the clerk of that court. I don't know how they do things in Illinois, but normally you would not need to "correct" the birth... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: W. document do I need to apply to travel out the US as a Perm. Resident that cannot get a passport from his own country

I cannot get a Passport from my own country nor can travel outside to get it. I want to go to Mexico on a vacation,which Travel document can i apply to.

Kevin L Dixler
Kevin L Dixler answered on Apr 6, 2022

Don't make any plans to travel until you file and the USCIS actually issues a Re-Entry Permit. It can take a long time. That said, the better option is to try to file for naturalization provided that you qualify as a matter of law and are not otherwise disqualified. In these situations, I... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Just became Permanent res. cannot get a passport. Which travel doc do I need to appl to. (Ad parole, travel permit) thx

In any case, which countries accept that "travel Document"

Agnes Jury
Agnes Jury answered on Apr 6, 2022

If you are a permanent resident then you can travel internationally without the need for any other permit. You must have a valid passport from your country of origin and the valid green card at the time of travel. Best wishes!

4 Answers | Asked in Immigration Law for Florida on
Q: B1/B2 visa expired for me, my wife and my daughter. My son was born in the US. What are my options?

I have electrical engineering diploma from Brazil and have a job offer to work in the US -- but cannot work without proper working permit.

Kevin L Dixler
Kevin L Dixler answered on Apr 5, 2022

More information is needed. How long have you resided in the United States? When did your I-94 entry card expire? Have you retrieved it? If so, when does your I-94 expire? A visa is valid for 'entry' up until the time that it expires! We need to know more information to decide... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: If i was involved in a fraudulent marriage 10 years ago, no charges filed, he got deported then why are we still married

This happened over ten years ago. I ended up telling the truth during the immigration meeting and he ended up getting deported shortly after. I'm just wondering why we are still married if it was deemed a fraudulent marriage?

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Mar 25, 2022

For the purposes of immigration it was deemed fraudulent. You have to take steps to divorce him so that the marriage ends and you can remarry, say you are divorced and single and so on. Talk to an attorney.

1 Answer | Asked in Criminal Law, Immigration Law, Real Estate Law and Constitutional Law for Florida on
Q: Is it right to arrest a person on a boat with foreigners and bring them into the country and charge him for smuggling?

And charge him for illegal entry when he was brought into the country? What happens to his boat while he is being charged? How can he acquire the boat back?

Michael  Mayoral
Michael Mayoral answered on Mar 16, 2022

Potentially yes. Hire a criminal defense attorney who handles federal charges/crimes.

1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: Can a work visa from the Philippines be transferred to a live in nanny/caregiver visa and granted to a family?

Philippine resident is here on work visa (with the public school system) that is due for renewal in August. We would like to hire this person as a live in nanny/caregiver as well as educational support for our son who is 3 and gifted, there is not an easy solution for his education at this time. We... Read more »

Agnes Jury
Agnes Jury answered on Mar 15, 2022

It depends on what visa she is here on now. This is a type of question that is best addressed through a consultation with an experienced employment immigration attorney. You can find one here at Justia, Avvo.com or AILA.org. Best wishes!

2 Answers | Asked in Immigration Law for Florida on
Q: Hi! I am originally from Russia. Came to USA in 2009 with J1 visa.

During all this time I was out of status. My ex boyfriend had DACA at that time. We we hoping to get married but everything went bad and we separated because he started getting aggressive. Since i was out if status i was planning to go back to Russia with my daughter, but now it is not safe there... Read more »

Samuil Buschkin
Samuil Buschkin answered on Mar 14, 2022

Hi. Your situation sounds too complex to discuss on a blog. It will definitely require an analysis that you want to do in private with an immigration attorney. The biggest problem that I see is the apparent 'unlawful presence' after the expiration of your J1 visa. You need to speak to an attorney.

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1 Answer | Asked in Immigration Law for Florida on
Q: As a Uber driver do they look at gross or net?

What Uber reports and what I make is two separate things. I made 21k and it was filed as if I only made 1838 after deductions. No where near the poverty limit. What should I do? Will I be able to help my wife ?

Kevin L Dixler
Kevin L Dixler answered on Mar 1, 2022

It seems like you will need a joint sponsor, where you cannot prove that you earned 125% of the HHS Poverty for the year that you filed within. If you are confused, consider seeking legal help from an experienced immigration attorney or not for profit legal organization that provides immigration... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Interfile to EB2 or wait in EB3?

I am from India I have a priority date of EB2 Nov 29th 2011. I downgraded and filed my Concurrent AOS application ( I485+ I140) in August 2021 in EB3 category. My I140 in EB3 was approved in October of 2021. My application was in Texas Service Center and Texas service center is very slow and... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Feb 21, 2022

You have an investment visa, that means that you have to create and submit legitimate sufficient financial means or funds to qualify for such. Any of such investment Visa require a licensed attorney to submit review and file everything correctly. You would be in the best position to seek an... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I applied for a return visa to france on the 5th of november, it has been almost 3 months and nothing, can I sue them?

I am a moroccan student who studies in france through a staying permit and came to the US as an exchange student. I lost my wallet including my staying permit in the united states. So I applied for a visa to go back to france on the 5th of november. My us visa ended on the 17th of december and I... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 23, 2022

It is unfortunate, but losing visa documents can prove devastating. It seems that you have chosen not to leave, so you have fallen out of status. The longer that you stay, the less likely that you will be able to return. Your U.S. visa may be eventually be canceled or revoked.

Given,...
Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Green Card through Parent? How do I go about this?

Hello,

I am a DACA recipient and an adult (21+) child of a Green Card holder.

What's the most efficient and low-cost way for me to get permanent residence?

I have read about the forms I-130 or I-485, but I am not sure which one I would apply to first, etc. I also... Read more »

Ana S. Mendieta
Ana S. Mendieta answered on Jan 16, 2022

Dear DACA recipient,

May I firstly assume you are an 'unmarried' son or daughter of a Permanent Resident.

For purposes of definitions, you are not a child; you are a son or daughter, because you are 21 years old or older.

You are a DACA recipient, meaning you...
Read more »

3 Answers | Asked in Immigration Law for Florida on
Q: I am a foreign National currently in the US, in process of getting a F1 visa and I married a permanent resident

With a DUI, Can he sponsor me for a spouse visa?

Adan Vega
Adan Vega answered on Jan 14, 2022

If you are married to a lawful permanent resident then the FORM I-130/I-130A can be filed with USCIS by the permanent resident spouse. The FORM I-485 can also be filed with USCIS if the Visa Bulletin ( See the USCIS website) indicates that a visa is available at the time of filing. You should... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Can me and my get married? we don’t know if it will affect his immigration status he has a visa and is working on citiz

He has a resident visa

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Jan 7, 2022

Your question is a little unclear. What kind of visa does he have? It might be best to have a detailed discussion with an Attorney. You can use the Justia directory to find one. Good luck.

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