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Florida Immigration Law Questions & Answers
Q: How does an open misdemeanor case affect OPT biometrics?
My girlfriend, currently on an F-1 visa and having applied for OPT, was arrested on June 14, 2025, for a misdemeanor charge of battery (dating violence) due to a minor argument between us. I, as the alleged victim, have informed the State Attorney’s Office that no harm or intent was involved, and... View More 
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James L. Arrasmith
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answered on Jul 10, 2025
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answered on Jul 10, 2025
This is a delicate situation, and you're right to be thinking carefully about timing and appearances. An open misdemeanor case, especially involving violence—even if minor—can raise concerns during USCIS background checks. The biometrics appointment is mainly for fingerprinting and... View More
Q: Seeking affordable lawyer for R-1 visa process with non-profit in Florida.
I’m planning to apply for an R‑1 visa with a small Christian non-profit organization in the U.S., which has never filed an R-1 petition before. I meet all the personal requirements, and the organization should qualify as an R-1 sponsor. We are seeking advice on how to start the application... View More
Carlo Franco L. Borja
answered on Jul 7, 2025
answered on Jul 7, 2025
Reach out directly to your preferred immigration attorney in private to get a price quote as this is a public forum
Q: How should I address employment status changes due to TPS cancellation and lack of notice?
I am an immigrant who came legally as a CHNV humanitarian parolee and recently obtained TPS. I started working as a Patient Care Tech at a clinic in Tampa on June 23, 2025, after completing all pre-employment procedures. On June 28, I learned that my TPS was canceled, effective September 3rd. My... View More
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James L. Arrasmith
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answered on Jun 30, 2025
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answered on Jun 30, 2025
Begin by requesting a meeting or private conversation with your supervisor or HR representative. Be honest, respectful, and calm. Explain that you were granted Temporary Protected Status (TPS) after entering on humanitarian parole, and you recently learned that TPS has been canceled effective... View More
Q: Concern about K-1 visa approval for young couple with limited meeting time.
I am a 19-year-old U.S. citizen trying to bring my 19-year-old Filipino girlfriend to the U.S. on a fiancé visa (K-1). We have been together for three years, communicate daily, and meet all requirements. However, we have only met once for about a week. I am concerned that our age and limited... View More
Linda Liang
answered on Jun 29, 2025
answered on Jun 29, 2025
A brief meeting before a decision to get married is indeed a red flag. My suggestion is to seek the assistance of an attorney in preparing the package, or even to have them represent you, because it takes organization of supporting documents and the proper presentation to be persuasive. Remember,... View More
Q: Can I apply for U.S. citizenship with a 1983 assault conviction and current Green Card status?
I have a conviction for first-degree assault from 1983, for which I served one year and six months in prison. Since then, I've had no other convictions except for a misdemeanor. I'm currently a Green Card holder and I want to apply for U.S. citizenship. Am I eligible to apply given my... View More
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James L. Arrasmith
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answered on Jun 29, 2025
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answered on Jun 29, 2025
You can apply for naturalization because your first-degree assault conviction occurred in 1983, before the November 29, 1990 threshold that permanently bars applicants for aggravated felonies. Under USCIS policy, an offense that carries a one-year or longer prison term qualifies as an aggravated... View More
Q: Will my car registration remain valid if my driver's license expires in Florida?
I'm currently waiting for a new work authorization from USCIS. My driver's license will expire in one month, and I plan to renew it as soon as possible. Meanwhile, I'm looking to register my car this Tuesday in Florida. If my driver's license expires while waiting, will my... View More
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James L. Arrasmith
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answered on Jun 20, 2025
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answered on Jun 20, 2025
Yes, your car registration will remain valid even if your Florida driver’s license expires, as long as the registration was properly completed and paid for before the expiration of your license. Florida law does not automatically void vehicle registration simply because a driver’s license... View More
Q: How to request sole custody in FL to renew children's passports?
I need to renew my children's passports (ages 7 and 13) while residing in Miami, Florida. I was never married to their father, who lives abroad and rarely contacts us. There has been no court order for custody, and I want to request sole custody to facilitate passport applications. What legal... View More
Rand Scott Lieber
answered on Jun 17, 2025
answered on Jun 17, 2025
You do not mention whether the father is listed on the birth certificate. If he is not then you are in full control. If he is listed then you can try to apply for the passports and explain that you cannot locate the father. Last resort, you can apply to the court for a court order. It would be a... View More
Q: Can I buy a gun in FL with EAD, state ID, and hunting license while waiting on asylum?
Can I buy a gun in Florida with my Employment Authorization Document (EAD), state ID, and hunting license for hunting purposes? I am currently waiting on my asylum case and was admitted under a B2 visa. I have some friends who want to take me hunting. Does my residency status affect my ability to... View More
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James L. Arrasmith
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answered on Jun 17, 2025
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answered on Jun 17, 2025
If you are currently in the United States on a B2 visa and have an asylum application pending, your immigration status may still disqualify you from purchasing or possessing a firearm under federal law. Federal regulations prohibit firearm possession by individuals who are in the country unlawfully... View More
Q: Can I buy a gun in Florida with an EAD, ID card, and hunting license while my asylum is pending?
I am currently waiting on my asylum decision, but I have an Employment Authorization Document (EAD), a Florida state ID card, and a valid hunting license. Can I legally purchase a gun in Florida for hunting purposes?
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James L. Arrasmith
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answered on Jun 17, 2025
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answered on Jun 17, 2025
No, you cannot legally purchase a firearm in Florida while your asylum application is pending, even if you possess an Employment Authorization Document (EAD), a Florida state ID, and a valid hunting license.
Under federal law, individuals who are unlawfully present in the United States are... View More
Q: Can I return to Columbia after overstaying tourist visa and come back legally to the U.S., and what is the timeline?
I've overstayed my tourist visa in the United States by 10 years. My children were born here, and my mother, who is legally in the U.S., has also moved from Columbia. I haven't started any immigration processes yet. Can I return to Columbia and then come back legally, and if so, how long... View More
Kevin D. Slattery
answered on Jun 13, 2025
answered on Jun 13, 2025
Consider scheduling a consultation with a competent and experienced immigration attorney who can evaluate all of your options. As another colleague already noted for you in his response, departing the United States will trigger a 10-year bar to reentry. Depending on the ages of your children, you... View More
Q: Concerns about residency and divorce when returning to Argentina from Florida.
I am currently separated from my spouse, a permanent resident of the United States, and my residency application is in progress. I have a driver's license, work permit, Social Security number, and travel permit. I plan to return to Argentina early next month.
I haven't filed for... View More
Kunal Mirchandani
answered on Jun 12, 2025
answered on Jun 12, 2025
You’ve raised several important issues, and I’ll address them in parts:
1. Returning to Argentina and Immigration Status:
If your spouse withdraws the petition supporting your U.S. residency while you are outside the country, it could jeopardize your pending adjustment of... View More
Q: F1 student charged with misdemeanor for selling beer without ID check
I'm an F1 student who unintentionally sold beer to a police officer disguised at a bar without asking for ID, which resulted in being charged with a misdemeanor. This was my first offense, and I am now facing a court hearing. Could this affect my F1 visa status, and might it have any... View More
Kevin D. Slattery
answered on Jun 12, 2025
answered on Jun 12, 2025
The short answer to your question is that it may negatively affect your immigration status, perhaps less so because of the nature of the offense and more so because you may have been working while in F-1 status without the authorization to do so. Violation of the terms of one's F-1 status... View More
Q: Can a stepdad file an I-130 if K1 marriage didn't happen?
I entered the U.S. on a K1 visa with my children, but my fiancé and I separated before marrying within the 90-day period. We currently live with my stepdad, who is a U.S. citizen, and he wants to petition for me using an I-130. Can my stepdad file an I-130 petition for me under these circumstances?
Stephen Arnold Black
answered on Jun 11, 2025
answered on Jun 11, 2025
You should discuss this case with an attorney in a private phone call. This is not something that can be answered in a short question and answer session.
Q: Can I delay my PR (NIW EB-2) migrant interview for one year at an embassy abroad due to my job?
I am awaiting a PR (NIW EB-2) migrant interview at an abroad embassy but wish to put this process on hold for one year because I currently have a great job at home. Is it possible to delay this process for a year?
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James L. Arrasmith
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answered on Jun 11, 2025
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answered on Jun 11, 2025
You're in a unique situation, and it makes sense that you'd want to hold onto a job you value while still keeping your long-term immigration plans open. When it comes to the EB-2 NIW process through consular processing, there is some flexibility, but it has limits. Once you're... View More
Q: How can an asylum immigrant gain legal status after marrying a U.S. citizen?
I am seeking guidance on how an immigrant who has been in the United States for over three years with an asylum status can obtain legal status after marrying a U.S. citizen. There is no criminal record involved. What steps should be taken?
Stephen Arnold Black
answered on Jun 3, 2025
answered on Jun 3, 2025
You can file to adjust your status after marriage to a US citizen, and all the paperwork can be handled inside the United States without you returning to your native country. Consider working with an immigration attorney on a reasonable flat fee basis so that your case can be handled from start to... View More
Q: Legal reasoning for overturning Trump's student ban.
What was the legal reasoning behind the Supreme Court's decision to overturn Trump's ban on international students from attending or studying, particularly at institutions like Harvard?
Linda Liang
answered on Jun 2, 2025
answered on Jun 2, 2025
There is no report that the Supreme Court has issued an order overturning Trump's ban on Harvard's ability to enroll international students. District Judge Allison D. Burroughs granted Harvard’s Motion for a temporary restraining order.
A temporary restraining order (TRO) is a... View More
Q: How can I preserve my H-1B status after employment termination on F-1 OPT?
I am currently on an F-1 OPT, which expires on September 1, 2025. My H-1B was selected in this year's lottery but won't take effect until October. Unfortunately, my employment was terminated, and although my employer has not withdrawn the petition, they've denied my request for a... View More
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James L. Arrasmith
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answered on May 30, 2025
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answered on May 30, 2025
Your F-1 OPT remains valid through September 1, 2025, so after being laid off you can stay in the U.S. as long as you don’t exceed the 90-day unemployment limit and you keep your SEVIS record updated. Because your H-1B petition was filed on time, you also benefit from the cap-gap extension, which... View More
Q: How to apply for I-765 for derivative child of pending I-589 case not in EOIR information?
I have a situation involving my child who is a derivative on an I-589 case. While the I-589 case is still pending, and my child has completed fingerprinting with his mother, he is not listed in the EOIR court information. How can I proceed with applying for an I-765 for my child under these... View More
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James L. Arrasmith
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answered on May 29, 2025
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answered on May 29, 2025
You can file Form I-765 for your child under the C(8) category for asylum applicants using your pending I-589 receipt number. Even if EOIR court records don’t list your child yet, the C(8) category covers derivatives of a pending asylum case.
Include a cover letter explaining your... View More
Q: How do I confirm the status of my asylum court case to apply for a work permit when the court clock seems stopped?
I'm involved in a court case related to an asylum matter, and I believe the court clock is stopped, which is preventing me from obtaining my work permit. I haven't received any official communication from the court regarding this issue. What steps should I take to address or confirm the... View More
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James L. Arrasmith
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answered on May 24, 2025
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answered on May 24, 2025
Your situation regarding the stopped asylum clock requires immediate attention, as this directly impacts your eligibility to apply for employment authorization. The asylum clock measures the time your Form I-589 application has been pending with either USCIS or the immigration court, and you must... View More
Q: Difference between US citizen and US national.
I'm curious about the legal distinctions between being a United States citizen and a United States national. Could you clarify the differences in legal status and explain how these distinctions affect individual rights and obligations?
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