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Florida Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Florida on
Q: can a eb-4 beneficiary be his own financial sponsor?
James L. Arrasmith
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answered on Aug 1, 2024

As an EB-4 beneficiary, you cannot act as your own financial sponsor. U.S. immigration law requires that a financial sponsor be someone who is a U.S. citizen or lawful permanent resident and meets certain income requirements. The purpose of a financial sponsor is to ensure that you will not become... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Can i ask for a copy of the letters the attorney has been sending to the USCIS if they are representing our non-profit?
James L. Arrasmith
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answered on Aug 1, 2024

Yes, you can request copies of the letters your attorney has sent to USCIS on behalf of your non-profit. Attorneys are generally required to keep their clients informed about the status of their cases and provide copies of correspondence upon request.

It's important to maintain open...
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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

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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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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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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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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