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Florida Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Florida on
Q: My fiancé is irish currently on an h2b visa, we want to marry in Ireland. How can he return to live in the US after?

We are currently living together in the US. If he leaves for the wedding, the h2b visa will no longer be valid. We can’t apply for spousal visa because we are not yet married. We can’t apply for fiancé visa because then we would have to get married in 2 countries.

James L. Arrasmith
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answered on Jan 26, 2024

If your fiancé leaves the U.S. for your wedding in Ireland, his H2B visa will indeed become invalid for re-entry. In this situation, after your marriage, you can file for a spousal visa (CR-1 or IR-1) on his behalf. This process involves submitting a petition for an alien relative (Form I-130) to... View More

3 Answers | Asked in Immigration Law and Public Benefits for Florida on
Q: I am on HUD / public assistance Will I be able to marry an immigrant?
Kevin D. Slattery
Kevin D. Slattery
answered on Jan 25, 2024

Receiving public assistance is not an obstacle to getting married. Your question does not pose whether you are able to sponsor your spouse for a green card, but that seems to be what you may be asking. Even if you are receiving public assistance, you can file a petition for your spouse, but you... View More

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1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: CAN I WORK AGAIN IN USA IF I GOT DEPORTED FROM ONE CRUISE SHIP ?

Hello everyone .I was working for a cruise line later on i was deported and escorted back home concerning some depression issue.Will i be able to work for some other cruiseline in the USA ?

James L. Arrasmith
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answered on Jan 24, 2024

The ability to work again in the USA on a cruise ship after being deported depends on the specific circumstances of your deportation and the current state of your visa or work authorization. Deportation can have significant impacts on your eligibility to re-enter the United States and obtain work... View More

1 Answer | Asked in Immigration Law for Florida on
Q: if I end up getting emancipated, and my parents end up loosing their green card after I do so, would I loose mine too
James L. Arrasmith
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answered on Jan 24, 2024

If you are emancipated and your parents subsequently lose their green cards, your own green card status would typically not be directly affected by their status change. Emancipation legally separates you from your parents, meaning that your legal status is independent from theirs.

However,...
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1 Answer | Asked in Immigration Law for Florida on
Q: How long do I have to reenter the US after passing the customs with DV lottery temporary visa? I have my Green card

Hello,

My family and I won the green card lottery in 2021, and we entered the US territory on March 9, 2023. Our temporary visa was stamped with the date of entry, and we received our physical green card later that same year.

We're planning to move to Tampa, FL by July 2024, so... View More

James L. Arrasmith
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answered on Jan 22, 2024

Once you enter the U.S. with a Diversity Visa and your temporary visa is stamped, this typically serves as a temporary green card until you receive the physical card. As green card holders, you are expected to make the United States your permanent residence. However, there's no strict... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Can a FL nonlawyer assist in completing immigration forms?

I had a customer reach out to me to assist with completing immigration forms. The customer is completing an asylum application and renewing a work visa. I will not be giving legal advice, as I am not a lawyer. I will be reviewing the application after the person completes it to make sure it is... View More

James L. Arrasmith
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answered on Jan 21, 2024

In Florida, as a nonlawyer, you must be cautious when assisting someone with immigration forms. It's permissible to provide clerical help, such as making copies and ensuring forms are filled out correctly based on the provided instructions. However, you must avoid giving any form of legal... View More

4 Answers | Asked in Immigration Law for Florida on
Q: Can I submit I130 for my brother who enter the USA on a B1/B2 visa ?
James L. Arrasmith
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answered on Jan 13, 2024

Yes, as a U.S. citizen, you can submit Form I-130, Petition for Alien Relative, for your brother, even if he entered the USA on a B1/B2 visa. This form is the first step in helping a relative immigrate to the United States.

However, it's important to understand that the process for...
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1 Answer | Asked in Immigration Law and Appeals / Appellate Law for Florida on
Q: After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision? I-140 case.

After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision? I-140 case.

James L. Arrasmith
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answered on Jan 11, 2024

The time it takes for USCIS to issue a new decision on an I-140 case after it has been remanded from the Administrative Appeals Office (AAO) can vary significantly and is often unpredictable. There is no set timeline for USCIS to act on remanded cases, and the processing time can depend on several... View More

2 Answers | Asked in Bankruptcy and Immigration Law for Florida on
Q: How would a bankruptcy affect a VAWA application?

I am about to file for a VAWA green card but credit card companies are now coming after me since my husband stopped paying any of my bills early last year. If I file for bankruptcy how will that affect my VAWA application considering that I have been financially abused in my marriage.

James L. Arrasmith
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answered on Jan 9, 2024

Filing for bankruptcy should not directly impact your application for a green card under the Violence Against Women Act (VAWA). VAWA applications are primarily evaluated based on evidence of abuse and the applicant's relationship to a U.S. citizen or lawful permanent resident.... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: I have a conditional GC which is expiring in july 2024. I have to apply to remove conditions on my GC i751.

I had a misdemeanor charge in 2022 for petit theft which was dismissed by completing a diversion program and later the records were expunged in 2023. I want to know how is it going to go for my case? Also once approved the 10 year GC, will i still be eligible to apply for naturalization as married... View More

Ghenadie Rusu
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answered on Jan 5, 2024

Given your situation with the dismissed misdemeanor charge and expunged record, it's likely that your case for immigration and naturalization will not be significantly affected. As long as you avoid further legal issues and, very, enlist the services of an attorney to assist you, you should be... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: divorce after file for i751Petition to remove conditions on residence, whats next?

I filed I751 Petition to remove conditions on residence about 6 months ago, and i got an extension letter for my resident card for 48 months, while in the process of removing the conditions.

unfortunately me and my spouse have recently ended our marriage. my question is if i should notify... View More

James L. Arrasmith
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answered on Jan 2, 2024

If you have filed an I-751 Petition to Remove Conditions on Residence and are now going through a divorce, it is important to notify U.S. Citizenship and Immigration Services (USCIS) about the change in your marital status. The divorce can affect your immigration status, but it doesn't... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: Can my brother (US Citizen) can sponsor me (J1 Visa holder) for a Green Card?
Kevin D. Slattery
Kevin D. Slattery
answered on Dec 27, 2023

Yes, your brother can sponsor you, but the line is very long. Additionally, the simple filing of his petition for relative on your behalf does by itself permit you to remain in the United States while waiting for your spot in line. Consider scheduling a consultation with a competent and... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: i had an approved I-130 in 1992 and never went to claim it, I am living in the U.S. have Nicaraguan humanitarian Parole

my mom fill my i-130 she is now 94 very sick in nicaragua lost her residency too long out of country

can i reactive my I-130 or how long would it take to have it approved again if this time my sister who already singed for my parole fills my i-130 she es US Citizen.

James L. Arrasmith
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answered on Dec 26, 2023

If you had an approved I-130 petition in 1992 and never pursued it, revisiting this case requires careful consideration. Given that your mother, the original petitioner, is no longer a U.S. resident and is ill, reactivating the old I-130 might not be feasible. Typically, the petitioner's... View More

2 Answers | Asked in Immigration Law for Florida on
Q: Sponsoring adjustment of status for spouse as naturalized citizen (originally received green card through marriage)

In the past I was married to an American citizen, did Adjustment of Status from an F-1 visa, received my green card, and had its conditions removed. My spouse and I then divorced before I could be naturalized under the 3-year rule. I later naturalized under the 5-year rule with no incident except... View More

James L. Arrasmith
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answered on Dec 19, 2023

Each immigration case is unique, and past history can sometimes influence future applications. However, having been naturalized for many years and with your previous marriage having ended over a decade ago, these factors may be less significant in your new spouse's Adjustment of Status... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: What do I have to do if I need to leave the US after having requested a visa extension but haven't been approved yet?

I requested a tourist vista extension in september and already attended the biometrics appointment. I wanted to stay in the US until february next year but due to a family emergency in my home country I need to leave as soon as possible.

My authorization expired in november and I am not... View More

James L. Arrasmith
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answered on Dec 19, 2023

If you need to leave the U.S. before your visa extension is approved, it's important to take certain steps to avoid complications with future entries. First, document your reason for leaving early, such as evidence of the family emergency. This documentation can be helpful if you need to... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: Answer for Have you ever applied for an immigrant visa to obtain permanent resident status at a US embassy abroad?

Hi,

I'm a US Citizen and we applied for i-485 adjusment of status for my mother. She was and still is present in the US when I applied. But unfortunately the application was denied because i didn't submit form i-693 on time since i did not receive a request of evidence. How would... View More

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answered on Dec 15, 2023

In addressing your situation with the I-485 Adjustment of Status application for your mother, it's important to provide accurate information. If the application was denied due to a missing Form I-693, you should answer "Yes" to questions on future forms that ask if any previous... View More

1 Answer | Asked in Immigration Law for Florida on
Q: If I withdrawal a I-134A, will the person who I am sponsoring be notified that I withdrew the application?

I have applied to sponsor several family members through the current humanitarian parole program for Cuban, Haitians, Nicaraguans and Venezuelans. I completed the I-134A for each one and the applications/affidavits of support are pending. Based on some new information, I have serious concerns about... View More

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answered on Dec 1, 2023

If you withdraw the I-134A form for one of the individuals you are sponsoring, it's important to know that U.S. Citizenship and Immigration Services (USCIS) generally does not notify the beneficiary directly in the case of a withdrawal. However, if the person you are sponsoring checks the... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Incomplete PWD for the PERM

My employer got PWD approved, but we just noticed that they didn’t indicate their DBA name (doing business as) on the PWD form (ETA-9141). However the legal name and other info was indicated correctly.

They are about to start recruiting process, but I’m just worried that the fact that... View More

James L. Arrasmith
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answered on Dec 1, 2023

In your situation, the omission of the DBA (Doing Business As) name on the Prevailing Wage Determination (PWD) form (ETA-9141) might not be a significant issue, especially if the legal name and other details of the employer are correctly listed. The PWD primarily focuses on the job duties and the... View More

2 Answers | Asked in Immigration Law for Florida on
Q: What do I need to do to be able to live with my fiancée in the US??

I am engaged to my fiancée who is a US citizen. We have been planning on starting a future together as a married couple for almost a year, However, I've only been able to visit them through ESTA visa, I would like to start becoming more serious and hopefully getting to be with them permanently.

Kevin D. Slattery
Kevin D. Slattery
answered on Nov 20, 2023

Consider scheduling a consultation with a competent and experienced immigration attorney who can discuss with you the K-1 fiancé(e) visa process. This would be the process to pursue if you intend on having your wedding ceremony occur inside the United States. If, however, you wish to be married... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: if you sponsor someone to come to the u.s. from Colombia are you responsible in any way for them financially?
Stephen Arnold Black
Stephen Arnold Black
answered on Nov 14, 2023

When a US Citizen sponsors his spouse , USCIS requires that he file an affidavit of support with supporting tax return documents. In the event that the spouse accepts public benefits, then the US Citizen spouse may be sued to pay those benefits back. This is the general rule. Reach out to an... View More

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