Florida Immigration Law Questions & Answers

Q: my husband has a ICE hold.he illegally reentered in the U S after being deported.he is seeking Asylum can he get bond?

2 Answers | Asked in Immigration Law for Florida on
Answered on Mar 17, 2019
Kelli Y Allen's answer
You need to retain an immigration attorney for a full analysis of his case Since he already has a final order of removal, ICE can act very quickly to re-execute that order so you need to involve an attorney immediately to have any chance of keeping him in the U.S. to file for asylum. It is very unlikely that he would able to get an immigration bond. Also, based on the facts you presented, he likely has a permanent bar and would be unable to use the approved I-130.

Q: Can I marry my foreign fiancé in Canada )I’m American he’s not ) then apply for adjustment of status when in USA?

2 Answers | Asked in Immigration Law for Florida on
Answered on Mar 16, 2019
Kevin L Dixler's answer
Your fiancé seems in the awkward and unenviable position of being caught in a Catch 22. He may have to consular process.

I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. Good luck!

The above is general information, not legal advice, and does not create an attorney client relationship.

Q: Can a foreign citizen enter on visa waiver, marry a US citizen and immediately return to country of origin to apply GC?

2 Answers | Asked in Immigration Law for Florida on
Answered on Mar 16, 2019
Kelli Y Allen's answer
It is fine to marry while in the U.S. under the VWP as long as you comply with all the terms and leave within the designated timeperiod. Your spouse would file a petition, you would process through the consulate, and re-enter with an immigrant visa (if approved). That is not immigration fraud. It would be if you came on the VWP with the plan to marry and remain permanently rather than leaving and processing back through the consulate.

Q: I'm a Daca recipient, can I travel abroad for studies?

1 Answer | Asked in Immigration Law for Florida on
Answered on Mar 12, 2019
Kevin D. Slattery Esq.'s answer
You should consult with a competent immigration attorney who can can analyze the particular facts of your situation. Generally speaking, U.S. Citizenship & Immigration Services is no longer granting "advance parole" travel documents to DACA beneficiaries such that they could reenter the United States to resume their DACA "status." Depending on the age at which you were granted DACA and your prior entry/exit history to/from the United States, you may not necessarily trigger a "bar" to reentry...

Q: When applying for a residence,does your American citizen spouse need to submit his taxes from last year or last 3 years?

2 Answers | Asked in Immigration Law for Florida on
Answered on Mar 5, 2019
Deron Edward Smallcomb's answer
If you are discussing applying for Adjustment of Status / Permanent Residence via your US Citizen spouse, then typically three years are required. I would suggest contacting an experienced immigration attorney with more information to discuss your case.

Q: undocumented immigrant needing physiological evaluation face deportation?

1 Answer | Asked in Immigration Law, Divorce, Family Law and Child Custody for Florida on
Answered on Feb 28, 2019
Kelli Y Allen's answer
If you come to the attention of ICE they will re-execute the order of removal.

Q: Am I eligible for a green card?

1 Answer | Asked in Immigration Law for Florida on
Answered on Feb 28, 2019
Hector E. Quiroga's answer
There is nothing that you have said that indicates you are eligible to apply for permanent residence at this time. If you marry a USC, that would change your situation, but based on the information you provided, that is the only thing that would under current law.

We recommend that you consult with an immigration attorney to see what other options might be available, based on your individual circumstances.

Q: Does your American spouse have to submit taxes of the last year or of the last 3 years when applying for my residence?

2 Answers | Asked in Immigration Law for Florida on
Answered on Feb 27, 2019
Kevin D. Slattery Esq.'s answer
The answers to some of your questions are case specific. You may wish to consider scheduling a consultation with a competent immigration attorney. Bring with you to your consultation your questions as well as copies of documents you filed with USCIS. Speaking generally, processing times vary by USCIS field Office. As it concerns conditional residence, if on the day you are approved for permanent residency you have been married less than 2 years, then you will be given conditional...

Q: If my dad was arrested under criminal charges, what are the chances of having to go in front of an immigration lawyer?

2 Answers | Asked in Criminal Law and Immigration Law for Florida on
Answered on Feb 20, 2019
Kevin D. Slattery Esq.'s answer
If your father is undocumented, in any type of lawful nonimmigrant status, or even a U.S. Legal Permanent Resident and is facing a pending criminal charge, it is advisable that he consult with a competent immigration attorney who can advise him (and possibly also his criminal defense attorney if that attorney does not practice immigration law) on the potential negative immigration consequences of pleading to or being convicted of certain criminal charges. If your father is in criminal...

Q: If I applied for asylum in the USA, and the application is denied, can I still hold my tourist visa.?

2 Answers | Asked in Immigration Law for Florida on
Answered on Feb 18, 2019
Kyndra Mulder's answer
You can have a valid visa and Asylum pending at the same time.

Q: Will my fake-marriage wife be deported if I divorce her before her papers are here?

1 Answer | Asked in Immigration Law for Florida on
Answered on Feb 14, 2019
Deron Edward Smallcomb's answer
What you are discussing on this public forum is a crime. You should contact an experienced immigration attorney to discuss your situation confidentially.

Q: My husband has a immagration hold and is married to a American citizen how do i get the immagration hold lifted

3 Answers | Asked in Immigration Law for Florida on
Answered on Feb 11, 2019
Kelli Y Allen's answer
You need to hire an immigration attorney who can file a motion for an immigration bond once any criminal bond is handled. He will most likely be referred to immigration court for removal proceedings. An immigration attorney can determine whether he is eligible to file any applications to remain in the U.S.

Q: I have my N400 interview for naturalization but my I751 is still pending, steps to get a decision on both

1 Answer | Asked in Immigration Law for Florida on
Answered on Feb 7, 2019
Deron Edward Smallcomb's answer
1) No, the officer will no first adjudcate your i-751 and you do not need to ask them to do so.

2) Having an attorney always helps, however since there is nothing to ask regarding the i-751 this question is moot.

3) No, you do not need to bring your spouse to the N400 interview.

The answers were given in good faith with only basic information provided. The answers should not be considered legal advise. You should contact an experienced immigration attorney for more...

Q: My boyfriend is a PR of the USA. He was charged with a criminal offence back in 2002. He recently tried to visit me in

2 Answers | Asked in Criminal Law and Immigration Law for Florida on
Answered on Feb 7, 2019
Kevin D. Slattery Esq.'s answer
He, or someone on his behalf if he is detained, should likely contact an immigration lawyer to schedule a consultation. It would also be best to forward to the prospective attorney for your boyfriend copies of all criminal case documentation that you, your boyfriend or the family may have. This will help the attorney to analyze the situation more quickly. If he is in an immigration detention center, it may be best to look for an immigration attorney who is close in proximity to the detention...

Q: US citizen marrying foreign national on visa waiver and then him departing the UK TO apply for greencard weeks after?

1 Answer | Asked in Immigration Law for Florida on
Answered on Jan 31, 2019
Deron Edward Smallcomb's answer
I believe I answered this question previously, however anytime someone enters as a non-immigrant with immigrant intent, it is considered visa fraud. Typically after 90 days the presumption is lifted, however the visa waiver program is only 90 days, requiring him to overstay. You would be much better suited by getting married and then applying for a marriage visa / Green Card rather than attempting to adjust status. Alternatively, you can apply for the fiance visa which takes a little less time...

Q: Can my partner come to America (he’s British) to marry while on visa waiver program ? He does not intend on staying

2 Answers | Asked in Immigration Law for Florida on
Answered on Jan 30, 2019
Deron Edward Smallcomb's answer
You can marry in the United States right away, if you don't intend on Adjusting Status, otherwise known as applying for the Green Card. Having him return after waiting 90 days at home, and then adjusting status, won't remove the visa fraud issue.

The proper method would be to apply for a immediate relative petition / marriage visa. This process takes about 10 months right now, and the end result would be a Green Card as well. It will cost you less and it carries less risk than...

Q: my girlfriend is ready to fly to Orlando area from Athens Greece with her minor children, to get married and live here

3 Answers | Asked in Immigration Law for Florida on
Answered on Jan 26, 2019
Kyndra Mulder's answer
This is OK if she has a fiancé visa. Coming to the USA on a non immigrant visa with the intention of immigrating is fraud.

i suggest you consult with an experienced immigration attorney to discuss the options for going about this properly.

Q: Hello, Me comunico por esta vía, para solicitar de su valiosa colaboración, explico a continuación mi situación

1 Answer | Asked in Immigration Law for Florida on
Answered on Jan 24, 2019
Kelli Y Allen's answer
You need to have a full consultation with an immigration attorney to make sure they are eligible to adjust status and to make sure they are not already US citizens.

Q: In the US naturalization process, if one was outside US for over 1 year, does the 5 year clock starts from scratch?

1 Answer | Asked in Immigration Law for Florida on
Answered on Jan 24, 2019
Kevin D. Slattery Esq.'s answer
Barring your wife having submitted and received an approval of an Application to Preserve Residence for Naturalization Purposes (Form N-470), your wife would need to wait to apply for citizenship four years and one day after returning to the United States from her trip that lasted more than 1 year. The reentry permits may excuse your and your wife's absence of more than 1 year in terms of you not being accused of having abandoned your permanent resident status, but that does not prevent a...

Q: Is it possible for a U.S. citizen to marry a Mexican citizen, and for said Mexican citizen to gain legal residency?

2 Answers | Asked in Immigration Law and International Law for Florida on
Answered on Jan 16, 2019
Kelli Y Allen's answer
Yes, it is but the timing and specific process vary greatly and depend on a number of factors. I highly suggest having a full consultation with an experienced immigration attorney who can analyze the specific situation and explain the process that would apply to your case.

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