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Florida Immigration Law Questions & Answers
3 Answers | Asked in Immigration Law for Florida on
Q: Question about travel with a Green Card based on marriage and previous asylum (beneficiary) case.

I recently got a conditional green card based on marriage (been married to a US citizen less than 2 years). Before this, I was a beneficiary in my ex-husband’s asylum application, he was the primary applicant.

If I want to travel to my home country, will I have problems in the airport... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 14, 2021

Yes it’s very problematic to travel to the perceived country of claim persecution being a beneficiary on Asylum case as it will raise a rebuttable presumption of immigration fraud and possibly will place your lawful permanent residency in jeopardy. I strongly advise against it.

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4 Answers | Asked in Immigration Law for Florida on
Q: Documents are being processed for immigrant visa. I have a U.S tourist visa. Can I travel to the U.S with no problem?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 11, 2021

Traveling on a tourist or visitors visa to the United States while a foreign national is a beneficiary of a pending immigrant visa will trigger a dual immigrant intent and the point of entry.

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3 Answers | Asked in Immigration Law for Florida on
Q: Question regarding the New Nov 8 travel rules and how it would affect unvaccinated H1b and H4 visa holders

Hi,

I have an H1b visa and my wife has an H4 visa. We are currently in Canada and unvaccinated for COVID. So, based on the new travel policy of Nov 8 of the US government, will we be allowed to enter the US by land border post-Nov 8 irrespective of our vaccination status?

The US... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 23, 2021

You are represented by a counsel of record. It would be improper to guide you overstepping the critical and vital role of the attorney who is professionally retained, familiar with your case and legally obligated to provide a clear, accurate and exact legal guidance to you.

If they do not...
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5 Answers | Asked in Immigration Law for Florida on
Q: My mother wants to petition her adult non married children's but she does not know how to start the process.

If she need an immigration lawyer and if so, how much it will cost her.

Agnes Jury
Agnes Jury answered on Oct 19, 2021

As long as she is a US Citizen, she would start by filing a Petition for Alien Relative (form I-130) for each of her children that she wants to come to the US. She can find the form and the fee at www.uscis.gov. It is strongly recommended that she at least consult with an experienced immigration... Read more »

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5 Answers | Asked in Immigration Law for Florida on
Q: I need a lawyer to assist me with the inmigration services for my husband getting his green card. He is ilegal.
Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Oct 19, 2021

Hello, most Immigration Lawyers practice Nationwide. You can contact a few lawyers to see if it’s a good fit (fee and service scope)

Also, we now refer to people who don’t have residency or work papers as Non Citizen or undocumented. Illegal makes it sound like he did something wrong...
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3 Answers | Asked in Immigration Law for Florida on
Q: If I am an F1 student applying for CPT, is the internship mandatory to be in the same city as the college I study in?
Kyndra L Mulder
Kyndra L Mulder answered on Oct 16, 2021

As long as you have documentation to indicate that the internship is related to your education and affiliated with the school the location can be anywhere.

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2 Answers | Asked in Immigration Law for Florida on
Q: The immigration officer didn't take immigration visa documents from the consular while entering the US.

While first enter in the US airport officer just requested passports with visa and sent us to declare the amount of money. He didnt request or ask for envelopes from consular. How its bad? we are here for 3 months and still waiting for Green Card by mail

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Oct 11, 2021

After getting your immigrant visas, but before using them to enter the United States, did you log onto the USCIS website and pay your USCIS immigrant fees? If you did not do this, the green cards will not be produced. You can pay the fees after the fact (after you entered), which should trigger... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: My H-1B COS was approved in July 21. Now, H-1B amendment is being filed. Urgent Travel required- Am i allowed to travel

H-1B COS was approved and i have my I 797-A form. Do not have my visa stamp yet. Because of role change and pay raise, employer is filing an H-1B Amendment. Need to travel in the next two weeks. Can i travel while amendment is pending and return after my petition is approved and get the visa... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 11, 2021

What does your assigned attorney say to that.?

2 Answers | Asked in Immigration Law for Florida on
Q: I-485 approval notice have a misprinted Priority DATE

Received the Approval notice(I-797) and Green Card. All the information on the GC is correct but Approval notice(I-797) have a wrong Priority Date. I submitted the e-request to fix the TYPO error, If it doesn't get corrected will it affect my Green Card or future Citizenship? Do I need to... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Sep 28, 2021

Since you do not provide any specific information on the typo it is not possible to advise you what implications it will have. In general, the approval date on the card is the date used to determine when you are eligible to apply for naturalization. If the date is later than is should be it will... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: Is DACA still processing new applications? Do you need to know your exact previous adresses for Form I-821D?
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Sep 27, 2021

Unfortunately, DACA is not processing new applications. It is best to have the exact address or as close as possible. For example, you can find the zip code using the street address and so on. You can also check old documents for the addresses where you lived before.

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4 Answers | Asked in Immigration Law for Florida on
Q: I have a k1 visa im married ready to apply for adjustment of status I-485 form. I with I 765 and I 131 what is the fee?

I'm married with a us citizen have a k1 visa I believe I need to apply for I 485 and I 765 but I plan to add I 131 for travel document can you please tell me the exact fee for all of them when seeding together with each fee separately of possible?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 24, 2021

The USCIS.gov lists all fees for for each federal form.

However, an AOS (adjustment of status) to LPR only requires a fee for I-485 ($1225, which includes $85 biometrics fee). When I-765 EAD, I-131, Re-Entry Permit are a part of the concurrent AOS filing, (it is called One Stop concurrent...
Read more »

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3 Answers | Asked in Domestic Violence and Immigration Law for Florida on
Q: I have my citizenship interview scheduled for November, and I am going through domestic violence situations at home.

I want to separate for my safety and the safety of the child. If I do, do I lose the chance of getting my citizenship? The US Citizen spouse is abusive in many ways, I have police reports, pictures etc. I work for attorneys in Family Law, I am aware of how divorce and injunctions work. However, I... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 19, 2021

Your situation is very sensitive to dispatch with just one remote legal opinion without a case review and your direct participation. It requires a comprehensive legal case assessment either in person or remotely by Zoom with an experienced immigration attorney of your choice.

At that time...
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2 Answers | Asked in Immigration Law for Florida on
Q: Is there a law in Florida that says your driver license has to match your permanent residency or your social security ?

I went to renew my license and the DMV changed my license without advising putting my last name from my permanent residency instead of what on my social security card. I looked at the real Id act and everything said the license must match the social security card

Kyndra L Mulder
Kyndra L Mulder answered on Sep 18, 2021

My office is getting many calls lately on DMV requirements for a DL. All of your civil documents should have the same legal name. Your legal name is the name on your BC unless you have a name change document - usually a marriage license - and you have changed your name. Your green card has your... Read more »

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4 Answers | Asked in Immigration Law for Florida on
Q: I overstayed my ESTA with an European passport, but I am also Cuban, can I apply for CAA?

I have dual nationality and I travelled to the US on an ESTA with my European passport. However it is coming up to a year I have been in the US. Can I apply for CAA with my cuban passport and be able to stay legally in the US?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 14, 2021

The bars to adjustment enumerated in Immigration & Nationality Act (INA) 245(c) are inapplicable. So, one who was admitted as nonimmigrant visitor without a visa under the Visa Waiver Program (what you referred to as ESTA) can, assuming all other requirements for the Cuban Adjustment Act (CCA)... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: While filling I-130 application online the system would not allow me to put a future date for NTA Which is in Aug 2022!.

While I was filling my I-130 application online I came to the question if I have had any removal proceedings so I assumed that I did because of NTA but then in the part where I have to type the place and date of hearing, the system would not allow me to put a future date.

What should I do?... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 14, 2021

That is why we always recommend filing a hard paper form with its copy retained in a file. This way an exact submission is preserved with an ability to input all required data on the federal form.

Additionally, there is a possibility of the USCIS having glitches, flaws, internal errors that...
Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: Hello Sir or Ma'am. My questions is: I have a family member that is detained at El Valle Detention facility.

My question is, can my family member be release from detention when she claimed refugee/asylum? she was detained when she crossed the border. She was in the united states when she got picked up. After so many calls and transfer, I called the deportation office, someone told me that my family member... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 13, 2021

There is no one easy answer to that issue. Once the undocumented alien is apprehended, and possibly claimed asylum on merits, the ICE and the DHS forward the generated case for a bond hearing of that detainee. A release on bond is not guaranteed as many factors come into play.

The most...
Read more »

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2 Answers | Asked in Immigration Law and Child Custody for Florida on
Q: Are there any other documentation I can present to prove my case in acquiring a US Passport?

My father filed a petition for me under the CCA Section 320 and I immigrated to the US 19 days before my 18th birthday. I have since applied for a US Passport and the office is requesting the following:

Evidence that shows I was in the sole or joint legal and physical custody of my US... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 14, 2021

" Evidence that shows I was in the sole or joint legal and physical custody of my US citizen parent pursuant to lawful admission for permanent residence such as a custody decree or the death certificate of my non-US citizen parent. "

You may consider sworn legal notarized...
Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Is form i-824 a must to get to the NVC, or is it just a way of expediting?

USCIS sent me a notice stating i need to file i-824 for them to forward my case to the NVC because on the i-130 i had chosen the adjustment of status route but i ended up leaving the USA. Im so disappointed, i-824 will add about 550 dollars to the cost of the immigration process. Is it possible to... Read more »

Ileana M Rivera
Ileana M Rivera answered on Aug 27, 2021

Hello, Form I-864 is a requirement when adjusting status in the US. If you would have chosen the consular process in your I-130, you would have to submit the I-864 directly to the NVC. In either scenario, the I-864 is required.

1 Answer | Asked in Immigration Law for Florida on
Q: If my wifes has a father who was a US Citizen (deceased) can my wife become a US citizen because of her father?

My wife is an adult, her father born in texas move out to Mexico then return to work here and finally died in Mexico in 2010

Kyndra L Mulder
Kyndra L Mulder answered on Aug 27, 2021

Citizenship and Naturalization can be the most complicated area of the INA. Whether you wife is a USC depends on the date she was born and her father's time living in the USA. She may also have acquired her citizenship through her grandparent(s) if her father did not meet the residency... Read more »

3 Answers | Asked in Immigration Law for Florida on
Q: What are the steps for a father to recognize its adult daughter and for her to claim American citizenship, he's American
Kyndra L Mulder
Kyndra L Mulder answered on Aug 25, 2021

If your daughter was born out of wedlock, and claiming that she acquired U.S. citizenship at the time of her birth, and she was born after Nov. 14, 1986, she must demonstrate:

That you - her father - were physically present in the United States for 5 years, at least 2 of which were after...
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