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Florida Immigration Law Questions & Answers
3 Answers | Asked in Immigration Law for Florida on
Q: The USCIS informed me on the phone that an application I petitioned was administratively closed. What does that mean?

I filed for annulment/divorce 2.5 years ago and I also withdrew my sponsorship. I am still going through the annulment/divorce so I called the USCIS to see if I am still being considered as a sponsor since I never received any confirmation of my withdrawal. I was informed that the application was... Read more »

Linda Liang
Linda Liang answered on Jul 9, 2020

It means, as the result of your withdrawal, they close the case. Confirmation is not prerequisite to closing of the case.

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2 Answers | Asked in Immigration Law for Florida on
Q: Applying for green card

I have filed i130 in USCIS site as a beneficiary of a green card holder. In my account it shows that: "Your benefit request has been accepted and is under review." I am wondering whether I am able to file I485 now? If not, when can I do that? How can I be informed about approval of my... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 7, 2020

Currently an immigrant visa is immediately available to the spouse of an LPR so yes you can file the I-485 and request it be jointed to the I-130. Your I-130 is not approved it is only accepted for consideration.

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2 Answers | Asked in Immigration Law for Florida on
Q: I have a pending asylum case. My parents got US citizenship. As I know they can petition for me as for a relative.

I am unmarried 30 years old. Me parents became citizens of the US. Now I am in the US, waiting for interview, because I have pending asylum case. As I understand, my parents can fill Form I-130, Petition for Alien Relative. But am I qualify for Adjustment of Status? Should my parents fill Form... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

Answer 1: Not necessarily. Answer 2: Probably not, but more information is needed. It may be in your best interest for your parents to file a form I-130 as soon as possible, but more information is needed!

It is not what you believe. You are subject to visa quotas. The Family first...
Read more »

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4 Answers | Asked in Immigration Law for Florida on
Q: I have a pending asylum case. My parents got US citizenship. As I know they can petition for me as for a relative.

What are cons and pros of it? Will this petition affect my employment authorization? Will it affect my asylum case? Should they do it or not?

Adan Vega
Adan Vega answered on Jun 27, 2020

Your U.S. citizen parent can file the FORM I-130, relative petition, on your behalf with USCIS. The filing of the relative petition will not affect the asylum request nor the employment authorization that has been issued to you. The relative petition will also provide you with another option in... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: I'm a U.S. citizen married to a LPR. Will her status as a LPR be interrupted if I am employed abroad and we live abroad?

Will issues arrive if I accept employment abroad as she has been a LPR for roughly 1 year? What measures can be taken to avoid issues with an 'interruption' of her permanent residency in the U.S. if I choose to accept employment and we legally live outside of the country?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jun 25, 2020

The short answer to your question is "possibly." However, there may be measures you can take to protect her status as a lawful permanent resident, such as filing for a reentry permit. For whom you work abroad may also open up options for her, including naturalization (if that is... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I’m a green card holder. I’m currently on probation for a felony w/ adjudication when all restitutions are paid.

My mom passed away in Jamaica. Can I travel to Jamaica?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jun 22, 2020

You need to have an immigration lawyer evaluate the disposition in your criminal case to determine whether it constitutes a ground of inadmissibility under Immigration & Nationality Act (INA) § 212. You would not likely experience a problem leaving the United States, but upon reentry,... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Will a divorce after more than 5 years of permanent residency affect application for citizenship already in the system?

My husband has been a permanent resident for over 5 years and on the 7th year of our marriage we filed his application application for citizenship. Is it ok for us to get divorced now before he has gotten his fingerprints/exam/swearing in?

Hector E. Quiroga
Hector E. Quiroga answered on Jun 16, 2020

If you file for divorce before the oath ceremony at this point, questions of good faith marriage could arise. In addition, the application could be delayed if the divorce isn’t finalized before the interview or the oath ceremony.

2 Answers | Asked in Employment Law, Immigration Law and Child Support for Florida on
Q: If I get kick out at young age where can I get help ?

I just turned 18. I’m applying to college and I just got a job at McDonald’s. I have no other family in this country except my dad who threatens to kick me out . I don’t know much about how to live In this country . I’m still new to this country. I have no where to go and no one to help me... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 8, 2020

Please talk to someone you know in your community, perhaps the manager at the McDonalds where you work--or the guidance counsellors at the college you are applying for--or Google "Mental health Help Line" and look for a mental health organization in in the Winter haven area. Do not wait... Read more »

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5 Answers | Asked in Immigration Law for Florida on
Q: My husband is a New Zealander. I am a US citizen. Spousal Visa:do I have to pledge to be his sponsor & financial guardi

Do I have to be his financial guardian? Meaning, when I sign his paperwork, am I pledging to be his financial guardian?

Claudia Jocelyne Kokaz Muslu
Claudia Jocelyne Kokaz Muslu answered on Jun 4, 2020

The following individuals are required by law to submit a Form I-864, Affidavit of Support completed by the petitioner (you would be the petitioner for your husband) to obtain an immigrant visa or adjustment of status:

All immediate relatives of U.S. citizens which include spouses who...
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2 Answers | Asked in Immigration Law for Florida on
Q: Hello. I am an American citizen and would like to marry my girlfriend who is a foreigner.

She’s here on a tourist visa which expires next August. would it be too risky to get married and apply for the adjustment of status right away within this short time? I have to mention as well that I was previously married and filed for adjustment of status for my ex wife (which went on... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jun 2, 2020

Sounds like you should consult with an experiemnced immigration attorney before you proceed.

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2 Answers | Asked in Immigration Law for Florida on
Q: How do you get married to a spouse overseas?

So I’m trying to get married to my girlfriend. She’s in the uk and im in the us. I know how the immigrant marriage visa process works to get her here. But how do I get married to her in the first place if you’re not allowed to marry on a tourist visa?(as this can ban her from the us... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on May 27, 2020

First and foremost, congratulations! Next, it is a common misconception that one cannot marry in the United States while here on visitor status. One can do so while in visitor status as long as the person does not have the intent at the time of marrying in the U.S. to thereafter pursue adjustment... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: What is the minimum investment for an L1A visa?

I own a company offshore and am interested in moving to the U.S. I match all requirements but am stuck in the "substantial investment area".

I acknowledge that it may vary based on your sector of investment, but some law firms claim that a simple investment for an office may be... Read more »

Adan Vega
Adan Vega answered on May 24, 2020

You may be referring to an E-2 and not the L-1A.

As to the “substantial amount “ to be invested please note the following:

“ A substantial amount of capital is:

Substantial in relationship to the total cost of either purchasing an established enterprise or...
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1 Answer | Asked in Immigration Law for Florida on
Q: I have J1 visa and I’m starting the process for changing my J1 to F1 so I can study here. My J1 expirations is August 26

But there is a possibility my J1 will be canceled since my Internship is in hospitality and no one knows when will hotel by re-open. What will happened if they will cancel my J1 but I will be in a process of changing? Can I stay here LEGALLY because I’m already in the process?

Kevin L Dixler
Kevin L Dixler answered on May 6, 2020

If you have received a stipend, then you may prove that you remain in status. If you are unable to prove that you remain in status, your change of status request can be denied. This denial will likely make it more difficult to seek a new visa from a consulate or embassy in the future.

I...
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4 Answers | Asked in Immigration Law for Florida on
Q: Can I get marry to a american citizen on C1-D visa and do I need to file weaver before getting married?

What are the new law’s

Kevin L Dixler
Kevin L Dixler answered on May 5, 2020

You are disqualified from filing and getting a green card for immigration while ‘in the United States’ if you used a C1/D1. You must consular process.

If you have overstayed the I-94 entry time, then this can create a 3 year, 10 year, or even permanent bar on lawful immigration without...
Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Can I use I-912 to waiver fee for my I-539 B2 Visa Extension due to COVID-19?

I need to extend my B2 Visa (using form I-539) because international borders are closed and I cannot fly-out of USA due to COVID-19 situation. Do I really need to pay the $450 fee even though it's a special situation that's out of my control or can I use the I-912 Fee Waiver? I don't... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on May 5, 2020

That is not one of the forms for which one can file a request for a fee waiver.

2 Answers | Asked in Family Law, Immigration Law and Legal Malpractice for Florida on
Q: Legal immigrant married to a US citizen husband wanting to get her pregnant against her will refusing to provide pills.

Also, wife is a green card holder. She's currently unemployed and can not afford it. Does husband of one (1) year, have right to refuse his obligation to get her pregnant against her will? Can she file a complaint and get her husband to provide contraception?

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on May 5, 2020

Your question is confusing. I would encourage her to reach out to the many local organizations that can assist with free or low cost birth control if this is something that she is seeking. There is nowhere to file a "complaint" against a husband who is not being a "good"... Read more »

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3 Answers | Asked in Employment Law and Immigration Law for Florida on
Q: Can unemployment assistance prevent me from getting my green card?

I am currently under parole under the Cuban Adjustment Act. I have to apply for the green card in August. I was currently laid off from work due to COVID-19.

Svetlana Kats
Svetlana Kats answered on Apr 30, 2020

Receiving unemployment will not affect your eligibility for green card.

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3 Answers | Asked in Immigration Law for Florida on
Q: Whether to respond to citizenship denial letter

Denial letter was accompanied by a six page letter of allegations towards my green card petitioners -(my father and step-mother) allegations of fraud and misinterpretations . Opinions that I should not have obtained my permanent residency to begin and not eligible from their standpoint , I've... Read more »

Adan Vega
Adan Vega answered on Apr 30, 2020

The allegations that have been presented against you are serious and could result in a “Notice to Appear” before an immigration judge. USCIS is claiming that your resident status was improperly issued. At this juncture, you should engage an experienced immigration attorney to assist and guide... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: Can I change my last name when filling form I-751?

I need to replace my temporary green card with a permanent one soon, and I want to change my last name from my birth one to my husband’s. Can I change it on the I-751 form? If so, how should I do it?

Kyndra Mulder
Kyndra Mulder answered on Apr 25, 2020

You can use your married name on the Petition and attach the name changing document (marriage license).

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5 Answers | Asked in Immigration Law for Florida on
Q: Can I apply for naturalization if my green card expired 2 months ago instead of renewing the green card?

I am married (23 years and counting) to a US citizen and have been living in the USA since 1995 legally. I was gained permanent resident status back in 1999.

I meet all the criteria as per the N-400 form. My green card expired 2 months ago, and I would like to apply for citizenship... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Apr 23, 2020

Although I have not known USCIS to deny one's naturalization application under circumstances such as those that you describe, what I do know is that USCIS has a policy/guidance whereby they want applicants under such circumstances to submit an application for replacement green card in addition... Read more »

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