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Florida Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Florida on
Q: My wife & filed I130. Her b2 expired while waiting for the receipt of notice. Do we now need to file I485 supplement a?

We had to file I-130 separate from I-485. We now have the I-130 receipt of notice and all other supporting documentation. However, in that time, her b-2 expired. Do we need to file I-485 supplement a along with the I-485? Or are we exempt as this is a spousal sponsorship?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Sep 28, 2022

If you, the petitioner, are a U.S. Citizen, then your spouse's B-2 overstay in and of itself is not a disqualifier for adjustment of status purposes. She would not need to file supplement A. Consider, however, scheduling a consultation with a competent and experienced immigration attorney... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: A cousin was seen by a immigration judge and they told him that he needs to sign a custody redetermination questionnaire

What is that form for?

Monica E Rottermann
Monica E Rottermann
answered on Sep 21, 2022

It sounds like your cousin is detained in immigration custody and the judge wants him to complete that paperwork to consider whether he will grant him bond to release him from custody.

1 Answer | Asked in Immigration Law for Florida on
Q: I have been arrested in Florida twice under student visa . Both cases no trial , I just had to do some courses

Than after 2 courses both of my casas were dismissed! But I’m under student visa I want o to know if I can have any problem going back to USA after this issues ! Can someone who really s understand about to give the a sure answer ! I need to finish my master degree in Miami but I’m afraid to be... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Sep 19, 2022

You should consult with a competent and experienced immigration attorney who can evaluate the dispositions in your criminal cases to determine what possible negative immigration consequences might exist. Without seeing the actual documents from your criminal cases, it is hard to say here online... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I am a Permanent Resident since 1979= Legal, and wanted to renew my Green Card again. PAID in February still waiting

Went to field office Orlando in April 4, 2022 { for biometric on renewed Green card};

PAID in full in February. Unable to reach Anybody when # called. Can you Please help?

Agnes Jury
Agnes Jury
answered on Sep 9, 2022

If you filed in February 2022 then it is likely normal that you are still waiting. You can check processing times at: https://egov.uscis.gov/processing-times/

If you filed in February 2021 you are likely outside of processing time (double check at USCIS processing times page) and can submit...
Read more »

3 Answers | Asked in Immigration Law for Florida on
Q: should i seek a new attorney for the adjustment or stay the course.?

Attorney lack of adequate preparation cost us $2K and panic travel. We have our K1. Should we stay with him through adjustment process or find new attorney?

Agnes Jury
Agnes Jury
answered on Aug 25, 2022

You should always feel comfortable and confident working with an attorney. If you are having doubts as to their abilities or costs, I would recommend that you have an honest conversation with that attorney to allow him/her to address your questions and concerns. If you are still not feeling good... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: what if i was illegally immigrated here as a baby by my parents and am now 17 seeking status

i was brought here in 2007

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Aug 24, 2022

You should schedule a consultation with a competent and experienced immigration attorney who can evaluate the facts of your life to determine what, if any, paths to permanent residency or some other type of lawful immigration status might exist for you. There are too many "unknowns" in... Read more »

3 Answers | Asked in Immigration Law for Florida on
Q: Green Card Expired. What are my options?

My wife entered the US on a K1 visa. We were married shortly afterwards. She was granted a green card. We were unaware that the initial green card expires after 2 years. She's live with me in the US since 2013. We have a family. I'd like for her to be a permanent resident and be on the... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

The initial LPR card obtained as a result of adjusting a status based on a bona fide marriage of a US citizen states its term of validity on is front. Thus, by operation of law, her LPR status is deemed expired as its requirement to remove the condition was never filed within 90 days prior to its... Read more »

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1 Answer | Asked in Divorce and Immigration Law for Florida on
Q: Is it legal to ask her to sign a prenuptial after marriage and then file for divorce a couple weeks later

She is an illegal immigrant and has lied and cheated on me with my ex-husband and is trying to use me to get a greencard. I don't have much money will have to file things myself.

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Aug 3, 2022

A prenuptial agreement should be completed before the marriage. You can, however, sign a postnuptial agreement after getting married. It works the same as prenuptial agreement.

2 Answers | Asked in Immigration Law for Florida on
Q: I married a Brazilian who came here legally but now his visa is expired,can he stay here legally

He wants to get a social security number to work

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jul 22, 2022

Assuming you are a U.S. Citizen and that your marriage is a bona fide marriage, you can file a petition for relative on his behalf and he may be able to file an application to adjust status. There are too many facts missing from your question to give a definitive answer. You may wish to schedule... Read more »

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1 Answer | Asked in Criminal Law, Immigration Law and Appeals / Appellate Law for Florida on
Q: My husband is currently been detained for battery on a leo and did not want to take it to trail and changed his plea

From not guilty to guilty. They are trying to extradite him back to the Philippines. How do we fight thia case. We have 2 kids and he had been a residences of the United States for over 30 years

Jeremy Lasnetski
PREMIUM
Jeremy Lasnetski
answered on Jul 12, 2022

It sounds like your husband pled guilty to a criminal offense and is now, or is about to be, in removal (deportation) proceedings before an Immigration Court. Even if a person is deportable, there may be forms of relief available to help them stay in the United States. Like our firm, there are... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: What else can i show as employment authorization besides my green card?

I recently got hired for a job and they sent me my employment offer. But they need something that shows my employment authorization. I dont have my green card because i lost it and i recently applied for a replacement and its currently being reviewed which could take months. Is there any other way... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jul 7, 2022

There is a list of acceptable documents in the instructions to Form I-9, which they should have had you fill out when you were hired. The employer cannot dictate what it is that you show them to prove employment authorization. For example, notwithstanding that you do not have your green card... Read more »

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Florida on
Q: I have a biometric appointment but I don't have a license or I'd and my green card is expired will I have problems

My passport is expired too it for the i 90 form

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jul 3, 2022

In all likelihood they will take your biometrics notwithstanding the expired green card and expired passport. Do bring those photo IDs, however, and any other photo ID you may have, even if not government issued, to prove your identity. Also beginning in January 2021, USCIS began issuing a... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I am a Kosovam citizen currently on a work and travel visa for 4months. Can I convert my visa to a student visa?
Yohan Zingile
Yohan Zingile
answered on Jun 28, 2022

You can change status to student visa. You need to meet the requirements to get a F-1 visa, get accepted into a school that is certified by the Student and Exchange Visitor Information System and authorized to issue to received for international students. We need to assess your situation in details... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I got banned for some year for overstay can a Hranka waiver help me? I have a critical situation going on.

Hi, I was living in the states for most of my life and and its my home. I was in the process if getting my residence from my mom who got hers from my brother who is American born but my mom passed away unexpected and did not finish the paperwork and the case was closed. I voluntarily left the... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jun 20, 2022

An INA 212(d)(3) waiver is entirely discretionary and it may be difficult to obtain if you have previously been present in the United States unlawfully for a significant period of time. Additionally, this type of waiver is only available with an application for a non-immigrant visa, so even if you... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I've been out of the US for 8 years. My green is expired by 1 year. I am trying to reenter. What steps should I take?

I am in St. Kitts. The closest U.S. embassy is in Barbados. I would like to avoid going there. Can I feasibly reenter the US and apply to renew my status there?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jun 10, 2022

Based on your facts as you present them, it seems that, if you are intending as reentering as a permanent resident, you would need to apply for an SB-1 returning resident visa, but the likelihood of success may be low given your length of time outside the U.S. A consultation with a competent... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Can a re-entry permit be used as passport to travel to other countries? I'm a LPR w/o passport from country of origin.

I cannot get a passport from country of origin. So, can i show the re-entry permit booklet instead of a passport.

Agnes Jury
Agnes Jury
answered on May 18, 2022

No. The re-entry permit is only relevant to the US Border Patrol. You need a passport to travel to other countries. Best wishes!

1 Answer | Asked in Divorce, Child Custody and Immigration Law for Florida on
Q: I’m here from Haiti on a Visa and am awaiting on my green card document. I want to divorce my husband still in Haiti.

He still lives in Haiti and does not want the divorce because I’m the sole provider for us and our daughters and he doesn’t want to work.

Rand Scott Lieber
Rand Scott Lieber
answered on May 4, 2022

If you meet the residency requirements (lived in Florida for six months as your permanent home) then you can file for divorce in Florida. If the child is living in Florida then those issues will be addressed in Florida. If the child still lives in Haiti then Florida would not have jurisdiction to... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Hola,salí con I220A segunda casilla marcada con corte para el 2023,a quien debo pedir residencia a USCIS ò al juez?
Ileana M Rivera
Ileana M Rivera
answered on Apr 25, 2022

Estimado(a). Los casos en la corte son muy delicados y es recomendable ver en detalle todosdocumentos de la corte antes de hacer una recomendacion. Si gusta podemos ofrecerle informacion en privado llamando a nuestra oficina. Terra Immigration Partners en Orlando, Florida.

2 Answers | Asked in Immigration Law for Florida on
Q: I-130 through marriage into widow petition, Does it convert automatically or I-360 has to be filled

My suppose passed away right before scheduled interview for adjustment status, I asked USCIS to reschedule the interview, then later sent them a copy of a death certificate (end of January), never heard back (it’s almost May now),

Last notice in my online account ‘we received the... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago
answered on Apr 20, 2022

I am so sorry for your loss.

(1) Was a copy of a death certificate sufficient? Yes, unless USCIS expressly requests the original.

(2) Do I need to send a widow petition (Form I-360) along with a copy of the death certificate or is it converted automatically? It converts...
Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: How do I correct my Illinois birth certificate to obtain a passport

I am 72, my dad legally changed the family name in 1958. I have gone by my existing name since 1958. I need my name to match to apply for passport!

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 11, 2022

Assuming that your father went to court to change the family name (including yours) in 1958, you would need a certified copy of the court decree. Contact the clerk of that court. I don't know how they do things in Illinois, but normally you would not need to "correct" the birth... Read more »

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