Lawyers, Answer Questions  & Get Points Log In

Florida Immigration Law Questions & Answers

1 Answer | Asked in Immigration Law for Florida on

Q: I am asylum pending now. I got approval for perm and I-140 based on EB3 . Time to apply Visa through consular processing

My question is if I got denied from 3rd country embassy how can I go back US. What is the best way to protect me and my family. I have no serious reason to apply advance parole. Do USCIS approve advance parole to get interview outside the country? If I can't re enter US, what will happen to my... Read more »

Linda Liang answered on Aug 23, 2019

Advance Parole is granted based on good-faith. Going to third country for interview is good faith answer as to why you need advance parole. You may be granted. In the meantime, when your visa is current, you may apply for adjustment status in US.

1 Answer | Asked in Immigration Law for Florida on

Q: Can I book my flight directly to Florida from the Caribbean island instead of going to Illinois where I was filed for?

Patricia C. Wall-Santiago answered on Aug 21, 2019

Yes, as long as you don't violate the terms of your visa. In abundance of caution, I encourage you or anyone to consult with an experienced licensed immigration attorney saving you time, money, and future headaches.

1 Answer | Asked in Immigration Law for Florida on

Q: What happens if I missed annual checkup appointment with ICE? I am married to US citizen and my I-130 was granted.

I also have a witholding of removal granted in 2011

Hector E. Quiroga answered on Aug 19, 2019

Probably nothing, if you get in touch with ICE right away. The longer you wait, the more issues you will have.

1 Answer | Asked in Immigration Law for Florida on

Q: Hi we are here a legal immigrants with permeant green card from 2017 And we have marketplace insurance (obama care)

Hi we are here a legal immigrants with permeant green card from 2017

And we have marketplace insurance (obama care)so is the marketplace insurance (obama care) in the public charge law?? and we have for stop it?? and is that affect on us when we are applying for citizenship

Kevin L Dixler answered on Aug 16, 2019

No, where you ‘and’ your employer pay for it, it’s required, and it’s not subsidized as a means tested benefit. If you are still confused, schedule an appointment or teleconference with a competent and experienced immigration attorney. Good luck.

The above is general information,...
Read more »

1 Answer | Asked in Criminal Law and Immigration Law for Florida on

Q: Have a possession of marijuana for 2 grams, doing PTI. Will I get deported even if I've have a green card for 8 years?

Kevin D. Slattery Esq. answered on Aug 10, 2019

Generally a PTI in the State of Florida, wherein I see from your post you are located, can be a good disposition in a controlled substance related case so as to avoid negative immigration consequences. I would warn you, however, that in analyzing a Texas PTI case, the Board of Immigration Appeals... Read more »

3 Answers | Asked in Immigration Law for Florida on

Q: If I have an approved I 130, can I apply for an I 485 if I’m in the US but my I 94 is expired?

My I 130 was approved and I have just received a notification from the NVC regarding my visa. I’m currently in the US but my I 94 expired and I would like to change my status to not have to go through the consular process and proceed with an adjusted status instead. Is that possible?

Linda Liang answered on Aug 7, 2019

It depends on whether your Visa is current. You can find out whether it is on monthly Visa Bulletin

View More Answers

4 Answers | Asked in Immigration Law for Florida on

Q: My girl friend lives in the Ukraine and is traveling here on a B-1 tourist visa . Can we get married and her stay

Kevin L Dixler answered on Aug 6, 2019

More information is needed, but a person cannot use a B-2 non-immigrant tourist visa with immigrant intent. A B-1 non-immigrant visa is for temporary business reasons. Your desire to marry your girlfriend, aside, I strongly recommend an appointment or teleconference with a competent and... Read more »

View More Answers

4 Answers | Asked in Immigration Law for Florida on

Q: Can I petition my parents with my 19 year old sister as a minor for green cards.

I just became a citizen and I want to bring my parents at the same time with my youngest sister. Is this possible since my sister is under 21.

Linda Liang answered on Jul 30, 2019

You need to petition for your parents and your sibling separately. Or your parents may petition for her when they become Permanent resident.

View More Answers

1 Answer | Asked in Immigration Law for Florida on

Q: What can I do if my fiancé who overstayed his visa get detained to not to be deported?

Linda Liang answered on Jul 25, 2019

You may marry him, petition for him before deportation starts. Of course, you need to hire an attorney to request immigration relief for him during deportation proceeding.

2 Answers | Asked in Immigration Law for Florida on

Q: How do I go about getting a green card as a professional?

I have been invited to work for a company in the US but don't have a work permit. I am currently in the US with a B1-B2 visa. I have been offered employment because I speak 5 languages and have a BA at the Academy of Arts in Amsterdam, Holland. I am a highly qualified administrator with 30+ years... Read more »

Stephen Arnold Black answered on Jul 18, 2019

Set up a consultation with an Immigration lawyer who will advise you of all the pathways that you can qualify to obtain LPR status.

View More Answers

1 Answer | Asked in Family Law, Immigration Law, Civil Rights and International Law for Florida on

Q: changing second name in birth certificate

To whom it may concern,

I'd want to clear up a couple of questions, connected with a birth certificate topic.

We need to change a second name for an eight-year old child. A child has a double citizenship, from US and from Russian Federation (a birth certificate recieved in Miami,... Read more »

Bruce Alexander Minnick answered on Jul 17, 2019

This is not the right place to seek legal representation. This is a free public forum designed to allow members of the general public to ask participating lawyers general legal questions. If you want to hire a Justia lawyer, you should use the “Find A Lawyer” tab at the top of this page. You... Read more »

1 Answer | Asked in Child Custody and Immigration Law for Florida on

Q: what happens to US citizen children if both parents (legally on non-imigrant visa) die, no other family in US?

I am a foreign citizen previously on J-1 now on O-1 visa. I had children while on J-1 which are US citizens. My wife is also foreign born (J-2, now O-3). I would like to know what would happen to our children, for some reason, we both were to die. Who would retain custody (no family members in US,... Read more »

Hector E. Quiroga answered on Jul 3, 2019

Most of your question is family law based, but as the question about US citizenship: because they were born in the US, they are US citizens.

1 Answer | Asked in Immigration Law for Florida on

Q: I am on J1 applied for COS into dependent O3, currently pending. Should I tell my employer about the change.

I am on J1 and applied for COS into dependent O3 visa. Can I tell my employer and move with my husband within a month. Will it be safe to assume that becuase my I 94 expires in 2021 and I applied for COS in March, I can still make a move. Or my status will be jeopardized because of cancellation of... Read more »

Julie C Hancock answered on Jun 26, 2019

If you have not already done so, you should schedule a consultation with an immigration attorney to review your situation. The answer to your question requires a number of details best done in a consultation with an attorney to ensure you take the steps necessary to maintain your status.

1 Answer | Asked in Immigration Law, Traffic Tickets, Civil Rights and Municipal Law for Florida on

Q: Can we get in trouble? Thank you!

Me and my father are living in Florida, and he got the Nevada Driver's License, because there he has the documents that they required. We bought a car in Colorado. But now we are in Florida, with Nevada drivers license only, we don't have the required documents to get a Florida's License. We have... Read more »

Hector E. Quiroga answered on Jun 25, 2019

You probably want to speak with an immigration attorney in Florida. If you do get pulled over, the officer may ask questions that could reveal your legal status in the country. If the jurisdiction in which you are pulled over has an interagency agreement with ICE, simply being pulled over and... Read more »

1 Answer | Asked in Immigration Law for Florida on

Q: Can I as an undocumented alien get health insurance through my job

Kevin L Dixler answered on Jun 24, 2019

Your employer may have trouble, because you ‘may’ lack documentation insisted upon by the insurance organization and required by law. The insurance company may require a valid social security number or Tax ID#.

In general, you should not be employed as a matter of immigration law, so...
Read more »

1 Answer | Asked in Immigration Law for Florida on

Q: I’m a us citizen Filed application to bring step child have been waiting for two years and 1/2 to hear if she approved

Sheri A Benchetrit answered on Jun 19, 2019

It is not clear from your question whether you are waiting for the I 130 to be approved or whether your case is stuck in consular processing. I suggest that you provide more information to an experienced immigration lawyer so that they can assist you in finding out about the delay, making an... Read more »

1 Answer | Asked in Immigration Law for Florida on

Q: Hello! I was pending i-539 application to change my B-2 to F-1 visa. However while waiting I got married and me and my

husband applied for green card. I thought my i-539 will be canceled automatically, but it never happened. Yesterday I got the evidence request for F-1 visa mail, so my application is still pending. Tell me please, what should I do to cancel my i-539 application.

Kevin D. Slattery Esq. answered on Jun 17, 2019

Consider scheduling a consultation with a competent immigration attorney to go over in detail all facets of your case. Generally speaking, however, if you no longer have any intent of pursuing F-1 status and so long as there are no inadmissibility issues in connection with your "green card" case,... Read more »

2 Answers | Asked in Immigration Law for Florida on

Q: Hi my mom is Canadian citizen she overstayed since July 2017 due to helping Me with my newborn. At beginning we

Do not know as Canadian Only allow to stay for six months since there is no visa on the passport. After finding that out we also learned that she might not able to come back for 10 years if she leaves. So she stayed instead . surprisingly In 2018 she was able to renew her drivers license with... Read more »

Kevin D. Slattery Esq. answered on Jun 17, 2019

If you have not already consulted with an experienced immigration attorney, you should likely do so. The 10-year penalty of which you speak is triggered upon departure. If you are a U.S. Citizen and if your mother has the intent to immigrate to the United States, there may be a way to legalize... Read more »

View More Answers

3 Answers | Asked in Immigration Law for Florida on

Q: K1 visa question about income

At my fiancees K1 visa interview he was told that I (the us sponsor) does not make enough money to be his sponsor, even tho I make above the required amount, I believe they will not accept it because I am on disablitlity . I was able to get an amount raised to put into my savings. will this be... Read more »

Stephen Arnold Black answered on Jun 16, 2019

You should retain counsel here in Florida to represent you from start to finish so that your case will be handled without delay or complications.

View More Answers

1 Answer | Asked in Immigration Law for Florida on

Q: Can a Cuban Asylee apply to the Green Card by the Cuban Adjustment Act or does he need to apply as a regular Asylee?

The Cuban presented himself at a border point on the border with Mexico and requested asylum, was detained in a migration center for 3 months, went to trial, won the case and was released as an asylee.

Does this apply as "inspected and admitted or paroled" ?

Kevin D. Slattery Esq. answered on Jun 10, 2019

The answer to your question depends on whether the individual in question was inspected and admitted or paroled. The individual should schedule a consultation with a competent immigration attorney and bring copies of all immigration documentation issued to him or her.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.