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Florida Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Florida on
Q: What do I need to do to be able to live with my fiancée in the US??

I am engaged to my fiancée who is a US citizen. We have been planning on starting a future together as a married couple for almost a year, However, I've only been able to visit them through ESTA visa, I would like to start becoming more serious and hopefully getting to be with them permanently.

Kevin D. Slattery
Kevin D. Slattery
answered on Nov 20, 2023

Consider scheduling a consultation with a competent and experienced immigration attorney who can discuss with you the K-1 fiancé(e) visa process. This would be the process to pursue if you intend on having your wedding ceremony occur inside the United States. If, however, you wish to be married... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: if you sponsor someone to come to the u.s. from Colombia are you responsible in any way for them financially?
James L. Arrasmith
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answered on Nov 18, 2023

When you sponsor someone to come to the U.S. from Colombia, you are typically required to file an Affidavit of Support. This legally binding document commits you to financially support the sponsored immigrant to the extent necessary to maintain them at an income level that is at least 125% of the... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: if you sponsor someone to come to the u.s. from Colombia are you responsible in any way for them financially?
Stephen Arnold Black
Stephen Arnold Black
answered on Nov 14, 2023

When a US Citizen sponsors his spouse , USCIS requires that he file an affidavit of support with supporting tax return documents. In the event that the spouse accepts public benefits, then the US Citizen spouse may be sued to pay those benefits back. This is the general rule. Reach out to an... View More

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1 Answer | Asked in Business Formation, Business Law, Tax Law and Immigration Law for Florida on
Q: As an F2 with an LLC which tax form should i select for the business c-corp or s-corp

Ok so I'm currently on an F2 visa (dependent visa in the US) I opened my business which is an LLC but as im applying for a tax application in florida for the business i'm not sure whether to file it for a S-Corp or a C-Corp. Due to the fact that technically I'm not allowed to work in the US.

James L. Arrasmith
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answered on Nov 13, 2023

Selecting between a C-Corp and an S-Corp tax status for your LLC is a significant decision, especially considering your F2 visa status.

Generally, F2 visa holders are not permitted to engage in employment in the U.S., and this includes active management of a business. While owning a...
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2 Answers | Asked in Immigration Law for Florida on
Q: I have marriage based green card , i gotta go abroad for 4 months. should i expect any immigration issues when i return?

i have a retail business and i import goods, also my employees are abroad and i have to go for work reasons but im concern that i may face issues when i return to the USA? please advise. thanks

more details:

i just got back from the far east after 2 months, and have to go back... View More

James L. Arrasmith
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answered on Nov 13, 2023

As a holder of a marriage-based green card, traveling abroad for extended periods can potentially raise questions upon your return to the U.S. The key concern for immigration authorities is whether you still maintain your primary residence in the U.S. Absences of less than six months are typically... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: my question is about my petition for my brother I-130

I filled online an application I-13O for my brother at the end only recived this COMPLETE AND THIS REFERENCE # NJO-A8641-0EBE9-E2D7 but not option to paid ..what should I do?

James L. Arrasmith
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answered on Nov 9, 2023

After submitting the I-130 petition online and receiving a reference number, the next step is usually to pay the filing fee. If the option to pay did not appear, this could be a technical issue. You should first check the online account where you filed the application to see if there is an option... View More

2 Answers | Asked in Immigration Law and Personal Injury for Florida on
Q: Why would a plaintiff attorney agree to set aside clerks default for personal injury case?
James L. Arrasmith
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answered on Nov 5, 2023

In a personal injury case, a clerk’s default might be entered if the defendant fails to respond to a lawsuit within the time prescribed by law. However, there could be several reasons why a plaintiff's attorney might agree to set aside a clerk's default:

Fairness and Merit: The...
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3 Answers | Asked in Immigration Law for Florida on
Q: My brother came with visa B1/B2 if i do a petition I-130 x him can he stay longer that the period issue by immigration?
Kevin D. Slattery
Kevin D. Slattery
answered on Oct 26, 2023

The filing of a petition for relative does nothing to extend the validity of one's authorized period of stay in visitor status. If your brother wishes to extend his stay in visitor status, he needs to file with USCIS a Form I-539, Application to Extend/Change Nonimmigrant Status. Moreover,... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: My brother came with visa B1/B2 if i do a petition I-130 x him can he stay longer that the period issue by immigration?
James L. Arrasmith
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answered on Oct 28, 2023

Filing an I-130 petition for your brother indicates an intent to sponsor him for permanent residency. However, the I-130 petition alone does not grant him legal status to remain in the U.S. beyond the expiration of his B1/B2 visa. He must abide by the terms of his visa to avoid unlawful presence.... View More

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1 Answer | Asked in Appeals / Appellate Law and Immigration Law for Florida on
Q: After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision? I-140 case.

After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision. I-140 case.

James L. Arrasmith
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answered on Oct 22, 2023

After a case is remanded from the AAO to the USCIS, the timeframe for USCIS to issue a new decision can vary. Factors affecting this timeframe include the complexity of the case, the volume of cases the USCIS office is handling, and any additional evidence or clarifications needed. For an I-140... View More

2 Answers | Asked in Immigration Law and Tax Law for Florida on
Q: I’m applying for citizenship in a few weeks but I just realized I’ve been exempt for taxes this whole year.

Will it affect my application?? Will it be rejected?

James L. Arrasmith
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answered on Oct 18, 2023

Understanding the importance of taxes in the context of a citizenship application is crucial. When you apply for U.S. citizenship, one of the factors considered is your good moral character, and compliance with tax obligations is a component of this evaluation. If you've been legitimately... View More

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2 Answers | Asked in Immigration Law and Tax Law for Florida on
Q: I’m applying for citizenship in a few weeks but I just realized I’ve been exempt for taxes this whole year.

Will it affect my application?? Will it be rejected?

Kevin D. Slattery
Kevin D. Slattery
answered on Oct 15, 2023

Not having filed a federal income tax return in any particular year is not per se a problem if in fact you can demonstrate that you were under no legal obligation to have filed a tax return. Consider scheduling a consultation with a competent and experienced immigration attorney who may be able to... View More

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1 Answer | Asked in Criminal Law, Immigration Law and Constitutional Law for Florida on
Q: Are US Citizens protected from CBP officers searching their luggage when returning from a flight to a foreign country?

If you “look” suspicious to the CBP officer in the airport, can they detain you, search your items and question you based on their feeling? What 4th amendment protection do citizens have at airports?

James L. Arrasmith
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answered on Oct 15, 2023

When U.S. citizens return from a foreign country, Customs and Border Protection (CBP) officers have the authority to inspect luggage and question travelers. This authority is rooted in the government's responsibility to enforce customs and immigration laws. Generally, routine searches of... View More

2 Answers | Asked in Immigration Law for Florida on
Q: I am a Venezuelan who entered with an I-220A. Can I apply for TPS? I've already filed for an I-589 if it matters.
James L. Arrasmith
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answered on Oct 14, 2023

If you entered the U.S. with an I-220A, it indicates you may have been paroled or admitted after being detained. Your method of entry and presence in the U.S. by a designated date are important factors for TPS eligibility. Additionally, having an I-589 (Application for Asylum) on file doesn't... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: I am a Venezuelan who entered with an I-220A. Can I apply for TPS? I've already filed for an I-589 if it matters.
Kevin D. Slattery
Kevin D. Slattery
answered on Oct 9, 2023

When did you enter the United States? If you can demonstrate continuous residence in the U.S. since July 31, 2023, then you may be eligible. There are other things to consider, including whether you have any disqualifying criminal history or grounds of inadmissibility that can be forgiven with a... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision. I-140 case.

After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision. I-140 case.

James L. Arrasmith
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answered on Oct 14, 2023

When the Administrative Appeals Office (AAO) remands an I-140 case back to USCIS, the timeframe for USCIS to issue a new decision can vary. Generally, USCIS aims to process these remanded decisions within 6 months, but this is not a guaranteed timeframe. Factors such as the complexity of the case,... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision. I-140 case.

After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision. I-140 case.

Kevin L Dixler
Kevin L Dixler
answered on Oct 8, 2023

As long as it wants. It may make another decision depending upon how the decision is worded, which may require another appeal. Your only option, if an unacceptable delay takes place, is to file a writ of mandamus in Federal Court to demand a decision.

Yet, there may be other options, so...
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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Immigration Law for Florida on
Q: My ex was arrest for aggravated battery against a pregnant women. She’s on bond 10000 can she be deported? We have kids

She’s a green card holder. I’m a us citizen. The kids are citizens also. Can I.C.E. deport her and separate from kids? Does my 20% child custody go to 100% with her deported? What can I do as father and exhusband to help?

Charles M.  Baron
Charles M. Baron
answered on Oct 6, 2023

If she is convicted, she is likely at risk for deportation. She needs to schedule a consultation with an

immigration attorney, as well a consult with the attorney representing her in the criminal court regarding any chances to prevent conviction or other result that could lead to...
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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Immigration Law for Florida on
Q: My ex was arrest for aggravated battery against a pregnant women. She’s on bond 10000 can she be deported? We have kids

She’s a green card holder. I’m a us citizen. The kids are citizens also. Can I.C.E. deport her and separate from kids? Does my 20% child custody go to 100% with her deported? What can I do as father and exhusband to help?

James L. Arrasmith
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answered on Oct 14, 2023

Aggravated battery against a pregnant woman is a serious offense and can be considered a crime of moral turpitude or an aggravated felony under immigration law. Green card holders convicted of such offenses are at risk of deportation. If she's deported, it may impact custody arrangements, but... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: Can I apply now for TPS venezuela redesignation before uscis update the page? There is still old date even been announce

If I qualify for the new TPS re-designation for Venezuela that states you can apply for that benefit if your entry was before July 31st 2023, it was already announced on DHS page, but on USCIS still appears Continuous Residence in U.S. Since: March 8, 2021, can I apply since now or should I wait... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Sep 24, 2023

Under the redesignation of Venezuela, eligible individuals who do not have TPS may submit a Form I-821, Application for Temporary Protected Status, during the initial registration period which will be specified in a FORTHCOMING Federal Register notice. Applicants also may apply for TPS-related work... View More

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