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Florida Immigration Law Questions & Answers

2 Answers | Asked in Immigration Law for Florida on

Q: I am on J1 visa (J1 waiver) and have applied to get an O3 for husbands O1, will I have to leave my J1 instantly upon O3.

I am on J1 visa (J1 waiver) and have applied to get an O3 for husbands O1 and will get an answer soon from the USCIS on its approval. Will that mean I would have to leave my J1 based employment immediately, once it is approved. Or will I get any grace time to leave my current job and move with him.... Read more »

Sheri A Benchetrit answered on May 22, 2019

O3 visa holders are not permitted to work. If you have filed an I 539 to change your status from J1 to O3 and that form is approved, then legally you can be here in O3 status. However, in order to activate the visa and get the stamp in your passport, you usually have to consular process and have... Read more »

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2 Answers | Asked in Immigration Law for Florida on

Q: What do I do if my green card is about to expire and they ask me for extra documents to approve my citizenship app???

I had my citizenship interview today and I passed my civics test. But, the officer was really rude and wanted more documents which I could not provide at that time. In the notice did not say that I needed to bring any documents. She was even asking me for dates of birth of my husbands ex wife.... Read more »

Kyndra Mulder answered on May 20, 2019

Based on the information you provided the documents requested are typical. Had you had an attorney the attorney would have provided the documents with your initial application. What you need to do is provide the documents requested and the information requested.

It sounds like the officer...
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1 Answer | Asked in Divorce, Family Law and Immigration Law for Florida on

Q: Any advice on a pending i485 petition through marriage to a US citizen with financial abuse from spouse?

Been married 8 months and he petitioned for me for my green card but we moved to another place because he got a new job, and right after we moved he told me I needed to give him twice as much more money as before if I wanted to continue living with him. It came as a surprise to me because I have... Read more »

Bruce Alexander Minnick answered on May 13, 2019

Your best bet is to discuss all these concerns with a marriage counsellor or a divorce lawyer.

1 Answer | Asked in Immigration Law for Florida on

Q: Can you change a tourist visa to a work visa if offered a job while in us from Israel?

Sheri A Benchetrit answered on May 10, 2019

The answer to your question is not so simple. There is no generic work visa. You can be sponsored by an employer for a visa but which type of visa depends on your skill set and a number of other factors.

Your best bet would be to make an appointment with an experienced immigration lawyer...
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1 Answer | Asked in Immigration Law for Florida on

Q: An Israeli on a tourist visa already had 6 month extension. Here 1year. Can switch to work visa?

My daughter met this man and been dating 2 months. She can get him a job. Doesn’t want to marry him just to keep him here in us, but wants to pursue this relationship

Sheri A Benchetrit answered on May 10, 2019

No he cannot work while here on a tourist visa. That would be illegal and a violation of the terms of his visa. Without more information about his skill set, etc., I cannot tell you if he would be eligible for any other type of visa that would allow him to work. I would suggest that you make an... Read more »

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

Q: How have I change my last name in my immigration documents after marriage? Do I need to go in my country embassy?

Immigration law

Sheri A Benchetrit answered on May 9, 2019

It is not clear from your question if you are asking how to change your name in your passport, your green card or both. If you wish to change your last name in your passport, you would need to apply for that change with your country's embassy or consulate in the U.S. if you are in the process of... Read more »

1 Answer | Asked in Immigration Law for Florida on

Q: My daughter is Dating an Israeli for 2 months. His tourist visa expires 2 months. How can he stay longer

Myron Morales answered on May 8, 2019

He can apply for a six month extension on Form I-539.

1 Answer | Asked in Immigration Law for Florida on

Q: If I received a Final Order of Removal in absentia, and departed after receiving the order, can I still file an MTR?

If I received a Final Order of Removal in absentia, and departed after receiving the order, can I still file an MTR?

Sheri A Benchetrit answered on May 6, 2019

Motions to reopen Orders of Removal in Absentia are very complicated and must be handled by an experienced immigration attorney. A Motion to reopen based on lack of proper notice can be filed anytime. This means that a motion may also be filed after a person has departed the US. I suggest that... Read more »

2 Answers | Asked in Immigration Law for Florida on

Q: Can a LPR file an I-130 & I-485 for a spouse that is in the U.S on a tourist visa?

The LPR was sponsored by a U.S. citizen relative and has been in the U.S. for almost 4 years. Her spouse resides overseas and visits her regularly on his tourist visa. Recently the LPR was diagnosed with stage 3 cancer and requires immediate treatment, so, her spouse got to the U.S. right away to... Read more »

Deron Edward Smallcomb answered on Apr 30, 2019

Generally no, because the I-130 won't be current to file for Adjustment of Status. However, the spouse can file a visitor visa extension if they need to stay longer than six months. You should contact an experienced immigration attorney for help.

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1 Answer | Asked in Immigration Law for Florida on

Q: I would like to know if I will get dual citizenship of my boyfriend after marriage

I would like to know if I will get dual citizenship of my boyfriend after marriage. I'm Israel citizen, in USA two years and waiting for resident card. My boyfriend have dual citizenship: usa and uk. If we'll married will I have multiple citizenship (also he)?

Bruce Alexander Minnick answered on Apr 24, 2019

No. Unless they were born here, everyone seeking citizenship in the United States must apply and go through the lengthy process. The same is true for most if not all civilized countries. Some nations do not allow or recognize "dual citizenships." Being married to someone from a different country... Read more »

1 Answer | Asked in Immigration Law for Florida on

Q: I have 877.03 and I have a green card that can make me deported?

Kevin D. Slattery Esq. answered on Apr 18, 2019

Generally speaking, breach of peace/disorderly conduct is not a removable offense. However, for a more definitive answer to your question, you should bring certified copies of your criminal records to a competent immigration attorney who can analyze them.

2 Answers | Asked in Immigration Law and Appeals / Appellate Law for Florida on

Q: Can USCIS use a self employed persons write offs to deny them as a sponsor for a I-485

My wife's I-485 was denied this week because my evidence of assets doesnt meet the federal poverty line. They sent us an RFE in December asking to see my entire 2017 tax return and my bank statements for every month in 2017. My tax return showed that I grossed over 69k in 2017. I had over 87k in... Read more »

Kevin L Dixler answered on Apr 17, 2019

More information is needed. What date was the decision? Is it more than 33 days ago m? You may want to consider whether to file a motion to reconsider or a new filing. Many choose the latter, but it depends.

As a result, I strongly recommend an appointment with a competent and experienced...
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1 Answer | Asked in Immigration Law for Florida on

Q: I’m an immigrant, just have got married and want to change my last name. How can I do it?

One more question. We are applying for a green card as well. So do I need to change my last name before submitted the application?

Kevin D. Slattery Esq. answered on Apr 16, 2019

If you are referring to changing your surname (family/last name), you can identify your married surname as your current surname. There are typically boxes on the immigration forms for "other names used", wherein you would list your name before marriage. The USCIS Adjudicator's Field Manual (AFM)... Read more »

1 Answer | Asked in Immigration Law for Florida on

Q: An airport officer told me if I apply for a Re-entry permit it will cover my wife/family members. Is this true?

I may have to be out of the country for work purposes for more than six months. It was suggested that I get a Re-entry permit and at the airport an officer told me the permit applies to all my family members. My wife and I have green cards since 2002 and have never left the US for more than a... Read more »

Hector E. Quiroga answered on Apr 5, 2019

Each person would need a reentry permit.

1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law for Florida on

Q: Employer failed to update my I9 with HR and didn’t let me work but I have copy of updated info. It was their mistake

Hi: I informed my employer of my status changing from EAD to green Card as soon as it did. I went 3 weeks ago and updated my I-9 and presented my card, signed my I9, and received a copy of it. The manager somehow felt to upload the new info into their system, and today I was told I couldn’t work... Read more »

Bruce Alexander Minnick answered on Mar 26, 2019

Legal answer: Unless you have a written employment agreement, you have little or no employee rights in Florida. Why? Because Florida is an “at will employment” state--which means Florida employers are free to hire, assign, re-assign, re-locate, promote, demote, discipline, suspend or terminate... Read more »

1 Answer | Asked in Immigration Law for Florida on

Q: If a child was born Canada can he apply for us social security card

Kevin D. Slattery Esq. answered on Mar 25, 2019

The answer to your question depends on a number of facts that are not provided in your question. If you mean the child born in Canada somehow has a claim to U.S. Citizenship because, for example, he or she has U.S. Citizen parents, then the answer is yes. There are even circumstances where a... Read more »

2 Answers | Asked in Immigration Law for Florida on

Q: my husband has a ICE hold.he illegally reentered in the U S after being deported.he is seeking Asylum can he get bond?

im a U S citizen and we are married with children together. my husband fled from Haiti. he was in hiding for months there. due to the corruption with the Policital war. he suffered life threating, turture, unthinkable abuse,lost of 30 pounds from starvation and thirst during his hide out. he is... Read more »

Kelli Y Allen answered on Mar 17, 2019

You need to retain an immigration attorney for a full analysis of his case Since he already has a final order of removal, ICE can act very quickly to re-execute that order so you need to involve an attorney immediately to have any chance of keeping him in the U.S. to file for asylum. It is very... Read more »

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3 Answers | Asked in Immigration Law for Florida on

Q: Can I marry my foreign fiancé in Canada )I’m American he’s not ) then apply for adjustment of status when in USA?

From what I understand marrying a foreign national under visa waiver program and then adjusting status ALL in the USA is considered visa fraud and could complicate matters . If we went to Canada to get married then returned to the US and adjusted status would this be acceptable ? Marriage would... Read more »

Kevin L Dixler answered on Mar 16, 2019

Your fiancé seems in the awkward and unenviable position of being caught in a Catch 22. He may have to consular process.

I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. Good luck!...
Read more »

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3 Answers | Asked in Immigration Law for Florida on

Q: Can a foreign citizen enter on visa waiver, marry a US citizen and immediately return to country of origin to apply GC?

I understand that any foreign national seeking to marry fiancé and adjust status need to either apply for a K1 visa to do so or convincingly prove that the marriage was not premeditated with intention to stay . What if they entered on visa waiver , married and immediately returned back to country... Read more »

Kelli Y Allen answered on Mar 16, 2019

It is fine to marry while in the U.S. under the VWP as long as you comply with all the terms and leave within the designated timeperiod. Your spouse would file a petition, you would process through the consulate, and re-enter with an immigrant visa (if approved). That is not immigration fraud.... Read more »

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1 Answer | Asked in Immigration Law for Florida on

Q: I'm a Daca recipient, can I travel abroad for studies?

Kevin D. Slattery Esq. answered on Mar 12, 2019

You should consult with a competent immigration attorney who can can analyze the particular facts of your situation. Generally speaking, U.S. Citizenship & Immigration Services is no longer granting "advance parole" travel documents to DACA beneficiaries such that they could reenter the United... Read more »

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