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Florida Immigration Law Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Immigration Law for Florida on
Q: Im going threw a divorce to a filipina girl came over used me now is trying to take my son from me

Im going threw a divorce to a filipina girl came over from Philippines withen less then a year leaves me for another man she is not a usa citizen my son is what can i do to get pro bono help shes trying to have me pay for her lawyer as well an take sole custody of my son i am looking for a pro bono... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Oct 14, 2019

Most lawyers, much like other professionals do not work for free. If you desire to retain the services of a free or no cost lawyer, I suggest you call Legal Aid in the community in which you reside. Good luck.

3 Answers | Asked in Child Custody, Divorce and Immigration Law for Florida on
Q: Im going threw a divorce to a filipina girl came over used me now is trying to take my son from me

Im going threw a divorce to a filipina girl came over from Philippines withen less then a year leaves me for another man she is not a usa citizen my son . What can i do to get pro bono help an or payment plan as i do not make much shes trying to have me pay for her lawyer as well an take sole... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Oct 14, 2019

You need to consult in person with a family lawyer in your area. Find one that offers a free consultation. If you believe that you cannot afford a lawyer then contact the local legal aid office for assistance.

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1 Answer | Asked in Immigration Law for Florida on
Q: Our IO after our marriage green card interview said our case was "approvable" but he needed to review. Is this bad?

My husband and I had our marriage green card interview today. We were asked some standard basic questions about our relationship. And our IO asked my husband a lot of questions about his government/military career back in his country (Nigeria), mainly if he had ever used weapons or trained with... Read more »

Ileana M Rivera
Ileana M Rivera answered on Oct 9, 2019

Please do not worry. Just because they would like to take some time to review does not mean that you will be denied. If you do not receive an approval letter, you should receive a letter with instructions. If you do not receive a letter within 90 days you should call the customer service number. If... Read more »

2 Answers | Asked in Immigration Law and Gov & Administrative Law for Florida on
Q: I'm a permanent resident with a green card through refugee status. what documents do i need to travel outside the USA
Linda Liang
Linda Liang answered on Oct 7, 2019

If you already have a green card, you travel with green card. Be careful not to travel back to your home country though.

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2 Answers | Asked in Immigration Law for Florida on
Q: Can I petition for my son's green card since he lost his status in the US

Me and my son came to the US legally, I have a green card but my son lost his status. Can I petition for his Green Card from the US as he lives with me here in US.

Ileana M Rivera
Ileana M Rivera answered on Oct 4, 2019

Dear Petitioner,

In order to properly answer your question, I need to know how your son lost his status. Based on those facts we can provide you with a recommendation. If he does not have all the facts, we can request a copy of his record from the government and that would provide the most...
Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: How long should you wait to return to US on B1/B2 Visa after recent visit to US?

Hi...I have a friend from Brazil who was recently in the country on a B1/B2 Visa. They were granted 6 months when they arrived. They stayed 155 days...roughly 5 months. They left before the Visa expired to return to Brazil. How long should they wait before returning? They have family in the US... Read more »

Ileana M Rivera
Ileana M Rivera answered on Oct 3, 2019

In general, they can leave the United States and turn around and come back in; however, every time your friend re-enters the US with the tourist visa, they have to endure the scrutiny of the border officers asking questions about the motive and length of the new visit. The officers mostly want to... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: I have a marriage fraud case from 5 yrs ago, can i still marry my current boyfriend and petition him for a green card?
Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 25, 2019

Are you the U.S. Citizen petitioner, or are you the foreign national intended beneficiary? Based on your question, it would seem that you are the U.S. Citizen. Although your participation in a past marriage-fraud case may raise a red flag as to the bona fide nature of your current (prospective)... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: US citizen daughter over 21 sponsor father & mother. Father over 40 work credits - mother 30 - both I-864 Exemption?

Does father and mother get the I-864 Exemption or only the father?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 24, 2019

Are the mother and father of the daughter married to one another? So long as the mother "can be credited with 40 quarters of coverage pursuant to the Social Security Administration’s regulations" (as opposed to having earned herself), then the father's/husband's credits may also cover the... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: Is entering on visa waiver program and getting married but not looking to adjust status considered visa fraud ?

The scenario is she enters the USA on visa waiver program and we decide to get married during the week she will be here visiting and she returns back to Europe and once she’s back in Europe we begin the spouse immigrant green card process from there seen as acceptable ? I understand visa fraud is... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 23, 2019

Arguably, so long as your fiancée intends on returning to the U.K. to conclude a family-based immigration case at the U.S. Embassy, there is nothing fraudulent or illegal about marrying in the United States while here in visitor status under the Visa Waiver Program. The U.S. Department of State's... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: Can my UK fiancé and myself (US citizen) get married in Canada and then apply for immigrant spouse visa to US?

In order to avoid having to apply for a K1 fiancé visa for the USA and not commuting visa fraud by getting married in the states on visa waiver program we were thinking of just crossing over to Canada to get married while she’s here in Vermont for a weeks visit . Can we do this and after She is... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 23, 2019

To be clear, so long as your fiancé intends on returning to the U.K. to conclude a family-based immigration case at the U.S. Embassy, there is nothing fraudulent or illegal about marrying in the United States while here in visitor status under the Visa Waiver Program. The U.S. Department of... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: Once I marry my fiance who has a DACA green card, will he have to leave for consular processing?

Updated**, yes, I am a US citizen. He has not left the USA since he was 14 and now has had a DACA green card for 8 years, he has never left the USA and entered with a valid passport and visa.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 20, 2019

Assuming you (the petitioner) are a U.S. Citizen (not simply a U.S. Legal Permanent Resident), if your DACA spouse last entered the United States using a visa, with just a few limited exceptions, he is likely eligible to complete the marriage-based immigration process stateside through what is... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Originally from Cuba, arrived legally in 1980, my father became a US Citizen in 1997 before I was 18, Am i a US citizen

I've been a permanent US resident for the past 39 years and have kept my papers up to date, I was told that I was considered a US citizen 2 times by USCIS, only to be told by 1 that I wasn't. I just want to know the facts of that law.

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

The citizenship laws have changed over the years. You should likely schedule a consultation with a competent immigration attorney who can evaluate the specific facts of your life and your father's as they relate to the law possibly applicable to your situation. Certain issues, such as whether a... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: What happens when an adjudicator approves a petition and a second adjudicator sends a NOID on an identical petition?

2 identical I129R1 petitions, filed 2/15/2019. One is approved on 6/20/2019. We receive a NOID on the second petition on 8/3/2019 because the proffered position is not a religious occupation. Both petitions are for the same position. Can USCIS have it both ways? It is and it isn’t a religious... Read more »

Linda Liang
Linda Liang answered on Sep 17, 2019

Its like two people would have different opinions on one identical case even given the same frame work to consider. Immigration cases are not like mechanic system where with one input one may expect the output. That's why you need lawyers to make argument for you.

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1 Answer | Asked in Immigration Law for Florida on
Q: Need attorney!!! This is the final situation.

Affirmative Asylum pending since 2015. I-140 approved based on EB3 green . Needs to go consular processing at 3rd country US embassy. I need an attorney who has experience for this case. National Visa center is waiting to give them a US embassy with proof of letter. Letter should says that we do... Read more »

Linda Liang
Linda Liang answered on Sep 13, 2019

You can give us a call at 9548925517 to discuss more.

2 Answers | Asked in Immigration Law for Florida on
Q: Hello Do I need legal help to bring my father from Colombia? He was deported early 90’s.

We came to USA legally with a resident card, he served time in prison, he opted to leave at the end of his sentence.

Kevin L Dixler
Kevin L Dixler answered on Sep 4, 2019

Yes, but it’s unclear whether he will be allowed to ‘ever immigrate’ as a matter of law and discretion. As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications.

The above is...
Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Can I file for naturalization with a pending 1751 switch from joint to waiver on abuse?

Case was transferred to schedule an interview. I filed Feb 2018 was sent an RFE to which I responded. Case updated to case transferred to local office to schedule an interview.

Hector E. Quiroga
Hector E. Quiroga answered on Aug 27, 2019

It depends. If you are still married to and living with your abusive spouse, then probably. If not, then only if you have been a resident for five years can you do this. You really should consult with an immigration attorney.

6 Answers | Asked in Immigration Law for Florida on
Q: Can I reapply for adjustment of status with my husband?

My husband and I were scheduled for our interview for change of status (I-130). We were having marital trouble and did not attend the interview. We have been to counseling and have decided to continue with the marriage but we already recieved the letter that the case was denied and I reinstated my... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Aug 27, 2019

If your Petition for Relative (I-130) case was denied due to abandonment, by not showing up at the interview, yes - it is possible to file again. Consider scheduling a consultation with a competent immigration attorney before doing so, however, to flush out any possible issues. With respect to... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: Can I apply for naturalization with a pending i751 with waiver based on abuse?
Ms Grace I Gardiner
Ms Grace I Gardiner answered on Aug 25, 2019

I don’t recommend it because they will not address it until the waiver is adjudicated.

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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
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
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.

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