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Florida Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Florida on
Q: I am awaiting on status update for uvisa. I am now getting married &want to know if it’ll be faster getting a green card

I have a SSN and work permit. I have been waiting for years for the uvisa, the lady that submitted everything said if I get married it won’t be any faster since I have to go this route because I entered US illegally when I was a small child. Is this true?

Kevin D. Slattery
Kevin D. Slattery
answered on Nov 3, 2022

Having entered the United States illegally would complicate, but not necessarily derail, a marriage-based immigration case. There may be strategies for you to explore in terms of a marriage-based case after you are given U nonimmigrant status. If, however, you are still years away from a grant of... View More

2 Answers | Asked in Immigration Law for Florida on
Q: bring my wife to the US on relative visa. Had no income in 2021. Currently working. Am I able to use current income?

Can I use my current income now that I'm working for the affidavit of support or do I need to go back to last year?

Kevin D. Slattery
Kevin D. Slattery
answered on Nov 3, 2022

The regulations indicate that USCIS is supposed to give the greatest weight to your reasonably anticipated income for the year in which the case is filed. You don't specify what your current income is or what your household size is. So, the answer is "maybe." Either way, consider... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: I have a question about sponsoring my unmarried adult brother for a green card.

I recently received my US citizenship though naturalization and would like to apply for a green card for my brother. He currently lives in the US and has a pending asylum case. I was told he is "out of status" and I can't apply for a green card for him, since his visitor visa expired... View More

Ana S. Mendieta
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answered on Oct 24, 2022

First Congratulations on becoming a US citizen!

This is how it works, you first file Form I-130, Petition for alien relative with USCIS. Once USCIS approves the family petition you must wait for a visa number to be available. The availability of immigrant numbers for siblings (fourth...
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2 Answers | Asked in Family Law, Immigration Law and Child Custody for Florida on
Q: Establishing parternity 14 years later.

My son was born in Florida while his mom was still married to another man, how can I establish paternity?

My son, his mother and I live abroad now.

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 19, 2022

Based on Florida law you cannot accomplish this without the cooperation of the man that she was married to at the time of birth. However, since none of you lives in Florida the court here will not have jurisdiction (the ability to decide your case). You may not be able to do anything before you... View More

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2 Answers | Asked in Cannabis & Marijuana Law and Immigration Law for Florida on
Q: Does Biden cannabis pardon effect lawfully permanent immigrants with prior simple possession of cannabis charge?

If I was deported because of a simple possession of cannabis and tampering with physical evidence and was a lawfully permanent resident at the time does president Biden new cannabis pardon grants me relief because immigration does fall under the federal level can I get my immigration case review... View More

Kevin L Dixler
Kevin L Dixler
answered on Oct 10, 2022

Statements by politicians ‘are not enough.’ In addition, if a person is “convicted,” past tense, then this can still be an issue in some Federal jurisdictions.

This is not as simple as it seems. The law was passed by Congress. A President cannot change how the law is written....
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1 Answer | Asked in Immigration Law for Florida on
Q: My brother in law came from cuba in June. He was released from Laredo with an i220A and given a court date for 2023

Can he adjust status and his one year under the Cuban adjustment act or does he have to file for asylum. We have been told both. We live near tampa

Kevin D. Slattery
Kevin D. Slattery
answered on Oct 6, 2022

A requirement for pursuing adjustment of status under the Cuban Adjustment Act is that the individual was either inspected and admitted or paroled. At the end of the Obama administration, the government ended its policy of generally granting parole to Cubans who presented themselves without, e.g.,... View More

1 Answer | Asked in Immigration Law for Florida on
Q: For some reason it won’t let me post my question in this section, I’ve inserted into the more information window, Thank

Hi, I’m a current green card holder living in Florida, approximately 16/18 years ago I was convicted of an assault in the 3rd degree (plea bargain), apparently it’s a crime committed without malice and non deportable, I do travel frequently internationally and I’m red flagged without fail on... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Oct 6, 2022

If in the future you would like to spend extended amounts of time outside of the United States as well as enjoy all of the benefits that you have accumulated/earned here in the U.S. while in permanent resident status, it may be advisable for you to seek naturalization. Simple assault is generally... View More

2 Answers | Asked in Immigration Law for Florida on
Q: I met a guy 5 months he came from cuba with an i220 second line, we wanted to stay together and get married but we had

Been told that if we get married he will be Denied the papers or he will be affected in many ways please will you give the correct advise

Kevin D. Slattery
Kevin D. Slattery
answered on Sep 30, 2022

Consider scheduling a consultation with a competent and experienced immigration attorney who can evaluate all of the facts to determine what may be the best course of action. Whether, for example, he was "paroled" can dictate what options may be available, including, e.g., adjustment of... View More

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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
Kevin D. Slattery
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... View 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... View More

Kevin D. Slattery
Kevin D. Slattery
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... View 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...
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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... View 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
Kevin D. Slattery
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... View 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... View 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... View 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
Pamela J. Fero
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
Kevin D. Slattery
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... View 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
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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... View 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... View More

Kevin D. Slattery
Kevin D. Slattery
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... View 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
Kevin D. Slattery
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... View More

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