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Florida Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Florida on
Q: I am a Kosovam citizen currently on a work and travel visa for 4months. Can I convert my visa to a student visa?
Yohan Zingile
Yohan Zingile
answered on Jun 28, 2022

You can change status to student visa. You need to meet the requirements to get a F-1 visa, get accepted into a school that is certified by the Student and Exchange Visitor Information System and authorized to issue to received for international students. We need to assess your situation in details... View More

1 Answer | Asked in Immigration Law for Florida on
Q: I got banned for some year for overstay can a Hranka waiver help me? I have a critical situation going on.

Hi, I was living in the states for most of my life and and its my home. I was in the process if getting my residence from my mom who got hers from my brother who is American born but my mom passed away unexpected and did not finish the paperwork and the case was closed. I voluntarily left the... View More

Monica E Rottermann
Monica E Rottermann
answered on Jun 20, 2022

An INA 212(d)(3) waiver is entirely discretionary and it may be difficult to obtain if you have previously been present in the United States unlawfully for a significant period of time. Additionally, this type of waiver is only available with an application for a non-immigrant visa, so even if you... View More

1 Answer | Asked in Immigration Law for Florida on
Q: I've been out of the US for 8 years. My green is expired by 1 year. I am trying to reenter. What steps should I take?

I am in St. Kitts. The closest U.S. embassy is in Barbados. I would like to avoid going there. Can I feasibly reenter the US and apply to renew my status there?

Kevin D. Slattery
Kevin D. Slattery
answered on Jun 10, 2022

Based on your facts as you present them, it seems that, if you are intending as reentering as a permanent resident, you would need to apply for an SB-1 returning resident visa, but the likelihood of success may be low given your length of time outside the U.S. A consultation with a competent... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Can a re-entry permit be used as passport to travel to other countries? I'm a LPR w/o passport from country of origin.

I cannot get a passport from country of origin. So, can i show the re-entry permit booklet instead of a passport.

Agnes Jury
Agnes Jury
answered on May 18, 2022

No. The re-entry permit is only relevant to the US Border Patrol. You need a passport to travel to other countries. Best wishes!

1 Answer | Asked in Divorce, Child Custody and Immigration Law for Florida on
Q: I’m here from Haiti on a Visa and am awaiting on my green card document. I want to divorce my husband still in Haiti.

He still lives in Haiti and does not want the divorce because I’m the sole provider for us and our daughters and he doesn’t want to work.

Rand Scott Lieber
Rand Scott Lieber
answered on May 4, 2022

If you meet the residency requirements (lived in Florida for six months as your permanent home) then you can file for divorce in Florida. If the child is living in Florida then those issues will be addressed in Florida. If the child still lives in Haiti then Florida would not have jurisdiction to... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Hola,salí con I220A segunda casilla marcada con corte para el 2023,a quien debo pedir residencia a USCIS ò al juez?
Ileana M Rivera
Ileana M Rivera pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2022

Estimado(a). Los casos en la corte son muy delicados y es recomendable ver en detalle todosdocumentos de la corte antes de hacer una recomendacion. Si gusta podemos ofrecerle informacion en privado llamando a nuestra oficina. Terra Immigration Partners en Orlando, Florida.

2 Answers | Asked in Immigration Law for Florida on
Q: I-130 through marriage into widow petition, Does it convert automatically or I-360 has to be filled

My suppose passed away right before scheduled interview for adjustment status, I asked USCIS to reschedule the interview, then later sent them a copy of a death certificate (end of January), never heard back (it’s almost May now),

Last notice in my online account ‘we received the... View More

Patricia C. Wall-Santiago
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Patricia C. Wall-Santiago
answered on Apr 20, 2022

I am so sorry for your loss.

(1) Was a copy of a death certificate sufficient? Yes, unless USCIS expressly requests the original.

(2) Do I need to send a widow petition (Form I-360) along with a copy of the death certificate or is it converted automatically? It converts...
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1 Answer | Asked in Immigration Law for Florida on
Q: How do I correct my Illinois birth certificate to obtain a passport

I am 72, my dad legally changed the family name in 1958. I have gone by my existing name since 1958. I need my name to match to apply for passport!

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 11, 2022

Assuming that your father went to court to change the family name (including yours) in 1958, you would need a certified copy of the court decree. Contact the clerk of that court. I don't know how they do things in Illinois, but normally you would not need to "correct" the birth... View More

1 Answer | Asked in Immigration Law for Florida on
Q: W. document do I need to apply to travel out the US as a Perm. Resident that cannot get a passport from his own country

I cannot get a Passport from my own country nor can travel outside to get it. I want to go to Mexico on a vacation,which Travel document can i apply to.

Kevin L Dixler
Kevin L Dixler
answered on Apr 6, 2022

Don't make any plans to travel until you file and the USCIS actually issues a Re-Entry Permit. It can take a long time. That said, the better option is to try to file for naturalization provided that you qualify as a matter of law and are not otherwise disqualified. In these situations, I... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Just became Permanent res. cannot get a passport. Which travel doc do I need to appl to. (Ad parole, travel permit) thx

In any case, which countries accept that "travel Document"

Agnes Jury
Agnes Jury
answered on Apr 6, 2022

If you are a permanent resident then you can travel internationally without the need for any other permit. You must have a valid passport from your country of origin and the valid green card at the time of travel. Best wishes!

4 Answers | Asked in Immigration Law for Florida on
Q: B1/B2 visa expired for me, my wife and my daughter. My son was born in the US. What are my options?

I have electrical engineering diploma from Brazil and have a job offer to work in the US -- but cannot work without proper working permit.

Kevin L Dixler
Kevin L Dixler
answered on Apr 5, 2022

More information is needed. How long have you resided in the United States? When did your I-94 entry card expire? Have you retrieved it? If so, when does your I-94 expire? A visa is valid for 'entry' up until the time that it expires! We need to know more information to decide... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: If i was involved in a fraudulent marriage 10 years ago, no charges filed, he got deported then why are we still married

This happened over ten years ago. I ended up telling the truth during the immigration meeting and he ended up getting deported shortly after. I'm just wondering why we are still married if it was deemed a fraudulent marriage?

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Mar 25, 2022

For the purposes of immigration it was deemed fraudulent. You have to take steps to divorce him so that the marriage ends and you can remarry, say you are divorced and single and so on. Talk to an attorney.

1 Answer | Asked in Criminal Law, Immigration Law, Real Estate Law and Constitutional Law for Florida on
Q: Is it right to arrest a person on a boat with foreigners and bring them into the country and charge him for smuggling?

And charge him for illegal entry when he was brought into the country? What happens to his boat while he is being charged? How can he acquire the boat back?

Michael  Mayoral
Michael Mayoral
answered on Mar 16, 2022

Potentially yes. Hire a criminal defense attorney who handles federal charges/crimes.

1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: Can a work visa from the Philippines be transferred to a live in nanny/caregiver visa and granted to a family?

Philippine resident is here on work visa (with the public school system) that is due for renewal in August. We would like to hire this person as a live in nanny/caregiver as well as educational support for our son who is 3 and gifted, there is not an easy solution for his education at this time. We... View More

Agnes Jury
Agnes Jury
answered on Mar 15, 2022

It depends on what visa she is here on now. This is a type of question that is best addressed through a consultation with an experienced employment immigration attorney. You can find one here at Justia, Avvo.com or AILA.org. Best wishes!

2 Answers | Asked in Immigration Law for Florida on
Q: Hi! I am originally from Russia. Came to USA in 2009 with J1 visa.

During all this time I was out of status. My ex boyfriend had DACA at that time. We we hoping to get married but everything went bad and we separated because he started getting aggressive. Since i was out if status i was planning to go back to Russia with my daughter, but now it is not safe there... View More

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2022

Hi. Your situation sounds too complex to discuss on a blog. It will definitely require an analysis that you want to do in private with an immigration attorney. The biggest problem that I see is the apparent 'unlawful presence' after the expiration of your J1 visa. You need to speak to an attorney.

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1 Answer | Asked in Immigration Law for Florida on
Q: As a Uber driver do they look at gross or net?

What Uber reports and what I make is two separate things. I made 21k and it was filed as if I only made 1838 after deductions. No where near the poverty limit. What should I do? Will I be able to help my wife ?

Kevin L Dixler
Kevin L Dixler
answered on Mar 1, 2022

It seems like you will need a joint sponsor, where you cannot prove that you earned 125% of the HHS Poverty for the year that you filed within. If you are confused, consider seeking legal help from an experienced immigration attorney or not for profit legal organization that provides immigration... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Interfile to EB2 or wait in EB3?

I am from India I have a priority date of EB2 Nov 29th 2011. I downgraded and filed my Concurrent AOS application ( I485+ I140) in August 2021 in EB3 category. My I140 in EB3 was approved in October of 2021. My application was in Texas Service Center and Texas service center is very slow and... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 21, 2022

You have an investment visa, that means that you have to create and submit legitimate sufficient financial means or funds to qualify for such. Any of such investment Visa require a licensed attorney to submit review and file everything correctly. You would be in the best position to seek an... View More

1 Answer | Asked in Immigration Law for Florida on
Q: I applied for a return visa to france on the 5th of november, it has been almost 3 months and nothing, can I sue them?

I am a moroccan student who studies in france through a staying permit and came to the US as an exchange student. I lost my wallet including my staying permit in the united states. So I applied for a visa to go back to france on the 5th of november. My us visa ended on the 17th of december and I... View More

Kevin L Dixler
Kevin L Dixler
answered on Jan 23, 2022

It is unfortunate, but losing visa documents can prove devastating. It seems that you have chosen not to leave, so you have fallen out of status. The longer that you stay, the less likely that you will be able to return. Your U.S. visa may be eventually be canceled or revoked.

Given,...
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1 Answer | Asked in Immigration Law for Florida on
Q: Green Card through Parent? How do I go about this?

Hello,

I am a DACA recipient and an adult (21+) child of a Green Card holder.

What's the most efficient and low-cost way for me to get permanent residence?

I have read about the forms I-130 or I-485, but I am not sure which one I would apply to first, etc. I also... View More

Ana S. Mendieta
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Ana S. Mendieta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2022

Dear DACA recipient,

May I firstly assume you are an 'unmarried' son or daughter of a Permanent Resident.

For purposes of definitions, you are not a child; you are a son or daughter, because you are 21 years old or older.

You are a DACA recipient, meaning you...
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3 Answers | Asked in Immigration Law for Florida on
Q: I am a foreign National currently in the US, in process of getting a F1 visa and I married a permanent resident

With a DUI, Can he sponsor me for a spouse visa?

Adan Vega
Adan Vega
answered on Jan 14, 2022

If you are married to a lawful permanent resident then the FORM I-130/I-130A can be filed with USCIS by the permanent resident spouse. The FORM I-485 can also be filed with USCIS if the Visa Bulletin ( See the USCIS website) indicates that a visa is available at the time of filing. You should... View More

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