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Florida Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Florida on
Q: Hi, I have the IR1 visa in my passport until July. I am planing to enter in USA in May and spend 1 month, after leave

Leave back in Europe and take my exams.

And come back in Usa by September. Is tjat going to be ok for immigration?

Agnes Jury
Agnes Jury
answered on Mar 10, 2021

Once you have your green card (which hopefully you will receive within the one month you will be in the US in May), leaving the US for 3 months should not be a problem. Just be ready to explain why you left for 3 months so quickly after becoming a US citizen in case the Border Patrol officer asks.... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: My father has a Form 1551, Jan 77, Permanent Resident Card. He has to renew his DL in FL will he have a problem?

He has never renewed is Form 1551, Jan 77, Permanent Resident Card. He has to provide proof of identification (Green Card) when reinstating his driver license, will he have any issue providing his Green Card?

Kyndra L Mulder
Kyndra L Mulder
answered on Mar 8, 2021

The general rule is that a person's card expires but their status does not. He is an LPR. However, his card should have been replaced a long time ago. It will be up to the DMV whether to accept the card as identification OR as evidence that he is in the US with lawful status.

I...
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1 Answer | Asked in Criminal Law and Immigration Law for Florida on
Q: what are my chances of getting my citizenship if I am going to court for a aggravated assault and offered PTI in Florida

I am recently going to court for an aggravated assault with a deadly weapon in St Petersburg Florida. I was offered PTI program I have court on the 15th of this month to decide whether or not the court will accept my application. there's a high chance of my case being dismissed.

Kyndra L Mulder
Kyndra L Mulder
answered on Mar 1, 2021

The crime is an Aggravated Felony and a Crime of Violence. This is a deportable offense.

Dismissal after completing PTI is an admission of guilt.

You are not only likely to be denied Naturalization you may be placed in removal proceedings.

I suggest you or your attorney...
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1 Answer | Asked in Immigration Law for Florida on
Q: Can a neighbour (US citizen) with previous felonies co-sponsor my Affidavit of Support for a spouse visa for my wife?

I am currently unemployed and therefore, do not meet the financial requirements to support my wife with our spouse visa application? Will a close neighbour with the required assets be able to co-sponsor her? She has previous felonies for drug related offences (she left prison over 5 years ago).... View More

Hector E. Quiroga
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Hector E. Quiroga
answered on Feb 25, 2021

As long as she is willing/able to meet the financial and legal obligations of doing so, yes. The fact that she has a felony conviction in and of itself should not be a barrier.

1 Answer | Asked in Immigration Law for Florida on
Q: what happens if an immigrant child runs away

would it affect the childs immigration process?

Kyndra L Mulder
Kyndra L Mulder
answered on Feb 9, 2021

In general a child is not held accountable for any inadmissibility or deportable offenses. Running away is neither. For more specific information more facts are required.

5 Answers | Asked in Immigration Law for Florida on
Q: When can I file the petition for the K1 visa?

I met my girlfriend now fiance back in august 2019, when can I petition for the K1 visa? We have already met twice.

Kevin D. Slattery
Kevin D. Slattery
answered on Feb 2, 2021

As the saying goes, "There's no time like the present." - particularly given the requirement that you and your fiancée have met physically at least once during the 2 year period immediately preceding the filing of your Petition for Fiancé(e). Consider scheduling a consultation... View More

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4 Answers | Asked in Immigration Law for Florida on
Q: I am a US citizen..My mother have Tourist visa, she is 86 and recently my father died,she is leaving in Ecuador ,

I am planning to get her here to live with me..Can I ask the immigration officer for adjust of status at the port of entrance ? O need to start the petition while she is over there? ..She is alone in Ecuador...my brother and sister can’t take care of her but I am

Kevin D. Slattery
Kevin D. Slattery
answered on Jan 19, 2021

Consider scheduling a consultation with a competent and experienced immigration attorney who can advise you and your mother the proper procedure for immigrating permanently to the U.S. given her intent to do so from outside of the United States. If she has preconceived intent from outside of the... View More

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2 Answers | Asked in Criminal Law and Immigration Law for Florida on
Q: If I received a citation to appear in court, is this considered an arrest when I asked " If I've been arrested"?

I received a citation to appear in court by a police officer for a misdemeanor petit thief. I went to court (never to jail) and then the charges were eventually dropped. Now I am going for my interview for my USA Citizenship. When they ask me "if I have been arrested"; can I still say... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 13, 2021

No, it's not an arrest.

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1 Answer | Asked in Family Law and Immigration Law for Florida on
Q: I was born in PR lived in Florida my entire life. Legally changed and removed my first name. Need new BC and PR won't

won't send it to me b/c they are saying that they don't have record of my name change. How can I go about obtaining my birth certificate so that I can renew my driver's license?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 22, 2020

You answered your own question when you asked the question: Send PR a certified copy of the final order that changed you name.

1 Answer | Asked in Immigration Law for Florida on
Q: My husband was arrested for domestic violence, the judge released him on conditions, but immigration didn't?

My husband was arrested for domestic violence, the judge released him on conditions, but immigration didn't?

My husband was arrested for domestic violence, he is illegal and has immigration on hold, he received two fines for restraining orders and also for attacking, and there is also... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Dec 19, 2020

You may be the person that called me earlier this week.

Your husband may be deported simply because he is here with no status.

Misdimeanor Domestic Violence is not a crime of violence in Florida and not a deportable offense. However violation of a restrating order may be....
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2 Answers | Asked in Immigration Law for Florida on
Q: Visa extension denied, assuming that we get a NTA, can we take voluntary departure before the court hearing?

Hi,

We have just had our visa extension denied and are now out of status unfortunately it is proving really difficult to wrap everything up and arrange exit before the end of the appeal window in the first week of January. Both Christmas and Covid are causing delays but we are trying to... 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 Dec 18, 2020

Assuming you get an NTA and a Notice of Hearing before an Immigration Judge, and you can provide for your transportation and fulfil the requirements as required by law [INA § 240B(a)], then the Immigration Judge may grant you a voluntary departure period of not more than 120 days from the time of... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: If I was under 18 when I came to the US on a green card but my father is a US citizen, I'm i a citizen Now I'm over 18?

Or do I need to fill the paper work and take the test?

Kyndra L Mulder
Kyndra L Mulder
answered on Dec 11, 2020

Provider you and your father meet all other requirements and he became a USC when you were under the age of 18; you are a USC. File the N-600 to receive a Certificate.

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3 Answers | Asked in Immigration Law for Florida on
Q: I would like to know if It’s possible to apply for fiancée visa during this Period?
Mario Musil
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Mario Musil
answered on Dec 10, 2020

Yes, fiance visas are being processed even during the pandemic. There are delays with interviews, but you can get the process started.

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1 Answer | Asked in Immigration Law for Florida on
Q: USCIS returned H1B package because of wrong start day. Can I correct and resubmit?
Kyndra L Mulder
Kyndra L Mulder
answered on Dec 6, 2020

You can always resubmit the package but the question is whether it will be approved and that depends on the facts as to why the date was wrong.

1 Answer | Asked in Immigration Law, Health Care Law and Medical Malpractice for Florida on
Q: Can me and my partner as LGBT persons apply and be represented for asylum in Florida.We entered USA few days ago in NYC

My name is Veljko, I am a 44 years old and HIV positive male originally from Serbia. I have been in a domestic partnership for four years with my fiance Sasha, since we don't have an option to legalize our relationship in our home country.

Back in 2004 I was persecuted for the first... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Nov 24, 2020

You can apply for asylum. the question is whether you have a testiminy and documentation to demonsrate that you qualify for asylum.

Where HIV was at one time a ground of inadmissibility it is no longer. However, you may be required to show that you have insurance to cover your medical...
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3 Answers | Asked in Immigration Law for Florida on
Q: I get married to fix my immigration status but, I’m about to have a baby with my girlfriend how I could do baby sign up

I submitted all the forms for adjustment of status with my American spouse a month ago, however in a few days I’m having a baby with another woman, what are my options to sign the baby under my name as the father without complicating my Inmigracion process? I heard I have a period of time (1... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Nov 24, 2020

Are you asking immigration attorneys to provide you with instructions on how to commit fraud?

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1 Answer | Asked in Immigration Law for Florida on
Q: If a derivative child was not included on the initial i-130 but is showing up in the CEAC to Accompany. can they?

We petitioned only for my aunt but now her son, who has not 18 at the time the petition was filed and is not yet 21 now until May of next year , is showing up on the CEAC/ NVC site and giving us the option to Accompany or follow to join. Would he be able to come over to the USA if he wasn't... View More

Ileana M Rivera
Ileana M Rivera pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 23, 2020

Yes. When you go into the CEAC/NVC website, you can pay the immigrant visa fees and complete the DS-260 application on line.

1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: Im an international student didnt finished my internship contract due to pandemic

The hotel were im taking my internship closed due to pandemic and reopened after few months. I asked my agency here in the US if what can i do so i can continue my and finish my internship but they were asking me for another fee so i can continue it. Can i sue them for that? Its not my fault that i... View More

Kevin L Dixler
Kevin L Dixler
answered on Nov 21, 2020

Unlikely that any success will result, Covid is outside of the program's control. If the program is over, through impossibility of the sponsor, then the intern should leave the U.S. otherwise, it is likely that they will fall out of status as a result. This is likely what has happened, but... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Can I apply for diversity immigration while I am in the United States on a visitors visa
Kevin D. Slattery
Kevin D. Slattery
answered on Nov 5, 2020

To the extent you mean submitting an entry in the DV-2022 program, being here in B-2 status would not preclude you from submitting an entry so long as you meet all requirements for the DV-2022 program. See... View More

3 Answers | Asked in Immigration Law for Florida on
Q: Can I get a drivers permit with a -765 approval letter in Florida
Kevin D. Slattery
Kevin D. Slattery
answered on Nov 5, 2020

The actual work card issued in connection with the I-797 approval notice for the I-765 is what you would want to bring for issuance of a driver license in Florida.

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