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Florida Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Florida on
Q: I am Cuban. If I exceed the time permitted on my ESTA vista can I rely upon CAA 1966 to get a green card? I'm with famil

I am a Cuban dual national born in Cuba. I want to stay with my family in the US. If I exceed the time permitted on my ESTA vista can I rely upon the CAA 1966 to be able to stay in the US? Will they ask for documents pertaining to my other nationality? Thank you for your answer in advance.

Kyndra L Mulder
Kyndra L Mulder
answered on Oct 17, 2020

You will need to show that yu are eligible for the benefit sought. So, yes yoi will neede to provide ALL information and documentation requested.

Secondly, Now that relations have been partially restored with Cuba you may be required to show that you did not have immigration intent when you...
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2 Answers | Asked in Immigration Law for Florida on
Q: Confused about green card interview

Went to the green card interview today and presented the evidence that was on the letter. This included papers from my bank showing my husband was added (hubby is the immigrant), car insurance cards showing he was added to the car insurance, copy of taxes to show we filed jointly, proof we were on... View More

Mario Musil
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Mario Musil
answered on Oct 16, 2020

The appointment letter generally shows examples of things that could be used to prove a bonafide relationship. Each relationship is different and will have a different mixture of bonafide evidence. Some couples will have extensive financial ties, and few pictures and no children. Other couple will... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: I am a permanent resident and I want to know if I can married my boyfriend (who lives out of the country).

I am a permanent resident and I want to know if I can married my boyfriend (who lives out of the country) and have him go back to his home country. When I gain citizenship (I applied already and I am in my sixth month of waiting for an interview), I could have him come back to the USA and filed an... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Oct 1, 2020

You can marry him while you are only a permanent resident and can in fact file for him while you are only a permanent resident. His case will be placed in the preference category line. After you naturalize, you can always "upgrade" it to "spouse of U.S. Citizen." As far as... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: I am a dependent in an asylum pending case. I fall in the C8 category.For my initial EAD, do I need to pay the fees?

Talking about the filing fees, because I do see there is an exception for the category C8 that the fee is not requested.

Adan Vega
Adan Vega
answered on Sep 30, 2020

USCIS is instructing the following:

You must also pay the filing fee of $410 and an $85 biometric services fee, for a total of $495, if you are filing with one of the following eligibility categories: 

• (c)(8) Applicants with pending asylum applications requesting initial and renewal EADs;

1 Answer | Asked in Immigration Law for Florida on
Q: Can I travel to Hawaii being a deported Cuban? I was deported but Cuba doesn’t take me back so I have a work permit

I was deported by a immigration judge But being Cuban, Cuba didn’t take me back so I was left in the us under supervision, can I travel to Hawaii I have a state Id license, a social security and work permit.

Adan Vega
Adan Vega
answered on Sep 25, 2020

If you are under supervision with ICE, I recommend that you discuss this issue with an ICE officer at the time that you report with ICE.

Good luck to you.

1 Answer | Asked in Immigration Law for Florida on
Q: Does a lawyer need to assist me with the I-130 after I file and complete it on my own?

I am re-filing for a parent. My lawyer said in order to re-file, I would need to start with an I-130, request a FOIA (EOIR) and resubmit an I-212. I just wanted to know if I can do the I-130 on my own that way it is less costly on my end.

Adan Vega
Adan Vega
answered on Sep 21, 2020

In your case, you should consult with an experienced immigration attorney who can thoroughly outline all of your options for immigration benefits and what you can file with USCIS at this time.

The attorney can discuss with you whether the FORM I-212 is required.

The FOIA is always...
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1 Answer | Asked in Immigration Law for Florida on
Q: Form G-28

hi i have a question for you.

I have pro bono lawyer who is representing me filing form i-130, unfortunately, my lawyer did not ask me to sign the form g-28 and he already filed the form i-130. What happens in that situation? Will my application be processed or get rejected? please advise... View More

Adan Vega
Adan Vega
answered on Sep 21, 2020

A filing with an unsigned FORM G-28 can be processed by USCIS as a pro se filing and the receipt will be sent directly to you. In the alternative, USCIS can deem the unsigned FORM G-28 as incomplete and return the entire package to you or your attorney.

1 Answer | Asked in Immigration Law for Florida on
Q: Immigration: Hi I received a new employment authorization card. My "cathegory" was changed from C09P

Is it a good sign? Does anyone knows what next if so? Thank you

Adan Vega
Adan Vega
answered on Sep 21, 2020

The EAD with the CO9P classification indicates that you filed for adjustment of status and you have received employment authorization and an advance parole document.

The EAD with the new classification indicates employment authorization based under a different category. You can view the...
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1 Answer | Asked in Immigration Law for Florida on
Q: Hi I received a new employment authorization card. My "cathegory" was changed from C09P to C31

Is it a good sign? Does anyone knows what next if so? Thank you

Adan Vega
Adan Vega
answered on Sep 21, 2020

The EAD with the CO9P classification indicates that you filed for adjustment of status and you have received employment authorization and an advance parole document.

The EAD with the C31 classification indicates employment authorization based on a VAWA petition.

You seem to have...
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2 Answers | Asked in Immigration Law for Florida on
Q: Can nonimmigrant (student visa) change their name after getting marriage to Us citizen ( but before apply green card

No

Mario Musil
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Mario Musil
answered on Sep 21, 2020

Generally, to change your name, you have to change your ID documents. If you do not apply for a permanent resident card, then to change your name you would change it on your passport (or other ID document) with the country that issued it.

If you apply for your green card, you can change...
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4 Answers | Asked in Immigration Law for Florida on
Q: looking for immigration attorney for help on my 751 application. I am 100% legal in the USA since 1999 i need help
Ify Princess Ikeakanam
Ify Princess Ikeakanam
answered on Sep 17, 2020

Hey, Have you already applied and been waiting for years? Thats a theme for 751 these days.

Or is this a new application? I can help you with that.

Please contact me to discuss the details of your case.

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4 Answers | Asked in Immigration Law for Florida on
Q: Fiance visa

I am a US citizen and I want to bring my boyfriend from Dominican Republic to the United States. I would like to know which would be the best and fastest way - should I merry him in DR or should I apply for the fiance visa here in the US ?

Ileana M Rivera
Ileana M Rivera pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2020

The answer to your question depends on a variety of factors. To apply for the fiance visa you must have met in person first. If you did, then that may be an option. After it is approved and your fiance is in the US you should get married within the 90 days of arrival. If you want to marry in DR... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: I filed to be a financial sponsor for an international student to get his F-1 visa. How can I rescind this?

Our relationship has changed, and I no longer feel comfortable vouching for his financial viability. I know if he drops out of school or something else, they can come to me for the remainder of the tuition and fees payment due. Is there anything I can do to prevent this from happening? Is there... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Sep 13, 2020

You can not. You enetered into contract with the US Government wherein you agree to assume financial responsibility unless or until a few conditions occur that terminate your responsibility. You can read upiur responsibilities on the form you signed before the signature.

3 Answers | Asked in Immigration Law for Florida on
Q: i have political asylum from venezuela. my wife is citizen, what form do i need to complete? i-130 or i-485 or both?
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 Sep 7, 2020

Dear Writer,

You write: "I have political asylum from Venezuela" (?).

May I assume you filed Form I-589, Application for Asylum and for Withholding of Removal with USCIS and that you are a national and citizen of Venezuela. I am also assuming, you are now married to...
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2 Answers | Asked in Immigration Law for Florida on
Q: A 16 year old is in the US on an ESTA from Hungary, living with his father who is a citizen. How does he get citizenship
Kevin D. Slattery
Kevin D. Slattery
answered on Sep 1, 2020

It would be best to schedule a consultation with a competent immigration attorney. There are additional details that are needed in order to be able to provide an answer. There can be different paths to citizenship depending on one's facts. Many law firms, including my office, are providing... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: H1B Question

My F1 status expires 09/15/20. I filed a change of status I-539 on 08/19/20 after I was in a car accident, it's pending. I have a job offer that will submit H-1B (cap-exempt) but they won't be able to get it in before 09/15/20. Can they still submit it even after this date?

Linda Liang
Linda Liang
answered on Aug 28, 2020

I-539 makes things a little complicated. If you filed extension on August 19, 2020, your unauthorized stay will not be accumulated. Yet it does not mean you are in status. Nevertheless, your best bet is to file H1B as soon as possible and attach a the receipt of I-539.

4 Answers | Asked in Immigration Law for Florida on
Q: I am a Us citizen and my husband and I will like to bring his daughter and her mother to Usa, how?

The child is a minor and we feel she needs to come to USA with her mom.

Kyndra L Mulder
Kyndra L Mulder
answered on Aug 25, 2020

Your husband can sponsor his mother once he is a USC. He can go ahead and file the Alien Relative Petition now. His mother will need to apply for immediate join to follow when she gets her LPR status. Whether the daughter will age out first depends on her current age.

I suggest you consult...
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4 Answers | Asked in Immigration Law for Florida on
Q: When submitting form I-485 do we also send documents proofing relationship?

Hello, my American citizen husband and I got married back in June of 2018 here in Florida, right after we got married, we sent the form I-130 only, together with a lot of documents and photos that proof our relationship through the years we’ve been together, it took a whole year to get approved,... View More

Adan Vega
Adan Vega
answered on Aug 16, 2020

You can present the FORM I-485 To USCIS with the approval of the FORM I-130 and evidence of your marriage dating from the time of the filing of the relative petition. You can file the FORM I-765 and possibly the FORM I-131 if you have not accumulated more than 180 days of “ unlawful presence”.... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: I-539 Change of Status Application

I am completing a change of status application for a change of status from F1 to B2. My OPT expired 07/17, I am in grace period until 09/15. My I-94 says D/S. To answer the question “What date are you requesting your requested status be extended until?” Is it okay to start counting the 180 days... View More

Linda Liang
Linda Liang
answered on Aug 13, 2020

The question is "what date are you requesting the status to be extended until"? But you are changing status, not extending... Thus this question does not apply to your case. You need to focus on applying for B2 visa.

1 Answer | Asked in Immigration Law, Tax Law and Workers' Compensation for Florida on
Q: Is it legal to do part-time freelancing for a company in India while working full-time on H1B in USA?

Hello,

Currently, I am working full-time on H1B visa at company A located in USA. I also have an offer to work part-time in India at company B as a freelancer.

Can I do both these jobs legally? Also will I have to pay taxes in India or USA for whatever I earn from company B which is... View More

Linda Liang
Linda Liang
answered on Aug 12, 2020

As long as you keep your job in US which is the base for your H1B, you are free to do anything.

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