Florida Immigration Law Questions & Answers

Q: US citizen marrying foreign national on visa waiver and then him departing the UK TO apply for greencard weeks after?

1 Answer | Asked in Immigration Law for Florida on
Answered on Jan 31, 2019
Deron Edward Smallcomb's answer
I believe I answered this question previously, however anytime someone enters as a non-immigrant with immigrant intent, it is considered visa fraud. Typically after 90 days the presumption is lifted, however the visa waiver program is only 90 days, requiring him to overstay. You would be much better suited by getting married and then applying for a marriage visa / Green Card rather than attempting to adjust status. Alternatively, you can apply for the fiance visa which takes a little less time...

Q: Can my partner come to America (he’s British) to marry while on visa waiver program ? He does not intend on staying

2 Answers | Asked in Immigration Law for Florida on
Answered on Jan 30, 2019
Deron Edward Smallcomb's answer
You can marry in the United States right away, if you don't intend on Adjusting Status, otherwise known as applying for the Green Card. Having him return after waiting 90 days at home, and then adjusting status, won't remove the visa fraud issue.

The proper method would be to apply for a immediate relative petition / marriage visa. This process takes about 10 months right now, and the end result would be a Green Card as well. It will cost you less and it carries less risk than...

Q: my girlfriend is ready to fly to Orlando area from Athens Greece with her minor children, to get married and live here

3 Answers | Asked in Immigration Law for Florida on
Answered on Jan 26, 2019
Kyndra Mulder's answer
This is OK if she has a fiancé visa. Coming to the USA on a non immigrant visa with the intention of immigrating is fraud.

i suggest you consult with an experienced immigration attorney to discuss the options for going about this properly.

Q: Hello, Me comunico por esta vía, para solicitar de su valiosa colaboración, explico a continuación mi situación

1 Answer | Asked in Immigration Law for Florida on
Answered on Jan 24, 2019
Kelli Y Allen's answer
You need to have a full consultation with an immigration attorney to make sure they are eligible to adjust status and to make sure they are not already US citizens.

Q: In the US naturalization process, if one was outside US for over 1 year, does the 5 year clock starts from scratch?

1 Answer | Asked in Immigration Law for Florida on
Answered on Jan 24, 2019
Kevin D. Slattery Esq.'s answer
Barring your wife having submitted and received an approval of an Application to Preserve Residence for Naturalization Purposes (Form N-470), your wife would need to wait to apply for citizenship four years and one day after returning to the United States from her trip that lasted more than 1 year. The reentry permits may excuse your and your wife's absence of more than 1 year in terms of you not being accused of having abandoned your permanent resident status, but that does not prevent a...

Q: Is it possible for a U.S. citizen to marry a Mexican citizen, and for said Mexican citizen to gain legal residency?

2 Answers | Asked in Immigration Law and International Law for Florida on
Answered on Jan 16, 2019
Kelli Y Allen's answer
Yes, it is but the timing and specific process vary greatly and depend on a number of factors. I highly suggest having a full consultation with an experienced immigration attorney who can analyze the specific situation and explain the process that would apply to your case.

Q: If I am married to an illegal immigrant and have a child do I need his consent for adoption in the State of Florida ?

2 Answers | Asked in Adoption and Immigration Law for Florida on
Answered on Jan 14, 2019
Terrence H Thorgaard's answer
You need his consent, unless the conditions for waiver of consent apply. The fact that he is not a legal immigrant is not such a condition.

Q: How much would my house hold of 3 need to make annually to get our child's Godmother sponsored as a live in nanny?

1 Answer | Asked in Employment Law, Family Law, Immigration Law and Tax Law for Florida on
Answered on Jan 13, 2019
Allen C. Ladd's answer
Sorry, I don't see how you can accomplish what you want to do, under the US immigration laws.

Q: Can a traffic moving violation affect a H1B application?

2 Answers | Asked in Traffic Tickets, Employment Law, Immigration Law and Car Accidents for Florida on
Answered on Jan 5, 2019
Allen C. Ladd's answer
Thank you for your very thoughtful and courteous question! I don't see any problem at all with the H-1B process. It's when driving and alcohol mix that there are serious serious consequences. Piacere!

Q: My R1 visa is still in processing and I have to leave to my country. Do my R2 dependents need to leave as well with me?

1 Answer | Asked in Immigration Law for Florida on
Answered on Jan 4, 2019
Allen C. Ladd's answer
Answers:

You can leave, but the employer/petitioner must contact USCIS and request "consular notification" of the approval, versus "change of status."

You will have to wait out the approval, before you may apply for the R-1 visa to return. Doubtful you will be allowed back in the interim on your B1/B2 visitor visa, since the R-1 visa petition (not "visa") is pending.

Your dependents may need, and probably will need, to leave the USA with you. Once you leave, it will...

Q: I’m an illegal immigrant who recently married a US citizen. We have applied for a green card. I want to know my rights.

2 Answers | Asked in Immigration Law for Florida on
Answered on Jan 4, 2019
Allen C. Ladd's answer
Whew, that's too broad to answer in this forum. You MUST make an appointment with an immigration lawyer and discuss this with him or her, to be sure you have covered all relevant legal issues. Go to www.aila.org to find a lawyer in your area, or call the Florida bar on its toll-free number and ask for the lawyer referral service for a low-cost consultation.

Q: Got married and divorce to a us citizen and overstay my visa for over 180 day. Can i be in trouble with immigration?

1 Answer | Asked in Immigration Law for Florida on
Answered on Dec 19, 2018
Hector E. Quiroga's answer
You are currently out of status, so yes. If you are detained, you could be placed in removal proceedings.

Q: I'm married with a American citizen, I would like to apply to the green card, what is the right form to fill up?

4 Answers | Asked in Immigration Law for Florida on
Answered on Dec 6, 2018
Ms Grace I Gardiner's answer
My recommendation is that you look for a free consultation with an immigration attorney. There is more involved than filling forms out.

Q: Should my 23 yr old nephew go to the green card interview with mom since he was arrested for smoking weed in 12/2017?

1 Answer | Asked in Immigration Law for Florida on
Answered on Dec 3, 2018
Kevin D. Slattery Esq.'s answer
Any time an individual seeking some type of U.S. immigration benefit has past criminal history, it is wise to bring copies of the criminal case documents to an immigration attorney for analysis. Without seeing those documents and without asking a series of questions, it is impossible to say one way or the other whether the situation you are describing above will pose a problem. Schedule a consultation with a competent, experienced immigration attorney. Some offer online Skype consultations.

Q: Can I bring an interpreter to asylum interviews or is that not allowed?

1 Answer | Asked in Immigration Law for Florida on
Answered on Dec 2, 2018
Ana S. Mendieta's answer
You MUST bring your own interpreter to your asylum interview. One will NOT be provided to you. Your attorney cannot be your interpreter, nor can your witness nor a representative or employee of the government of your country. Your interpreter must be 18 years or older.

Even if USCIS will not provide interpreters for the interview, they use contract interpreters to monitor asylum interviews at local asylum offices and other locations by telephone, and this might of confused you. If...

Q: Can I solicit a tourist visa for the mother of my child of Honduran citizenship. Our baby boy has an American passport

2 Answers | Asked in Immigration Law for Florida on
Answered on Nov 30, 2018
Kevin D. Slattery Esq.'s answer
Are you a U.S. Citizen? If so, and if you are not yet married to your child's mother, then a K-1 fiancee case may be appropriate. One would need to know, however, whether your child's mother has any criminal history or negative past U.S. immigration history that could complicate such a case. If you are a U.S. Citizen, another possibility could be that you marry abroad, and then pursue a family-based immigrant visa for your wife. You likely should schedule a consultation with a competent...

Q: My girlfriend is currently in Florida on a work Visa: AuPair. She wants to quit her job and enroll in College, advice?

1 Answer | Asked in Immigration Law for Florida on
Answered on Nov 26, 2018
Kevin D. Slattery Esq.'s answer
She should schedule a consultation with a competent immigration attorney. If she is hoping to do a change of status from within the United States, maintaining lawful nonimmigrant status at all times is imperative. Again, she should seek the advice of an attorney who can review all strategies with her.

Q: My daughter entered THE LOTTERY in Canada. I'm a citizen, can I also file form I-130 ?

2 Answers | Asked in Immigration Law for Florida on
Answered on Nov 14, 2018
Sheri A Benchetrit's answer
Yes you can file an I 130 for your daughter, but if she is over the age of 21, and if she is married, her place in line will be further back and it may take a few years before it is her turn in line.

Q: Can I travel while my green card is about to expire in 5 months ?

1 Answer | Asked in Immigration Law for Florida on
Answered on Nov 14, 2018
Ms Grace I Gardiner's answer
Yes you can travel provided that you trip is less than the five months

Q: I got married in Dec2014 but only received my first green card in Jan2018 how long i wait before apply for citizenship?

1 Answer | Asked in Immigration Law for Florida on
Answered on Nov 8, 2018
Cheryl Fletcher's answer
If your spouse is a US citizen and you are still married and living together, you are eligible for naturalization 3 years from the day you became a lawful permanent resident.

Best,

Cheryl Fletcher, Esq.

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