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Florida Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law, Traffic Tickets, Civil Rights and Municipal Law for Florida on
Q: Can we get in trouble? Thank you!

Me and my father are living in Florida, and he got the Nevada Driver's License, because there he has the documents that they required. We bought a car in Colorado. But now we are in Florida, with Nevada drivers license only, we don't have the required documents to get a Florida's License. We have... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jun 25, 2019

You probably want to speak with an immigration attorney in Florida. If you do get pulled over, the officer may ask questions that could reveal your legal status in the country. If the jurisdiction in which you are pulled over has an interagency agreement with ICE, simply being pulled over and... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Can I as an undocumented alien get health insurance through my job
Kevin L Dixler
Kevin L Dixler answered on Jun 24, 2019

Your employer may have trouble, because you ‘may’ lack documentation insisted upon by the insurance organization and required by law. The insurance company may require a valid social security number or Tax ID#.

In general, you should not be employed as a matter of immigration law, so...
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1 Answer | Asked in Immigration Law for Florida on
Q: I’m a us citizen Filed application to bring step child have been waiting for two years and 1/2 to hear if she approved
Sheri A Benchetrit
Sheri A Benchetrit answered on Jun 19, 2019

It is not clear from your question whether you are waiting for the I 130 to be approved or whether your case is stuck in consular processing. I suggest that you provide more information to an experienced immigration lawyer so that they can assist you in finding out about the delay, making an... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Hello! I was pending i-539 application to change my B-2 to F-1 visa. However while waiting I got married and me and my

husband applied for green card. I thought my i-539 will be canceled automatically, but it never happened. Yesterday I got the evidence request for F-1 visa mail, so my application is still pending. Tell me please, what should I do to cancel my i-539 application.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jun 17, 2019

Consider scheduling a consultation with a competent immigration attorney to go over in detail all facets of your case. Generally speaking, however, if you no longer have any intent of pursuing F-1 status and so long as there are no inadmissibility issues in connection with your "green card" case,... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: Hi my mom is Canadian citizen she overstayed since July 2017 due to helping Me with my newborn. At beginning we

Do not know as Canadian Only allow to stay for six months since there is no visa on the passport. After finding that out we also learned that she might not able to come back for 10 years if she leaves. So she stayed instead . surprisingly In 2018 she was able to renew her drivers license with... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jun 17, 2019

If you have not already consulted with an experienced immigration attorney, you should likely do so. The 10-year penalty of which you speak is triggered upon departure. If you are a U.S. Citizen and if your mother has the intent to immigrate to the United States, there may be a way to legalize... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: K1 visa question about income

At my fiancees K1 visa interview he was told that I (the us sponsor) does not make enough money to be his sponsor, even tho I make above the required amount, I believe they will not accept it because I am on disablitlity . I was able to get an amount raised to put into my savings. will this be... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jun 16, 2019

You should retain counsel here in Florida to represent you from start to finish so that your case will be handled without delay or complications.

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1 Answer | Asked in Immigration Law for Florida on
Q: Can a Cuban Asylee apply to the Green Card by the Cuban Adjustment Act or does he need to apply as a regular Asylee?

The Cuban presented himself at a border point on the border with Mexico and requested asylum, was detained in a migration center for 3 months, went to trial, won the case and was released as an asylee.

Does this apply as "inspected and admitted or paroled" ?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jun 10, 2019

The answer to your question depends on whether the individual in question was inspected and admitted or paroled. The individual should schedule a consultation with a competent immigration attorney and bring copies of all immigration documentation issued to him or her.

3 Answers | Asked in Immigration Law for Florida on
Q: is it quicker getting an immigration lawyer to get my husband here to the us
Kevin L Dixler
Kevin L Dixler answered on Jun 3, 2019

Nothing is quick. However, due to the complications and challenges in seeking conditional and permanent resident status the process should be quicker to work with an attorney. That is, unless the attorney is inexperienced or is paid too little to effectively and efficiently complete the process.... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: I were admitted at UNF as a student with F-1 visa (I was seeking for it), but while waiting the interview I got married

And we applied for green card. So now I can’t be an F-1 student anymore and I’m confused about my admission. can I study? And if I can what rights I’ll have? (Paying like an international student or resident?)

My university can’t answer me on that and they are saying I need to talk... Read more »

Deron Edward Smallcomb
Deron Edward Smallcomb answered on May 31, 2019

As advised by your University, you should contact an immigration lawyer for assistance.

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2 Answers | Asked in Immigration Law for Florida on
Q: Citizenship

im planning to apply for my n400 but my situation is kinda complicated ..i obtained my LPR thru waiver i was emotionally abused by my ex husband been permanent resident for (5yrs.) we divorced (oct2015) grounds for my adultery i didn’t fight him anymore bcoz i just want to be divorced and get out... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on May 30, 2019

You should schedule a consultation with a competent immigration attorney who can evaluate in privacy all aspects of your case. In addition to making sure that you satisfy all requirements for naturalization, one would want to make sure that any "admissions" in your divorce case do not contradict... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Hi, I was on H1 and got lay off so before end of 60 days of grace period I applied for B2 visa. What are other options?

Can I apply for F1?

Hector E. Quiroga
Hector E. Quiroga answered on May 29, 2019

If you are otherwise eligible, you can apply for an F1, yes. As with any nonimmigrant visa, you must show that you are eligible for the visa and that you will return to your country of origin at the end of your course of study.

2 Answers | Asked in Immigration Law for Florida on
Q: Me and my partner are not married.we have a daughter she is a us citizen..can she claim him..she is a minor.

He is illegal here..

Karina Arzumanova
Karina Arzumanova answered on May 28, 2019

The United States Citizen child can petition his/her parent after 21 years of age. You should consult with an experienced immigration attorney to make sure your partner meets all other eligibility requirements.

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2 Answers | Asked in Immigration Law for Florida on
Q: I am on J1 visa (J1 waiver) and have applied to get an O3 for husbands O1, will I have to leave my J1 instantly upon O3.

I am on J1 visa (J1 waiver) and have applied to get an O3 for husbands O1 and will get an answer soon from the USCIS on its approval. Will that mean I would have to leave my J1 based employment immediately, once it is approved. Or will I get any grace time to leave my current job and move with him.... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on May 22, 2019

O3 visa holders are not permitted to work. If you have filed an I 539 to change your status from J1 to O3 and that form is approved, then legally you can be here in O3 status. However, in order to activate the visa and get the stamp in your passport, you usually have to consular process and have... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: What do I do if my green card is about to expire and they ask me for extra documents to approve my citizenship app???

I had my citizenship interview today and I passed my civics test. But, the officer was really rude and wanted more documents which I could not provide at that time. In the notice did not say that I needed to bring any documents. She was even asking me for dates of birth of my husbands ex wife.... Read more »

Kyndra Mulder
Kyndra Mulder answered on May 20, 2019

Based on the information you provided the documents requested are typical. Had you had an attorney the attorney would have provided the documents with your initial application. What you need to do is provide the documents requested and the information requested.

It sounds like the officer...
Read more »

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1 Answer | Asked in Divorce, Family Law and Immigration Law for Florida on
Q: Any advice on a pending i485 petition through marriage to a US citizen with financial abuse from spouse?

Been married 8 months and he petitioned for me for my green card but we moved to another place because he got a new job, and right after we moved he told me I needed to give him twice as much more money as before if I wanted to continue living with him. It came as a surprise to me because I have... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 13, 2019

Your best bet is to discuss all these concerns with a marriage counsellor or a divorce lawyer.

1 Answer | Asked in Immigration Law for Florida on
Q: Can you change a tourist visa to a work visa if offered a job while in us from Israel?
Sheri A Benchetrit
Sheri A Benchetrit answered on May 10, 2019

The answer to your question is not so simple. There is no generic work visa. You can be sponsored by an employer for a visa but which type of visa depends on your skill set and a number of other factors.

Your best bet would be to make an appointment with an experienced immigration lawyer...
Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: An Israeli on a tourist visa already had 6 month extension. Here 1year. Can switch to work visa?

My daughter met this man and been dating 2 months. She can get him a job. Doesn’t want to marry him just to keep him here in us, but wants to pursue this relationship

Sheri A Benchetrit
Sheri A Benchetrit answered on May 10, 2019

No he cannot work while here on a tourist visa. That would be illegal and a violation of the terms of his visa. Without more information about his skill set, etc., I cannot tell you if he would be eligible for any other type of visa that would allow him to work. I would suggest that you make an... Read more »

1 Answer | Asked in Family Law and Immigration Law for Florida on
Q: How have I change my last name in my immigration documents after marriage? Do I need to go in my country embassy?

Immigration law

Sheri A Benchetrit
Sheri A Benchetrit answered on May 9, 2019

It is not clear from your question if you are asking how to change your name in your passport, your green card or both. If you wish to change your last name in your passport, you would need to apply for that change with your country's embassy or consulate in the U.S. if you are in the process of... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: My daughter is Dating an Israeli for 2 months. His tourist visa expires 2 months. How can he stay longer
Myron Morales
Myron Morales answered on May 8, 2019

He can apply for a six month extension on Form I-539.

1 Answer | Asked in Immigration Law for Florida on
Q: If I received a Final Order of Removal in absentia, and departed after receiving the order, can I still file an MTR?

If I received a Final Order of Removal in absentia, and departed after receiving the order, can I still file an MTR?

Sheri A Benchetrit
Sheri A Benchetrit answered on May 6, 2019

Motions to reopen Orders of Removal in Absentia are very complicated and must be handled by an experienced immigration attorney. A Motion to reopen based on lack of proper notice can be filed anytime. This means that a motion may also be filed after a person has departed the US. I suggest that... Read more »

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