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Florida Immigration Law Questions & Answers

1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law for Florida on

Q: Employer failed to update my I9 with HR and didn’t let me work but I have copy of updated info. It was their mistake

Hi: I informed my employer of my status changing from EAD to green Card as soon as it did. I went 3 weeks ago and updated my I-9 and presented my card, signed my I9, and received a copy of it. The manager somehow felt to upload the new info into their system, and today I was told I couldn’t work... Read more »

Bruce Alexander Minnick answered on Mar 26, 2019

Legal answer: Unless you have a written employment agreement, you have little or no employee rights in Florida. Why? Because Florida is an “at will employment” state--which means Florida employers are free to hire, assign, re-assign, re-locate, promote, demote, discipline, suspend or terminate... Read more »

1 Answer | Asked in Immigration Law for Florida on

Q: If a child was born Canada can he apply for us social security card

Kevin D. Slattery Esq. answered on Mar 25, 2019

The answer to your question depends on a number of facts that are not provided in your question. If you mean the child born in Canada somehow has a claim to U.S. Citizenship because, for example, he or she has U.S. Citizen parents, then the answer is yes. There are even circumstances where a... Read more »

2 Answers | Asked in Immigration Law for Florida on

Q: my husband has a ICE hold.he illegally reentered in the U S after being deported.he is seeking Asylum can he get bond?

im a U S citizen and we are married with children together. my husband fled from Haiti. he was in hiding for months there. due to the corruption with the Policital war. he suffered life threating, turture, unthinkable abuse,lost of 30 pounds from starvation and thirst during his hide out. he is... Read more »

Kelli Y Allen answered on Mar 17, 2019

You need to retain an immigration attorney for a full analysis of his case Since he already has a final order of removal, ICE can act very quickly to re-execute that order so you need to involve an attorney immediately to have any chance of keeping him in the U.S. to file for asylum. It is very... Read more »

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3 Answers | Asked in Immigration Law for Florida on

Q: Can I marry my foreign fiancé in Canada )I’m American he’s not ) then apply for adjustment of status when in USA?

From what I understand marrying a foreign national under visa waiver program and then adjusting status ALL in the USA is considered visa fraud and could complicate matters . If we went to Canada to get married then returned to the US and adjusted status would this be acceptable ? Marriage would... Read more »

Kevin L Dixler answered on Mar 16, 2019

Your fiancé seems in the awkward and unenviable position of being caught in a Catch 22. He may have to consular process.

I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. Good luck!...
Read more »

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3 Answers | Asked in Immigration Law for Florida on

Q: Can a foreign citizen enter on visa waiver, marry a US citizen and immediately return to country of origin to apply GC?

I understand that any foreign national seeking to marry fiancé and adjust status need to either apply for a K1 visa to do so or convincingly prove that the marriage was not premeditated with intention to stay . What if they entered on visa waiver , married and immediately returned back to country... Read more »

Kelli Y Allen answered on Mar 16, 2019

It is fine to marry while in the U.S. under the VWP as long as you comply with all the terms and leave within the designated timeperiod. Your spouse would file a petition, you would process through the consulate, and re-enter with an immigrant visa (if approved). That is not immigration fraud.... Read more »

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1 Answer | Asked in Immigration Law for Florida on

Q: I'm a Daca recipient, can I travel abroad for studies?

Kevin D. Slattery Esq. answered on Mar 12, 2019

You should consult with a competent immigration attorney who can can analyze the particular facts of your situation. Generally speaking, U.S. Citizenship & Immigration Services is no longer granting "advance parole" travel documents to DACA beneficiaries such that they could reenter the United... Read more »

2 Answers | Asked in Immigration Law for Florida on

Q: When applying for a residence,does your American citizen spouse need to submit his taxes from last year or last 3 years?

I would like to know if your American citizen spouse needs to submit together with all the paperwork his taxes from only the last year or the last 3 years?

Deron Edward Smallcomb answered on Mar 5, 2019

If you are discussing applying for Adjustment of Status / Permanent Residence via your US Citizen spouse, then typically three years are required. I would suggest contacting an experienced immigration attorney with more information to discuss your case.

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1 Answer | Asked in Immigration Law, Divorce, Family Law and Child Custody for Florida on

Q: undocumented immigrant needing physiological evaluation face deportation?

Will an undocumented immigrant with a history of deportations who is back in the US and married to a US citizen face deportation if someone was to report him to the Baker Act for potentially being a danger to self or others.

Kelli Y Allen answered on Feb 28, 2019

If you come to the attention of ICE they will re-execute the order of removal.

1 Answer | Asked in Immigration Law for Florida on

Q: Am I eligible for a green card?

I am 22 years old and born in Turkey. I moved to the US when in was 2 years old with a tourist visa, went back one more time (family related) in 2010 for 8 months and came back here with a tourist visa which has expired. I've graduated high school, haven't done anything wrong, and am knowledgeable... Read more »

Hector E. Quiroga answered on Feb 28, 2019

There is nothing that you have said that indicates you are eligible to apply for permanent residence at this time. If you marry a USC, that would change your situation, but based on the information you provided, that is the only thing that would under current law.

We recommend that you...
Read more »

2 Answers | Asked in Immigration Law for Florida on

Q: Does your American spouse have to submit taxes of the last year or of the last 3 years when applying for my residence?

Hi, My husband sent the application form I- 130 like 7 months ago, (we got married 8 months ago at the end of June 2018) I was wondering how long does it usually take to get approved? I checked my status online and it is still in process....one It gets approved, how long does it take to have a SSN?... Read more »

Kevin D. Slattery Esq. answered on Feb 27, 2019

The answers to some of your questions are case specific. You may wish to consider scheduling a consultation with a competent immigration attorney. Bring with you to your consultation your questions as well as copies of documents you filed with USCIS. Speaking generally, processing times vary by... Read more »

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2 Answers | Asked in Criminal Law and Immigration Law for Florida on

Q: If my dad was arrested under criminal charges, what are the chances of having to go in front of an immigration lawyer?

My dad hasn’t ever been arrested before. He was set up by people and now we are stuck in a case that should not be happening in the first place. I have a criminal attorney but I need to know if I will need an immigration attorney as well.

Kevin D. Slattery Esq. answered on Feb 20, 2019

If your father is undocumented, in any type of lawful nonimmigrant status, or even a U.S. Legal Permanent Resident and is facing a pending criminal charge, it is advisable that he consult with a competent immigration attorney who can advise him (and possibly also his criminal defense attorney if... Read more »

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2 Answers | Asked in Immigration Law for Florida on

Q: If I applied for asylum in the USA, and the application is denied, can I still hold my tourist visa.?

Kyndra Mulder answered on Feb 18, 2019

You can have a valid visa and Asylum pending at the same time.

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1 Answer | Asked in Immigration Law for Florida on

Q: Will my fake-marriage wife be deported if I divorce her before her papers are here?

I was in a relationship with a girl was in the USA illegally. scared of deportation - no drivers license = criminal offense = she can get deported if stopped. After we broke up she talked me into marrying her for papers to protect her daughter and we started a family petition. We live in separate... Read more »

Deron Edward Smallcomb answered on Feb 14, 2019

What you are discussing on this public forum is a crime. You should contact an experienced immigration attorney to discuss your situation confidentially.

3 Answers | Asked in Immigration Law for Florida on

Q: My husband has a immagration hold and is married to a American citizen how do i get the immagration hold lifted

He is currently in jail

Kelli Y Allen answered on Feb 11, 2019

You need to hire an immigration attorney who can file a motion for an immigration bond once any criminal bond is handled. He will most likely be referred to immigration court for removal proceedings. An immigration attorney can determine whether he is eligible to file any applications to remain... Read more »

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1 Answer | Asked in Immigration Law for Florida on

Q: I have my N400 interview for naturalization but my I751 is still pending, steps to get a decision on both

Today I received a letter for my N400 naturalization interview taking place in March but my I751 is still pending a decision. My I751 petition (filed in November of 2017) was recently routed to the National Benefits Center in December.

1) Will the officer automatically first adjudicate my... Read more »

Deron Edward Smallcomb answered on Feb 7, 2019

1) No, the officer will no first adjudcate your i-751 and you do not need to ask them to do so.

2) Having an attorney always helps, however since there is nothing to ask regarding the i-751 this question is moot.

3) No, you do not need to bring your spouse to the N400 interview....
Read more »

2 Answers | Asked in Criminal Law and Immigration Law for Florida on

Q: My boyfriend is a PR of the USA. He was charged with a criminal offence back in 2002. He recently tried to visit me in

Canada and was denied entry. His court date was pushed out a couple times, but finally happened. They've since arrested him and he's been placed in a dentention center. They are talking about reopening his case. In which he didn't do any jail time, only probation. The family didn't press charges.... Read more »

Kevin D. Slattery Esq. answered on Feb 7, 2019

He, or someone on his behalf if he is detained, should likely contact an immigration lawyer to schedule a consultation. It would also be best to forward to the prospective attorney for your boyfriend copies of all criminal case documentation that you, your boyfriend or the family may have. This... Read more »

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1 Answer | Asked in Immigration Law for Florida on

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

From what I have researched, marrying a US citizen on the visa waiver program is acceptable as long as there is not a request in adjustment in status WHILE STILL on US soil and with premeditated intent to stay. This is where I believe the visa fraud is commited? However . What if he cane to US , we... Read more »

Deron Edward Smallcomb answered on Jan 31, 2019

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... Read more »

2 Answers | Asked in Immigration Law for Florida on

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

He wants to come and us get married here and go back to UK before his visa expires and not commit visa fraud. From what I understand coming to the US with intent to marry and then adjust status can end in lots of problems . So if he comes on visa waiver , goes back to UK after wedding and we wait... Read more »

Deron Edward Smallcomb answered on Jan 30, 2019

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...
Read more »

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3 Answers | Asked in Immigration Law for Florida on

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

legally, with me an American citizen. Shes ready to fly here and get married. Is this ok with Uscis?

Following the immediate marriage, I will apply to Uscis for their legal residency

Kyndra Mulder answered on Jan 26, 2019

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.

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1 Answer | Asked in Immigration Law for Florida on

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

Good morning…

I communicate in this way, to request your valuable collaboration, I explain below my situation, I am an American citizen born in California, however my family moved to Venezuela when I was 4 years old, there I grew up, in January of this year I moved to the USA, I have 2... Read more »

Kelli Y Allen answered on Jan 24, 2019

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.

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