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Florida Immigration Law Questions & Answers
3 Answers | Asked in Employment Law and Immigration Law for Florida on
Q: Can unemployment assistance prevent me from getting my green card?

I am currently under parole under the Cuban Adjustment Act. I have to apply for the green card in August. I was currently laid off from work due to COVID-19.

Svetlana Kats
Svetlana Kats answered on Apr 30, 2020

Receiving unemployment will not affect your eligibility for green card.

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3 Answers | Asked in Immigration Law for Florida on
Q: Whether to respond to citizenship denial letter

Denial letter was accompanied by a six page letter of allegations towards my green card petitioners -(my father and step-mother) allegations of fraud and misinterpretations . Opinions that I should not have obtained my permanent residency to begin and not eligible from their standpoint , I've... Read more »

Adan Vega
Adan Vega answered on Apr 30, 2020

The allegations that have been presented against you are serious and could result in a “Notice to Appear” before an immigration judge. USCIS is claiming that your resident status was improperly issued. At this juncture, you should engage an experienced immigration attorney to assist and guide... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: Can I change my last name when filling form I-751?

I need to replace my temporary green card with a permanent one soon, and I want to change my last name from my birth one to my husband’s. Can I change it on the I-751 form? If so, how should I do it?

Kyndra Mulder
Kyndra Mulder answered on Apr 25, 2020

You can use your married name on the Petition and attach the name changing document (marriage license).

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5 Answers | Asked in Immigration Law for Florida on
Q: Can I apply for naturalization if my green card expired 2 months ago instead of renewing the green card?

I am married (23 years and counting) to a US citizen and have been living in the USA since 1995 legally. I was gained permanent resident status back in 1999.

I meet all the criteria as per the N-400 form. My green card expired 2 months ago, and I would like to apply for citizenship... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Apr 23, 2020

Although I have not known USCIS to deny one's naturalization application under circumstances such as those that you describe, what I do know is that USCIS has a policy/guidance whereby they want applicants under such circumstances to submit an application for replacement green card in addition... Read more »

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5 Answers | Asked in Immigration Law for Florida on
Q: How does new Trump's Executive Order affect me? (just 1 week away to send my docs to USCIS under Cuban Adjustment Act)

In a week, it is 1 year and 1 day I have been living in the US and I am supposed to send my documents to USCIS to apply for my residence under Cuban Adjust Act Immigrant Program. Does the new Trump's executive order, pausing 60 days Immigration Green Card Processing affect me? If yes, should I... Read more »

Svetlana Kats
Svetlana Kats answered on Apr 23, 2020

Hi there! The current executive order will not affect you as it only applies to aliens who are outside of the US and applying for immigrant visa ( green card) through the U.S. consulate. However, I would recommend that you apply for green card as soon as you become eligible. Good luck!

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3 Answers | Asked in Immigration Law for Florida on
Q: I am a permanent resident and am out of a job due to the COVID-19 pandemic. Can I file for unemployment?

Will filing for unemployment be a means for deportation or jeopardize my chances for citizenship?

Adan Vega
Adan Vega answered on Apr 21, 2020

To be eligible for state unemployment benefits, you must fulfill the state eligibility requirements where you reside and work.

The receipt of state unemployment benefits will not negatively affect your permanent resident status nor your eligibility for naturalization provided that no...
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2 Answers | Asked in Immigration Law for Florida on
Q: Under EB2visa my three dependent must present I944 and I864? or is just one I944 for all? and one I864 for each of them?

I am applying under the category of EB 2 NIW I understand that I must submit the i944 but I am not sure if is for my hole family or one per person. I have as dependent my wife and my two daughters, the same happen with the I 864. It is one for each of them. So is one 944 for each of us and one I864... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 17, 2020

The 944 is for the petitioner for the 485, which I'm guessing is you. Your family will be listed on it, but you only need 1 944. For the 864, you'll need it and if you need a joint sponsor if your salary is not enough. So, 1 for you, and 1 for a joint sponsor if needed. I strongly... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: i'm Permanent Resident i Filed I130 for my wife on 16th April 2019 she is living in Pakistan on Feb 2020

we received mail from USICS that our case is Transferred From California to Nebraska and it is in line to be reviewed, Our case was supposed to be transferred to NVC but instead they moved it to other field office, When our case might be approved as processing time in Nebraska office are more than... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Apr 15, 2020

According to posted processing times available on the USCIS website (https://egov.uscis.gov/processing-times/), a Petition for Relative filed by a permanent resident on behalf of a spouse and pending at the Nebraska Service Center is taking approximately "20.5 Months to 26.5 Months." The... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: i am doing the I 130 for my spouse what date should i follow on the visa bulletin?

i submitted the form on february 7 2020. what date am i to follow on the visa bulletin? does the final action table relate to me? or would i use the family sponsored table? does it also mean i should submit other documents?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Apr 13, 2020

If you are a U.S. Citizen, your spouse would be considered an "immediate relative" as that term is contemplated by U.S. immigration law and, therefore, would not be reflected on the visa bulletin. For "immediate relatives" of U.S. Citizens, which as noted has a special... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Can i visit on a B1/B2 visa while my I-130 petition is pending?

My wife is a US citizen and i am from jamaica, our I-130 is pending and wondering if i can visit on my B1/B2 Visa. We are also considering adjusting of status given how long its taking if possible.

Robert Roy Klein
Robert Roy Klein answered on Apr 12, 2020

Yes, you can visit the US on a B1/B2. Understand that the purpose of the visitor visa is a temporary visit to the US. They want you to have the intention of leaving the US once the visitor visa expires. Just keep that in mind when you visit.

4 Answers | Asked in Immigration Law for Florida on
Q: Can i switch from consular processing to adjustment of status for my spouse's case and how can it be done ?

I initially selected consular processing for the i 130 on my husband's petition but now we want to switch and go the adjustment of status route. Does he have to be in the states for us to switch to that? Provided that we meet the uscis eligibility criteria?

Adan Vega
Adan Vega answered on Apr 11, 2020

An adjustment of status is permitted if your spouse has lawfully entered the U.S. without preconceived intent or is in possession of a dual intent visa.

Since you posting is lacking information I am assuming that you are a U.S. citizen.

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1 Answer | Asked in Immigration Law for Florida on
Q: submitted my i 130 and it now says accepted n under review (feb 23, 2020). what does this mean Our location is nebraska

also my husband is in Jamaica and i really want him with me. can he come to the US on his visa and file an adjustment of status with the i 130 pending acceptance? or do we have to wait. how else can i get him here sooner?

Adan Vega
Adan Vega answered on Apr 11, 2020

The relative petition ( FORM I-130) that you filed with USCIS has been accepted for processing and adjudication. You can expect an RFE ( Request for Additional Evidence) or an approval/denial of the petition once the USCIS officer completes the adjudication.

Entry into the U.S. with the...
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2 Answers | Asked in Immigration Law for Florida on
Q: I was arrested I got my records clean I’m applying for a visa n it ask if I’ve been arrested so should

I got my records expunged because I was arrested 18 years ago now I’m applying for a visa and it’s asking if I’ve ever been arrested and charge

Ana S. Mendieta
Ana S. Mendieta answered on Apr 7, 2020

If you have been arrested, then your answer must say yes. It does not matter how long ago it was or if it was expunged or not. You are able to explain the circumstances of the arrest and the fact that it was expunged. You should also explain the reason it was expunged and why it should not weigh... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: help with immigration

2016 I came to the United States with my German daughter (no us papers) she is only here on an esta. Tried filing for passport for her but she keeps getting denied. She is not granted citizenship because I have not lived in the states prior to her birth.us consulate in Germany said I have to go... Read more »

Gunda Yohanna Brost
Gunda Yohanna Brost answered on Apr 1, 2020

Consult directly with an immigration attorney.

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1 Answer | Asked in Immigration Law for Florida on
Q: What does USCIS mean by "your benefit request has been accepted and is under review"?

I filled online a case of I-130 for my wife on November 2019. She is Cuba and I'm a Permanent Resident in Florida.

My case is processing on California.

On 11/07/2019 I received two letters.

- One of them is the 797-C where USCIS let me know they received my case with... Read more »

Adan Vega
Adan Vega answered on Mar 31, 2020

The message that you are viewing online indicates that USCIS has accepted your FORM I-130 for processing and will now be adjudicated by an adjudication officer.

1 Answer | Asked in Immigration Law for Florida on
Q: They send my package back cause one of the form wasn’t updated but they also send back my medical exam open by them

Can i send back the new package with that medical exam open?

Adan Vega
Adan Vega answered on Mar 31, 2020

You should visit the physician who issued the medical examination and ask for that physician to re-issue the medical examination in a sealed envelope.

1 Answer | Asked in Immigration Law for Florida on
Q: Question about my package rejection

I send my immigration package after two weeks, the package will return to me by mail because one of the applications the i-485 was with an expired form, I already completed the new current form and I have to send the package, my question is I have to fill out all the forms again or I can send the... Read more »

Svetlana Kats
Svetlana Kats answered on Mar 30, 2020

Hi there, just add new version of I-485 form to your previously mailed package, you don't have to complete all other forms again. Make sure to place green page ( that was attached to your rejection letter) on top of your submission package. Good luck!

1 Answer | Asked in Immigration Law for Florida on
Q: My asylum case is still pending, and I'm applying to a university, but they ask what my visa type is.
Adan Vega
Adan Vega answered on Mar 26, 2020

You are considered an applicant for asylum. However, if you entered the U.S. lawfully and you have maintained lawful non- immigrant status then you should indicate that status in your university application.

Good luck to you.

2 Answers | Asked in Immigration Law for Florida on
Q: Visa K1 only after two years of the first physical meeting of us? Or within two years, after first meeting of the us?

I have a confusion this, which is one of the requirements to submit the form 1-128/Visa fiance K1: "You and your fiancé(e) met each other in person at least once within the 2-year period before you file your petition."

The doubt is:

Do you submit the form I-129 - K1 only... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Mar 9, 2020

USCIS is measuring back two (2) years from the date of filing and looking to see if WITHIN that 2-year period you have been in the physical presence of each other (at least once). If the last time you were in each other's physical presence was more than 2 years ago, you must see each other... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Looking for an Immigration Attorney to help me Apply for Asylum

I fled from war in Cameroon and I would like to seek asylum in the US. I need an attorney in Orlando or Kissimmee that can successfully represent me.

Thank you

Stephen Arnold Black
Stephen Arnold Black answered on Mar 7, 2020

Discuss your case with counsel here in central Florida about the facts of your case.

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