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Florida Immigration Law Questions & Answers
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 with the lawyer.

Deron Edward Smallcomb
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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... View More

Kevin D. Slattery
Kevin D. Slattery
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... View 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
PREMIUM
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
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Karina Arzumanova pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.... View 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... View 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.... View More

Kyndra L Mulder
Kyndra L 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...
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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... View 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...
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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... View 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... View 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... View More

2 Answers | Asked in Immigration Law for Florida on
Q: Can a LPR file an I-130 & I-485 for a spouse that is in the U.S on a tourist visa?

The LPR was sponsored by a U.S. citizen relative and has been in the U.S. for almost 4 years. Her spouse resides overseas and visits her regularly on his tourist visa. Recently the LPR was diagnosed with stage 3 cancer and requires immediate treatment, so, her spouse got to the U.S. right away to... View More

Deron Edward Smallcomb
PREMIUM
Deron Edward Smallcomb
answered on Apr 30, 2019

Generally no, because the I-130 won't be current to file for Adjustment of Status. However, the spouse can file a visitor visa extension if they need to stay longer than six months. You should contact an experienced immigration attorney for help.

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1 Answer | Asked in Immigration Law for Florida on
Q: I would like to know if I will get dual citizenship of my boyfriend after marriage

I would like to know if I will get dual citizenship of my boyfriend after marriage. I'm Israel citizen, in USA two years and waiting for resident card. My boyfriend have dual citizenship: usa and uk. If we'll married will I have multiple citizenship (also he)?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 24, 2019

No. Unless they were born here, everyone seeking citizenship in the United States must apply and go through the lengthy process. The same is true for most if not all civilized countries. Some nations do not allow or recognize "dual citizenships." Being married to someone from a different... View More

1 Answer | Asked in Immigration Law for Florida on
Q: I have 877.03 and I have a green card that can make me deported?
Kevin D. Slattery
Kevin D. Slattery
answered on Apr 18, 2019

Generally speaking, breach of peace/disorderly conduct is not a removable offense. However, for a more definitive answer to your question, you should bring certified copies of your criminal records to a competent immigration attorney who can analyze them.

2 Answers | Asked in Immigration Law and Appeals / Appellate Law for Florida on
Q: Can USCIS use a self employed persons write offs to deny them as a sponsor for a I-485

My wife's I-485 was denied this week because my evidence of assets doesnt meet the federal poverty line. They sent us an RFE in December asking to see my entire 2017 tax return and my bank statements for every month in 2017. My tax return showed that I grossed over 69k in 2017. I had over 87k... View More

Kevin L Dixler
Kevin L Dixler
answered on Apr 17, 2019

More information is needed. What date was the decision? Is it more than 33 days ago m? You may want to consider whether to file a motion to reconsider or a new filing. Many choose the latter, but it depends.

As a result, I strongly recommend an appointment with a competent and experienced...
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1 Answer | Asked in Immigration Law for Florida on
Q: I’m an immigrant, just have got married and want to change my last name. How can I do it?

One more question. We are applying for a green card as well. So do I need to change my last name before submitted the application?

Kevin D. Slattery
Kevin D. Slattery
answered on Apr 16, 2019

If you are referring to changing your surname (family/last name), you can identify your married surname as your current surname. There are typically boxes on the immigration forms for "other names used", wherein you would list your name before marriage. The USCIS Adjudicator's... View More

1 Answer | Asked in Immigration Law for Florida on
Q: An airport officer told me if I apply for a Re-entry permit it will cover my wife/family members. Is this true?

I may have to be out of the country for work purposes for more than six months. It was suggested that I get a Re-entry permit and at the airport an officer told me the permit applies to all my family members. My wife and I have green cards since 2002 and have never left the US for more than a... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Apr 5, 2019

Each person would need a reentry permit.

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... View More

Bruce Alexander Minnick
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... View 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
Kevin D. Slattery
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... View More

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