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Florida Immigration Law Questions & Answers
2 Answers | Asked in Adoption and Immigration Law for Florida on
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 ?

I am a U.S Citizen, and my husband has not started his process yet to get his green card does that mean I only need my consent when signing the adoption papers in the state of Florida

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 14, 2019

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.

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1 Answer | Asked in Employment Law, Family Law, Immigration Law and Tax Law for Florida on
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?

I am born US Citizen who sponsored my husband from Serbia as a permanent green card holder, he is applicable for citizenship but hasn't taken the test, we currently live in FL.

We want to know the requirements that need to be met in order to sponsor our child's Godmother who... View More

Allen C. Ladd
Allen C. Ladd
answered on Jan 13, 2019

Sorry, I don't see how you can accomplish what you want to do, under the US immigration laws.

2 Answers | Asked in Traffic Tickets, Employment Law, Immigration Law and Car Accidents for Florida on
Q: Can a traffic moving violation affect a H1B application?

Dear Lawyer, good morning.

I have a question that might seem a silly one.

Last summer in Miami, while in standstill traffic, I got distracted for a second and hit the car in front of me ( speed was very low, bumbers got a little bit damaged, but nobody got injured ).I called the... View More

Allen C. Ladd
Allen C. Ladd
answered on Jan 5, 2019

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!

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1 Answer | Asked in Immigration Law for Florida on
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?

URGENT HELP PLEASE!

I applied for R1 visa on June 2018. At the same time I applied for a R2 visa for my husband and my daughter. It is December 2018, and the visa is still in processing (they say it is a 6 months processing?).

I have an emergency and I need to be back in my home... View More

Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

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...
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2 Answers | Asked in Immigration Law for Florida on
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.

G

Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

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... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: Got married and divorce to a us citizen and overstay my visa for over 180 day. Can i be in trouble with immigration?

Never file for any legal papers.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Dec 19, 2018

You are currently out of status, so yes. If you are detained, you could be placed in removal proceedings.

4 Answers | Asked in Immigration Law for Florida on
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?

I'm legal in the USA , have a visa

Ms Grace I Gardiner
Ms Grace I Gardiner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2018

My recommendation is that you look for a free consultation with an immigration attorney. There is more involved than filling forms out.

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1 Answer | Asked in Immigration Law for Florida on
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?

He was charged with 5th degree criminal possession of weed (PL 221.10, PL 221.05) in NY for smoking in public while a student. Charges dismissed 02/18 and told his record will be sealed. Will he be barred from getting the green card since he has used MJ within the last 3 yrs? I had a family member... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Dec 3, 2018

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... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Can I bring an interpreter to asylum interviews or is that not allowed?
Ana S. Mendieta
PREMIUM
Ana S. Mendieta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2018

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...
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2 Answers | Asked in Immigration Law for Florida on
Q: Can I solicit a tourist visa for the mother of my child of Honduran citizenship. Our baby boy has an American passport

I need to resume my life in the U.S after living in Honduras for 10 years due to a work contract. I would like to bring my life partner & marry in the U.S Please advise

Kevin D. Slattery
Kevin D. Slattery
answered on Nov 30, 2018

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... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: My girlfriend is currently in Florida on a work Visa: AuPair. She wants to quit her job and enroll in College, advice?

Once she is accepted in College would she be able to quit her job while waiting on her Student Visa (and still live in Florida)?

Kevin D. Slattery
Kevin D. Slattery
answered on Nov 26, 2018

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... View More

2 Answers | Asked in Immigration Law for Florida on
Q: My daughter entered THE LOTTERY in Canada. I'm a citizen, can I also file form I-130 ?

My question is, would it be helpful, or might it be illegal.

I was born in Cuba, arrived here in 1962, married a canadian and became a citizen of Canada. my daughters were born there.

I returned to the U.S. in late 1980's, subsequently I became a U.S. citizen. I'm now married to an American.

Sheri A Benchetrit
Sheri A Benchetrit
answered on Nov 14, 2018

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.

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1 Answer | Asked in Immigration Law for Florida on
Q: Can I travel while my green card is about to expire in 5 months ?
Ms Grace I Gardiner
Ms Grace I Gardiner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2018

Yes you can travel provided that you trip is less than the five months

1 Answer | Asked in Immigration Law for Florida on
Q: I got married in Dec2014 but only received my first green card in Jan2018 how long i wait before apply for citizenship?

My first green card is for 10 years!

Cheryl Fletcher
Cheryl Fletcher
answered on Nov 8, 2018

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.

1 Answer | Asked in Immigration Law for Florida on
Q: If a child is born in Haiti and the parents were unmarried how we obtain proof of the mother's full custody? 8 USC 1432

The mother acquired citizenship in 1999, when the applicant was 17 years old. The birth certificate lists the father's name but there is no way to contact him and he never had any custody of the applicant when he was a minor. However, there are no court records proving this.

Ms Grace I Gardiner
Ms Grace I Gardiner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 1, 2018

This question needs further inquiry. Please feel free to call me at 9543200319

1 Answer | Asked in Immigration Law for Florida on
Q: I am filling the n400 form, and the days from my travel history surpased for 30 days o the minimum required (18 months).

I get a message on the website stating I can still submit the form and they will ask if have any questions. Should I wait? Or submit it since I cannot travel while they are processing anyways?

Thank you

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Oct 23, 2018

Just wait sufficient time until such time you don’t surpass that number of days.

1 Answer | Asked in Immigration Law for Florida on
Q: I overstayed my R2 visa as a minor...

I'm living in the US. My visa expired 5 years ago, but I was a minor. Im 18 now and I want to now leave the US and return to the UK for a period of time, but will I be banned from reentering or getting another visa to see my girlfriend (who is a US citizen), possibly a fiance visa?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Oct 23, 2018

Maybe, maybe not. You began to accrue unlawful presence when you turned 18. If you have 180 days or less of unlawful presence, then there is less of a chance that you will be denied entry. As a matter of discretion, however, a border patrol office could bar you from entering. If you try to come,... View More

1 Answer | Asked in Immigration Law for Florida on
Q: How to find out if i have a deportation noice.
Kevin D. Slattery
Kevin D. Slattery
answered on Oct 22, 2018

File Freedom of Information Act (FOIA) requests with both U.S. Citizenship & Immigration Services (USCIS) and the Immigration Court housed under the Executive Office for Immigration Review (EOIR).

1 Answer | Asked in Immigration Law for Florida on
Q: Can I travel to Cuba (I’m a Cuban citizen) after my US citizenship interview and before my oath ceremony?

My interview is on the 30th of this month and I plan to travel to Cuba on November 9 to see an I’ll family member. How would this affect me because I know that traveling to Cuba can sometimes mess things up. Thank you for your time.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Oct 2, 2018

The only issue you might have is if the trip pushes you over the limit for time allowed outside the US during the 5-year immediately preceding the oath ceremony.

1 Answer | Asked in Immigration Law for Florida on
Q: Can my us visa be denied if I forgot to input my national identification number on a DS 160

Should I fill out a new ds 160

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Sep 26, 2018

No. Don’t do either. Just bring evidence of the national identity number with you to the interview.

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