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Florida Immigration Law Questions & Answers
3 Answers | Asked in Immigration Law for Florida on
Q: divorce after file for i751Petition to remove conditions on residence, whats next?

I filed I751 Petition to remove conditions on residence about 6 months ago, and i got an extension letter for my resident card for 48 months, while in the process of removing the conditions.

unfortunately me and my spouse have recently ended our marriage. my question is if i should notify... View More

Syed Ali Hussain Lahooti
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answered on Jan 3, 2024

Yes, you should inform the USCIS about it. In order to show the good-faith nature of the marriage and, if applicable, the divorce proceedings (including court proceedings or settlement contracts), you may need to include this information in the package when requesting USCIS to proceed with your... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: Can my brother (US Citizen) can sponsor me (J1 Visa holder) for a Green Card?
James L. Arrasmith
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answered on Dec 27, 2023

Yes, your brother, as a U.S. citizen, can sponsor you for a green card. However, the process involves several steps and can be quite lengthy. Being a sibling of a U.S. citizen places you in a preference category, which often has a significant waiting period due to annual limits on the number of... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: Can my brother (US Citizen) can sponsor me (J1 Visa holder) for a Green Card?
Kevin D. Slattery
Kevin D. Slattery
answered on Dec 27, 2023

Yes, your brother can sponsor you, but the line is very long. Additionally, the simple filing of his petition for relative on your behalf does by itself permit you to remain in the United States while waiting for your spot in line. Consider scheduling a consultation with a competent and... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: i had an approved I-130 in 1992 and never went to claim it, I am living in the U.S. have Nicaraguan humanitarian Parole

my mom fill my i-130 she is now 94 very sick in nicaragua lost her residency too long out of country

can i reactive my I-130 or how long would it take to have it approved again if this time my sister who already singed for my parole fills my i-130 she es US Citizen.

James L. Arrasmith
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answered on Dec 26, 2023

If you had an approved I-130 petition in 1992 and never pursued it, revisiting this case requires careful consideration. Given that your mother, the original petitioner, is no longer a U.S. resident and is ill, reactivating the old I-130 might not be feasible. Typically, the petitioner's... View More

2 Answers | Asked in Immigration Law for Florida on
Q: What do I have to do if I need to leave the US after having requested a visa extension but haven't been approved yet?

I requested a tourist vista extension in september and already attended the biometrics appointment. I wanted to stay in the US until february next year but due to a family emergency in my home country I need to leave as soon as possible.

My authorization expired in november and I am not... View More

Syed Ali Hussain Lahooti
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answered on Jan 3, 2024

If you are facing an imminent and significant family emergency, it is advisable to submit a withdrawal of your extension request. Include supporting evidence that illustrates the situation is beyond your control, such as documentation related to the family emergency. Clearly articulate in the... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: What do I have to do if I need to leave the US after having requested a visa extension but haven't been approved yet?

I requested a tourist vista extension in september and already attended the biometrics appointment. I wanted to stay in the US until february next year but due to a family emergency in my home country I need to leave as soon as possible.

My authorization expired in november and I am not... View More

James L. Arrasmith
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answered on Dec 19, 2023

If you need to leave the U.S. before your visa extension is approved, it's important to take certain steps to avoid complications with future entries. First, document your reason for leaving early, such as evidence of the family emergency. This documentation can be helpful if you need to... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: Sponsoring adjustment of status for spouse as naturalized citizen (originally received green card through marriage)

In the past I was married to an American citizen, did Adjustment of Status from an F-1 visa, received my green card, and had its conditions removed. My spouse and I then divorced before I could be naturalized under the 3-year rule. I later naturalized under the 5-year rule with no incident except... View More

James L. Arrasmith
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answered on Dec 19, 2023

Each immigration case is unique, and past history can sometimes influence future applications. However, having been naturalized for many years and with your previous marriage having ended over a decade ago, these factors may be less significant in your new spouse's Adjustment of Status... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: Answer for Have you ever applied for an immigrant visa to obtain permanent resident status at a US embassy abroad?

Hi,

I'm a US Citizen and we applied for i-485 adjusment of status for my mother. She was and still is present in the US when I applied. But unfortunately the application was denied because i didn't submit form i-693 on time since i did not receive a request of evidence. How would... View More

James L. Arrasmith
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answered on Dec 15, 2023

In addressing your situation with the I-485 Adjustment of Status application for your mother, it's important to provide accurate information. If the application was denied due to a missing Form I-693, you should answer "Yes" to questions on future forms that ask if any previous... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Incomplete PWD for the PERM

My employer got PWD approved, but we just noticed that they didn’t indicate their DBA name (doing business as) on the PWD form (ETA-9141). However the legal name and other info was indicated correctly.

They are about to start recruiting process, but I’m just worried that the fact that... View More

James L. Arrasmith
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answered on Dec 1, 2023

In your situation, the omission of the DBA (Doing Business As) name on the Prevailing Wage Determination (PWD) form (ETA-9141) might not be a significant issue, especially if the legal name and other details of the employer are correctly listed. The PWD primarily focuses on the job duties and the... View More

1 Answer | Asked in Immigration Law for Florida on
Q: If I withdrawal a I-134A, will the person who I am sponsoring be notified that I withdrew the application?

I have applied to sponsor several family members through the current humanitarian parole program for Cuban, Haitians, Nicaraguans and Venezuelans. I completed the I-134A for each one and the applications/affidavits of support are pending. Based on some new information, I have serious concerns about... View More

James L. Arrasmith
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answered on Dec 1, 2023

If you withdraw the I-134A form for one of the individuals you are sponsoring, it's important to know that U.S. Citizenship and Immigration Services (USCIS) generally does not notify the beneficiary directly in the case of a withdrawal. However, if the person you are sponsoring checks the... View More

2 Answers | Asked in Immigration Law for Florida on
Q: What do I need to do to be able to live with my fiancée in the US??

I am engaged to my fiancée who is a US citizen. We have been planning on starting a future together as a married couple for almost a year, However, I've only been able to visit them through ESTA visa, I would like to start becoming more serious and hopefully getting to be with them permanently.

Kevin D. Slattery
Kevin D. Slattery
answered on Nov 20, 2023

Consider scheduling a consultation with a competent and experienced immigration attorney who can discuss with you the K-1 fiancé(e) visa process. This would be the process to pursue if you intend on having your wedding ceremony occur inside the United States. If, however, you wish to be married... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: if you sponsor someone to come to the u.s. from Colombia are you responsible in any way for them financially?
Stephen Arnold Black
Stephen Arnold Black
answered on Nov 14, 2023

When a US Citizen sponsors his spouse , USCIS requires that he file an affidavit of support with supporting tax return documents. In the event that the spouse accepts public benefits, then the US Citizen spouse may be sued to pay those benefits back. This is the general rule. Reach out to an... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: if you sponsor someone to come to the u.s. from Colombia are you responsible in any way for them financially?
James L. Arrasmith
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answered on Nov 18, 2023

When you sponsor someone to come to the U.S. from Colombia, you are typically required to file an Affidavit of Support. This legally binding document commits you to financially support the sponsored immigrant to the extent necessary to maintain them at an income level that is at least 125% of the... View More

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1 Answer | Asked in Business Formation, Business Law, Tax Law and Immigration Law for Florida on
Q: As an F2 with an LLC which tax form should i select for the business c-corp or s-corp

Ok so I'm currently on an F2 visa (dependent visa in the US) I opened my business which is an LLC but as im applying for a tax application in florida for the business i'm not sure whether to file it for a S-Corp or a C-Corp. Due to the fact that technically I'm not allowed to work in the US.

James L. Arrasmith
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answered on Nov 13, 2023

Selecting between a C-Corp and an S-Corp tax status for your LLC is a significant decision, especially considering your F2 visa status.

Generally, F2 visa holders are not permitted to engage in employment in the U.S., and this includes active management of a business. While owning a...
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2 Answers | Asked in Immigration Law for Florida on
Q: I have marriage based green card , i gotta go abroad for 4 months. should i expect any immigration issues when i return?

i have a retail business and i import goods, also my employees are abroad and i have to go for work reasons but im concern that i may face issues when i return to the USA? please advise. thanks

more details:

i just got back from the far east after 2 months, and have to go back... View More

James L. Arrasmith
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answered on Nov 13, 2023

As a holder of a marriage-based green card, traveling abroad for extended periods can potentially raise questions upon your return to the U.S. The key concern for immigration authorities is whether you still maintain your primary residence in the U.S. Absences of less than six months are typically... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: my question is about my petition for my brother I-130

I filled online an application I-13O for my brother at the end only recived this COMPLETE AND THIS REFERENCE # NJO-A8641-0EBE9-E2D7 but not option to paid ..what should I do?

James L. Arrasmith
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answered on Nov 9, 2023

After submitting the I-130 petition online and receiving a reference number, the next step is usually to pay the filing fee. If the option to pay did not appear, this could be a technical issue. You should first check the online account where you filed the application to see if there is an option... View More

2 Answers | Asked in Immigration Law and Personal Injury for Florida on
Q: Why would a plaintiff attorney agree to set aside clerks default for personal injury case?
James L. Arrasmith
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answered on Nov 5, 2023

In a personal injury case, a clerk’s default might be entered if the defendant fails to respond to a lawsuit within the time prescribed by law. However, there could be several reasons why a plaintiff's attorney might agree to set aside a clerk's default:

Fairness and Merit: The...
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3 Answers | Asked in Immigration Law for Florida on
Q: My brother came with visa B1/B2 if i do a petition I-130 x him can he stay longer that the period issue by immigration?
Kevin D. Slattery
Kevin D. Slattery
answered on Oct 26, 2023

The filing of a petition for relative does nothing to extend the validity of one's authorized period of stay in visitor status. If your brother wishes to extend his stay in visitor status, he needs to file with USCIS a Form I-539, Application to Extend/Change Nonimmigrant Status. Moreover,... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: My brother came with visa B1/B2 if i do a petition I-130 x him can he stay longer that the period issue by immigration?
James L. Arrasmith
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answered on Oct 28, 2023

Filing an I-130 petition for your brother indicates an intent to sponsor him for permanent residency. However, the I-130 petition alone does not grant him legal status to remain in the U.S. beyond the expiration of his B1/B2 visa. He must abide by the terms of his visa to avoid unlawful presence.... View More

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1 Answer | Asked in Appeals / Appellate Law and Immigration Law for Florida on
Q: After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision? I-140 case.

After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision. I-140 case.

James L. Arrasmith
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answered on Oct 22, 2023

After a case is remanded from the AAO to the USCIS, the timeframe for USCIS to issue a new decision can vary. Factors affecting this timeframe include the complexity of the case, the volume of cases the USCIS office is handling, and any additional evidence or clarifications needed. For an I-140... View More

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