Lawyers, Answer Questions  & Get Points Log In
Florida Immigration Law Questions & Answers
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Immigration Law and Tax Law for Florida on
Q: I’m applying for citizenship in a few weeks but I just realized I’ve been exempt for taxes this whole year.

Will it affect my application?? Will it be rejected?

Kevin D. Slattery
Kevin D. Slattery
answered on Oct 15, 2023

Not having filed a federal income tax return in any particular year is not per se a problem if in fact you can demonstrate that you were under no legal obligation to have filed a tax return. Consider scheduling a consultation with a competent and experienced immigration attorney who may be able to... View More

View More Answers

2 Answers | Asked in Immigration Law and Tax Law for Florida on
Q: I’m applying for citizenship in a few weeks but I just realized I’ve been exempt for taxes this whole year.

Will it affect my application?? Will it be rejected?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2023

Understanding the importance of taxes in the context of a citizenship application is crucial. When you apply for U.S. citizenship, one of the factors considered is your good moral character, and compliance with tax obligations is a component of this evaluation. If you've been legitimately... View More

View More Answers

1 Answer | Asked in Criminal Law, Immigration Law and Constitutional Law for Florida on
Q: Are US Citizens protected from CBP officers searching their luggage when returning from a flight to a foreign country?

If you “look” suspicious to the CBP officer in the airport, can they detain you, search your items and question you based on their feeling? What 4th amendment protection do citizens have at airports?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

When U.S. citizens return from a foreign country, Customs and Border Protection (CBP) officers have the authority to inspect luggage and question travelers. This authority is rooted in the government's responsibility to enforce customs and immigration laws. Generally, routine searches of... View More

2 Answers | Asked in Immigration Law for Florida on
Q: I am a Venezuelan who entered with an I-220A. Can I apply for TPS? I've already filed for an I-589 if it matters.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2023

If you entered the U.S. with an I-220A, it indicates you may have been paroled or admitted after being detained. Your method of entry and presence in the U.S. by a designated date are important factors for TPS eligibility. Additionally, having an I-589 (Application for Asylum) on file doesn't... View More

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: I am a Venezuelan who entered with an I-220A. Can I apply for TPS? I've already filed for an I-589 if it matters.
Kevin D. Slattery
Kevin D. Slattery
answered on Oct 9, 2023

When did you enter the United States? If you can demonstrate continuous residence in the U.S. since July 31, 2023, then you may be eligible. There are other things to consider, including whether you have any disqualifying criminal history or grounds of inadmissibility that can be forgiven with a... View More

View More Answers

2 Answers | Asked in 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.

Kevin L Dixler
Kevin L Dixler
answered on Oct 8, 2023

As long as it wants. It may make another decision depending upon how the decision is worded, which may require another appeal. Your only option, if an unacceptable delay takes place, is to file a writ of mandamus in Federal Court to demand a decision.

Yet, there may be other options, so...
View More

View More Answers

2 Answers | Asked in 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2023

When the Administrative Appeals Office (AAO) remands an I-140 case back to USCIS, the timeframe for USCIS to issue a new decision can vary. Generally, USCIS aims to process these remanded decisions within 6 months, but this is not a guaranteed timeframe. Factors such as the complexity of the case,... View More

View More Answers

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Immigration Law for Florida on
Q: My ex was arrest for aggravated battery against a pregnant women. She’s on bond 10000 can she be deported? We have kids

She’s a green card holder. I’m a us citizen. The kids are citizens also. Can I.C.E. deport her and separate from kids? Does my 20% child custody go to 100% with her deported? What can I do as father and exhusband to help?

Charles M.  Baron
Charles M. Baron
answered on Oct 6, 2023

If she is convicted, she is likely at risk for deportation. She needs to schedule a consultation with an

immigration attorney, as well a consult with the attorney representing her in the criminal court regarding any chances to prevent conviction or other result that could lead to...
View More

View More Answers

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Immigration Law for Florida on
Q: My ex was arrest for aggravated battery against a pregnant women. She’s on bond 10000 can she be deported? We have kids

She’s a green card holder. I’m a us citizen. The kids are citizens also. Can I.C.E. deport her and separate from kids? Does my 20% child custody go to 100% with her deported? What can I do as father and exhusband to help?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2023

Aggravated battery against a pregnant woman is a serious offense and can be considered a crime of moral turpitude or an aggravated felony under immigration law. Green card holders convicted of such offenses are at risk of deportation. If she's deported, it may impact custody arrangements, but... View More

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: Can I apply now for TPS venezuela redesignation before uscis update the page? There is still old date even been announce

If I qualify for the new TPS re-designation for Venezuela that states you can apply for that benefit if your entry was before July 31st 2023, it was already announced on DHS page, but on USCIS still appears Continuous Residence in U.S. Since: March 8, 2021, can I apply since now or should I wait... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Sep 24, 2023

Under the redesignation of Venezuela, eligible individuals who do not have TPS may submit a Form I-821, Application for Temporary Protected Status, during the initial registration period which will be specified in a FORTHCOMING Federal Register notice. Applicants also may apply for TPS-related work... View More

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: Can I apply now for TPS venezuela redesignation before uscis update the page? There is still old date even been announce

If I qualify for the new TPS re-designation for Venezuela that states you can apply for that benefit if your entry was before July 31st 2023, it was already announced on DHS page, but on USCIS still appears Continuous Residence in U.S. Since: March 8, 2021, can I apply since now or should I wait... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 24, 2023

If the Department of Homeland Security (DHS) has officially announced the re-designation for TPS for Venezuela with a new entry date, then that is the controlling policy. However, given that the USCIS page has not been updated, it's prudent to wait for the USCIS to reflect this change to... View More

View More Answers

2 Answers | Asked in Family Law, Immigration Law and Gov & Administrative Law for Florida on
Q: Am I legally married if I never performed the ceremony but did not present the license?

I applied for a marriage license in Florida, but I never got married and I never returned the license to the court, but the license status is listed as "NOT RETURNED." Does this have any legal effect? I would like to know if this marriage is legalized

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 24, 2023

In Florida, merely obtaining a marriage license does not mean you are legally married. For a marriage to be valid, the ceremony must be performed by an authorized person and the completed license must be returned to the issuing clerk for recording. If the license was never returned and no ceremony... View More

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: I have a child who is an American citizen born abroad. Do I have to add her to my immigrant wives i-864 as dependent?

I added my parents, my wife and child and me as 5 household in i-864 for my wives sponsorship. My daughter is an abroad born American Citizen with US passport, I added her as a dependent on the i-864. By adding her as a dependent, the household size is 5, Do i need to add her to that i-864, 1st... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Sep 19, 2023

Consider scheduling a consultation with a competent and experienced immigration attorney who can view the documents. Many attorneys offer online video consultations. You should note that when using assets to make up for insufficient income, it is not a straight formula where, for example, if you... View More

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: I have a child who is an American citizen born abroad. Do I have to add her to my immigrant wives i-864 as dependent?

I added my parents, my wife and child and me as 5 household in i-864 for my wives sponsorship. My daughter is an abroad born American Citizen with US passport, I added her as a dependent on the i-864. By adding her as a dependent, the household size is 5, Do i need to add her to that i-864, 1st... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023

If your child is a U.S. citizen and already has a U.S. passport, you generally would not need to include her as a dependent on the Form I-864 for your wife's sponsorship, as she is not seeking an immigrant visa. However, regarding your parents' Form I-864A, the inclusion of your little... View More

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: Can I sponsor my husband whom is an immigrant, on section 8? I am working and may not meet the income eligibility level.

He has been working here in the USA for 10 years paying taxes and has a Social security card. Will that help him be able to sponsor himself?

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 17, 2023

Section 8 is considered a means tested public benefit and cannot be counted towards the minimum income level required on the affidavit of support form. Your husband’s income cannot be counted unless he has permission to work. If you cannot qualify to be his financial sponsor due to insufficient... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.