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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

Kevin D. Slattery
Kevin D. Slattery
answered on Jan 3, 2024

As another colleague has indicated, yes, you should notify USCIS about your divorce and ask that your case be converted to what is known as a good faith marriage waiver. You do not need to refile the case. Consider scheduling a consultation with a competent and experienced immigration attorney... 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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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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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
Syed Ali Hussain Lahooti pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
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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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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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: Is it possible to extend VENEZUELAN TPS & EAD from April 2025 to September 2025?

I applied for VENEZUELAN TPS & EAD in September & December 2022. I finally got them approved in May 2024. Both are set to expire on April 2, 2025. I want to know if I can extend them until September 2025.

James L. Arrasmith
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answered on Nov 15, 2024

Based on the current USCIS guidelines, you can file for TPS re-registration when DHS announces a new extension or redesignation for Venezuela. While your initial registration is valid until April 2025, any future extensions would depend on the Department of Homeland Security's decisions... View More

2 Answers | Asked in Immigration Law for Florida on
Q: My temporary green card has a residence date as of 09/25/19 . My 10 years GC says 12/30/19.Which one is correct?

Immigration Issue. I think USCIS possibly made an error. I had no idea I was a resident as of 12/31/19 until this year when I received my 10-year green card in the mail. It's causing an issue with my N400 application, which I already paid for because USCIS is going with 12/30/19 and I went... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Oct 28, 2024

Schedule a consultation with an experienced immigration attorney who can evaluate your documents. If your documents are not conclusive, filing a Freedom of Information Act (FOIA) request to retrieve a complete copy of your alien file from USCIS may be helpful. Many attorneys offer online video... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: Where can I find a lawyer that deals with international immigration? Especifically Swiss law?

I need help navigating an appeal to an entry ban from Switzerland.

James L. Arrasmith
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answered on Oct 24, 2024

Finding the right legal assistance can make a significant difference in your case. Start by reaching out to the Swiss Bar Association, which maintains a directory of qualified lawyers experienced in immigration law. Their website allows you to search for professionals based on your specific needs... View More

1 Answer | Asked in Divorce, Family Law, Immigration Law and Child Support for Florida on
Q: Please I need to legal advise for my family.

I live in Florida, I have a family consist of 6 members my wife and I with daughters 19 y and 14y and sons 18 year 16y, I would like to sell my home and move outside the country for one year because I have work in my an original country .

my wife and son want not to move with me and I can... View More

James L. Arrasmith
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answered on Oct 13, 2024

Hello Fathi,

I'm sorry to hear about the challenges you're facing with your family situation. Moving abroad while ensuring your family's well-being is a significant decision that requires careful consideration. It's important to have open and honest conversations with...
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2 Answers | Asked in Immigration Law for Florida on
Q: I’m currently applying for change of status. Does our joint sponsor have to live at different address

I’ve read that to combine income with a relative (i864a) they must be living at the same address but can’t find anywhere to say that if we use a relative as a joint sponsor (i864) they CAN live at same address. I just read that they don’t have to be living at the same address. Can we use i864... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Sep 28, 2024

There is no requirement that the joint sponsor live at a different address

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