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Florida Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Florida on
Q: I am a permanent resident married to a US citizen. Over 6 months ago we separated because he assaulted me and cheated.

He out of nowhere shows up to my house unannounced all the time saying he wants to get back and he scares me. Im afraid divorcing him will impact my status. What options do i have since he will not leave me alone and its scaring me and stressing me since im afraid he might do it again

James L. Arrasmith
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answered on Sep 18, 2024

I'm really sorry to hear that you're going through this. Your safety is the top priority, and you don’t have to tolerate him showing up unannounced or making you feel unsafe. You can consider filing a restraining order to protect yourself from further harassment. If he's been... View More

1 Answer | Asked in Immigration Law for Florida on
Q: I’m Cuban; I220A. I have cancer, and I need my green card. What can be done in order to get a regular status?

I have been in the country since July 2022. I was diagnosed with cancer 5months ago. I am 24 yo.

James L. Arrasmith
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answered on Sep 17, 2024

You have options to explore for obtaining legal status in the U.S., especially given your medical condition. Since you are Cuban, you might qualify for adjustment of status under the Cuban Adjustment Act (CAA) after being in the U.S. for one year. The CAA provides a path to apply for a green card... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Can I travel internationally with H1B visa stamp while i130 and i485 are pending?

I currently have an H1B visa stamp that is valid until October 2025. I am getting married in November 2024 but I do have some international plans in March 2025 for a week and a half. Can I travel internationally with my H1B visa stamp? Do I need to file I-131 form? I’ve read online that H1B is... View More

James L. Arrasmith
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answered on Aug 29, 2024

You can generally travel internationally on an H1B visa while your I-130 and I-485 are pending. The H1B visa allows dual intent, meaning you can have immigration intent and still return to the U.S. without negatively affecting your applications. As long as your H1B visa is valid, you should be able... View More

1 Answer | Asked in Immigration Law for Florida on
Q: How do I update USCIS with my husband's extended DS-2019 for my pending J-2 EAD renewal?

I submitted my J-2 EAD renewal application two months ago, but I haven't received an approval notice yet. Meanwhile, my husband's DS-2019 has been extended for an additional year. How can I notify USCIS about the updated DS-2019, so they can extend my new EAD card validity period accordingly?

James L. Arrasmith
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answered on Aug 29, 2024

To update USCIS with your husband's extended DS-2019 for your pending J-2 EAD renewal, you should send a copy of the new DS-2019 form along with a cover letter explaining the situation. In your cover letter, include your full name, date of birth, and your USCIS receipt number. Clearly state... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Hi, I have a valid US Advance parole and valid EAD card. Do I need to apply for Mexico visa for tourist purpose?

Planning for 1 week travel to Mexico.

James L. Arrasmith
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answered on Aug 27, 2024

If you have a valid U.S. Advance Parole and a valid Employment Authorization Document (EAD), you might not need a visa to visit Mexico. Mexican immigration laws generally allow U.S. visa holders or those with a valid entry document to enter Mexico without an additional visa for short stays.... View More

1 Answer | Asked in Immigration Law for Florida on
Q: I have a L1B visa, but my company it's a startup that is not going well. I need to find alternatives to remain in the US

I need to explore any other visa that allows me to stay in the country work and my spouse too. Can you help me? I'm brazilian, a sr business development representative.

Let me know,

tks

James L. Arrasmith
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answered on Aug 16, 2024

You have options to explore for staying in the U.S. after your L1B visa, but it depends on your situation and what makes sense for you. One possibility is an H1B visa, which could allow you to work for a different employer. Since your role is in business development, your new employer would need to... View More

1 Answer | Asked in Immigration Law for Florida on
Q: What Civil Family Court Docs besides cover sheet to open new case to Petition a Motion to life a verbal ban reg. parent

And to revoke a rep power of attorney duties he is abusing it. Called abuse of power

James L. Arrasmith
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answered on Aug 15, 2024

To petition a motion to lift a verbal ban related to parenting, you will typically need several documents. In addition to the cover sheet, you should prepare the petition or motion document itself, clearly outlining the reasons for requesting the ban to be lifted. This document should include... View More

1 Answer | Asked in Immigration Law for Florida on
Q: I sponsored a family on U4U the mother got Travel papers & minor daughter didn’t can she come on a visa and mom on U4U

Just wanting to know if mom can bring her 9 year old on Visa and mother come on U4U without any problems at the security or when they get in US

James L. Arrasmith
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answered on Aug 1, 2024

In your situation, it is possible for the mother to enter the U.S. on the Uniting for Ukraine (U4U) program while her daughter enters on a visa, but there are important considerations. Ensure the visa for the daughter is valid and she meets all entry requirements. They must each have their... View More

1 Answer | Asked in Immigration Law for Florida on
Q: can a eb-4 beneficiary be his own financial sponsor?
James L. Arrasmith
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answered on Aug 1, 2024

As an EB-4 beneficiary, you cannot act as your own financial sponsor. U.S. immigration law requires that a financial sponsor be someone who is a U.S. citizen or lawful permanent resident and meets certain income requirements. The purpose of a financial sponsor is to ensure that you will not become... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Can i ask for a copy of the letters the attorney has been sending to the USCIS if they are representing our non-profit?
James L. Arrasmith
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answered on Aug 1, 2024

Yes, you can request copies of the letters your attorney has sent to USCIS on behalf of your non-profit. Attorneys are generally required to keep their clients informed about the status of their cases and provide copies of correspondence upon request.

It's important to maintain open...
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1 Answer | Asked in Immigration Law for Florida on
Q: In 1999 I adopted my daughter while living in Costa Rica. Two years later we moved back to U.S.

I didn't realize I had to go through the whole immigration process. She went back to Costa Rica to live with her father for a while when she was 10 and he never let her come back. She now is 29 and would very much like to become a US citizen. How can I help her accomplish that? I am a US... View More

James L. Arrasmith
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answered on Jul 18, 2024

You can help your daughter by applying for her to become a lawful permanent resident (LPR) through family sponsorship. As a U.S. citizen, you can file Form I-130, Petition for Alien Relative, on her behalf. This form establishes your relationship and starts the process for her to obtain a visa... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Can the UHP Person buy the gun?

Can I buy the gun for hunting If i came to US by Ukrainian Humanitarian Parole and I am resident of Florida and have a hunting license?

James L. Arrasmith
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answered on Jul 18, 2024

As a Ukrainian Humanitarian Parolee (UHP) residing in Florida, your eligibility to purchase a firearm for hunting purposes is subject to both federal and state regulations. Under federal law, non-immigrant visa holders are generally prohibited from purchasing firearms, but there are exceptions,... View More

2 Answers | Asked in Immigration Law for Florida on
Q: For form I-485(with I-130, child over 21 US citizen)the waiver for overstay visa should be sent together or on demand?

Should you send the waiver with all the other forms right from the get go, or send your forms and see if they ask for the waiver?

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 9, 2024

If the sponsor is a US Citizen child over 21 and you’re sponsoring a parent, you do not need a waiver for mom or dads overstay. Are you sponsoring your mom or dad?

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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

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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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

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

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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
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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.
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

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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...
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