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Florida Immigration Law Questions & Answers
2 Answers | Asked in Family Law and Immigration Law for Florida on
Q: Can I file a lawsuit against my husband's ex girlfriend in the state of Florida? We are residents in the state of FL.

My husband and I separated (no divorced) for almost a year last year. He started a relationship with a woman that lasted a few months. After talking and trying to solve our differences, my husband and I decided to get back together and restore the family we once were with our four children. We are... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 25, 2023

No, your husband probably can't successfully sue her for this. Report it to law enforcement.

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1 Answer | Asked in Child Custody, Family Law and Immigration Law for Florida on
Q: Can a parent file a petition for child that lives in another state?

My ex lives in Pennsylvania she came from Honduras 5 years ago with her other husband and kids. I have a son with her that’s been living with me in Florida since 2015 when I arrived to the state from Honduras. Recently she came down here to Miami to pick up my son to spend the summer in... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 22, 2023

If your son stays with his mother in Pennsylvania for six months or more, she will be able to file for custody there, and the Pennsylvania courts will have exclusive jurisdiction to decide custody. You should contact a Pennsylvania attorney for more specific advice regarding how to get your son;... View More

1 Answer | Asked in Immigration Law for Florida on
Q: tengo un ticket de 100usd por pethit theft,en 2 meses aplicare a mi residencia, me afectara?me citaran para ir a corte

Hola realice un pequeño robo en Waltmart por necesidad de dinero (50usd), llamaron a la Policia y me pusieron un ticket de 100usd por Petit Theft. En 2 meses debo realizar mi solicitud de green card, afectará mi petición? Luego de pagar el ticket me llegará alguna citación a la corte ? Ya que... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Jun 18, 2023

Consult with a competent and experienced immigration attorney. Depending on the particular statute under which you were charged and convicted, you may or may not have been convicted of a crime involving moral turpitude, which could serve as a ground of inadmissibility (legal obstacle to getting a... View More

1 Answer | Asked in Immigration Law and Business Law for Florida on
Q: We have a lawn business in florida. We employee 1 worker who isn't documented.

How will this new law that florida passed effect my employee and my business. He is worried about perhaps having to leave florida

Kevin D. Slattery
Kevin D. Slattery
answered on Jun 1, 2023

You should likely schedule a consultation with a competent and experienced immigration attorney who can discuss the details in a private setting. Does your employee "who isn't documented" have lawful work authorization, such as employment authorization through DACA (Deferred Action... View More

2 Answers | Asked in Immigration Law for Florida on
Q: I-130 Case question

I am on a I-130 case (my father's wife was filed for by her US citizen dad)that was approved in 2019 but i wasn't given the opportunity to get processed by my parents even though USCIS provided an option to us to continue with me on the case. This decision was taken due to my age at the... View More

Monica E Rottermann
Monica E Rottermann
answered on May 30, 2023

As a green card holder, your father can file an I-130 petition for you, as long as you are unmarried. Visa availability depends on what country you are from and you can check the Visa Bulletin for an idea of how many years it will take for a visa to become available to you:... View More

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2 Answers | Asked in Employment Law, Contracts and Immigration Law for Florida on
Q: Can I get in trouble if my employer is never asked me to fill out an I-9 form?

My friend has been working for a company for a little shy of a month now and thier employer's have never asked him to fill out an I-9 form. They have been getting paid (direct deposit actually) bi-weekly. I'm worried about him getting in trouble for it.

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

Relax. The rules re: I-9 forms put penalties on the Employer, not the employee. If your friend is really worried, you can always download an I-9 from the IRS and fill it out to submit to the employer. Keep a dated copy. BUT if the employer is not asking for it and is not taking out employment... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: Immigration Question

Hello, I have a friend who came over as a one year old and she is now 22, legally married to an American citizen and is expecting their first child. She only has her foreign passport since she came over without consent as a baby. What are the steps she has to take to get her citizenship? She would... View More

Kevin D. Slattery
Kevin D. Slattery
answered on May 22, 2023

Before seeking citizenship through naturalization, she would need to first apply for U.S. legal permanent resident status. Whether she entered on a visa and overstayed or entered without inspection will dictate which path the case takes. If she entered originally through an official port of entry... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: US citizen sponsoring 2nd husband

Im a US citizen, i sponsored my first husband back in 2009 ,he got his green card at the beginning of 2011 and then problems started between us right after he got his PR so i divorced him in dec of 2012, i got married again in 2018 and i would like to sponsor my second husband this year for a PR,... View More

Kevin D. Slattery
Kevin D. Slattery
answered on May 22, 2023

The fact that one has previously sponsored an ex-spouse does not automatically foreclose sponsoring a second spouse. USCIS will simply look at your facts to make sure this is not, e.g., a pattern and practice of marrying foreign individuals, for example, to earn money. The measure for approval... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: I applied Form I-751,but have not received Form I-797C.The case inquiry was submitted. No answers.What should I do next?

my green card expires in 4 days, I applied Form I-751 3 months ago, but still have not received notice of action. I already submitted the case inquiry but still nothing.

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

If you have tried the USCIS applicant service options listed above but still need help resolving a problem with an application or petition, you can ask the Ombudsman’s Office for help by taking the following steps:

Please submit all evidence or information regarding the efforts taken to...
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2 Answers | Asked in Immigration Law for Florida on
Q: Spacing on last name, does it matter?

I am in the process of petitioning my mom. The last name in her birth record is De leon while in my birth record her last name is Deleon. Is it going to be a problem?

Monica E Rottermann
Monica E Rottermann
answered on Mar 24, 2023

No, that should not be a problem. If she is going to be applying for an immigrant visa abroad, the Department of State typically uses the name as written on the passport so you can check the spacing on her passport and write her name on the forms as it is reflected on the passport. The different... View More

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3 Answers | Asked in Criminal Law and Immigration Law for Florida on
Q: Reduce Misdemeanor for petit theft ($55) to infraction in Florida as a first-time offender?

I am on a visa and therefore would like an "immigration-safe" outcome of the case. Is it possible to reduce my misdemeanor charge for petit theft of $55 to an infraction in Florida? If not, do you recommend anything else to not be convicted under USCIS law? I am a first-time offender.

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 21, 2023

Consult with a competent and experienced immigration attorney and be prepared to provide copies of your criminal case documents for analysis. If the charge is the petit theft statute (and not the retail theft statute), there is actually good case law as it relates to such an offense NOT being a... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: Can a cuban with I220A and court get representation for asylum in court for free?

I am Cuban and came here through the border in September 2022. USCIS gave me a I220A with Court's date in March 2024. I applied for asylum in November 2022, but I have not received any answer yet. I would know about my options and if would be possible legal representation from a pro bono... View More

Monica E Rottermann
Monica E Rottermann
answered on Mar 17, 2023

Unfortunately, the government does not provide free attorneys in removal proceedings. If you are trying to find an attorney to represent you pro bono you have to try contacting the organizations and individual attorneys listed on the Free Legal Services provider list you would have been given when... View More

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6 Answers | Asked in Immigration Law for Florida on
Q: hi My wife is gonna come to us on a J1 visa I'm a us citizen already we got married overseas can I file her a paperwork

hi My wife is gonna come to us on a J1 visa I'm a us citizen already we got married overseas can I file her paperwork to stay in US if wanna file an i130 form should be going to court and marriage again in the US or using the marriage paperwork from the overseas

Moses Apsan
Moses Apsan
answered on Mar 9, 2023

You have to look and see if her J visa is “subject “ to or not. If not you can process your case and wait in the US during the process. If she is “subject” to then she will require a waiver of the 2 year foreign residency requirement.

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2 Answers | Asked in Immigration Law for Florida on
Q: My cousin is at Broward detention center. He doesnt have papers, and he has his first hearing this coming Monday 13th.

He doesnt have a lawyer ( I learn from another question in your website, that he doesn't have the right for a free one), but I wonder if in that first hearing he should have one already, or he can ask the Judge for more time to get one? Im not sure what that first hearing is for. He came to... View More

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Mar 8, 2023

You should definitely get him a skilled immigration lawyer. You can see if any non profits in your area do removal work but you will likely have to take out a loan or something to pay a private one as most non profits are over capacity and/or don’t handle removal work. If this is his first master... View More

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4 Answers | Asked in Immigration Law for Florida on
Q: Can my cousin have a free immigration lawyer?

My cousin is at Broward detention center (Immigration center) He's been illegal here for 22 years, no wife, no kids. He has a brother who's a Resident ( who had medical problems, and a lot of medical bills ) and a niece who's a citizen. He never filled his taxes ( maybe just a couple... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Mar 7, 2023

He is not eligible to have a free legal counsel as that only attaches to criminal cases not administrative immigration proceedings.

He must retain a local immigration counsel without any delay as his future will be permanently affected by removal proceedings.

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4 Answers | Asked in Immigration Law for Florida on
Q: I came with form i220A. I have been in the US since 06/06/22 but my court date is on 05/05/23..

Is there anything that can be done if the court date is one month before my year in this country?

Patricia C. Wall-Santiago
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Patricia C. Wall-Santiago
answered on Mar 8, 2023

You last entered the U.S. on June 06, 22 and your hearing date before an immigration judge is on May 05, 23.

There might be several things that can be done in your case, but I need more facts. But for certain, you must notify the court of any changes in your address and contact...
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2 Answers | Asked in International Law and Immigration Law for Florida on
Q: Do consular officers have discretion to not require an inadmissibility waiver, where it was thought to be necessary?
Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Mar 4, 2023

Consular officers have discretion over discretionary issued but inadmissibility is not a discretionary issue and the consular officer is tasked with doing his or her job of enforcing the laws and regulations governing admissibility. That being said the issue is a complex one. For instance consular... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: I have E2 Visa, my 19 year old E2 dependent student. I got married, applying for GC. When does she need to switch to F1?

I heard when I apply for GC, change E2 status, that the E2 Visa will be cancelled. Obviously when I get the GC I will sponsor my daughter...however, I assume until then, she will need to switch to F1. Do we do that first, or can we do GC application and F1 at same time?

Kevin D. Slattery
Kevin D. Slattery
answered on Feb 28, 2023

Processing times for change of status from one nonimmigrant status (e.g., E-2) to another nonimmigrant status (e.g., F-1) are very lengthy; much longer that the likely processing time for your marriage-based adjustment of status case. Moreover, maintenance of status for your daughter is crucial.... View More

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1 Answer | Asked in Criminal Law, Immigration Law and Tax Law for Florida on
Q: The 1924 Indian Citizenship Act was fraud because the Indians could not vote in 1925?

In 1924 nothing actually changed after the Indian Citizenship Act. The Indians were still treated as foreigners. They are called Black not which makes them look like Africans.

James L. Arrasmith
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answered on Feb 26, 2023

The 1924 Indian Citizenship Act was an important milestone in the history of the United States, as it granted citizenship to all Native Americans born in the United States, regardless of their tribal affiliation. The act was intended to rectify the legal and political status of Native Americans,... View More

1 Answer | Asked in Immigration Law for Florida on
Q: I reapplied for tps Haiti but not the ead. Can I still work on it without reapplying for the ead to use the extension?

They extended it late January but I only sent in the tps application. So do I have to reapply for the ead to use the extension or is the extension and automatic thing and I can still work without needing a new one?

James L. Arrasmith
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answered on Feb 26, 2023

If you have already been granted an EAD (Employment Authorization Document) based on TPS Haiti, then you may continue to work with that EAD through the end of the automatic extension period. However, if you did not apply for a new EAD when you reapplied for TPS, then you will not be able to work... View More

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