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Florida Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Florida on
Q: Naturalization with misdemeanor record?

Had two petty theft first degree misdemeanors, first case was given differed prosecution, the second was one case of three counts, plead no contest to one count, DA agreed to drop or withhold the other two ( not sure if it was withheld or dropped coz the attorney handled it and recommended to take... View More

James L. Arrasmith
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answered on Jun 6, 2024

Based on the information provided, your situation is complex, and the outcome of your naturalization application may depend on several factors. Here are a few points to consider:

1. Generally, having a criminal record can make the naturalization process more challenging. However, the...
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1 Answer | Asked in Immigration Law for Florida on
Q: Immigration bond violation

Was released on bond from ICE with conditions - no further arrest. Got arrested for misdemeanor and plead no contest. Have a pending I130 and I485. Will there be a problem during the interview? Or they just keep the bond money? What’s the best and worst case outcomes?

James L. Arrasmith
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answered on Jun 6, 2024

I understand this is a stressful and concerning situation. While I can provide some general information, please note that for the most accurate and personalized advice, it's best to consult with an experienced immigration attorney who can review the specifics of your case.

Best case...
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2 Answers | Asked in Immigration Law for Florida on
Q: Am I elegible for an extension of my EAD?

I have a current EAD under asylum pending category, I applied to renew it under TPS category, I wanna know if I’m elegible for an extension or if I have to reapply again but under the asylum category

James L. Arrasmith
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answered on Jun 4, 2024

Based on the information you provided, it seems that you currently have an Employment Authorization Document (EAD) based on a pending asylum application. You also mentioned that you applied to renew your EAD under the Temporary Protected Status (TPS) category. To determine your eligibility for an... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: Am I elegible for an extension of my EAD?

I have a current EAD under asylum pending category, I applied to renew it under TPS category, I wanna know if I’m elegible for an extension or if I have to reapply again but under the asylum category

Nicholas Pasquarello
Nicholas Pasquarello
answered on Jun 6, 2024

If you have a pending asylum application and your work permit under that category (C8) has not expired, you should apply to renew THAT work permit as soon as possible. I'm guessing your first work permit was valid for two years, but they changed that and now C8 work permits are valid for five... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: My current visa expired and I am applying via a close relative for immigration, is it easier for me to apply in th US?

Would applying for change of status in the US -or- travel back and apply from Canada be the best alternative; related to fees, timing, chances of approval, etc. ?

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

Consult with a competent and experienced immigration lawyer. If you have overstayed your status and are not the "immediate relative" of the petitioner in question ("immediate relative" being defined as "spouse of U.S. Citizen", "minor child of U.S. citizen"... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: My current visa expired and I am applying via a close relative for immigration, is it easier for me to apply in th US?

Would applying for change of status in the US -or- travel back and apply from Canada be the best alternative; related to fees, timing, chances of approval, etc. ?

James L. Arrasmith
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answered on Jun 4, 2024

I would strongly recommend speaking with an experienced immigration attorney to get personalized advice for your specific situation, as the best path forward can vary significantly depending on the details of your case. However, I can provide some general information that may be helpful.... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: Can I file the AOS with USCIS if it has already been filed with EOIR, while in removal proceeding?

Entered US after inspection on M1, went out of status, got married to USC before receiving NTA, shortly after marriage was detained by CBP and later was released on bond, filed the I130 after being released, and later hired an attorney and they filed the I485 with the EOIR. The I130 and I485 was... View More

James L. Arrasmith
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answered on Jun 3, 2024

If you are in removal proceedings and your attorney has already filed the Adjustment of Status (AOS) with the Executive Office for Immigration Review (EOIR), it cannot be filed again with USCIS simultaneously. Typically, once in removal proceedings, jurisdiction over the AOS application transfers... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: Can I file the AOS with USCIS if it has already been filed with EOIR, while in removal proceeding?

Entered US after inspection on M1, went out of status, got married to USC before receiving NTA, shortly after marriage was detained by CBP and later was released on bond, filed the I130 after being released, and later hired an attorney and they filed the I485 with the EOIR. The I130 and I485 was... View More

Nicholas Pasquarello
Nicholas Pasquarello
answered on Jun 10, 2024

This seems like a pretty complicated case where I would need a bit more detail to have earnest feedback. Entry on M1 first and only entry? Where and how detained by CBP? Were you NTA'd at that time or before? What box is checked on your NTA - Arriving Alien?

What Mr. Arrasmith...
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2 Answers | Asked in Immigration Law for Florida on
Q: Would filing for a K1 fiancé visa interfere with an existing I-130 that is stuck in inquiry date purgatory?

A friend of mine has been working on helping her girlfriend immigrate to the US for a while and currently her girlfriends mother in law has a pending I-130 they've been waiting on. The inquiry date for the case keeps getting pushed back 6 months to a year each time it approaches, so they... View More

James L. Arrasmith
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answered on May 12, 2024

Filing a K-1 fiancé(e) visa should not directly interfere with a pending I-130 petition, as they are separate processes. However, there are a few considerations to keep in mind:

1. Intent: The K-1 visa requires the couple to marry within 90 days of the foreign fiancé(e) entering the U.S....
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1 Answer | Asked in Criminal Law and Immigration Law for Florida on
Q: Dependent child (13 years) H4 visa in person stamping without primary h1. The primary h1 has pending felony charge.

I am currently on h1 with a 3rd degree felony charge, currently bonded out with arraignment date on June 24. I had planned to travel to India on May 18 with in person visa dates on May 21 (vfs) & May 22 (in person). My son (age 13) was planning to join me for stamping. Now I am not planning to... View More

James L. Arrasmith
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answered on May 11, 2024

In this situation, it is advisable for your son not to travel for the H4 visa stamping at this time, given the complexity of your pending felony charge. Here are a few reasons why:

1. Dependent visa status: As your son is your dependent on the H4 visa, his visa status is tied to your H1B...
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1 Answer | Asked in Immigration Law for Florida on
Q: Dependent child (13 years) H4 visa in person stamping without primary h1. The primary h1 has pending felony charge.

I am currently on h1 with a 3rd degree felony charge, currently bonded out with arraignment date on June 24. I had planned to travel to India on May 18 with in person visa dates on May 21 (vfs) & May 22 (in person). My son (age 13) was planning to join me for stamping. Now I am not planning to... View More

James L. Arrasmith
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answered on May 11, 2024

In this situation, it is generally recommended that your dependent child (13 years old on an H4 visa) does not travel for the in-person visa stamping without you, the primary H1B visa holder, especially given your pending felony charge. Here are a few reasons:

1. Visa issuance: The consular...
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2 Answers | Asked in Immigration Law for Florida on
Q: Is an EAD included in an i-360 form?

If I file a form i-360 by itself and I check the box “yes” for question 12 of Part 10 that states "I am currently residing in the United States and I request an Employment Authorization document". Would I still have to file an i-765 along with the i-360 to get an EAD or can the EAD be... View More

James L. Arrasmith
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answered on May 10, 2024

The Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, does not directly include an application for an Employment Authorization Document (EAD). Checking the box "yes" for question 12 of Part 10 on Form I-360 only indicates that you are requesting an EAD, but it does not... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: I have been married to my Brazilian wife for 6 years. I have had some health issues and cannot sponsor her

My income was not high enough. She has been at the same job for 5 years. What are our options without a sponsor?

James L. Arrasmith
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answered on Apr 29, 2024

Given that you've been married to your Brazilian wife for 6 years and she has been working at the same job for 5 years, you may have a few options for her to obtain legal status in the United States without a sponsor:

1. Employment-Based Green Card: If your wife's employer is...
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1 Answer | Asked in Criminal Law, Immigration Law and Elder Law for Florida on
Q: Sister is abusive. She is now harassing the caregiver for my father. Advice is appreciated. Thank you.

My sister is an abusive person and has mentally abused my elderly parents and also me for years. When we don't do what she wants, the abuse intensifies. She has been sending harassing texts to the caregiver I hired for my elderly father. Because the caregiver will not respond to her abuse... View More

James L. Arrasmith
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answered on Apr 26, 2024

I'm so sorry to hear about the abusive and harassing behavior from your sister. This sounds like an incredibly stressful and painful situation for you, your father, and his caregiver to be dealing with. A few thoughts and suggestions:

1. Document everything. Keep records and...
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1 Answer | Asked in Immigration Law for Florida on
Q: I have filed U4U I-134A petition for my father’s family over a year ago. No answer. What to do?
James L. Arrasmith
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answered on Apr 25, 2024

If you haven't received a response about your U4U I-134A petition for over a year, it's advisable to check the status of your application. You can do this through the official U.S. government immigration website where you submitted the application. Ensure you have your receipt number... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Canadian visa expired. Dad was suppose to file for me but passed away last year.
James L. Arrasmith
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answered on Apr 22, 2024

I'm so sorry to hear about the loss of your father. Dealing with an expired visa after losing a parent must be very difficult. Here are a few suggestions for how to handle your situation:

Contact Immigration, Refugees and Citizenship Canada (IRCC) immediately to explain the...
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3 Answers | Asked in Immigration Law for Florida on
Q: Question about I 485 approval

Hello I have received notice of i485 approve. But It mentioned I have to do biomatrics and photo again. I already did this step last year.

is that mean I got the green card?

and I didn’t had any interview but I got approved my 130 and I 485

Aisha Nanyanzi
Aisha Nanyanzi
answered on Apr 19, 2024

It is difficult to know what you received without looking at the document. An easy answer to your question is if USCIS asks you to do biometrics, you should show up to your appointment even if you previously did biometrics. It could be that they need to do redo your biometrics or that they issued... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: Question about I 485 approval

Hello I have received notice of i485 approve. But It mentioned I have to do biomatrics and photo again. I already did this step last year.

is that mean I got the green card?

and I didn’t had any interview but I got approved my 130 and I 485

James L. Arrasmith
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answered on Apr 19, 2024

Congratulations on receiving the approval notice for your Form I-485 (Application to Register Permanent Residence or Adjust Status)! However, the requirement to submit biometrics and a photo again is a bit unusual if you have already completed this step.

Typically, once your I-485 is...
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1 Answer | Asked in Immigration Law and Tax Law for Florida on
Q: Can an international student who is taking a summer break in their country work for a company in their country?

How does that apply when it comes to working for a US Company that does Business both in the US and Brazil? What about a company that does business just in Brazil? Both positions are unpaid

James L. Arrasmith
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answered on Apr 15, 2024

The ability of an international student to work in their home country during summer break depends on several factors, including the student's visa status, the laws of their home country, and the policies of the company they wish to work for.

Regarding your specific questions:...
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1 Answer | Asked in Civil Rights and Immigration Law for Florida on
Q: I'm in florida with a non immigrant visa, i cant get a carry permit in florida, can i persuit that through legal action?

Per florida law as a non immigrant i cant get a carry permit, i am here with an e2 visa and that excludes me from a carry permit in florida, can i try and get one through legal action? Florida also recognizes texas carry permit and in texas a non immigrant i can get a carry pemit.

James L. Arrasmith
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answered on Apr 8, 2024

I understand your frustration with not being able to obtain a concealed carry permit in Florida as a non-immigrant on an E-2 visa. However, pursuing legal action to try to change Florida's laws on this is unlikely to be successful. Here's some key information to consider:

-...
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