Florida Immigration Law Questions & Answers
Q: I am asylum pending now. I got approval for perm and I-140 based on EB3 . Time to apply Visa through consular processing
My question is if I got denied from 3rd country embassy how can I go back US. What is the best way to protect me and my family. I have no serious reason to apply advance parole. Do USCIS approve advance parole to get interview outside the country? If I can't re enter US, what will happen to my... Read more »
Advance Parole is granted based on good-faith. Going to third country for interview is good faith answer as to why you need advance parole. You may be granted. In the meantime, when your visa is current, you may apply for adjustment status in US.
Q: Can I book my flight directly to Florida from the Caribbean island instead of going to Illinois where I was filed for?
Yes, as long as you don't violate the terms of your visa. In abundance of caution, I encourage you or anyone to consult with an experienced licensed immigration attorney saving you time, money, and future headaches.
Q: What happens if I missed annual checkup appointment with ICE? I am married to US citizen and my I-130 was granted.
I also have a witholding of removal granted in 2011
Probably nothing, if you get in touch with ICE right away. The longer you wait, the more issues you will have.
Q: Hi we are here a legal immigrants with permeant green card from 2017 And we have marketplace insurance (obama care)
Hi we are here a legal immigrants with permeant green card from 2017
And we have marketplace insurance (obama care)so is the marketplace insurance (obama care) in the public charge law?? and we have for stop it?? and is that affect on us when we are applying for citizenship
No, where you ‘and’ your employer pay for it, it’s required, and it’s not subsidized as a means tested benefit. If you are still confused, schedule an appointment or teleconference with a competent and experienced immigration attorney. Good luck.
The above is general information,... Read more »
Q: Have a possession of marijuana for 2 grams, doing PTI. Will I get deported even if I've have a green card for 8 years?
Generally a PTI in the State of Florida, wherein I see from your post you are located, can be a good disposition in a controlled substance related case so as to avoid negative immigration consequences. I would warn you, however, that in analyzing a Texas PTI case, the Board of Immigration Appeals... Read more »
Q: If I have an approved I 130, can I apply for an I 485 if I’m in the US but my I 94 is expired?
My I 130 was approved and I have just received a notification from the NVC regarding my visa. I’m currently in the US but my I 94 expired and I would like to change my status to not have to go through the consular process and proceed with an adjusted status instead. Is that possible?
It depends on whether your Visa is current. You can find out whether it is on monthly Visa Bulletin
Q: My girl friend lives in the Ukraine and is traveling here on a B-1 tourist visa . Can we get married and her stay
More information is needed, but a person cannot use a B-2 non-immigrant tourist visa with immigrant intent. A B-1 non-immigrant visa is for temporary business reasons. Your desire to marry your girlfriend, aside, I strongly recommend an appointment or teleconference with a competent and... Read more »
Q: Can I petition my parents with my 19 year old sister as a minor for green cards.
I just became a citizen and I want to bring my parents at the same time with my youngest sister. Is this possible since my sister is under 21.
You need to petition for your parents and your sibling separately. Or your parents may petition for her when they become Permanent resident.
Q: What can I do if my fiancé who overstayed his visa get detained to not to be deported?
You may marry him, petition for him before deportation starts. Of course, you need to hire an attorney to request immigration relief for him during deportation proceeding.
Q: How do I go about getting a green card as a professional?
I have been invited to work for a company in the US but don't have a work permit. I am currently in the US with a B1-B2 visa. I have been offered employment because I speak 5 languages and have a BA at the Academy of Arts in Amsterdam, Holland. I am a highly qualified administrator with 30+ years... Read more »
Set up a consultation with an Immigration lawyer who will advise you of all the pathways that you can qualify to obtain LPR status.
Q: changing second name in birth certificate
To whom it may concern,
I'd want to clear up a couple of questions, connected with a birth certificate topic.
We need to change a second name for an eight-year old child. A child has a double citizenship, from US and from Russian Federation (a birth certificate recieved in Miami,... Read more »
This is not the right place to seek legal representation. This is a free public forum designed to allow members of the general public to ask participating lawyers general legal questions. If you want to hire a Justia lawyer, you should use the “Find A Lawyer” tab at the top of this page. You... Read more »
Q: what happens to US citizen children if both parents (legally on non-imigrant visa) die, no other family in US?
I am a foreign citizen previously on J-1 now on O-1 visa. I had children while on J-1 which are US citizens. My wife is also foreign born (J-2, now O-3). I would like to know what would happen to our children, for some reason, we both were to die. Who would retain custody (no family members in US,... Read more »
Most of your question is family law based, but as the question about US citizenship: because they were born in the US, they are US citizens.
Q: I am on J1 applied for COS into dependent O3, currently pending. Should I tell my employer about the change.
I am on J1 and applied for COS into dependent O3 visa. Can I tell my employer and move with my husband within a month. Will it be safe to assume that becuase my I 94 expires in 2021 and I applied for COS in March, I can still make a move. Or my status will be jeopardized because of cancellation of... Read more »
If you have not already done so, you should schedule a consultation with an immigration attorney to review your situation. The answer to your question requires a number of details best done in a consultation with an attorney to ensure you take the steps necessary to maintain your status.
Q: Can we get in trouble? Thank you!
Me and my father are living in Florida, and he got the Nevada Driver's License, because there he has the documents that they required. We bought a car in Colorado. But now we are in Florida, with Nevada drivers license only, we don't have the required documents to get a Florida's License. We have... Read more »
You probably want to speak with an immigration attorney in Florida. If you do get pulled over, the officer may ask questions that could reveal your legal status in the country. If the jurisdiction in which you are pulled over has an interagency agreement with ICE, simply being pulled over and... Read more »
Q: Can I as an undocumented alien get health insurance through my job
Your employer may have trouble, because you ‘may’ lack documentation insisted upon by the insurance organization and required by law. The insurance company may require a valid social security number or Tax ID#.
In general, you should not be employed as a matter of immigration law, so... Read more »
Q: I’m a us citizen Filed application to bring step child have been waiting for two years and 1/2 to hear if she approved
It is not clear from your question whether you are waiting for the I 130 to be approved or whether your case is stuck in consular processing. I suggest that you provide more information to an experienced immigration lawyer so that they can assist you in finding out about the delay, making an... Read more »
Q: Hello! I was pending i-539 application to change my B-2 to F-1 visa. However while waiting I got married and me and my
husband applied for green card. I thought my i-539 will be canceled automatically, but it never happened. Yesterday I got the evidence request for F-1 visa mail, so my application is still pending. Tell me please, what should I do to cancel my i-539 application.
Consider scheduling a consultation with a competent immigration attorney to go over in detail all facets of your case. Generally speaking, however, if you no longer have any intent of pursuing F-1 status and so long as there are no inadmissibility issues in connection with your "green card" case,... Read more »
Q: Hi my mom is Canadian citizen she overstayed since July 2017 due to helping Me with my newborn. At beginning we
Do not know as Canadian Only allow to stay for six months since there is no visa on the passport. After finding that out we also learned that she might not able to come back for 10 years if she leaves. So she stayed instead . surprisingly In 2018 she was able to renew her drivers license with... Read more »
If you have not already consulted with an experienced immigration attorney, you should likely do so. The 10-year penalty of which you speak is triggered upon departure. If you are a U.S. Citizen and if your mother has the intent to immigrate to the United States, there may be a way to legalize... Read more »
Q: K1 visa question about income
At my fiancees K1 visa interview he was told that I (the us sponsor) does not make enough money to be his sponsor, even tho I make above the required amount, I believe they will not accept it because I am on disablitlity . I was able to get an amount raised to put into my savings. will this be... Read more »
You should retain counsel here in Florida to represent you from start to finish so that your case will be handled without delay or complications.
Q: Can a Cuban Asylee apply to the Green Card by the Cuban Adjustment Act or does he need to apply as a regular Asylee?
The Cuban presented himself at a border point on the border with Mexico and requested asylum, was detained in a migration center for 3 months, went to trial, won the case and was released as an asylee.
Does this apply as "inspected and admitted or paroled" ?
The answer to your question depends on whether the individual in question was inspected and admitted or paroled. The individual should schedule a consultation with a competent immigration attorney and bring copies of all immigration documentation issued to him or her.
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