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Florida Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Florida on
Q: Are there income requirements for the I-751 Petition in Florida?

My fiancée arrived in the U.S. on a K-1 visa in July 2023, and we married within 90 days. She received her conditional Green Card in May 2024. When it comes time to file the I-751 Petition to Remove Conditions on her Green Card, are there any income requirements that we need to meet?

Monica E Rottermann
Monica E Rottermann
answered on Mar 28, 2025

No, as part of the I-751 petition you are not required to file a new I-864, affidavit of support, so there are no income requirements to be met. The purpose of the I-751 is to ascertain if you remain in a good faith marriage with your spouse and you will be required to submit proof of the continued... View More

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3 Answers | Asked in Immigration Law and Appeals / Appellate Law for Florida on
Q: Mistakenly submitted Form I-90 instead of Form I-751, application denied, need advice.

I am a conditional permanent resident, and I mistakenly submitted Form I-90 instead of the required Form I-751 for renewal. My application was denied, and USCIS informed me of the error on March 12, 2025. My conditional residency expired on September 14, 2023, and I submitted Form I-90 in May 2023.... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 18, 2025

Consider scheduling a consultation with a competent and experienced immigration attorney. If you are no longer with the spouse through whom you acquired your conditional permanent resident status or intend to file as a battered spouse, then USCIS will accept your untimely Form I-751 without you... View More

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3 Answers | Asked in Immigration Law and Appeals / Appellate Law for Florida on
Q: Mistakenly submitted Form I-90 instead of Form I-751, application denied, need advice.

I am a conditional permanent resident, and I mistakenly submitted Form I-90 instead of the required Form I-751 for renewal. My application was denied, and USCIS informed me of the error on March 12, 2025. My conditional residency expired on September 14, 2023, and I submitted Form I-90 in May 2023.... View More

Patricia C. Wall-Santiago
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Patricia C. Wall-Santiago
answered on Mar 18, 2025

If you do not file Form I-751, you will automatically lose your permanent resident status and may become removable from the United States. However, if you missed the filing deadline due to reasons beyond your control, you can submit your I-751 late along with a written explanation requesting that... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: How can I quickly renew my expired green card with an unrecognized A-number and recent marital changes?

I'm looking for the quickest way to renew my green card, which expired in December 2024. I've been a permanent resident since 1970. I attempted to renew it online, but I couldn't proceed as the A-number I have is no longer recognized. I've tried contacting USCIS but haven't... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Mar 16, 2025

Consider scheduling a consultation with a competent and experienced immigration attorney. If your alien number has only eight (8) digits, try inputting a zero (0) at the beginning. Nowadays, alien numbers are nine (9) digit numbers. As to marriage, are you going to be using a new surname? That... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: NVC didn't receive yet my petition from USCIS

I've been waiting a total of 85 days through contacting USCIS and NVC with enquiry and I contacted a week ago the congressman but I don't have any news yet. Even though the i797 was sent to NVC, in the portal of uscis says still only approved. NVC didn't receive the case yet. The... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Feb 5, 2025

If USCIS approved your petition and forwarded it to the National Visa Center, you would not direct your inquiries to USCIS. You should direct your inquiries to the NVC using its public inquiry portal. When you do so, make sure to give the NVC your up to date contact information, including a valid... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: I amAmerican , my boyfriend & I are a couple 2 years. he is from Paris. If we get married. What are his rights in USA?

I know he can apply for a work card and then a green card , but can he leave the country? Can I apply for my EU citizenship? We want to meet with someone for 10 mins as we are madly In love and need to hear all of our options please

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 11, 2025

So if you are United States citizen, and he is in the United States right now, you can get married and then sponsor him for a green card. You could also file for an advance Parole permit with the initial filing and once he receives that he is allowed to travel Internationally while the case is... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: I amAmerican , my boyfriend & I are a couple 2 years. he is from Paris. If we get married. What are his rights in USA?

I know he can apply for a work card and then a green card , but can he leave the country? Can I apply for my EU citizenship? We want to meet with someone for 10 mins as we are madly In love and need to hear all of our options please

Kevin D. Slattery
Kevin D. Slattery
answered on Jan 27, 2025

Consider scheduling a consultation with a competent and experienced immigration attorney who can evaluate thoroughly all of the facts in your case to determine what the best course of action may be and whether any pitfalls exist. For example, if your boyfriend is currently visiting using ESTA/Visa... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: Can I extend my stay in US with an expires visa while my i-94 is valid? I entered with a valid visa

If so, docI need to fill out a form/make a request of any kind?

Kevin D. Slattery
Kevin D. Slattery
answered on Jan 22, 2025

It may be possible to extend your status notwithstanding that your visa is expired. You did not identify the specific visa type and status, but assuming you are speaking of B-2 visitor status, then so long as you did not violate the terms of your visitor status, can demonstrate nonimmigrant intent... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: Subject: Certified Copies from Expungement Perspective

Subject: Certified Copies from Expungement Perpective - Guidance Needed

I am currently on an H-1B visa with an approved I-140. I have a case with the following charges:

• Charge 1: 3rd Degree Felony - Presenting a False or Fraudulent Insurance Claim (Disposition: Pre-Trial... View More

Patricia C. Wall-Santiago
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Patricia C. Wall-Santiago
answered on Jan 21, 2025

You should get certified copies of the following documents:

- arrest report

- information

- judgment

- sentence

- plea agreement (if it were done in open court, you would need to order transcripts showing the terms of the

agreement).

-...
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3 Answers | Asked in Immigration Law for Florida on
Q: I just went to my immigration interview in cd juarez and was denied due to 212A6CII & 212A9Ci. what can i do?
Patricia C. Wall-Santiago
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Patricia C. Wall-Santiago
answered on Nov 13, 2024

Section 212(a)(9)(C)(i) of the INA refers to illegal reentry after removal and is considered a permanent bar. The law only allows you to file for a waiver after you can show you have been physically present outside the U.S. for at least 10 years from the date of departure and section... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: If I have a criminal record, am I still allowed to get a Fiancé or Spouse Visa if sponsored by someone in the USA?
Kevin D. Slattery
Kevin D. Slattery
answered on Nov 11, 2024

The answer depends on what is the nature of the criminal offense. You and your fiancé(e) should consult with a competent and experienced immigration attorney who can evaluate your criminal history to determine whether any ground(s) of inadmissibility exist and, if so, whether that/those ground(s)... View More

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5 Answers | Asked in Immigration Law for Florida on
Q: My British husband is in the US on a travel visa. He only came to visit me and our daughter with a return ticket.

My British husband is visiting me and our two year old daughter in the US, he is currently on a 90 day travel visa which expires on December 13th next month. Due to our daughter's age and my busy work schedule, we require his support and assistance. I would like to apply for his permanent... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 5, 2024

A US citizen can sponsor their spouse for a green card if they entered the country with permission, even if that spouse falls out of status. The issue in your case is did the spouse, who entered the country do so with preconceived intent. Did he conceal his intent to reside permanently upon his... View More

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5 Answers | Asked in Immigration Law for Florida on
Q: My British husband is in the US on a travel visa. He only came to visit me and our daughter with a return ticket.

My British husband is visiting me and our two year old daughter in the US, he is currently on a 90 day travel visa which expires on December 13th next month. Due to our daughter's age and my busy work schedule, we require his support and assistance. I would like to apply for his permanent... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Nov 5, 2024

Consider scheduling a consultation with a competent and experienced immigration attorney. In addition to evaluating what was your husband's intent at the time he entered as a visitor, it sounds as though he entered the United States using the Visa Waiver Program. Although one who enters... View More

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5 Answers | Asked in Immigration Law for Florida on
Q: My British husband is in the US on a travel visa. He only came to visit me and our daughter with a return ticket.

My British husband is visiting me and our two year old daughter in the US, he is currently on a 90 day travel visa which expires on December 13th next month. Due to our daughter's age and my busy work schedule, we require his support and assistance. I would like to apply for his permanent... View More

Michael I. Sherman
Michael I. Sherman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2024

I agree with my colleagues that consulting with a qualified and knowledgeable immigration lawyer would be the best first step. The Green Card process is complicated, and it is best to seek the guidance of an immigration lawyer who has been through the process many times, is knowledgable about the... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: My daughter is getting out of prison after 20yrs and she has an ice hold what do I need to do
Kevin D. Slattery
Kevin D. Slattery
answered on Nov 11, 2024

You should consider scheduling a consultation with a competent and experienced immigration attorney. In addition to evaluating your daughter's criminal history for immigration purposes, a good immigration attorney will also want to know about your and your daughter's father's... View More

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5 Answers | Asked in Immigration Law for Florida on
Q: My British husband is in the US on a travel visa. I'd like to sponsor him for a green card as my spouse.

Should I file I-485 or I-539 to adjust his status? Appreciate your guidance.

Michael I. Sherman
Michael I. Sherman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2024

The I-485, rather than the I-539, is used for the Green Card process. There are other applications, as well, such as Form I-130. The best advice that I can give is to consider speaking with a knowledgeable and experienced immigration lawyer who can guide you through the process, and who can... View More

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5 Answers | Asked in Immigration Law for Florida on
Q: My British husband is in the US on a travel visa. I'd like to sponsor him for a green card as my spouse.

Should I file I-485 or I-539 to adjust his status? Appreciate your guidance.

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 4, 2024

A US citizen can sponsor a foreign national who entered on a visitor visa for a green card. It is important to understand that if the husband entered with intent to permanently reside, that would be considered immigration fraud. However, if he entered with the intent only to visit, but then later... View More

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5 Answers | Asked in Immigration Law for Florida on
Q: My British husband is in the US on a travel visa. I'd like to sponsor him for a green card as my spouse.

Should I file I-485 or I-539 to adjust his status? Appreciate your guidance.

Kevin D. Slattery
Kevin D. Slattery
answered on Nov 11, 2024

Consider scheduling a consultation with a competent and experienced immigration attorney. Whether your husband had the intent to immigrate when he entered the United States as a visitor, presumably as a U.K. Citizen through the Visa Waiver Program; this could affect the method by which he should... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: can a Cuban who enters the usa and is given an I220A, apply for an I485 and I130 without being sponsored by US citizen

or having a parent, brother, spouse, or child over 21 with a permanent green card petition for the Cuban or an employer petitioning for the Cuban so long as they are in the uS 1 year and 1 day?

Kevin D. Slattery
Kevin D. Slattery
answered on Nov 11, 2024

Part of your question implies that you are asking about adjustment of status through the Cuban Adjustment Act. Notwithstanding a recent Board of Immigration Appeals case saying otherwise, there is ongoing federal litigation about whether issuance of an I-220A might constitute a grant of... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: In 1999 I was 17 years old, I was convicted and tried as an adult for delivery of cocaine, possession of cocaine and res

Resist arrest w/out violence. I was deported after a 4 year sentence as a youth offender. I only have one cimt which is the delivery however I was still deported. I knew not of youth offender exception, and categorically delivery isn't a aggravated felony. How do I stand and make this right,... View More

Kevin L Dixler
Kevin L Dixler
answered on Oct 9, 2024

More information is needed. However, there is a sense of reckoning that must take place before any further action can be taken, if any.

There also seems like a misunderstanding of the definitions of a deportable offense and the enduring nature of the bars for what can be considered drug...
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