Florida Immigration Law Questions & Answers

Q: I have 877.03 and I have a green card that can make me deported?

1 Answer | Asked in Immigration Law for Florida on
Answered on Apr 18, 2019
Kevin D. Slattery Esq.'s answer
Generally speaking, breach of peace/disorderly conduct is not a removable offense. However, for a more definitive answer to your question, you should bring certified copies of your criminal records to a competent immigration attorney who can analyze them.

Q: Can USCIS use a self employed persons write offs to deny them as a sponsor for a I-485

2 Answers | Asked in Immigration Law and Appeals / Appellate Law for Florida on
Answered on Apr 17, 2019
Kevin L Dixler's answer
More information is needed. What date was the decision? Is it more than 33 days ago m? You may want to consider whether to file a motion to reconsider or a new filing. Many choose the latter, but it depends.

As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. You should find one who will spend enough time and ask enough questions. You may be best paying for it to avoid excessive fees after you...

Q: I’m an immigrant, just have got married and want to change my last name. How can I do it?

1 Answer | Asked in Immigration Law for Florida on
Answered on Apr 16, 2019
Kevin D. Slattery Esq.'s answer
If you are referring to changing your surname (family/last name), you can identify your married surname as your current surname. There are typically boxes on the immigration forms for "other names used", wherein you would list your name before marriage. The USCIS Adjudicator's Field Manual (AFM) provides at Chapter 51.4(a): "A married woman may choose a legal married name (husband’s surname), a legal pre-marriage name (retention of maiden name), or any form of either (e.g., hyphenated...

Q: Employer failed to update my I9 with HR and didn’t let me work but I have copy of updated info. It was their mistake

1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law for Florida on
Answered on Mar 26, 2019
Bruce Alexander Minnick's answer
Legal answer: Unless you have a written employment agreement, you have little or no employee rights in Florida. Why? Because Florida is an “at will employment” state--which means Florida employers are free to hire, assign, re-assign, re-locate, promote, demote, discipline, suspend or terminate employees “at will.” They do not have to give employees any reason either. The only thing employers cannot lawfully do is make these employment decisions based upon any illegal reason or...

Q: If a child was born Canada can he apply for us social security card

1 Answer | Asked in Immigration Law for Florida on
Answered on Mar 25, 2019
Kevin D. Slattery Esq.'s answer
The answer to your question depends on a number of facts that are not provided in your question. If you mean the child born in Canada somehow has a claim to U.S. Citizenship because, for example, he or she has U.S. Citizen parents, then the answer is yes. There are even circumstances where a child born abroad to a U.S. Legal Permanent Resident mother who returns to the U.S. with the mother during the mother's first trip back to the United States after giving birth; that child is entitled to...

Q: my husband has a ICE hold.he illegally reentered in the U S after being deported.he is seeking Asylum can he get bond?

2 Answers | Asked in Immigration Law for Florida on
Answered on Mar 17, 2019
Kelli Y Allen's answer
You need to retain an immigration attorney for a full analysis of his case Since he already has a final order of removal, ICE can act very quickly to re-execute that order so you need to involve an attorney immediately to have any chance of keeping him in the U.S. to file for asylum. It is very unlikely that he would able to get an immigration bond. Also, based on the facts you presented, he likely has a permanent bar and would be unable to use the approved I-130.

Q: Can I marry my foreign fiancé in Canada )I’m American he’s not ) then apply for adjustment of status when in USA?

3 Answers | Asked in Immigration Law for Florida on
Answered on Mar 16, 2019
Kevin L Dixler's answer
Your fiancé seems in the awkward and unenviable position of being caught in a Catch 22. He may have to consular process.

I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. Good luck!

The above is general information, not legal advice, and does not create an attorney client relationship.

Q: Can a foreign citizen enter on visa waiver, marry a US citizen and immediately return to country of origin to apply GC?

3 Answers | Asked in Immigration Law for Florida on
Answered on Mar 16, 2019
Kelli Y Allen's answer
It is fine to marry while in the U.S. under the VWP as long as you comply with all the terms and leave within the designated timeperiod. Your spouse would file a petition, you would process through the consulate, and re-enter with an immigrant visa (if approved). That is not immigration fraud. It would be if you came on the VWP with the plan to marry and remain permanently rather than leaving and processing back through the consulate.

Q: I'm a Daca recipient, can I travel abroad for studies?

1 Answer | Asked in Immigration Law for Florida on
Answered on Mar 12, 2019
Kevin D. Slattery Esq.'s answer
You should consult with a competent immigration attorney who can can analyze the particular facts of your situation. Generally speaking, U.S. Citizenship & Immigration Services is no longer granting "advance parole" travel documents to DACA beneficiaries such that they could reenter the United States to resume their DACA "status." Depending on the age at which you were granted DACA and your prior entry/exit history to/from the United States, you may not necessarily trigger a "bar" to reentry...

Q: When applying for a residence,does your American citizen spouse need to submit his taxes from last year or last 3 years?

2 Answers | Asked in Immigration Law for Florida on
Answered on Mar 5, 2019
Deron Edward Smallcomb's answer
If you are discussing applying for Adjustment of Status / Permanent Residence via your US Citizen spouse, then typically three years are required. I would suggest contacting an experienced immigration attorney with more information to discuss your case.

Q: undocumented immigrant needing physiological evaluation face deportation?

1 Answer | Asked in Immigration Law, Divorce, Family Law and Child Custody for Florida on
Answered on Feb 28, 2019
Kelli Y Allen's answer
If you come to the attention of ICE they will re-execute the order of removal.

Q: Am I eligible for a green card?

1 Answer | Asked in Immigration Law for Florida on
Answered on Feb 28, 2019
Hector E. Quiroga's answer
There is nothing that you have said that indicates you are eligible to apply for permanent residence at this time. If you marry a USC, that would change your situation, but based on the information you provided, that is the only thing that would under current law.

We recommend that you consult with an immigration attorney to see what other options might be available, based on your individual circumstances.

Q: Does your American spouse have to submit taxes of the last year or of the last 3 years when applying for my residence?

2 Answers | Asked in Immigration Law for Florida on
Answered on Feb 27, 2019
Kevin D. Slattery Esq.'s answer
The answers to some of your questions are case specific. You may wish to consider scheduling a consultation with a competent immigration attorney. Bring with you to your consultation your questions as well as copies of documents you filed with USCIS. Speaking generally, processing times vary by USCIS field Office. As it concerns conditional residence, if on the day you are approved for permanent residency you have been married less than 2 years, then you will be given conditional...

Q: If my dad was arrested under criminal charges, what are the chances of having to go in front of an immigration lawyer?

2 Answers | Asked in Criminal Law and Immigration Law for Florida on
Answered on Feb 20, 2019
Kevin D. Slattery Esq.'s answer
If your father is undocumented, in any type of lawful nonimmigrant status, or even a U.S. Legal Permanent Resident and is facing a pending criminal charge, it is advisable that he consult with a competent immigration attorney who can advise him (and possibly also his criminal defense attorney if that attorney does not practice immigration law) on the potential negative immigration consequences of pleading to or being convicted of certain criminal charges. If your father is in criminal...

Q: If I applied for asylum in the USA, and the application is denied, can I still hold my tourist visa.?

2 Answers | Asked in Immigration Law for Florida on
Answered on Feb 18, 2019
Kyndra Mulder's answer
You can have a valid visa and Asylum pending at the same time.

Q: Will my fake-marriage wife be deported if I divorce her before her papers are here?

1 Answer | Asked in Immigration Law for Florida on
Answered on Feb 14, 2019
Deron Edward Smallcomb's answer
What you are discussing on this public forum is a crime. You should contact an experienced immigration attorney to discuss your situation confidentially.

Q: My husband has a immagration hold and is married to a American citizen how do i get the immagration hold lifted

3 Answers | Asked in Immigration Law for Florida on
Answered on Feb 11, 2019
Kelli Y Allen's answer
You need to hire an immigration attorney who can file a motion for an immigration bond once any criminal bond is handled. He will most likely be referred to immigration court for removal proceedings. An immigration attorney can determine whether he is eligible to file any applications to remain in the U.S.

Q: I have my N400 interview for naturalization but my I751 is still pending, steps to get a decision on both

1 Answer | Asked in Immigration Law for Florida on
Answered on Feb 7, 2019
Deron Edward Smallcomb's answer
1) No, the officer will no first adjudcate your i-751 and you do not need to ask them to do so.

2) Having an attorney always helps, however since there is nothing to ask regarding the i-751 this question is moot.

3) No, you do not need to bring your spouse to the N400 interview.

The answers were given in good faith with only basic information provided. The answers should not be considered legal advise. You should contact an experienced immigration attorney for more...

Q: My boyfriend is a PR of the USA. He was charged with a criminal offence back in 2002. He recently tried to visit me in

2 Answers | Asked in Criminal Law and Immigration Law for Florida on
Answered on Feb 7, 2019
Kevin D. Slattery Esq.'s answer
He, or someone on his behalf if he is detained, should likely contact an immigration lawyer to schedule a consultation. It would also be best to forward to the prospective attorney for your boyfriend copies of all criminal case documentation that you, your boyfriend or the family may have. This will help the attorney to analyze the situation more quickly. If he is in an immigration detention center, it may be best to look for an immigration attorney who is close in proximity to the detention...

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