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Florida Immigration Law Questions & Answers
3 Answers | Asked in Immigration Law for Florida on
Q: Change status of my VISA Waiver program by getting married

My fiance is a US citizen and we getting married soon. I came to the US 18months ago with a Visa Waiver Program. Will it be possible to change my status? How long does it take?

Linda Liang
Linda Liang answered on May 14, 2021

I do not think you can adjust your status if you entered via Visa Waiver Program. You will have to go through consulting proceeding to receive your permanent residence status after your I-130 is approved.

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2 Answers | Asked in Immigration Law for Florida on
Q: I filed I-130 petition for my brother and it was approved in 2009. Can he apply for adjustment of status w/o the letter?

I never received the letter and NVC terminated the case. My brother has been in the US since 1990 and does not need a visa. But the application for adjustment of status says he needs to attach a copy of approval letter to his I-485 application.

Kyndra L Mulder
Kyndra L Mulder answered on May 13, 2021

Follow the instructions provided you. You may obtain a copy of the approval letter by filing a FOIA.

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3 Answers | Asked in Family Law and Immigration Law for Florida on
Q: If I get emancipated will I get an Ilegal Status or what happens in this case?

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Tami Lane Augen
Tami Lane Augen answered on May 10, 2021

This is mostly an immigration question. In terms of the family law aspects of same, seeking emancipation is not a given at age sixteen. There is strict criteria and it is very difficult for a court to emancipate a child under the age of eighteen. If you have an immigration attorney, please... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: I am a US citizen an wants to file for my Dad, a widower. He had remarry once (wife died) since his and my mom's divorce

Now that he is a widower and had been divorced from my mom for our 30 years, do I still have to show proof of marriage to my mom, divorce from my mom, marriage to his deceased wife, and her death certificate? Please let me know which applies and which does not apply. Thank you

Linda Liang
Linda Liang answered on May 10, 2021

You should fill out I-130 and answer all of the questions pertinent to your Dad's marriage truthfully. Your Mom's death certificate is not required as initial supporting document.

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2 Answers | Asked in Immigration Law for Florida on
Q: I-485 Application. We haven't heard from USCIS since August 2020.

I'm a US citizen. I've submitted an I-485 adjustment of status family-based for my wife on August 11, 2020. We've got the I-797C notifying me that process is in course at the National Benefits Center. I haven't heard from USCIS since then. We haven't even gotten the... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on May 7, 2021

Adjustment of Status through a spouse is taking longer than normal since COVID. This is because many offices closed for a while resulting in backlogs.

If your wife has been previously fingerprinted by the USCIS, she may not receive a bio appointment and they are using her previously take...
Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: I got a affidavit of support to get my green card does me getting unemployment checks after my sponsor

I want to know if my sponsor will become responsible if I get unemployment checks I got the affidavit a little over 2 years

Agnes Jury
Agnes Jury answered on May 4, 2021

No. Unemployment benefits are not considered public charge as they are considered to be earned benefits through the person’s employment. Best wishes!

5 Answers | Asked in Child Support, Divorce and Immigration Law for Florida on
Q: I have a green card through marriage, is conditional and is due to renewal on august 13 2021. Wife wants divorce.

My wife wants a divorce and possibly report me to uscis like she did before when we were together(she sent an email to uscis that she thought I was with her just for the green card which is not true). She wants me to leave our house and me to remove all my belongings and is threatening me with... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Apr 30, 2021

Sorry to hear about all this. You need to talk with an immigration lawyer urgently and you also need to talk with a family lawyer since you shay she is talking about a divorce and you have shared assets as well as a child.

You need to be careful because you do not want a criminal court case...
Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: i have a question regarding thn-600 form

My father is citizen and I am a resident. He was a citizen before I was 18 and I got my green card 12 days after I turned 18.

Linda Liang
Linda Liang answered on Apr 29, 2021

You need to finish your question.

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3 Answers | Asked in Immigration Law for Florida on
Q: if my spouse worked self employed and paid taxes do we still mark worked without authorization on the I485?
Adan Vega
Adan Vega answered on Apr 28, 2021

If your spouse is a foreign national and does not have (a) an employment authorization document or (b) a status that allows employment then you must indicate in the FORM I-485 that the self-employment was without authorization.

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4 Answers | Asked in Immigration Law for Florida on
Q: Where do I start? Can I get an EAD without applying for the I-485 concurrently?

I have a daughter that is 20 that is my preparer and translator. She is trying to help me get an EAD. I had one but it expired in 2007. I came to the USA legally with a visa in 2002. My EAD was in c09 status. All my documents have expired. My passport/visa. Parole paper, EAD. Also I’m here in... Read more »

Kevin L Dixler
Kevin L Dixler answered on Apr 22, 2021

More information is needed. If your EAD was based upon c(09) status, then it was due to a pending adjustment of status at that time. However, you never adjusted status. We need more information on what took place around 2007 that prevented you from becoming a lawful permanent resident before... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: After our lawyer let us down me and my US citizen husband decided to do it ourselfs. I am currently in America.

Ive already submitted the I-130, change of status form. It is still being reviewed according to USCIS. I would like to know if i can go ahead and submit the next form, the I-485, while still waiting for the response from the first form. I want to save some waiting time as ive been here two years... Read more »

Agnes Jury
Agnes Jury answered on Apr 15, 2021

I'm sorry to hear that your attorney let you down. I would recommend you at least do a free consultation with another attorney to make sure you haven't been poorly advised by this previous attorney. You could then also confirm that it is ok to file for Adjustment of Status (I-485 and... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Can me and my brother (my household member) sponsor my husband?

Hi, My brother is my only household member. We are signing form i864a and I need his income to add up on my income so that we meet the requirements for sponsoring my husband. Both of our incomes combined add up to 42000$ annually, which is sufficient for 3 or more household members. BUT We BOTH... Read more »

Agnes Jury
Agnes Jury answered on Apr 15, 2021

Your question doesn't state whether you are applying for Adjustment of Status in the US or Consular processing. If you are doing consular processing, NVC will let you know through a CEAC message if they think that based on the evidence you submitted whether you and your brother do not qualify... Read more »

4 Answers | Asked in Immigration Law and Tax Law for Florida on
Q: hello, i need help sponsoring my foreign spouse

i, the sponsor and household member have a combined income to meet the minimum required amount to sponsor a relative but both of us weren't required to file taxes since i started a job late December 2020 with first paycheck in January while the household member started a job in November and... Read more »

Agnes Jury
Agnes Jury answered on Apr 14, 2021

If you are just starting your sponsoring process then it will be months before you get to NVC level so you will hopefully have more evidence of stable income and employment by then. If you are at NVC level now and submit what you have, NVC will let you know whether they think you and your household... Read more »

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1 Answer | Asked in Health Care Law and Immigration Law for Florida on
Q: I just found out I am pregnant. I do not have my SSN yet. Can I apply for any health insurance with my ITIN number?

Based in FL

Agnes Jury
Agnes Jury answered on Apr 7, 2021

It is up to the health insurance provider whether they will accept an ITIN number instead of SSN. Some do, others don't. If you are an immigrant, be careful about getting benefits that may cause you to be considered a "public charge".... Read more »

1 Answer | Asked in Immigration Law for Florida on
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 (overstated my visa for about 140 days before I applied for asylum) how can I go back to 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... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Mar 31, 2021

Hello,

It seems that since you arrived in the US, you have been proactive in finding ways to remain in the US with your family legally. Your inquiry poses multiple immigration issues that need to be addressed by scheduling a meeting with an experienced immigration attorney. I invite you...
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1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: what is considered unauthorized work

Hi. I applied for US Permanent Resident in October 2019 and I received the card in April 2020. I am a relative of a US citizen. If someone wants to pay me for a voluntary work i did in January 2020, will that be considered illegal? what are the exceptions USCIS provides? Thanks

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Mar 18, 2021

The question poses two issues: unpaid wages by an employer (regardless of immigration status), which I won't discuss, and the impact of work without authorization on a family-based petition. I will assume that you were granted lawful permanent resident status through marriage to a US citizen... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: My partner came to US at 14 with his mother. Is there a path for him to get a legal status?

His mother had protect status when she brought him in, but did not help her children with immigration. He has a misdemeanor for marijuana from 10 years ago, but has been clean and remained out of trouble since. We've been together for 5 years and want to start a family, but we're told... Read more »

Agnes Jury
Agnes Jury answered on Mar 15, 2021

This is not a question that can easily be answered through this forum because many facts have to be taken into consideration. I recommend doing an in-depth consultation with an experienced immigration attorney who handles Family based immigration AND Deportation/Removal defense. Best wishes!

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2 Answers | Asked in Immigration Law for Florida on
Q: Hi, I have the IR1 visa in my passport until July. I am planing to enter in USA in May and spend 1 month, after leave

Leave back in Europe and take my exams.

And come back in Usa by September. Is tjat going to be ok for immigration?

Agnes Jury
Agnes Jury answered on Mar 10, 2021

Once you have your green card (which hopefully you will receive within the one month you will be in the US in May), leaving the US for 3 months should not be a problem. Just be ready to explain why you left for 3 months so quickly after becoming a US citizen in case the Border Patrol officer asks.... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: My father has a Form 1551, Jan 77, Permanent Resident Card. He has to renew his DL in FL will he have a problem?

He has never renewed is Form 1551, Jan 77, Permanent Resident Card. He has to provide proof of identification (Green Card) when reinstating his driver license, will he have any issue providing his Green Card?

Kyndra L Mulder
Kyndra L Mulder answered on Mar 8, 2021

The general rule is that a person's card expires but their status does not. He is an LPR. However, his card should have been replaced a long time ago. It will be up to the DMV whether to accept the card as identification OR as evidence that he is in the US with lawful status.

I...
Read more »

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1 Answer | Asked in Criminal Law and Immigration Law for Florida on
Q: what are my chances of getting my citizenship if I am going to court for a aggravated assault and offered PTI in Florida

I am recently going to court for an aggravated assault with a deadly weapon in St Petersburg Florida. I was offered PTI program I have court on the 15th of this month to decide whether or not the court will accept my application. there's a high chance of my case being dismissed.

Kyndra L Mulder
Kyndra L Mulder answered on Mar 1, 2021

The crime is an Aggravated Felony and a Crime of Violence. This is a deportable offense.

Dismissal after completing PTI is an admission of guilt.

You are not only likely to be denied Naturalization you may be placed in removal proceedings.

I suggest you or your attorney...
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