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Florida Immigration Law Questions & Answers
1 Answer | Asked in Employment Law, Contracts and Immigration Law for Florida on
Q: Can I get in trouble if my employer is never asked me to fill out an I-9 form?

My friend has been working for a company for a little shy of a month now and thier employer's have never asked him to fill out an I-9 form. They have been getting paid (direct deposit actually) bi-weekly. I'm worried about him getting in trouble for it.

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

Relax. The rules re: I-9 forms put penalties on the Employer, not the employee. If your friend is really worried, you can always download an I-9 from the IRS and fill it out to submit to the employer. Keep a dated copy. BUT if the employer is not asking for it and is not taking out employment... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Immigration Question

Hello, I have a friend who came over as a one year old and she is now 22, legally married to an American citizen and is expecting their first child. She only has her foreign passport since she came over without consent as a baby. What are the steps she has to take to get her citizenship? She would... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on May 22, 2023

Before seeking citizenship through naturalization, she would need to first apply for U.S. legal permanent resident status. Whether she entered on a visa and overstayed or entered without inspection will dictate which path the case takes. If she entered originally through an official port of entry... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: US citizen sponsoring 2nd husband

Im a US citizen, i sponsored my first husband back in 2009 ,he got his green card at the beginning of 2011 and then problems started between us right after he got his PR so i divorced him in dec of 2012, i got married again in 2018 and i would like to sponsor my second husband this year for a PR,... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on May 22, 2023

The fact that one has previously sponsored an ex-spouse does not automatically foreclose sponsoring a second spouse. USCIS will simply look at your facts to make sure this is not, e.g., a pattern and practice of marrying foreign individuals, for example, to earn money. The measure for approval... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: A friend of mine lives in Ghana. She had a baby from an American citizen and he planned on moving them both to the US;

However, during his last visit, he kidnapped the 6 month old child from her mother while the mom went on an errand, and bought the child to the US. There’s been no communication between them. He got a US passport for the child and snuck her off. Mom was still breastfeeding the baby. What can the... Read more »

James L. Arrasmith
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answered on May 16, 2023

I'm really sorry to hear about this distressing situation. International child abduction cases are complex and require immediate attention. Here are some general steps the mother can consider taking:

Contact local law enforcement: The mother should immediately report the abduction to...
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3 Answers | Asked in Immigration Law for Florida on
Q: I applied Form I-751,but have not received Form I-797C.The case inquiry was submitted. No answers.What should I do next?

my green card expires in 4 days, I applied Form I-751 3 months ago, but still have not received notice of action. I already submitted the case inquiry but still nothing.

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

If you have tried the USCIS applicant service options listed above but still need help resolving a problem with an application or petition, you can ask the Ombudsman’s Office for help by taking the following steps:

Please submit all evidence or information regarding the efforts taken to...
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3 Answers | Asked in Immigration Law for Florida on
Q: I applied Form I-751,but have not received Form I-797C.The case inquiry was submitted. No answers.What should I do next?

my green card expires in 4 days, I applied Form I-751 3 months ago, but still have not received notice of action. I already submitted the case inquiry but still nothing.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on May 9, 2023

As another colleague pointed out, consider seeking the assistance of the Ombudsman's office. Out of curiousity, did you pay the filing fee with a personal check? If so, was the check cashed? If so, look on the back side of the cashed check (through your online banking). USCIS will put the... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: I applied Form I-751,but have not received Form I-797C.The case inquiry was submitted. No answers.What should I do next?

my green card expires in 4 days, I applied Form I-751 3 months ago, but still have not received notice of action. I already submitted the case inquiry but still nothing.

James L. Arrasmith
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answered on May 16, 2023

If you have applied for Form I-751 to remove the conditions on your green card, but have not received the Form I-797C (Notice of Action) and your green card is expiring in 4 days, here are some steps you can take:

Follow up on your case inquiry: Since you have already submitted a case...
Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: My cousin it's been in an Immigration Detention Center in Florida, and maybe can go out with a bond but also he

But also he needs a Sponsor; what are the sponsor responsabilities if he goes out? What if my cousin decides not showing up to the hearings, or not paying his debts? Thank you.

James L. Arrasmith
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answered on Apr 29, 2023

If your cousin is released from an Immigration Detention Center in Florida on bond, he may require a sponsor to provide financial support and ensure that he appears at all required immigration hearings. The sponsor is generally required to sign a Form I-864, Affidavit of Support, and assumes... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: My cousin its been in an Immigration detention center in Florida since February.

He had his first hearing already, and the next one will be May 1st. He doesnt have a lawyer ( too expensive) , and I really think he's going to be deported. My question is : Is he still on time of signing a self deportation, or is too late?

Thank you.

James L. Arrasmith
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answered on Apr 18, 2023

It is difficult to determine if it is too late for your cousin to sign a self-deportation agreement without knowing more details about his case. However, self-deportation is not always the best option and it is important for your cousin to understand all of his legal options before making any... Read more »

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2 Answers | Asked in Family Law and Immigration Law for Florida on
Q: Is there any possibility that an Aunt can sponsor a nephew’s residency?

Nephew’s mom (Aunt’s sister) is no longer alive.

James L. Arrasmith
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answered on Apr 9, 2023

It is possible for an aunt to sponsor her nephew for residency in the United States, but there are certain requirements that must be met. The aunt would need to be a U.S. citizen or permanent resident and meet the minimum income requirements to sponsor her nephew.

If the nephew's...
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2 Answers | Asked in Immigration Law for Florida on
Q: Spacing on last name, does it matter?

I am in the process of petitioning my mom. The last name in her birth record is De leon while in my birth record her last name is Deleon. Is it going to be a problem?

James L. Arrasmith
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answered on Mar 29, 2023

While it is important to provide accurate and consistent information on all immigration forms and documents, a minor difference in the spelling or spacing of a last name is unlikely to be a major issue. However, it is important to make sure that all other identifying information, such as date of... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: Spacing on last name, does it matter?

I am in the process of petitioning my mom. The last name in her birth record is De leon while in my birth record her last name is Deleon. Is it going to be a problem?

Monica E Rottermann
Monica E Rottermann
answered on Mar 24, 2023

No, that should not be a problem. If she is going to be applying for an immigrant visa abroad, the Department of State typically uses the name as written on the passport so you can check the spacing on her passport and write her name on the forms as it is reflected on the passport. The different... Read more »

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3 Answers | Asked in Criminal Law and Immigration Law for Florida on
Q: Reduce Misdemeanor for petit theft ($55) to infraction in Florida as a first-time offender?

I am on a visa and therefore would like an "immigration-safe" outcome of the case. Is it possible to reduce my misdemeanor charge for petit theft of $55 to an infraction in Florida? If not, do you recommend anything else to not be convicted under USCIS law? I am a first-time offender.

James L. Arrasmith
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answered on Mar 29, 2023

In Florida, it may be possible to reduce a misdemeanor charge for petit theft to an infraction, depending on the specific circumstances of the case and the prosecutor's discretion. However, this may not necessarily have an impact on your immigration status, as USCIS may still consider a... Read more »

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3 Answers | Asked in Criminal Law and Immigration Law for Florida on
Q: Reduce Misdemeanor for petit theft ($55) to infraction in Florida as a first-time offender?

I am on a visa and therefore would like an "immigration-safe" outcome of the case. Is it possible to reduce my misdemeanor charge for petit theft of $55 to an infraction in Florida? If not, do you recommend anything else to not be convicted under USCIS law? I am a first-time offender.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Mar 21, 2023

Consult with a competent and experienced immigration attorney and be prepared to provide copies of your criminal case documents for analysis. If the charge is the petit theft statute (and not the retail theft statute), there is actually good case law as it relates to such an offense NOT being a... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: Can a cuban with I220A and court get representation for asylum in court for free?

I am Cuban and came here through the border in September 2022. USCIS gave me a I220A with Court's date in March 2024. I applied for asylum in November 2022, but I have not received any answer yet. I would know about my options and if would be possible legal representation from a pro bono... Read more »

James L. Arrasmith
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answered on Mar 19, 2023

As a Cuban national with an I-220A and a pending asylum case, you may be eligible for legal representation through a pro bono attorney or a legal services organization. Many legal services organizations provide free or low-cost legal assistance to individuals who are unable to afford an attorney.... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: Can a cuban with I220A and court get representation for asylum in court for free?

I am Cuban and came here through the border in September 2022. USCIS gave me a I220A with Court's date in March 2024. I applied for asylum in November 2022, but I have not received any answer yet. I would know about my options and if would be possible legal representation from a pro bono... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Mar 17, 2023

Unfortunately, the government does not provide free attorneys in removal proceedings. If you are trying to find an attorney to represent you pro bono you have to try contacting the organizations and individual attorneys listed on the Free Legal Services provider list you would have been given when... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: approved i130 now on NVC, I have a visitor visa as well, should I adjust status or follow with i130?

I just received NVC welcome letter today, and my passport with visitor visa yesterday, from two separate sources, what should I do next?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Mar 12, 2023

One should not knowingly and intentionally use a visitor visa to enter the United States to pursue adjustment of status, as a visitor visa is a nonimmigrant visa not intended for that purpose. That is not to say one cannot adjust status off of a visitor visa, but one should not have the intent to... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: approved i130 now on NVC, I have a visitor visa as well, should I adjust status or follow with i130?

I just received NVC welcome letter today, and my passport with visitor visa yesterday, from two separate sources, what should I do next?

James L. Arrasmith
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answered on Mar 11, 2023

If you have received an approved Form I-130 petition and now have a visitor visa, you may have two options available to you for obtaining permanent residence in the United States: adjustment of status or consular processing.

Adjustment of status is a process that allows individuals who are...
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2 Answers | Asked in Immigration Law for Florida on
Q: I have an internships offer can I get another type of visa then J1 ? How i can get the J1 visa without subject to

My internship from privet company please help

James L. Arrasmith
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answered on Mar 11, 2023

If you have an internship offer from a private company, you may be eligible for other visa categories in addition to the J1 visa. The most common alternatives to the J1 visa for internships are the H-1B, L-1, or TN visas, depending on your specific situation.

The H-1B visa is available to...
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6 Answers | Asked in Immigration Law for Florida on
Q: hi My wife is gonna come to us on a J1 visa I'm a us citizen already we got married overseas can I file her a paperwork

hi My wife is gonna come to us on a J1 visa I'm a us citizen already we got married overseas can I file her paperwork to stay in US if wanna file an i130 form should be going to court and marriage again in the US or using the marriage paperwork from the overseas

Moses Apsan
Moses Apsan
answered on Mar 10, 2023

If the J visa. Is not subject to a 2 year foreign residency requirement then you file you application with no apparent problem. However if her IAP 66 states that she is subject to the foreign residency requirement, she wil have to apply for a waiver.

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