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Florida Immigration Law Questions & Answers
2 Answers | Asked in Criminal Law and Immigration Law for Florida on
Q: If I received a citation to appear in court, is this considered an arrest when I asked " If I've been arrested"?

I received a citation to appear in court by a police officer for a misdemeanor petit thief. I went to court (never to jail) and then the charges were eventually dropped. Now I am going for my interview for my USA Citizenship. When they ask me "if I have been arrested"; can I still say... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2021

No, it's not an arrest.

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1 Answer | Asked in Family Law and Immigration Law for Florida on
Q: I was born in PR lived in Florida my entire life. Legally changed and removed my first name. Need new BC and PR won't

won't send it to me b/c they are saying that they don't have record of my name change. How can I go about obtaining my birth certificate so that I can renew my driver's license?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 22, 2020

You answered your own question when you asked the question: Send PR a certified copy of the final order that changed you name.

1 Answer | Asked in Immigration Law for Florida on
Q: My husband was arrested for domestic violence, the judge released him on conditions, but immigration didn't?

My husband was arrested for domestic violence, the judge released him on conditions, but immigration didn't?

My husband was arrested for domestic violence, he is illegal and has immigration on hold, he received two fines for restraining orders and also for attacking, and there is also... Read more »

Kyndra Mulder
Kyndra Mulder answered on Dec 19, 2020

You may be the person that called me earlier this week.

Your husband may be deported simply because he is here with no status.

Misdimeanor Domestic Violence is not a crime of violence in Florida and not a deportable offense. However violation of a restrating order may be....
Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: Visa extension denied, assuming that we get a NTA, can we take voluntary departure before the court hearing?

Hi,

We have just had our visa extension denied and are now out of status unfortunately it is proving really difficult to wrap everything up and arrange exit before the end of the appeal window in the first week of January. Both Christmas and Covid are causing delays but we are trying to... Read more »

Ana S. Mendieta
Ana S. Mendieta answered on Dec 18, 2020

Assuming you get an NTA and a Notice of Hearing before an Immigration Judge, and you can provide for your transportation and fulfil the requirements as required by law [INA § 240B(a)], then the Immigration Judge may grant you a voluntary departure period of not more than 120 days from the time of... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: If I was under 18 when I came to the US on a green card but my father is a US citizen, I'm i a citizen Now I'm over 18?

Or do I need to fill the paper work and take the test?

Kyndra Mulder
Kyndra Mulder answered on Dec 11, 2020

Provider you and your father meet all other requirements and he became a USC when you were under the age of 18; you are a USC. File the N-600 to receive a Certificate.

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3 Answers | Asked in Immigration Law for Florida on
Q: I would like to know if It’s possible to apply for fiancée visa during this Period?
Mario Musil
Mario Musil answered on Dec 10, 2020

Yes, fiance visas are being processed even during the pandemic. There are delays with interviews, but you can get the process started.

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1 Answer | Asked in Immigration Law for Florida on
Q: USCIS returned H1B package because of wrong start day. Can I correct and resubmit?
Kyndra Mulder
Kyndra Mulder answered on Dec 6, 2020

You can always resubmit the package but the question is whether it will be approved and that depends on the facts as to why the date was wrong.

1 Answer | Asked in Immigration Law, Health Care Law and Medical Malpractice for Florida on
Q: Can me and my partner as LGBT persons apply and be represented for asylum in Florida.We entered USA few days ago in NYC

My name is Veljko, I am a 44 years old and HIV positive male originally from Serbia. I have been in a domestic partnership for four years with my fiance Sasha, since we don't have an option to legalize our relationship in our home country.

Back in 2004 I was persecuted for the first... Read more »

Kyndra Mulder
Kyndra Mulder answered on Nov 24, 2020

You can apply for asylum. the question is whether you have a testiminy and documentation to demonsrate that you qualify for asylum.

Where HIV was at one time a ground of inadmissibility it is no longer. However, you may be required to show that you have insurance to cover your medical...
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3 Answers | Asked in Immigration Law for Florida on
Q: I get married to fix my immigration status but, I’m about to have a baby with my girlfriend how I could do baby sign up

I submitted all the forms for adjustment of status with my American spouse a month ago, however in a few days I’m having a baby with another woman, what are my options to sign the baby under my name as the father without complicating my Inmigracion process? I heard I have a period of time (1... Read more »

Kyndra Mulder
Kyndra Mulder answered on Nov 24, 2020

Are you asking immigration attorneys to provide you with instructions on how to commit fraud?

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1 Answer | Asked in Immigration Law for Florida on
Q: If a derivative child was not included on the initial i-130 but is showing up in the CEAC to Accompany. can they?

We petitioned only for my aunt but now her son, who has not 18 at the time the petition was filed and is not yet 21 now until May of next year , is showing up on the CEAC/ NVC site and giving us the option to Accompany or follow to join. Would he be able to come over to the USA if he wasn't... Read more »

Ileana M Rivera
Ileana M Rivera answered on Nov 23, 2020

Yes. When you go into the CEAC/NVC website, you can pay the immigrant visa fees and complete the DS-260 application on line.

1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: Im an international student didnt finished my internship contract due to pandemic

The hotel were im taking my internship closed due to pandemic and reopened after few months. I asked my agency here in the US if what can i do so i can continue my and finish my internship but they were asking me for another fee so i can continue it. Can i sue them for that? Its not my fault that i... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 21, 2020

Unlikely that any success will result, Covid is outside of the program's control. If the program is over, through impossibility of the sponsor, then the intern should leave the U.S. otherwise, it is likely that they will fall out of status as a result. This is likely what has happened, but... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Can I apply for diversity immigration while I am in the United States on a visitors visa
Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Nov 5, 2020

To the extent you mean submitting an entry in the DV-2022 program, being here in B-2 status would not preclude you from submitting an entry so long as you meet all requirements for the DV-2022 program. See... Read more »

3 Answers | Asked in Immigration Law for Florida on
Q: Can I get a drivers permit with a -765 approval letter in Florida
Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Nov 5, 2020

The actual work card issued in connection with the I-797 approval notice for the I-765 is what you would want to bring for issuance of a driver license in Florida.

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1 Answer | Asked in Immigration Law for Florida on
Q: I am Cuban. If I exceed the time permitted on my ESTA vista can I rely upon CAA 1966 to get a green card? I'm with famil

I am a Cuban dual national born in Cuba. I want to stay with my family in the US. If I exceed the time permitted on my ESTA vista can I rely upon the CAA 1966 to be able to stay in the US? Will they ask for documents pertaining to my other nationality? Thank you for your answer in advance.

Kyndra Mulder
Kyndra Mulder answered on Oct 17, 2020

You will need to show that yu are eligible for the benefit sought. So, yes yoi will neede to provide ALL information and documentation requested.

Secondly, Now that relations have been partially restored with Cuba you may be required to show that you did not have immigration intent when you...
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2 Answers | Asked in Immigration Law for Florida on
Q: Confused about green card interview

Went to the green card interview today and presented the evidence that was on the letter. This included papers from my bank showing my husband was added (hubby is the immigrant), car insurance cards showing he was added to the car insurance, copy of taxes to show we filed jointly, proof we were on... Read more »

Mario Musil
Mario Musil answered on Oct 16, 2020

The appointment letter generally shows examples of things that could be used to prove a bonafide relationship. Each relationship is different and will have a different mixture of bonafide evidence. Some couples will have extensive financial ties, and few pictures and no children. Other couple will... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: I am a permanent resident and I want to know if I can married my boyfriend (who lives out of the country).

I am a permanent resident and I want to know if I can married my boyfriend (who lives out of the country) and have him go back to his home country. When I gain citizenship (I applied already and I am in my sixth month of waiting for an interview), I could have him come back to the USA and filed an... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Oct 1, 2020

You can marry him while you are only a permanent resident and can in fact file for him while you are only a permanent resident. His case will be placed in the preference category line. After you naturalize, you can always "upgrade" it to "spouse of U.S. Citizen." As far as... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: I am a dependent in an asylum pending case. I fall in the C8 category.For my initial EAD, do I need to pay the fees?

Talking about the filing fees, because I do see there is an exception for the category C8 that the fee is not requested.

Adan Vega
Adan Vega answered on Sep 30, 2020

USCIS is instructing the following:

You must also pay the filing fee of $410 and an $85 biometric services fee, for a total of $495, if you are filing with one of the following eligibility categories: 

• (c)(8) Applicants with pending asylum applications requesting initial and renewal EADs;

1 Answer | Asked in Immigration Law for Florida on
Q: Can I travel to Hawaii being a deported Cuban? I was deported but Cuba doesn’t take me back so I have a work permit

I was deported by a immigration judge But being Cuban, Cuba didn’t take me back so I was left in the us under supervision, can I travel to Hawaii I have a state Id license, a social security and work permit.

Adan Vega
Adan Vega answered on Sep 25, 2020

If you are under supervision with ICE, I recommend that you discuss this issue with an ICE officer at the time that you report with ICE.

Good luck to you.

1 Answer | Asked in Immigration Law for Florida on
Q: Does a lawyer need to assist me with the I-130 after I file and complete it on my own?

I am re-filing for a parent. My lawyer said in order to re-file, I would need to start with an I-130, request a FOIA (EOIR) and resubmit an I-212. I just wanted to know if I can do the I-130 on my own that way it is less costly on my end.

Adan Vega
Adan Vega answered on Sep 21, 2020

In your case, you should consult with an experienced immigration attorney who can thoroughly outline all of your options for immigration benefits and what you can file with USCIS at this time.

The attorney can discuss with you whether the FORM I-212 is required.

The FOIA is always...
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1 Answer | Asked in Immigration Law for Florida on
Q: Form G-28

hi i have a question for you.

I have pro bono lawyer who is representing me filing form i-130, unfortunately, my lawyer did not ask me to sign the form g-28 and he already filed the form i-130. What happens in that situation? Will my application be processed or get rejected? please advise... Read more »

Adan Vega
Adan Vega answered on Sep 21, 2020

A filing with an unsigned FORM G-28 can be processed by USCIS as a pro se filing and the receipt will be sent directly to you. In the alternative, USCIS can deem the unsigned FORM G-28 as incomplete and return the entire package to you or your attorney.

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