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Florida Immigration Law Questions & Answers
2 Answers | Asked in Divorce, Immigration Law and Real Estate Law for Florida on
Q: Family law. If u purchase a home in Florida while in the middle of a divorce with someone awaiting immigration status

Have been married 4 years, separated for 1 year and half. No kids. No property. If I purchase a home now,will she be entitled to anything with my new home? She is avoid service of divorce papers since last October. She is awaiting immigration status approval. The reason why she avoiding the service.

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Jan 20, 2023

In Florida, property acquired during a marriage is considered marital property, and is subject to equitable distribution during a divorce. This means that the court will divide the property in a fair and reasonable manner, taking into account factors such as the length of the marriage, each... Read more »

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2 Answers | Asked in Divorce, Immigration Law and Real Estate Law for Florida on
Q: Family law. If u purchase a home in Florida while in the middle of a divorce with someone awaiting immigration status

Have been married 4 years, separated for 1 year and half. No kids. No property. If I purchase a home now,will she be entitled to anything with my new home? She is avoid service of divorce papers since last October. She is awaiting immigration status approval. The reason why she avoiding the service.

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 19, 2023

Maybe. There is no status called separation in Florida. You are either married, or you are not. You should review the matter with your family law attorney. You should also have a real estate attorney represent you in the purchase of the home.

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1 Answer | Asked in Immigration Law for Florida on
Q: Conditional status (2years green card)

My husband and I got married when I found out I was pregnant but I heard than I am on a "conditional status"as my green card is for 2 years. So my question is : when does my conditional status end? On our 2nd anniversary or on the expiration date mentioned on my green card??

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 17, 2023

You need to legally remove the condition on your Lawful Residence status and file for its removal 90 days prior of its expiration date as stated on your plastic Permanent Residence Card.

2 Answers | Asked in Immigration Law for Florida on
Q: I am the petitioner for my Dad to come to the US. Does he really need to bring my marriage certificate to his interview?

Also, does he need to bring his other children birth certificates to the interview even though they are all adults and won't be joining him? All the documents we uploaded were approved and he is currently waiting on an interview date.

Monica E Rottermann
Monica E Rottermann
answered on Jan 16, 2023

You should check the specific requirements for the U.S. Consulate where he will be applying for his immigrant visa. Some posts have additional requirements for documentation that are not required by NVC. Unless the post specifically requests that he take your marriage certificate, this document... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: Under the new 2023 immigration law to sponsor a Cuban immigrant, is the sponsor still financially responsible for 10 yrs

Also Are there any other responsibilities for the sponsor that may have changed under the new law?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jan 10, 2023

To be clear, what you are speaking about is not a new law, but a new policy under the Biden administration. A subsequent administration could do away with the program if it so chooses. As to one's financial responsibilities under the program, they are not the same as those under, for... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Can I Obtain A Driver’s License in florida If I have I-797 approval for I-130 and am waiting for I-601a to be approved?
Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jan 10, 2023

Unfortunately, no. Once your I-601A is approved, you can show that (and other certain documentation) to get a driver license. Consider scheduling a consultation with a competent and experienced immigration attorney if you have additional questions.

1 Answer | Asked in Immigration Law and Divorce for Florida on
Q: What could I be liable for if my foreign spouse divorces me in the US?

I live in Florida. I married a girl from Venezuela (in Florida) on November 17th, 2021 but she is not yet a legal citizen. Her mother and daughter just moved in with us from Venezuela a few weeks ago. I am worried that if we get a divorce I could be forced to pay support for her and her mother and... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 29, 2022

Did you file the i864 Affidavit of Support when you sponsored your wife for a green card? If yes then the divorce court may uphold that when ordering any support obligations. Discuss your situation with both a divorce lawyer and an immigration lawyer.

1 Answer | Asked in Divorce, Family Law and Immigration Law for Florida on
Q: What could I be liable for if my foreign spouse divorces me in the US?

I live in Florida. I married a girl from Venezuela (in Florida) on November 17th, 2021 but she is not yet a legal citizen. I am worried about divorce. Her mother and daughter just moved in with us from Venezuela a few weeks ago. I am worried that if we get a divorce I could be forced to pay alimony... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 28, 2022

As far as the family court is concerned you will not have an alimony obligation because it is a short term marriage. You may want to consult with an immigration attorney to confirm whether you have any support liability there.

1 Answer | Asked in Immigration Law for Florida on
Q: Can I file a USCIS form I-130 for a 17 year old living in Thailand when his mother has already filed a form I-751

U.S. Immigration

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Dec 13, 2022

For the purposes of answering this question, I will assume that you are either a U.S. Citizen or U.S. Legal Permanent Resident yourself and that the "mother" mentioned in your question is your spouse and the child living in Thailand is your step-child. A step-parent can petition for a... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Hello, my question is the following; I was brought to the U.S at the age of 6. I was able to apply for DACA in the 2014

I have been reapplying every 2 years as permitted never been denied. No criminal récord, currently I work in the health care field want to continue with my education, but with DACA I do not qualify for much help. Unmarried, but have a baby. Is there any else I could qualify to work on becoming a... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Dec 9, 2022

Consider scheduling a consultation with a competent and experienced immigration attorney who in the privacy of that consultation can evaluate all of your facts to see what more possibly can be done. Based on the limited information provided in your question, it is difficult to say what you may or... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: ı had a daughter without marriage she filed a petiton for me last year , why you think we didnt get any response yetç

I was deported on may 2005 because of my visa over stay and asylum denial , they give me 10 year ban, and my daoughter and I met when she was 18 before . her mother and ı never got married we broke up with her while she was pregnant , when my daughter found me ı was in Turkey on 2011 since than... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Dec 4, 2022

Consider scheduling a consultation with a competent and experienced immigration attorney who can look into the case on your behalves. Recently, USCIS has been processing cases very slowly. So, there may not be anything wrong with the case. That being said, it is not a bad idea to look into... Read more »

3 Answers | Asked in Immigration Law for Florida on
Q: I filed I-130 for my spouse who is lawfully visiting US, what do I need to do to enable them to stay while we wait

Current time left here is 11 days per I-94.Do I have to file I-485? or do I have to file 129F to get a K-3 Visa? Once I file can they stay?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Dec 1, 2022

Assuming you are a U.S. Citizen, which is not something mentioned in your fact pattern, your spouse may be eligible to apply for adjustment of status whether filed before or after the expiration date of his/her I-94 card. A consultation with a competent and experienced immigration attorney is... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Hi, my brother is a US citizen. Can he request a change of status for me if I am in the US. I entered with a visa waiver

How long will the process take. Can I request a work permit while I await the process.

Monica E Rottermann
Monica E Rottermann
answered on Nov 28, 2022

Your eligibility for adjustment of status through your brother will depend on whether you already have an approved I-130 petition filed by him and what your priority date is. If your brother never filed an I-130 petition for you, that would be the first necessary step before filing for adjustment.... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I have L1B visa which expires in April 2023. Could you please advice if it is possible for me to stay in the USA?

I have been working in the USA (Florida) for 4 years and 3 months. I am a software developer. My company has not started a Green Card process for me yet. I am from Russia. I would not want to return to my country because of the current situation there.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Nov 23, 2022

If you have not already done so, schedule a consultation with a competent and experienced immigration attorney who can review all of your facts in order to provide his or her informed advice. Note that ever since the onset of the COVID-19 pandemic, many attorneys offer online video or telephone... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I have a friend in Nigeria that I would like to come visit me. I know tourist visas are not always approved.

Do I need a lawyer to help facilitate the process?

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 22, 2022

Tourist visas are issued to the visitor based upon his financial condition alone and not the host’s financial condition. He would need to show a letter from his employer, bank statements showing payroll deposits, paystub’s, tax returns, and a property appraisal if he owns property. All of these... Read more »

3 Answers | Asked in Immigration Law for Florida on
Q: How soon after marriage can i apply for my non us citizen spouse to live and work in the country

Please include what petitions will have to be filled to do so.

Agnes Jury
Agnes Jury
answered on Nov 23, 2022

For an attorney to advise you WHEN to file for a green card would require more information about your and your spouse's specific situation. Obviously, the first step an attorney would want to do is to make sure that your spouse even qualifies for a green card. For those reasons it would be... Read more »

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1 Answer | Asked in Immigration Law and Tax Law for Florida on
Q: I was unemployed for the year 2021. How do I file a late tax return for 2021? How does this correlate with i864?
Kevin L Dixler
Kevin L Dixler
answered on Nov 20, 2022

If you lacked earnings, then the USCIS may take an average of the annual income. However, if the petitioner remains unemployed during 2022, then the Service has been known to require a joint sponsor in some situations.

If this matter is an issue, then you ought to consider hiring an...
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1 Answer | Asked in Immigration Law for Florida on
Q: Filing out i864. What if my most recent tax return was 2020 bcuz I was unemployed in 2021 what do I do?
Samuil Buschkin
Samuil Buschkin
answered on Nov 20, 2022

Even when you're unemployed you must file a tax return. If you haven't done so, there is a way to file a late one.

1 Answer | Asked in Immigration Law for Florida on
Q: Doing i864. My last tax return wasn’t suffice. My current anticipated income does. Do I still need a joint sponsor?

My last tax transcript was 2020 and it wasn’t sufficient. My 2019 met the requirements & I didn’t file for 2021 as I was unemployed.

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 20, 2022

If your current anticipated income satisfies the minimum threshold for your household size, then provide 6-12 months of bank statements showing payroll deposits into your account, a letter from your employer indicating what your monthly income is and how long you’ve been employed, as well as... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: My form I-130 for my mom was approved 4 years ago but i couldn’t reinstate my case with NVC after 2 years inactivity,,

Now I am filling another I-130 for my mom and I don’t know how to answer part 5: other information of this form

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Nov 9, 2022

Simply mark yes to the question about having filed a petition previously for your mother and then input the information that the form asks (name, date of filing and that it was approved). I might suggest that on the addendum page (page 12), you then indicate that the NVC terminated the case after... Read more »

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