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Florida Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law and Tax Law for Florida on
Q: U.S. citizen filing jointly with spouse but my wife doesn't have an SSN at the moment, will that be acceptable?

My spouse does not currently possess a SSN. However, she has been residing in the U.S. since June 2023, and we began living together upon our marriage from in September of the same year. Due to her lack of an SSN, I encountered difficulties when attempting to file electronically.

As a... View More

Carmela Graciela Walrond
Carmela Graciela Walrond
answered on Feb 13, 2024

You can apply for an ITIN for your spouse by filing out a W-7 application. It is best to work with a professional when filing out the W-7 application. If the form is not prepared correctly, you can be rejected and will have to start the process over again. Please do not send your wife's... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Hello. I’m filing the form for citizenship online, and stuck on one question. Did you ever sell weapons?

When my husband passed away I inherited his gun collection and sold it to a gun store. Everything was legal. What would be the correct answer?

James L. Arrasmith
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answered on Feb 5, 2024

In this case, the correct answer to the question about selling weapons on your citizenship application would be "Yes." You should provide truthful and accurate information regarding any legal transactions you were involved in, such as selling your husband's gun collection to a... View More

2 Answers | Asked in Immigration Law for Florida on
Q: We sponsored a family unite for Ukraine and since applied and gotten approved the daughters passport expired

Can she travel and just bring old passport and new passport and get through customs

James L. Arrasmith
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answered on Feb 4, 2024

When traveling, especially under programs like the one for Ukraine, it's essential to have a valid passport. If the daughter's passport has expired since the application was approved, she should obtain a new passport before traveling.

Once she has a new passport, it is advisable...
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3 Answers | Asked in Immigration Law for Florida on
Q: If I married someone who is a us citizen, and my visa expired and passport expired

If I married someone who is a us citizen, and my visa expired and passport expired, can i renew my visa/greencard? I am in Florida now, but I was married in Wi

Kevin D. Slattery
Kevin D. Slattery
answered on Feb 1, 2024

If you are asking whether you can get a green card as a visa overstay based on your marriage to a U.S. Citizen, it may be possible. However, additional details are needed, including whether you have any other past negative immigration history or criminal history. What might be best for you and... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: If I married someone who is a us citizen, and my visa expired and passport expired

If I married someone who is a us citizen, and my visa expired and passport expired, can i renew my visa/greencard? I am in Florida now, but I was married in Wi

James L. Arrasmith
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answered on Feb 1, 2024

If you are married to a U.S. citizen and your visa has expired, you may be eligible to adjust your status to become a lawful permanent resident (green card holder) through your spouse's sponsorship. The fact that your passport has also expired should not necessarily prevent you from pursuing... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: If I married someone who is a us citizen, and my visa expired and passport expired

If I married someone who is a us citizen, and my visa expired and passport expired, can i renew my visa/greencard? I am in Florida now, but I was married in Wi

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 7, 2024

A US citizen can sponsor a spouse for a green card even though the immigrant is out of status, provided that they entered the country with permission. You should engage the services of a lawyer to process the case from start to finish. You don’t need to renew your passport in order to process... View More

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4 Answers | Asked in Immigration Law for Florida on
Q: If my fiancé (irish citizen) and I (American citizen) marry in the US. Can my future spouse then leave the US and return

We are currently living together in the US, my fiancé has an h2b visa at present. After we are married in the US, can we go visit his family in Ireland for one month and then return back to the US? Would he be allowed back?

James L. Arrasmith
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answered on Jan 26, 2024

* If your fiancé is an Irish citizen and you get legally married in the US, he can travel freely to and from the US after the marriage. As the spouse of a US citizen, he would be eligible to apply for permanent residence (a green card) in the US.

* Some key points:

* Since your...
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4 Answers | Asked in Immigration Law for Florida on
Q: If my fiancé (irish citizen) and I (American citizen) marry in the US. Can my future spouse then leave the US and return

We are currently living together in the US, my fiancé has an h2b visa at present. After we are married in the US, can we go visit his family in Ireland for one month and then return back to the US? Would he be allowed back?

Kevin D. Slattery
Kevin D. Slattery
answered on Jan 27, 2024

If the two of you marry while he is in the United States in H-2B status, in addition to you filing a Petition for Relative on his behalf, he, barring any possible ground of inadmissibility for which there is no waiver available, could file contemporaneously an Application to Adjust Status, an... View More

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4 Answers | Asked in Immigration Law for Florida on
Q: If my fiancé (irish citizen) and I (American citizen) marry in the US. Can my future spouse then leave the US and return

We are currently living together in the US, my fiancé has an h2b visa at present. After we are married in the US, can we go visit his family in Ireland for one month and then return back to the US? Would he be allowed back?

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 27, 2024

If you’re a US Citizen, then after marriage you can sponsor him for his green card and he can adjust status to get the green card which takes about twelve months here in Florida. If he wants to travel outside the US, he will need to file for “advance parole” with his application but that... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: My fiancé is irish currently on an h2b visa, we want to marry in Ireland. How can he return to live in the US after?

We are currently living together in the US. If he leaves for the wedding, the h2b visa will no longer be valid. We can’t apply for spousal visa because we are not yet married. We can’t apply for fiancé visa because then we would have to get married in 2 countries.

James L. Arrasmith
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answered on Jan 26, 2024

If your fiancé leaves the U.S. for your wedding in Ireland, his H2B visa will indeed become invalid for re-entry. In this situation, after your marriage, you can file for a spousal visa (CR-1 or IR-1) on his behalf. This process involves submitting a petition for an alien relative (Form I-130) to... View More

3 Answers | Asked in Immigration Law and Public Benefits for Florida on
Q: I am on HUD / public assistance Will I be able to marry an immigrant?
Kevin D. Slattery
Kevin D. Slattery
answered on Jan 25, 2024

Receiving public assistance is not an obstacle to getting married. Your question does not pose whether you are able to sponsor your spouse for a green card, but that seems to be what you may be asking. Even if you are receiving public assistance, you can file a petition for your spouse, but you... View More

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3 Answers | Asked in Immigration Law and Public Benefits for Florida on
Q: I am on HUD / public assistance Will I be able to marry an immigrant?
James L. Arrasmith
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answered on Jan 25, 2024

Being on public assistance does not disqualify you from marrying an immigrant. However, there are important considerations to keep in mind. When sponsoring an immigrant for a marriage-based green card, you must file an Affidavit of Support. This document is a legal commitment to support your spouse... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: if I end up getting emancipated, and my parents end up loosing their green card after I do so, would I loose mine too
James L. Arrasmith
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answered on Jan 24, 2024

If you are emancipated and your parents subsequently lose their green cards, your own green card status would typically not be directly affected by their status change. Emancipation legally separates you from your parents, meaning that your legal status is independent from theirs.

However,...
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1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: CAN I WORK AGAIN IN USA IF I GOT DEPORTED FROM ONE CRUISE SHIP ?

Hello everyone .I was working for a cruise line later on i was deported and escorted back home concerning some depression issue.Will i be able to work for some other cruiseline in the USA ?

James L. Arrasmith
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answered on Jan 24, 2024

The ability to work again in the USA on a cruise ship after being deported depends on the specific circumstances of your deportation and the current state of your visa or work authorization. Deportation can have significant impacts on your eligibility to re-enter the United States and obtain work... View More

1 Answer | Asked in Immigration Law for Florida on
Q: How long do I have to reenter the US after passing the customs with DV lottery temporary visa? I have my Green card

Hello,

My family and I won the green card lottery in 2021, and we entered the US territory on March 9, 2023. Our temporary visa was stamped with the date of entry, and we received our physical green card later that same year.

We're planning to move to Tampa, FL by July 2024, so... View More

James L. Arrasmith
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answered on Jan 22, 2024

Once you enter the U.S. with a Diversity Visa and your temporary visa is stamped, this typically serves as a temporary green card until you receive the physical card. As green card holders, you are expected to make the United States your permanent residence. However, there's no strict... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Can a FL nonlawyer assist in completing immigration forms?

I had a customer reach out to me to assist with completing immigration forms. The customer is completing an asylum application and renewing a work visa. I will not be giving legal advice, as I am not a lawyer. I will be reviewing the application after the person completes it to make sure it is... View More

James L. Arrasmith
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answered on Jan 21, 2024

In Florida, as a nonlawyer, you must be cautious when assisting someone with immigration forms. It's permissible to provide clerical help, such as making copies and ensuring forms are filled out correctly based on the provided instructions. However, you must avoid giving any form of legal... View More

4 Answers | Asked in Immigration Law for Florida on
Q: Can I submit I130 for my brother who enter the USA on a B1/B2 visa ?
James L. Arrasmith
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answered on Jan 13, 2024

Yes, as a U.S. citizen, you can submit Form I-130, Petition for Alien Relative, for your brother, even if he entered the USA on a B1/B2 visa. This form is the first step in helping a relative immigrate to the United States.

However, it's important to understand that the process for...
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4 Answers | Asked in Immigration Law for Florida on
Q: Can I submit I130 for my brother who enter the USA on a B1/B2 visa ?
Symantha Rhodes
Symantha Rhodes
answered on Jan 13, 2024

Yes you can submit an I-130 for your brother.

But your brother will not be able to adjust status in the U.S., unless you are a U.S. citizen 21 years or older and there is a visa available for the F4 priority category. This may take 15 to 25 years depending on your brother's country of...
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1 Answer | Asked in Immigration Law and Appeals / Appellate Law for Florida on
Q: After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision? I-140 case.

After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision? I-140 case.

James L. Arrasmith
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answered on Jan 11, 2024

The time it takes for USCIS to issue a new decision on an I-140 case after it has been remanded from the Administrative Appeals Office (AAO) can vary significantly and is often unpredictable. There is no set timeline for USCIS to act on remanded cases, and the processing time can depend on several... View More

2 Answers | Asked in Bankruptcy and Immigration Law for Florida on
Q: How would a bankruptcy affect a VAWA application?

I am about to file for a VAWA green card but credit card companies are now coming after me since my husband stopped paying any of my bills early last year. If I file for bankruptcy how will that affect my VAWA application considering that I have been financially abused in my marriage.

James L. Arrasmith
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answered on Jan 9, 2024

Filing for bankruptcy should not directly impact your application for a green card under the Violence Against Women Act (VAWA). VAWA applications are primarily evaluated based on evidence of abuse and the applicant's relationship to a U.S. citizen or lawful permanent resident.... View More

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