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Florida Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Florida on
Q: Traveling abroad while waiting for 10 years green card?

Hello great lawyers,

I have received a letter I-797 saying that I got approved and the 10 years green card will be mailed to me within 60 days. But since the day I received that notice, I have not received anything else. I called to the USCIS they said that my card has not been producing.... Read more »

Ileana M Rivera
Ileana M Rivera answered on Dec 6, 2019

If you have been approved for a ten-year green card, you have the approval notice, I-797 and you have a stamp I-551 on your passport from the local USCIS office, you should be able to travel without any problems. The CBP may give you a hard time for not having the plastic card, but if they look up... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: Is there a way For us to get permanent residency in USA?

Hi. My husband is DACA recipient . He has his brothers born here (one is then will turn 21 in 2 years). Me, over stayed, so no paperwork right now. Our daughter was born here.

We are looking for any option to get permanent residency here. Do we have any chance or not really?

I... Read more »

Ileana M Rivera
Ileana M Rivera answered on Nov 29, 2019

The definition of Immediate relative for the purpose of adjustment of status per INA 201(b) is: Immediate relatives of a U.S. citizen include the U.S. citizen’s spouse, children (unmarried and under 21 years of age), and parents (if the U.S. citizen is 21 years of age or older). Siblings are not... Read more »

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2 Answers | Asked in Consumer Law, Criminal Law, Immigration Law and Federal Crimes for Florida on
Q: How can I file online bitcoin job scam to FBI?

Last year I was scammed online about bitcoin job. I lost money, my debit cards were overdraft and almost lost apartment because of lack money. My and my boyfriends personal information were exposed to scammer. I do not have a lot of his personal info. But as I prove I have all messages, calls,... Read more »

Stephen Shaiken
Stephen Shaiken answered on Nov 23, 2019

It does not sound like this case would meet the requirement for physical or emotional injury. Police departments and prosecutors have been very stingy about signing off on them lately, so the weaker a case, the less likelihood of success. It also sounds like you are acknowledging proof problems,... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: Can I apply for U visa?

Last year I was scammed online doing a job that was fake and they were working under different company. The result was sad. Since they had my personal information, my debit cards were overdraft. I expose them not only my personal info but also my boyfriend personal identification. I trusted them... Read more »

Linda Liang
Linda Liang answered on Nov 22, 2019

The U visa is a United States nonimmigrant visa which is set aside for victims of crimes (and their immediate family members) who have suffered substantial mental or physical abuse while in the U.S. and who are willing to assist law enforcement and government officials in the investigation or... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: How does the rescission of "Mater of Vazquez" by USCIS affect naturalization (citizenship) if status was adjusted before

Adjusted immigration status to greencard with "registration of Cuban birth" in Venezuela, as allowed under "Matter of Vazquez" policy in 2015 under the Cuban Adjustment Act (CAA). At naturalization interview "passed test" but "decision cannot be made yet", officer explained that my registration of... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 21, 2019

A questionably governed nation may have political leadership and administrators that are inexperienced and overlook the law. If you are wronged, you must ‘avoid’ giving up any and all legal arguments. The argument must be carefully presented, so an appeal is preserved. That will take an... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: i have permanent residence. How will affect a I-130 for my wife if I accept an offer to do Phd?I will get stipend of 27k

I have some savings, i also can quit the school and return to the same job i have now (80k) in case i face economical problems. The Phd is expected to last 2.5 years

Lorenzo Arca
Lorenzo Arca answered on Nov 15, 2019

I presume your question refers to Form I-864 (Affidavit of Support). Form I-864 is a contract which an individual signs (usually the Petitioner filed with Form I-130), in which the individual agrees to sponsor (use his/her financial resources to support) an intending immigrant.

The...
Read more »

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4 Answers | Asked in Immigration Law and Gov & Administrative Law for Florida on
Q: Can a lawyer's diploma from Venezuela in the United States be recognized?

The Man has a Full Lwyer Diploma from Venezuela and live in Orlando as Asyl Resident can he do everything to get a recognized of his diploma in US?

Linda Liang
Linda Liang answered on Nov 4, 2019

Venezuela's laws are not US laws. Lawyer's diploma is not pre-requisite for lawyers' qualification.

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1 Answer | Asked in Immigration Law for Florida on
Q: How can I verify what service center is processing my i130? Our confirmation number starts in IOE. We live in Florida.

We want to track the processing times. Our ex lawyer said she sent a message to the California center to let them know she is not our lawyer any longer, but we live in Florida so we thought our center was the Texas one.

Ileana M Rivera
Ileana M Rivera answered on Nov 3, 2019

The I-130 receipt letter you received in the mail should have the location of the service center processing the petition at the bottom of the letter. However, occasionally I have seen USCIS move the cases to a different service center. If you did not receive the receipt letter in the mail you may... Read more »

3 Answers | Asked in Immigration Law for Florida on
Q: What does USCIS mean by "your benefit request has been accepted and is under review"?

My husband filed an i130 petition for me. On the myUSCIS account we keep on seeing the phrase "your benefit request has been accepted and is under review" and the only thing changing is the date they update the page. Does that phrase mean that our file is resting in a drawer or that someone is... Read more »

Linda Liang
Linda Liang answered on Nov 1, 2019

It is a receipt indicating that you are in cue.

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2 Answers | Asked in Appeals / Appellate Law and Immigration Law for Florida on
Q: I applied for the 240 a but it has been denied. on October 13 I wantd to know if I appeal is there any chance I win.

I was detained in 2014but was let go cause of a I 220 A. I do not have no felonys. I have done all they told me too. But for some reason my 240 A (b) was denied. I had 30 days to leave voluntarly and pay a fee of $500 if I appeal is there any chance I could stay. I have 2 kids of age 18 & 19. One... Read more »

Gary Kollin
Gary Kollin answered on Oct 21, 2019

You need to consult directly and privately with an immigration lawyer

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2 Answers | Asked in Immigration Law for Florida on
Q: How can i avoid a 3 or 10 year ban after overstaying a visitor s visa to spend time with my LPR husband?

I m trying to get a new lawyer because she s not good at explaining, Im not sure if I was scammed. I entered on a B2 visa on july 30, 2019 and married a LPR on august 14. Our lawyer delayed the filling so our priority date for I130 is Sept 3 but my I94 expired on august 30. She made me pay for 2... Read more »

Vince Sykes
Vince Sykes answered on Oct 20, 2019

Since you entered lawfully (with a visa), you can always apply for a waiver if it ever becomes necessary...Nonetheless, you should have your LPR spouse petition for you, i.e., I-130 and eventually adjust status. Since spouse is LPR, you are not in the highest preference category; which means your... Read more »

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2 Answers | Asked in Child Custody, Divorce and Immigration Law for Florida on
Q: Im going threw a divorce to a filipina girl came over used me now is trying to take my son from me

Im going threw a divorce to a filipina girl came over from Philippines withen less then a year leaves me for another man she is not a usa citizen my son is what can i do to get pro bono help shes trying to have me pay for her lawyer as well an take sole custody of my son i am looking for a pro bono... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Oct 14, 2019

Most lawyers, much like other professionals do not work for free. If you desire to retain the services of a free or no cost lawyer, I suggest you call Legal Aid in the community in which you reside. Good luck.

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3 Answers | Asked in Child Custody, Divorce and Immigration Law for Florida on
Q: Im going threw a divorce to a filipina girl came over used me now is trying to take my son from me

Im going threw a divorce to a filipina girl came over from Philippines withen less then a year leaves me for another man she is not a usa citizen my son . What can i do to get pro bono help an or payment plan as i do not make much shes trying to have me pay for her lawyer as well an take sole... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Oct 14, 2019

You need to consult in person with a family lawyer in your area. Find one that offers a free consultation. If you believe that you cannot afford a lawyer then contact the local legal aid office for assistance.

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1 Answer | Asked in Immigration Law for Florida on
Q: Our IO after our marriage green card interview said our case was "approvable" but he needed to review. Is this bad?

My husband and I had our marriage green card interview today. We were asked some standard basic questions about our relationship. And our IO asked my husband a lot of questions about his government/military career back in his country (Nigeria), mainly if he had ever used weapons or trained with... Read more »

Ileana M Rivera
Ileana M Rivera answered on Oct 9, 2019

Please do not worry. Just because they would like to take some time to review does not mean that you will be denied. If you do not receive an approval letter, you should receive a letter with instructions. If you do not receive a letter within 90 days you should call the customer service number. If... Read more »

2 Answers | Asked in Immigration Law and Gov & Administrative Law for Florida on
Q: I'm a permanent resident with a green card through refugee status. what documents do i need to travel outside the USA
Linda Liang
Linda Liang answered on Oct 7, 2019

If you already have a green card, you travel with green card. Be careful not to travel back to your home country though.

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2 Answers | Asked in Immigration Law for Florida on
Q: Can I petition for my son's green card since he lost his status in the US

Me and my son came to the US legally, I have a green card but my son lost his status. Can I petition for his Green Card from the US as he lives with me here in US.

Ileana M Rivera
Ileana M Rivera answered on Oct 4, 2019

Dear Petitioner,

In order to properly answer your question, I need to know how your son lost his status. Based on those facts we can provide you with a recommendation. If he does not have all the facts, we can request a copy of his record from the government and that would provide the most...
Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: How long should you wait to return to US on B1/B2 Visa after recent visit to US?

Hi...I have a friend from Brazil who was recently in the country on a B1/B2 Visa. They were granted 6 months when they arrived. They stayed 155 days...roughly 5 months. They left before the Visa expired to return to Brazil. How long should they wait before returning? They have family in the US... Read more »

Ileana M Rivera
Ileana M Rivera answered on Oct 3, 2019

In general, they can leave the United States and turn around and come back in; however, every time your friend re-enters the US with the tourist visa, they have to endure the scrutiny of the border officers asking questions about the motive and length of the new visit. The officers mostly want to... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: I have a marriage fraud case from 5 yrs ago, can i still marry my current boyfriend and petition him for a green card?
Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 25, 2019

Are you the U.S. Citizen petitioner, or are you the foreign national intended beneficiary? Based on your question, it would seem that you are the U.S. Citizen. Although your participation in a past marriage-fraud case may raise a red flag as to the bona fide nature of your current (prospective)... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: US citizen daughter over 21 sponsor father & mother. Father over 40 work credits - mother 30 - both I-864 Exemption?

Does father and mother get the I-864 Exemption or only the father?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 24, 2019

Are the mother and father of the daughter married to one another? So long as the mother "can be credited with 40 quarters of coverage pursuant to the Social Security Administration’s regulations" (as opposed to having earned herself), then the father's/husband's credits may also cover the... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: Is entering on visa waiver program and getting married but not looking to adjust status considered visa fraud ?

The scenario is she enters the USA on visa waiver program and we decide to get married during the week she will be here visiting and she returns back to Europe and once she’s back in Europe we begin the spouse immigrant green card process from there seen as acceptable ? I understand visa fraud is... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 23, 2019

Arguably, so long as your fiancée intends on returning to the U.K. to conclude a family-based immigration case at the U.S. Embassy, there is nothing fraudulent or illegal about marrying in the United States while here in visitor status under the Visa Waiver Program. The U.S. Department of State's... Read more »

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