Florida Immigration Legal Questions

If you obtained your green card legally through marriage and disclosed that you entered the country illegally when you applied for your green card, that should not be an issue when you apply for your US citizenship unless USCIS or the US consulate made a mistake in approving your green card. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Your wife’s H-4 EAD is for open market employment, and she is not restricted in her job opportunities as long as they are not illegal. It should be made clear on the tax return whose income it is that is derived from the short-term rental since that work is not authorized for you. You can discuss that with your accountant. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

The problem may not be with your having been illegal in the US, but rather the way that you answered the question before the officer. You can be denied naturalization on the basis of a finding of no good moral character where you have not told the officer the truth at the interview. It should also be kept in mind, however, that any misrepresentations should be material – meaning that the misrepresentation should relate to a possible problem on an issue that matters affecting your immigration case. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

As of fiscal year 2025, the USCIS claims processing times for a completed I-90 form is 4.2 months. While the appointment is a key milestone, the timer starts after your biometric appointment. Therefore, the USCIS estimates you will likely wait about 4 to 5 months after your appointment. Until then, you can always speak with an attorney, ensure or update that the USCIS has your current address, and track its fulfillment.  (The answer given here is general and based on the general facts regarding the question. As a result, the answer does not comprehensively capture your holistic situation and does not constitute legal advice. Please remember it is always best to speak with a qualified attorney regarding the comprehensive nature of your question. As every case is unique, we encourage you to contact mc@barduccilaw.com to speak with a qualified, esteemed, and strategic attorney.)... Read Answer

Your father will have to explain as best he can the circumstances of why he could not prove his employment when the subject arises. If he has some other evidence, he can perhaps bring it with him to the immigration interview and show it if asked. It should be noted that if there was fraud or misrepresentation found in the annulment of your father’s visa by a US consular officer, your status as a US citizen son is not sufficient for him to apply for a waiver through you. An I-601 hardship waiver under those circumstances can only be made if the qualifying member is a US citizen or permanent resident parent or spouse. The passage of time may work in his favor as it is doubtful that consular records would be kept for 35 years. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Your father should consider hiring an immigration lawyer to ensure his case proceeds smoothly and avoids complications. An attorney can submit a G-28 Notice of Appearance, even if the case is pending or closed, ensuring that both the lawyer and the client receive all relevant notices throughout the process.    ... Read Answer

I would assume that your wife will be safe to travel from Florida to New York as you are traveling in February and her legal stay is authorized until April. The fact that she is applying for adjustment of status would appear to give her another ground to stay although it is difficult to imagine that the subject would come up where a visitor is legally authorized to stay and that the travel is domestic instead of international. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

The difficulty with filing a new I-539 or motion on I-290B is that you are already not legal in the US, and you face an unlawful presence bar of three years if you do either, and the adjudication takes over 180 days from the date of your initial decision, and you lose. If you do either one and the adjudication is not yet received by the fifth month after the expiration of your initial permitted stay, you will be faced with the choice of leaving the US to avoid the three year bar or staying and gambling that your application or motion will be approved. It is difficult to say which route would give you the best chance of being approved, but at least the I-290B motion would not be late. It should be further noted that DHS does not approve of persons coming into the US on tourist visas and giving birth in the country. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Our advice in the past has been that a straight flight to a US territory like St. Thomas and a direct flight back to the US is legally feasible for persons with pending adjustment of status applications, although there could be problems with immigration authorities on the return. The advice still holds even as we have noted instances in which people have been given problems on closed loop voyages due to confusing advice by Customs and Border Protection. We have also just heard that a F-1 student was required to produce an original USCIS approval on a domestic trip from New York to Los Angeles. If you are willing to deal with a potentially stressful situation, you can go, but if you do not do well in such situation, you may decide to cancel the trip. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Generally since your mother is currently her primary custodial caregiver and take responsibility for your sister the applicant is considered an authorized designated representative. She is in the States legally, is an LPR so there should not be an issue of representation.  Ensure attach document that establishes familial relationship between your sister and your mother as well as proof your mother is the primary custodial caregiver. I will strongly recommend you seek representation from an attorney  who can assist in reviewing and assemblying your application for you as he/she will assist you with confidence and all adequate pieces of evidence plus more.... Read Answer

Immigration looks at the name you put in your form, the name on the beneficiary's passport, the name on your marriage certificate and even provide areas within the I-130 form to provide "other" names used by the beneficiary. It is going to be up to the immigration officer to decide if the middle name matters. If there are discrepancies in names, they may ask for more information.... Read Answer

All prior A numbers should be listed so that CIS can consolidate all applications under the same number. You do not specify the details of your case: 1) how did you get a green card previously? 2) why did you abandon it? 3) on what legal basis are you now obtaining a new work permit?  These are very important issues that you should review with a qualified immigration attorney.... Read Answer

Question 23 on part 12, page 14 of theN-400 naturalization application asks whether you have ever been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the US Armed Forces) for any reason? That would seemingly include your traffic accident with alcohol. Although the naturalization officer may look at the offense again – if your immigrant file shows the fact that you received the immigrant visa despite your disclosure of the offense previously, that likely means that he or she will not look at it that closely in terms of inadmissibility as a crime or other ground of inadmissibility. More of a concern may be whether you have made a misrepresentation in your naturalization application which could lead to a finding of ineligibility for not having good moral character. Such may depend upon the officer’s perception of your forthrightness at the interview and whether the officer gave you a chance to correct your account, and whether you were forthright in doing so. If you continually denied that you had any incident with the law and the officer had to in effect drag it out of you, the officer may consider whether a misrepresentation was made. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

The marriage of a beneficiary of an F-4 sibling petition has no effect upon the approvability of a petition. The marriage of course should be bona fide and not for purposes of merely assisting the other party in obtaining an immigrant visa. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

To gain an exemption from being able to read or write any language, an applicant must have a medical disability. Then an N-400 naturalization application can be submitted with form N-648 Medical Certification for Disability Exceptions. The medical disability would have to be certified by a doctor of medicine, doctor of osteopathy, or clinical psychologist who would have to provide diagnosis and prognosis of the applicant. The medical professional would explain the nature of the disability; that it is not related to drugs or alcohol; how it impairs the ability to read and write; and whether the condition is temporary or will continue. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

A US citizen can sponsor his father for a green card as long as the father entered the United States with permission. This is despite the fact that the father is out of status. You file the I 130 together with the I 485 and the I 765 and you can get a work permit for Dad pending the adjustment of status interview. However, here in Florida the i 765 is taking about 9 to 12 months to process. Often times, the green card is issued before the I 765. So it would make more sense just to file the 485 now with the 765.   ... Read Answer

Hello, for our clients who do not have OPT stem extension, we have sometimes changed their status to an H3 traineeship visa.  These are difficult to prove, but we have had success. It will give you a maximum of 18 months.  You can also look around for other companies to sponsor you.  We are filing employment-based cases for those with only a bachelor's degree (in fact we just to an i140 approval for an EB3 case yesterday, without an RFE).  If you would like to get a legal fee estimate, please send an email to me at dawn@legacyimmigrationattorney.com.... Read Answer

Even if you gained your lawful permanent residence status to a prior marriage, you are eligible to file a new immigrant petition on behalf of your new spouse. However, an immigration officer may scrutinize the application at the interview to ensure that you were in a good faith relationship with your prevuious husband. If the officer is satisfied that everything is in order, the officer should make a favorable decision. I do suggest that you contact a lawyer to be fully informed prior to proceeding.... Read Answer

It takes about 13 years before a visa becomes available for a sibling to sibling petition. And even when it becomes available, in order to adjust status to get a green card you have to be "in status", which means you have to have NO unlawful presence during the 13 year waiting period in the United States. If you arrived on the visa waiver program, and you overstay the 90 day period, then your visa waiver privledge will be permanently revoked.          ... Read Answer

The difficulty with your daughter’s situation is that her nonimmigrant status ended when yours did since she was only a dependent. Adjustment of status under family cases except for immediate relatives (parents, spouses, and unmarried children under the age of 21 of US citizens) requires the maintenance of status until the filing of the I-485 application. An alternative to appeal or motion is to file an I-130 petition and have your daughter consular process overseas for the immigrant visa. Kindly note that the 3/10 year bars do not apply to children under the age of 18. If your daughter was already 18 by the date of the USCIS denial, the 3/10 year bars only begin to apply if your daughter remains in the US for over 180 days thereafter. The difficulty with appeals and motions is that many are not resolved within 180 days, and if you and your daughter are in this situation, that leaves you and your daughter with a difficult choice of either leaving before the resolution of the appeal or motion or chancing the three-year bar being imposed if the appeal or motion is lost and the 180 days is over. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

You can supplement your affidavit of support with the following documents: 1. A letter from your employer verifying employment and the rate of pay. 2. The most recent 6 months of pay stubs from your employer 3. 12 months of bank statements, that show your payroll being deposited into your account from your job. You should either engage counsel to look over your affidavit of support before you file it or even better, you should retain counsel to represent you from start to finish.... Read Answer

As you timely applied for a change of status to F-1 student, you are allowed to remain in the US while awaiting a decision on the change of status request. USCIS last year changed its policy which had previously required B-2 individuals applying for change of status to student to keep maintaining B-2 status and keep filing extension requests until the change of status was adjudicated. Please note, however, that other rules still apply that you cannot become a student until USCIS approves the change, and you are not allowed to work in the US during the pendency of the request. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer