Florida Immigration Legal Questions

The three-month state residence requirement is not applicable to those returning to the same state or U.S.C.I.S. field office jurisdiction after the trip abroad. As long as you are still returning to the same residence, you can apply for your citizenship at this time.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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

It would appear that the person of whom you speak was convicted of an aggravated felony – distribution of drugs. The immigration laws do not allow a waiver in this situation. It would also appear in his situation that his only relief would be through obtaining a governor’s pardon for the offenses.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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

An individual who is applying for adjustment of status is allowed to stay in the grace of U.S.C.I.S. Unless the applicant has an underlying valid nonimmigrant status, the individual cannot be said to have a lawful immigration status. If the only thing that was keeping you afloat was the green card application and not a valid non-immigrant status, you would fall under the category of those whose legal status expired by 2012.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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 you were never taken to the police station, I believe that you were detained rather than arrested. Your matter appears to have been internally handled by store security. As your background checks were clean, I will also assume that you were never fingerprinted in connection with the theft. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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 are 17 and your American girl friend is 16 and your plans may not be as definite as they appear to you at this time. I suggest that perhaps you may not be as firmly committed as people who are of a more mature age. Therefore you may wish to come to the US under a B visa (if you obtain it) and go through your plans with her and her parents when you arrived in the States. You may find that things are not as simple as they now appear to be. It may turn out that in the end your visit is just that – a three-month visit. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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

American consulates and embassies do not require the presence of the spouse at immigrant visa interviews. If the spouse of the permanent resident wishes to travel to the consular post, the applicant can indicate to a consular officer that the spouse is there, but the spouse is normally not allowed to be part of the interview process. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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 law against representing oneself as a US citizen when one is not has been in the immigration law a long time, but prior to the Illegal immigration Reform and Immigrant Responsibility Act of 1996, individuals were able to obtain waivers where this occurred. The law was changed so that there can be no forgiveness for such misrepresentations since September 30, 1996. As you know, all persons born in Puerto Rico are US citizens. If your husband represented that he was born in Puerto Rico, he would run afoul of this law. The question is whether he made the misrepresentation for a purpose or benefit under the state law.  Your attorney should explore the issue. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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

An attorney – client relationship presupposes confidentiality on the part of the attorney. No attorney should report an undocumented immigrant that he or she is representing or has consulted with without first having secured that individual's permission to report him or her.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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.   T... Read Answer

For permanent residence, an applicant is not required to show good moral character although U.S.C.I.S. may deny an application based upon discretion where there are unfavorable factors. In your case, the question is whether U.S.C.I.S. will be able to use its discretion or whether you are barred from immigrating to the States by virtue of the marijuana offense. You say that you had a misdemeanor charge for marijuana and the first question is whether there was a conviction or guilty plea. If the charge was reduced or dismissed, or if the charge was possession of 30 g or less, you would not be barred. If there was a conviction or plea and the amount of marijuana was over 30 g, you would be deportable and would not be granted your permanent residence.  I note that U.S.C.I.S. requires you to bring a certified copy of the disposition with you to the interview.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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

I suggest that you apply for a visa at the American consulate or embassy and explain your situation and if requested, present the notice of dismissal. I concur with your thought that you should not apply for ESTA anymore.  Theft is a crime of moral turpitude and the fact of the arrest alone will likely result in an ESTA denial. When you again visit the US, you can bring the notice of dismissal in the event that you are questioned about it by CBP. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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

Under U.S.C.I.S.'s present rules, you should renew your green card prior to applying for citizenship if your green card will expire within six months. As you only have three months, you should renew as the law requires you to have a valid green card. I note though that I have not heard of the rule being enforced to deny anyone citizenship, but the above is the agency's official stance.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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 naturalization form asks whether individuals owe any federal, state, or local taxes that are overdue. Such question goes to the obligation of everyone to pay their taxes. U.S.C.I.S. will generally not grant naturalization unless it is satisfied that taxes have been paid or an individual has a payment plan with the IRS for the payment of late taxes. On the other hand, if you are only late on filing the tax returns and are current by the time of the interview, such should not be an impediment to naturalization.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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 a tourist, you have no authority to be employed in this country. If Immigration knows that you are working, you would be removable from the country. Additionally any extension or change of status requests would be denied. Unauthorized employment if known could also give you a problem when applying for another visa overseas or when you return from abroad and are inspected by US Customs and Border Protection officials.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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

Visitors visas are given in the discretion of US consular officers who assess whether they believe the applicant will return to the home country. Good factors on her behalf are her steady job and high education. Negative factors are non-ownership of apartment and possibly not much savings. On her coming to visit you, that is generally not a good factor, but explainable as you have done in setting out the facts. Our policy on these matters is full disclosure.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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

If you have had no prior proceedings against you and if you obtained the advance parole under DA CA standards, I see no reason why you cannot use the advance parole which you now possess. You must of course ensure that you have a proper passport and if going to another country than your homeland that you have proper permission and if necessary visas to go to that country.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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 question is what happened with the pot violations and whether you pleaded guilty. The law appears to be moving more strictly in the area of venues under which convictions and pleas of guilty can count in immigration enforcement. There was a recent case in which a Municipal Court decision was actually upheld against the alien. The law allows waiver for one pot conviction but not three. You may wish to have a consultation with a knowledgeable immigration lawyer prior to taking any further actions towards naturalization.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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 I-765 work authorization is an ancillary application to the I-485 adjustment of status. You will not be able to have the first without the second.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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 form to use is the I-864 affidavit of support since you are petitioning for him in a family based case. Although you earn nothing, your husband may be able to show his assets in order to immigrate under your affidavit of support. In a U. S. citizen spouse case, assets are counted at one third of regular income in meeting the poverty guidelines. As you live in Germany with your husband, you will also have to show the consular officer that you still have ties and bonds to the country in order for the affidavit of support to be effective. Such items as property in the States, a job offer in the States, a record of voting, etc. would be helpful in establishing your continued domicile in the country.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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

An OPT STEM extension requires that you be working with an employer who uses the E-Verify system. If you are working as a voluntary unpaid intern with a professor, you would not qualify for an STEM extension as the professor is likely not an E-Verify employer and all STEM work must be paid.  Thus voluntary work for more than 90 days would probably violate the law which only allows 120 days (including the STEM period) In which you can be without employment. Your options appear to be attempting to go back to school, attempting to change status to some other category, or leaving the country now and returning at some other time either with a visa or without (if under the visa waiver program).Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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

If you are filing an affidavit of support for your husband's immigrant visa, you would be using form I-864. You are correct that you need to prove three times the 125% of the poverty guidelines if you will be using assets. You state a figure of $58,164. I was never too good at math, but my figure is $58,041. I do caution you that some consular officers do not respect the poverty guidelines and may give you a hard time even though you make the figure. However, a reasonable consular officer would let your husband pass.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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

If you already have a petition for L-1A with a concurrent request for change of status, you should remain in the country until you receive a decision from U.S.C.I.S. You are considered in a quasi legal status during the time that a timely filed application or petition is pending even after the time on your present status has expired.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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 question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. A lot will depend on how you entered the country and whether you entered on a visa or not. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your /situation. (S)he would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.... Read Answer