Florida Immigration Legal Questions

As driving with a suspended license is not a crime involving moral turpitude, an arrest and suspension of license would have no effect upon a renewal application for the green card.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

Yes you can sponsor her for her green card. The processing of her application will take about 12 months before the visa will be issued so I suggest that you start the filing as soon as possible and retain an experienced immigration lawyer here in central Florida. A lot of us give free consultations.... Read Answer

If you are a US Citizen, and if you have met your fiance in person, then you can apply for a fiance visa for him and get married within 90 days of his arrival into the US. Of course you need to be legally divorced from your first husband before applying. It takes a little less than 1 year to obtain a fiance K visa, so you should act as soon as possible. Also, because you may not qualify as a financial sponsor due to your situation, you can have someone else act your joint financial sponsor. You should retain the services of counsel here in Florida to assist you. Good luck. ... Read Answer

Although you did not file concurrently the I-485 adjustment of status application with your I-130 petition for alien relative, U.S.C.I.S. does not require you to wait until approval or pay twice for the I-130. You can place a copy of the I-130 receipt with the I-485 application now and U.S.C.I.S. should locate the I-130 and consolidate it with the I-485 for your interview. If you wish, you and your wife can also give U.S.C.I.S. another set of I-130 forms to make it easier for U.S.C.I.S. in the event that the original l-130 is misplaced and not in the file on the interview date. In that event, you should mark clearly that it is only a second set for information purposes only. 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

Customs and Border Protection inspectors can do what the officer did in your case. You are allowed to apply for an extension if you desire since you are no longer under the the visa waiver program, but would take the risk that if the application for an extension is denied after September 30, 2018, you would find it even more difficult to come into the country under either the visa waiver program or a nonimmigrant visa. 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 only asks that one of the parents have had a residence in the US. The residence must take place prior to the child's birth, and the law does not define how long the residence must be. In saying that both US citizens have lived outside the US for more than five years, I assume that that means that you both resided in in the US at some point in the past. If that is the case, your child should be eligible for the US passport.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

Yes it’s possible for your fiancé to adjust status if she enters the country legally, but be careful of preconceived intent. If she enters the country intending to stay as a tourist but her real intent is to remain permanently, immigration officials may consider this as an immigration violation. It’s advisable if you retain counsel to handle your case so it is done without any complications.... Read Answer

Even if your husband was a minor at the time and the fact that he was absent from his immigration court appearance was beyond his control, he would still have to technically file a motion to reopen. When the case is reopened, he would be able to contest his removability. 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. consequence.  ... Read Answer

If your case was nolle prosequi on pretrial intervention and you did not admit any guilt, CBP would not revoke your visa and would likely not seriously challenge her entry. I do note, however, that U. S. consulates have been prudentially revoking visas where individuals have been arrested in the U. S. regardless of the outcome if they believe that your type of offense would lead to a finding of visa ineligibility. If that is done, you would receive notice, and if you left the U. S., the revocation would take effect. 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

In order for U.S.C.I.S. to favorably adjudicate a visitor visa extension, it must be convinced that the individual will be able to stay here without having to work. While not mandatory for your sister to be your sponsor, you must otherwise be able to show proof of being able to stay without working. 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 issue is one of misrepresentation at the time of entry to the U. S. Entering the U. S. with an F-1 visa and having no intent to attend the school for which you obtained the visa constitutes misrepresentation, and is a bar under U. S. immigration law. It would be better for you to obtain a new I-20 and request an amendment on the visa or a new visa to study at the proper school. 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

Hi Chris...You can apply for a fiance visa if you have physically met her within the last two years..or if u have not, you can travel to the Phillipines and marry there and thereafter sponsor her for her green card and have her process at the consulate..Both processing times are taking about 10-12 months.  Alternatively she could travel here on a Visitor visa and then get married. However, be aware that if she does this she may be crossing the line on Immigration fraud as her intent expressed to the border agents is for a visit whereas she really intends to marry and stay permanantly. Feel free to discuss your case privately to asses the best approach to take to make sure your case is processed smoothly and competently.    Steve... Read Answer

The issue of immigrant intent on entering the US is an issue that DHS takes very seriously. If you intend to enter the country on a student visa, but conceal your real intent , which is entering the country to marry an American Citizen, you may be committing immigration fraud. Your safest and best bet would be to retain Immigration counsel here in Florida to make certain that your application is processed correctly. ... Read Answer

I assume that you scheduled an infopass to speak with U.S.C.I.S. concerning your case. For infopasses, U.S.C.I S. does require some proof of identification such as a passport, drivers license, state identity card, employment authorization card, green card, proof of US citizenship, etc. There is no way to get a special ID to talk to an immigration officer.  If you have no ID proof, perhaps someone else like your petitioner (if you are being sponsored by somebody else) or legal representative could do the infopass instead of you.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 your daughter is over 21 then she can sponsor you as an immediate relative. Since you entered as a visitor then u may have a problem adjusting status since your intent was to visit and not to adjust status. Consequently it would be safer for u to process your petition overseas. Thus u should not overstay your visa if u don’t want any problems. ... Read Answer

the best way to go is to apply for a Fiance visa and then when that is approved, she can travel here and must get married to u within 90 days, upon which she can adjust her status to obtain a green card..If she has any prior marriages that ended in divorce,  then she must obtain a certified copy of the divorce decree. ... Read Answer