Florida Immigration Legal Questions

Any individual other than a person holding nonimmigrant status must register for selective service between the ages of 18-26 if he was in the U. S. during those years. Your son is eligible to apply for naturalization without having gone through selective service registration as he will only just have turned 18 and has until the age of 26 to register. He cannot be found to have willfully failed to register until he is over that age. The best practice of course would be for anyone who is able to register to do so when applying for U. S. citizenship. 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 More

Hello, The best way to find out if your children can get Ecuadorian citizenship in addition to their U.S. citizenship is to contact the Ecuadorian consulate. At our law firm we have filed citizenship applications for people who do not want to give up their original nationality and the USCIS has not asked them to choose one. However some countries will ask you to revoke your original citizenship before you can become a citizen so it is a good idea to check with an Ecuadorian consular officer first. Good Luck. The information above is of a general nature and is not, nor is it intended to be legal advice. For specific legal advice about your situation, please speak to your immigration attorney. ... Read More

That would not be a ground to make you lose your green card. Losing it would not be because you are associated with a person of ill repute, but whether you have done something yourself. For example, if you gained your green card through fraudulent marriage, leaving your husband for another person could trigger immigration consequences if you were reported to ICE for the fraudulent marriage. Otherwise it is deeds and not associations which count with DHS in deciding to take actions against someone’s 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 More

If you wife’s parents were only visiting temporarily in her country of birth and you are able to establish that fact, your wife could be charged to her parents’ country of birth. The fact that you are the principal applicant and she is the derivative is acceptable for purposes of cross chargeability. 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 More

You may be qualified for an L-1 visa. In starting a new operation, U.S.C.I.S. would approve you for one year if it is satisfied that you fit all the requirements. After one year, you would have to show signs of growth in order to warrant an extension. The size of your restaurant in Brazil and your percentage ownership of 50% and ownership of a new operation in the U. S. are not negative factors. Current processing at the Vermont service center is approximately 4 months and at the California service center one month. Which service center has jurisdiction depends upon the location of your intended business. If these processing times do not suit you, you can ask U.S.C.I.S. for premium processing in which the agency will reach your case for processing within 15 calendar days upon payment of a premium processing fee of $1225. 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 More

If you apply while she is here as a tourist, she cannot leave for 3 months. At that time, she will get a temporary travel permit. If she leaves and waits, the consulate process can take up to a year.  You can also petition her son to come with her. Once she marries you there is a presumption that she wants to stay with her US spouse. Thus, if she leaves and tries to get back in on a tourist visa, they may deny her entry. Then, you have to wait for the 1 year consulate process. She cannot lie at the airport, if upon her return they start to ask questions on who she is visiting, marriage, etc. I would be happy to help in either scenario. You can call me or email: Harun@ksvisalaw.com 858-874-0711... Read More

Hola, Puede ser posible pero usted necesita hablar con un abogado de derecho de familia en busca de ayuda para usted y su bebé. Tambien usted necesita hablar con un abogado de inmigracion en su cuidad. Su problema es muy complicado y es mejor hablar con un abogado y darles sus datos. Buena Suerte.   La información anterior es de naturaleza general y no es, ni pretende ser un consejo legal. Para obtener asesoramiento legal específico sobre su situación, por favor hable con su abogado de inmigración. The information above is of a general nature and is not, nor is it intended to be legal advice. For specific legal advice about your situation, please speak to your immigration attorney. ... Read More

Your friend can only be approved for employment authorization as the dependent of an A-2 under the circumstances where he would be an unmarried son under the age of 25 who is in full-time attendance as a student at a postsecondary educational institution and there must be a formal bilateral employment agreement permitting employment in the U. S. that was signed prior to November 21, 1988 and the bilateral employment agreement did not specify 23 as the maximum age for employment of such unmarried sons and daughters. Your friend can check with the office of protocol of the Department of State to determine whether the U. S. has such a bilateral employment agreement with Algeria. For his other options, he should consult with a knowledgeable immigration attorney.  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 More

If you are already the age of consent at 18, there does not appear to be anything that your mother can do to stop the marriage legally. Of course, she can threaten to report your boyfriend to ICE, but he would not be a high priority unless he has other unfavorable factors since there are approximately 11,000,000 undocumented individuals in this 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 More

For the month of May, the visa bulletin of the U. S. Department of State shows that the F-2A category for spouses and unmarried children of permanent residents is available to those who filed prior to September 1, 2013. That means that it is presently taking less than 2 years for a permanent resident to sponsor such individuals for the green card. Although visa availability goes up and down, you may think seriously about having your fiancé/husband sponsor you directly off 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 More

Hello, Your fiance may be able to file for a green card after you marry but because he entered the U.S. illegally, he may have to complete the application at a U.S. consulate abroad. Since he has been arrested before and he entered illegally, it is important that you speak to an experienced immigration lawyer in your local city before you move forward with any immigration applications. Good Luck.  The information provided above is of a general nature and is not, nor is it intended to be, legal advice. You should speak to your immigration lawyer for specific legal advice for your situation.... Read More

U.S.C.I.S. will generally hold an I-485 case in your situation until there is a disposition. You or your representative will have to keep U.S.C.I.S. informed of the status of your DUI case. I note that there is currently a movement in the immigration laws to consider DUI offenses more serious as seen in people being barred from The Deferred Action for Childhood Arrivals (DACA) program if they have DUIs. To be on the safe side, you or your lawyer may consider attempting to have the case dismissed or the charge changed to another ground. 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 More

If you are a U. S. citizen, and are thinking to apply for your intended’s permanent residence, the fact of the overstay will not prevent her from obtaining her permanent residence. As the spouse of a U. S. citizen, she would fall within the class of immediate relatives who are allowed to adjust status even if overstayed. 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 More

Hello,   It is not clear from your question if you were ordered deported and remained in the U.S. after your appeal was dismissed, or if you were successful in fighting your deportation. At this time there is a temporary ban on DAPA so until the ban is lifted you would not be able to file for DAPA, even if you were qualified. Since you have been in deportation proceedings in the past, before you file any new immigration application, it is very important that you take your immigration court papers and speak to an experienced immigration lawyer in your local city so they  can review what happened in court and give you specific advice for your particular situation. Good luck. Disclaimer:  The answers to frequently asked questions are based on limited information available to us.    The answer provided is of a general nature and does not establish an attorney - client relationship.  It is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation.      ... Read More

If an F-1 student like you is in legal status and keeps studying, he or she is allowed to continue staying in the U. S. while awaiting the H-1B. I am assuming that you are talking about an H-1B cap case in which the H-1B does not become effective until at least October 1st.  In the case that I just described, having an I-20 and studying until October allows the individual to stay. Otherwise the student would have to have some other basis like a post completion OPT that extends until the time that the H-1B petition is filed (that would allow the student to enter into a cap gap extension allowing employment and stay until September 30th if the H-1B petition is selected and either pending or approved by that date) or the beginning of February (that would allow the student to stay until September 30th under the same conditions but would not allow work). 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 More

I will assume that you are not a legal F-1 student as most American consulates will not give student visas to children who are 11 years old. If you are not legal, you should not do anything at this time. If you leave, you will have a very difficult time coming back in legally. You should wait and see what happens with the expansion of the DACA program which is presently on hold due to a temporary injunction by a federal district court judge in Texas. As you have already been in this country for five years and four months, and are presently studying, you would likely be eligible for the expanded form of DACA once the temporary injunction is overcome and the program put back on track. 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 More

An individual is supposed to file for naturalization in the state of residence. As you have already moved to Florida for eight months, you should be applying for citizenship in Florida even if all your documents are from Kentucky. At the time of interview, you can present whatever proof you have that you are residing in Florida. 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 More

It is unclear from your question as to whether you are a conditional permanent resident (married for less than two years at the time of entry into the States or approval for adjustment of status) or a resident with a permanent green card. If in the latter class, you do not have to do anything as you already have the final green card. If you only have a conditional one, you will have to file for removal of the conditions of your residence status within two years of your having received that card. In doing so, you can obtain a permanent card if you show U.S.C.I.S. that you either had a bona fide marriage although it was ended, or that you were a victim of violence by your spouse, or that a refusal to allow you a permanent card would cause extreme hardship to you, such hardship occurring during the time of the conditional residence. 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 More

If you overstayed in the United States on the tourist visa and left the US after turning the age of 18, you are barred from returning for 10 years under present rules. You may apply for a nonimmigrant visa and enter the US if the consul initially refuses your application, agrees to recommend that a waiver be given to you, and the waiver application is agreed to by the Admissibility Review Office (ARO) of DHS. The consul and ARO would look at the seriousness of your violation, extenuating circumstances, reason for coming to the US including necessity for or urgency of, and whether the trip would endanger public safety or national security. 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 More

Rescheduling an appointment for adjustment of status to permanent residence is generally not a good idea and should not be requested if avoidable. Sometimes U.S.C.I.S. mistakenly denies cases in which persons ask for rescheduling on the basis that they did not show up on the date of interview. The agency is getting better at this, however, and now provides an easier way for individuals to rectify the errors. The time for rescheduling depends upon the schedule of the U.S.C.I.S. field office, but is generally done in our experience between 2-6 months.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 More

Hello. If you are an alien and not a citizen, you may be able to get you I-94 history at:   https://i94.cbp.dhs.gov/I94/request.html   Or, you may need to file a FOIA on your trips with CBP:   http://www.dhs.gov/us-visit-documents-foia-electronic-reading-room   Good Luck.... Read More

The potential difficulty here is that the couple was married prior to her coming to the US and U.S.C.I.S. may think that she came to the US with the intention of never going back. On the other hand, good things in your friend's favor for arguing that she did not try to circumvent regular US immigration procedures of waiting overseas could be that she was not petitioned for permanent residence prior to coming to the country (if that is true) , an intervening event occurred that made her reluctant to go back home (the pregnancy), and if she had the 10 year visa previously and not just for this trip. (Kindly note that I assume that you mean that she has a B visa instead of a D visa. The latter type of visa is for crewman such as a flight attendant and such individuals are not eligible to adjust status in the U. S.) 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 More

By visa renewal, I will assume that you mean going outside the U. S. to renew your visa with the U. S. consulate or embassy. F-1 visas are discretionary with all consular posts. Having a spotty study record and not being able to support yourself without working may be seen as negatives in determining whether to renew your 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 More

At this stage, since you have already received permanent residence, a divorce would not affect your permanent residence nor 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 More

Dependent upon the type of work visa that you have, you may still be able to renew it. If it is a work visa in a nonimmigrant category and the maximum time period has not been exhausted, your employer may file an extension petition and you would likely have to leave the U. S. to interview for the visa at the American consulate or Embassy in your home country. If the work visa is an employment authorization card (EAD), you may be able to renew it if the principal application (usually I-485) is still valid. I note that you would not be allowed to work during the time that the EAD extension application is pending. Deportation is usually not a concern unless you already under proceedings. 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 More