Fernando Perez III’s Answers

Fernando Perez III

Tampa Immigration Attorney.

Contributor Level 8
  1. I 130 infopass appointment

    Answered almost 4 years ago.

    1. Elizabeth Rose Blandon
    2. Fernando Perez III
    2 lawyer answers

    Hi. There are a few things you can do. One is to retain an attorney to look into what is going on wit the I-130 petition. Another is to apply for a K-3 for your spouse. You became eligible for the K-3 when you became a citizen. The K-3 petition is filed with Immigration (USCIS) in the U.S. and, normally, takes about 90 days to approve. Once approved it will still be several months before your spouse is scheduled for an interview at the Consulate in his home country. When your spouse...

  2. Advise on best time of marriage betwween a green card holder & a foreign national on valid visa to USA,or anyother alternative?

    Answered almost 4 years ago.

    1. Nicolas Andres Olano
    2. Fernando Perez III
    3. Andre R. Olivie
    3 lawyer answers

    First, make sure you do not get married until after you have been issued your immigrant visa and have come to the United States. If you go to the US Consulaet in India and they approve you all they are approving is the issuance of your immigrant visa. You will not actually becomne a green card holder until you arrive in the U.S. with the visa. We have had Indian clients who went to the immigrant visa interview and then married before coming to the U.S. and, by doing so, made themselves...

  3. Immigration court

    Answered almost 4 years ago.

    1. Jeffrey Adam Devore
    2. Fernando Perez III
    3. Ekaette Patty-Anne Eddings
    3 lawyer answers

    You definitely need a lawyer. If your marriage is a real marriage you will be able to get your green card, but now that you are in deportation proceedings it will be much more complicated. Yes, it is a bad thing because if you do not get a lawyer you will probably get deported. Even if they could not approve the I-485 they should have approved the I-130 filed by your spouse (unless your spouse is Cuban and you applied under the Cuban Adjustment Act). We would be happy to assist you with...

  4. Immgration.

    Answered almost 4 years ago.

    1. Joshua Charles Teets
    2. Fernando Perez III
    2 lawyer answers

    If he entered the United States illegally even if you marry him he will not be able to stay here. You sound really young. I suggest you speak to someone (parent, priest, counselor, etc.) before you get married.

  5. US resident with a misdemeanor case(retail theft)-case was dismissed in2005;can it count against when he applies for citizenship

    Answered almost 4 years ago.

    1. Fernando Perez III
    2. Mark Richard Kowalewski
    2 lawyer answers

    You should not have a problem when you apply for citizenship if this is your only criminal matter. Based on your information it appears the charge was dismissed. Even if it had not been dismissed, since it occurred more than five years ago, it still would not have created a problem. When you file for citizenship you will still have to disclose the arrest and provide court certified copies of the police report, charge, PTI agreement, and final disposition - if available. Because your case...

  6. I130 has been closed because of change of address issue how can reopen the file with same priority date?

    Answered almost 4 years ago.

    1. Fernando Perez III
    2. Ralf D. Wiedemann
    2 lawyer answers

    To reopen the cases you would have to file two separate motions to reopen, with two separate filing fees, with the Immigration office that denied the petitions. To have any chance of getting the petitions reopened you will have to show that your failure to respond to the request for evidence that was sent out was due to circumstances outside your control (e.g., you notified Immigration of the change of address, but they sent it to the old address anyway). Your best hope of getting these...

  7. I married my husband and hes from honduras can i get a license for him and try to ajust papers without him leaving to honduras?

    Answered almost 4 years ago.

    1. Natalie Dian Hall
    2. Fernando Perez III
    3. Ekaette Patty-Anne Eddings
    3 lawyer answers

    I cannot tell from the information you provided. Unless your husband is here legally he will nt be able to get a license. If your husband entered the US illegally (without papers) there is no way for you to make him legal unles someone filed a petition for him before April 30, 2001. If he entered with a visa and overstayed, or if someone petitioned for him before April 30, 2001, then he can be helped. If he entered illegally, they only way he can become legal is by going back to Honduras,...

  8. Is it crime as of now?

    Answered almost 4 years ago.

    1. Fernando Perez III
    2. Kevin Lawrence Dixler
    2 lawyer answers

    It is a crime in Florida to be married to more than one person at the same time. From your question it seems that in 2005 you were married to two people at the same time. It also appears that you divorced both of those persons and have now married again. It is unlikely that the State of Florida will file criminal charges against you because you were married to two people in the past. Especially if neither of your ex-spouses is complaining to the prosecutors about it. I also do not know...

  9. H4 travel during/after H1B transfer

    Answered almost 4 years ago.

    1. Fernando Perez III
    2. Andrea W. Kelly
    2 lawyer answers

    Your wife can certainly travel and come back before you change employers. She should not travel while the H1B petition is pending as this will void her H4 application. She should file for the H4 together with your H1B petition because that way her H4 approval will coincide with your H1B approval which should be good for three years. After you get the new approvals, the first time you exit the US, before coming back you will need to stop by the US Consulate in your home country so a new...

  10. I am an USA citizen requesting my mom to become a resident. She is here and came with a visa

    Answered almost 4 years ago.

    1. Elizabeth Rose Blandon
    2. Fernando Perez III
    3. Andrea W. Kelly
    3 lawyer answers

    Lawful entry can be established by alternate means if the entry ccard and stamp are not available. For example, we have used passports of persons who traveled with the person, statements from the persons someone traveled with or who picked them up at the airport, boarding passes, visas showing the person had a valid visa on the day she entered, etc. The biggest concern here is the fact that, according to your question, Immigration cannot find any record of her entry. We would be happy to...

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