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Questions Answered by Ms Grace I Gardiner
2 Answers | Asked in Immigration Law for Alabama on
Q: A family came to do volunteer mission on B visas. We'd like them to stay (change status to R). Can the dependents stay?

The primary will go from B to R (I-129), but can the dependents stay in the US while this is in process? How do I apply for R2s for them? Will they have to return to Bahamas while this is in process, or do they have to return after approval? Is there an additional form to file with the I-129? 2... Read more »

Ms Grace I Gardiner
Ms Grace I Gardiner answered on Oct 25, 2019

Like the previous attorney said you need to consult with an experienced immigration attorney to discuss the chamois status from B1/B2 ti R1/R2

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3 Answers | Asked in Immigration Law for Florida on
Q: Can I apply for naturalization with a pending i751 with waiver based on abuse?
Ms Grace I Gardiner
Ms Grace I Gardiner answered on Aug 25, 2019

I don’t recommend it because they will not address it until the waiver is adjudicated.

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3 Answers | Asked in Immigration Law for Florida on
Q: If I have an approved I 130, can I apply for an I 485 if I’m in the US but my I 94 is expired?

My I 130 was approved and I have just received a notification from the NVC regarding my visa. I’m currently in the US but my I 94 expired and I would like to change my status to not have to go through the consular process and proceed with an adjusted status instead. Is that possible?

Ms Grace I Gardiner
Ms Grace I Gardiner answered on Aug 7, 2019

It also depends who is the petitioner on the I130 and in certain circumstances your age.

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1 Answer | Asked in Immigration Law for Minnesota on
Q: if I marry someone in the usa with an expired visa within the last year, can they stay in this country?

They came to this country 8 years ago with a 9 year old child legally.

Ms Grace I Gardiner
Ms Grace I Gardiner answered on Jul 2, 2019

Yes you can apply for green cards for your spouse and step child

1 Answer | Asked in Immigration Law for Texas on
Q: Girlfriend is in Mexíco and has a 3yr old son Father of kid will sign off on Patria Potestad. She & son have passport

What does she need to be able to obtain her K-1 Visa?

Ms Grace I Gardiner
Ms Grace I Gardiner answered on Jun 17, 2019

You have to show that you have visited her at least once in the last two years, that you both have the intent to get married, that you don’t have a criminal record and that you are financially able to support both of them. You need to consult with an experienced immigration attorney

3 Answers | Asked in Immigration Law for Wisconsin on
Q: Can I file I-485 and I-130 for my mother separately, or do they need to be completed at the same time?

My mother is in the US as a tourist (B2). I would like to adjust her status and apply for a green card for her. I am a US Citizen. Can I file for Adjustment of Status (I-485) first, then once approved, complete the (I-130)? Or do both forms need to be filed at the same time?

Ms Grace I Gardiner
Ms Grace I Gardiner answered on Jun 17, 2019

I agree with the previous attorney based on the phrasing of your question you then to speak with an experienced immigration attorney

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2 Answers | Asked in Immigration Law for Arizona on
Q: Can I (a US Citizen) petition my step daughter?
Ms Grace I Gardiner
Ms Grace I Gardiner answered on May 22, 2019

If the marriage took place before the child’s 18th birthday you certainly can apply for her green card

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1 Answer | Asked in Immigration Law on
Q: My mother who is a LPR married a USA citizen. Can the USA citizen petition
Ms Grace I Gardiner
Ms Grace I Gardiner answered on Apr 1, 2019

Will need more information to answer the question

3 Answers | Asked in Immigration Law for North Carolina on
Q: My daughter has a boyfriend from Canada, who really wants to come here, so they can be together. What can they do?
Ms Grace I Gardiner
Ms Grace I Gardiner answered on Mar 23, 2019

She can apply for a fiance visa if she has visited him there at least once in the last two years. There are several other requirements so she should speak with an experienced immigration attorney

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3 Answers | Asked in Immigration Law on
Q: So i met this filipina girl here in usa she was on a tourist visa to attend her sister wedding here . Can i marry her ?

We have really hit it off an i would like to marry her if i do will we have to file for a spouse visa ?

Ms Grace I Gardiner
Ms Grace I Gardiner answered on Jan 29, 2019

Yes you will have to file for a spouse visa if you want her to stay in the USA. Please insure however that you wait at least 90 days before marrying her otherwise immigration can or may allege marriage fraud on her part. If you have additional questions you can call us at 8139616119

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4 Answers | Asked in Immigration Law for New York on
Q: Hi. I've been a permanent resident of the U.S. since 1970. Sometime between 1983 and 85 I got married but then divorced.

I have nothing proving marriage or divorce. Will it be hard for me to become a U.S. Citizen? Please help. Thank you.

Ms Grace I Gardiner
Ms Grace I Gardiner answered on Dec 23, 2018

Go to the county where you think you got married and same for the divorce and request a copy of each and then hire an attorney to help you compile the rest of the documents needed in order to apply for your citizenship

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Possible to marry an immigrant legally months before the wedding to obtain legal status, so honeymoon can be out of U.S

Will begin living together only after the wedding.

Ms Grace I Gardiner
Ms Grace I Gardiner answered on Dec 17, 2018

It’s possible but one of the questions asked is about what address you live at and when did you begin living together

If you are not living together immigration will assume the marriage is for immigration benefits. Uscis sometimes randomly run bed checks. I advise filing after you are...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: So I just found out that my girlfriend is an illegal immigrant. She overstated her visa by over a year.

She hasn’t consulted a lawyer. What are her options? She’s planning on going back home. If she does that what will be my options to get her back in the country if we stay together?

Ms Grace I Gardiner
Ms Grace I Gardiner answered on Dec 17, 2018

If you were planning on marrying her I suggest she stays and you apply for her green card. If she leaves now she faces a ten year bar and you will have to prove extreme and exceptional hardship to you to overcome her unlawful presence

I suggest you call my office at 8139616119 for further...
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1 Answer | Asked in Immigration Law for Colorado on
Q: Does my fiance automatically become a US citizen once we're married?
Ms Grace I Gardiner
Ms Grace I Gardiner answered on Dec 11, 2018

No. First your fiancé will receive a two year conditional green card. The condition must be removed. Your fiancé can then apply for citizenship in the third year provided you’ll are still together

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Hello I want to get marry to my boyfriend which Visa process is faster k1 visa or spouse visa ?

I met my boyfriend 4 years ago while I was taking english class . My daughter was born in the Usa, me and my daughter we lived in my home country .my boyfriend and I want to get marry but we not sure which process is better and faster .

Ms Grace I Gardiner
Ms Grace I Gardiner answered on Dec 11, 2018

The time frame for either one is about the same, but if you did not pay for the birth of your daughter here in the USA you can or may be denied at the interview. Make sure you have documentation to show proof of payment

4 Answers | Asked in Immigration Law for Florida on
Q: I'm married with a American citizen, I would like to apply to the green card, what is the right form to fill up?

I'm legal in the USA , have a visa

Ms Grace I Gardiner
Ms Grace I Gardiner answered on Dec 6, 2018

My recommendation is that you look for a free consultation with an immigration attorney. There is more involved than filling forms out.

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1 Answer | Asked in Immigration Law for Missouri on
Q: where can i get help filling out an application for citizenship
Ms Grace I Gardiner
Ms Grace I Gardiner answered on Dec 2, 2018

Generally we recommend working with an experienced immigration attorney

1 Answer | Asked in Immigration Law for Tennessee on
Q: My boyfriend was detained today by ICE, this was in Orlado FL, what can we do. Please help

We were going to get married this month, he was supposed to be moving from FL to TN and now this happened. He entered the country legally with a visa and decided to stay and he is been in the country for 5 years, he was traveling on a bus from Miami to Orlando when he was detained.

Ms Grace I Gardiner
Ms Grace I Gardiner answered on Dec 1, 2018

He may be able to file a request a bond based on your impending marriage and if he has no criminal history. There are other factors that the court takes into consideration. Please contact an experienced immigration attorney as quickly as possible. You can also call my Florida office if you have... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: Can I solicit a tourist visa for the mother of my child of Honduran citizenship. Our baby boy has an American passport

I need to resume my life in the U.S after living in Honduras for 10 years due to a work contract. I would like to bring my life partner & marry in the U.S Please advise

Ms Grace I Gardiner
Ms Grace I Gardiner answered on Dec 2, 2018

There is also a b2 classification visa which allows a domestic partner of long term non-immigrants provided the alien is able to overcome INA 214(b)

My recommendation will be to marry in Honduras and apply for green card if it is available at that embassy

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1 Answer | Asked in Immigration Law for Indiana on
Q: Once I obtain a green card, what exactly do I need in order to obtain citizenship through naturalization?
Ms Grace I Gardiner
Ms Grace I Gardiner answered on Nov 25, 2018

If you received your greencard through marriage you can start applying for citizenship ninty days before you had the green card for three years. Show that if you have had continuous legal residency for 18 months must have been physically present in your state for three months and be a person of... Read more »

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