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3 Answers | Asked in Immigration Law for Michigan on
Q: I came to the United States of America on a B1/B2. I was given 6 months period to stay. I stayed for 6 months.

Then I applied for a visa extension and my application was denied. So basically I overstayed my visa. I am getting married to a US citizen. Am I able to file for adjustment of status in the US?

Ms Grace I Gardiner
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answered on Jan 25, 2024

Despite your overstay status, you can get married and apply for your adjustment of status. Please reach out to an immigration attorney to assist in your filing since your marriage will be under two years and their are extra steps that you need to follow.

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3 Answers | Asked in Immigration Law for California on
Q: I have a question about becoming a citizen U.S.

Hi, I have been a U.S permanent resident for 30 years and have a clean record both driving and criminal. But before I was 18 years old I made a trip to Mexico with some friends and on the way back we were detained for having some marijuana. This happened in Arizona. I went back to court twice... View More

Ms Grace I Gardiner
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answered on Nov 13, 2023

Yes you can still become a us citizen. You have to get a certified copy of your case including the arrest and court disposition, if your record was expunged or sealed you still need a certified letter from the court, in addition because the charge accrued before your 18th birthday it will not be... View More

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3 Answers | Asked in Immigration Law for Washington on
Q: I applied for a Fiancée visa, it was approved, my fiancée is visiting , can we get married and apply for her GC now?

Still waiting for the Fiancée visa interview at the Cd Juarez consulate. My Fiancée is here with me on a tourist visa. If we get married now, will that affect the application for her green card?

Ms Grace I Gardiner
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answered on Oct 16, 2023

The fiancé visa states that "If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card).

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1 Answer | Asked in Immigration Law for Washington on
Q: So I currently have DACA and thinking of visiting my girlfriend in Arizona, will I have problems or issues flying there?
Ms Grace I Gardiner
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answered on Jun 12, 2023

No you should not have any problems flying from your state to Arizona.

Please walk with your valid work permit, an unexpired passport and/or driver's License

3 Answers | Asked in Immigration Law for Minnesota on
Q: I’m looking to apply to the USCIS program to bring a Haitian friend to Rochester Mn Have you done these forms before ?

Looking to find out if he can apply for health insurance and other benefits as well

Ms Grace I Gardiner
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answered on Apr 17, 2023

I have done them before. I agree with the attorney below

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2 Answers | Asked in Immigration Law for Virginia on
Q: Can a person travel abroad while waiting for their I 751 form to be processed.

My wife received her notice that extends her processing time to 48 months but would like to visit her

mother in Poland

Ms Grace I Gardiner
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answered on Mar 23, 2023

Yes your wife can travel to Poland to visit her mother. She needs to travel with her receipt showing that her green card is valid for an additional 48 months In addition she could request a stamp an I - 551 stamp on her passport at the nearest uscis office

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2 Answers | Asked in Immigration Law for California on
Q: I accidentally filed for the I-90 on October 20,2021 which was 90days prior to when my 2 year green card expired .

I accidentally filed for the I-90 on October 20,2021 which was 90days prior to when my 2 year green card expired . Unfortanetly I just found out while checking on any updates That I was suppose to file for the I-751 . I am in disbelief and don’t know what to do because I read that they can deport... View More

Ms Grace I Gardiner
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answered on Oct 29, 2022

Since you are still within the time range immediately file the I-751 with all the supporting documents and file a withdrawal of the I-90

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3 Answers | Asked in Immigration Law for New York on
Q: I Am an American Citizen, I would like for my Egyptian father to come to the United States and get their Citizenship

I am 21 years old. My Family is currently in Egypt.

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answered on Aug 24, 2022

Yes you can petition for your father. However you need to have documentary proof that he raised you. Sometimes immigration may request DNA evidence as well

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2 Answers | Asked in Immigration Law for North Carolina on
Q: My husband is a citizen but my in laws lost all his documents before he turned 18 in the process their divorce.

My question is, how do I go about getting all his documents together if I have nothing to go off on? All I have is the picture he took when they took refuge in Thailand before coming to the States. A few years back, I went to the Immigration center in Milwaukee and they told us to go to the place... View More

Ms Grace I Gardiner
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answered on Aug 16, 2022

You can file a FOIA G-639 with USCIS to get a copy of his immigration file. There he would find a copy of all his immigration documents

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4 Answers | Asked in Immigration Law for Florida on
Q: I am a US citizen..My mother have Tourist visa, she is 86 and recently my father died,she is leaving in Ecuador ,

I am planning to get her here to live with me..Can I ask the immigration officer for adjust of status at the port of entrance ? O need to start the petition while she is over there? ..She is alone in Ecuador...my brother and sister can’t take care of her but I am

Ms Grace I Gardiner
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answered on Jan 18, 2021

1.No You cannot ask the immigration to adjust her at the port of entry

2. You can file the Petition for alien relative, wait about six to nine months for approval, then adjust status thru the embassy. She would arrive in the USA in about a year or less.

3. Please feel free to call...
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1 Answer | Asked in Immigration Law for Washington on
Q: How long it will take to get non-usa partner legalize in the country ?

I am a US citizen and I met a Brazilian citizen who came to the country with a visa (B1/B2). I fell for him and I don’t want him to leave country instead I want to marry him.

Ms Grace I Gardiner
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answered on Dec 25, 2020

Yes you can marry him as long as it’s 90-120 days after entry otherwise uscis can allege immigration fraud. Before Covid-19 it could take four to six months for approval now it takes about six to nine months. He cannot leave the us during the process until he is issued a travel document. Feel... View More

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Naturalization with expiring conditional green card. Should I renew my green card/ remove conditions/ change/ etc?

I applied for naturalization with qualifying military service in October 28th. USCIS's estimate case completion is July 2021 and my conditional green card expires in May 1st, 2021. Do I need to apply to remove conditions on my card/ renew card? Thanks a lot for reading this!

Ms Grace I Gardiner
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answered on Dec 17, 2020

They will not process your naturalization until your removal of condition is finalized and generally you can only apply for the removal until 90 days before the two years are up

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2 Answers | Asked in Immigration Law for New Jersey on
Q: Can a green card holder living abroad ,petition her unmarried daughter?

My mother-in-law has not entered the US since 2014. Her daughter is unmarried over 21 years old.

Ms Grace I Gardiner
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answered on Aug 17, 2020

If your mother in law has been out of the country for four years then she is no longer a green card holder A green card would have been deemed abandoned after one year. That being the case she cannot sponsor her daughter

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2 Answers | Asked in Immigration Law for California on
Q: We submitted my husbands paper work after pardon being approved to NVC on 4/20/20. Will be be affected by proclamation?

My husband had his pardon approved last year. We submitted all documents required from NVC on 4/30/20 we received a letter on 5/22/20 with case number and the letter stated that my husbands application was now in que awaiting for immigration appointment the preference category for visa is IR1 (... View More

Ms Grace I Gardiner
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answered on Jul 20, 2020

I had one client who went to his interview at the embassy, In London he was approved but was told he had to await the lifting of The trump ban before he could enter the USA

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3 Answers | Asked in Immigration Law on
Q: International students now can be deported if school goes only online, is this still if married to an American?

Due to new regulation, international students would have to leave the country if colleges transfer to online only. I currently have a F1 visa and was wondering: would you need to leave the country as well if you're married to a US citizen?

Ms Grace I Gardiner
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answered on Jul 7, 2020

No because you have a means to avoid deportation. However you should apply for your green card as soon as possible

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2 Answers | Asked in Immigration Law on
Q: Am I a U.S citizen?

Im 18 years old and I live with my parents in Spain, I would like to claim my citizenship through birthright, when I was born my dad was an American citizen but he didn't stay in America for 5 years or more, is it then possible to claim it through my grandparent?

Ms Grace I Gardiner
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answered on Jun 27, 2020

The answer is it depends once your grandparents can prove that they have also lived here for five years beyond age 14 there are several steps that must be taken including having an interview at one of Theresa service centers when you come in

Please feel free to call with additional questions

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: For green card process through spouse. With all documents in hand, would a i-94 be required?

Very basic status. Green card through spouse (me as citizen husband) and (spouse is the person for green card) no criminal background, has daca and came to states as a B2 visitor, and has been here for years.

Have all applications in hand for process, just wanted to confirm if the specific... View More

Ms Grace I Gardiner
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answered on Jun 9, 2020

Additionally I do recommend a discussion with an immigration attorney. All I can advise is always follow the instructions given

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: I am currently stuck in the US due to the covid outbreak the borders of my country are closed. What are my options

They are reopening I am currently stuck in the US due to the coronavirus outbreak the borders of my country are closed. they are reopening this week, however the flights that were once available are being cancelled. this is very unstable and my stay is ending July 11th. I do not want to overstay on... View More

Ms Grace I Gardiner
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answered on Jun 2, 2020

Once the borders were closed you should and still could file the extension of stay and keep a copy of the filing should any issues arise in the future. Feel free to call for a consultation

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2 Answers | Asked in Immigration Law for Florida on
Q: Hello. I am an American citizen and would like to marry my girlfriend who is a foreigner.

She’s here on a tourist visa which expires next August. would it be too risky to get married and apply for the adjustment of status right away within this short time? I have to mention as well that I was previously married and filed for adjustment of status for my ex wife (which went on... View More

Ms Grace I Gardiner
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answered on Jun 2, 2020

Yes we need a bit more info regarding the previous filing. Feel free to reach out to me or any other experienced immigration attorney

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4 Answers | Asked in Immigration Law for Texas on
Q: How much should it cost to get a green card?

I am just wondering on how much the total should for a layer and the green card?

Ms Grace I Gardiner
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answered on May 29, 2020

It depends on how you entered the USA. I will need more information. It’s one price if you came in with inspection and another if you entered illegally

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