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Questions Answered by Ms Grace I Gardiner
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
Ms Grace I Gardiner 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...
Read more »

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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
Ms Grace I Gardiner 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... Read 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
Ms Grace I Gardiner 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
Ms Grace I Gardiner 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 (... Read more »

Ms Grace I Gardiner
Ms Grace I Gardiner 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
Ms Grace I Gardiner 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
Ms Grace I Gardiner 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... Read more »

Ms Grace I Gardiner
Ms Grace I Gardiner 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... Read more »

Ms Grace I Gardiner
Ms Grace I Gardiner 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... Read more »

Ms Grace I Gardiner
Ms Grace I Gardiner 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
Ms Grace I Gardiner 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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3 Answers | Asked in Immigration Law for Tennessee on
Q: i have a green card, i would like to marry my wife and have her live with me in the usa while waiting on her papers

id ike to know if it is possible, and yes she has a visa

Ms Grace I Gardiner
Ms Grace I Gardiner answered on Mar 6, 2020

Because you are a non-citizen your wife is no allowed to stay during the green card process. She can come and visit for five months. It should take a year or more for the card to be issued

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1 Answer | Asked in Immigration Law for Tennessee on
Q: how do i earn my green card
Ms Grace I Gardiner
Ms Grace I Gardiner answered on Mar 5, 2020

You can earn your green card several ways . The main ones are through

Employment

Investment

Marriage

Self petition through VAWA or National interest waiver.

You should call an immigration attorney to discuss your particular option

1 Answer | Asked in DUI / DWI and Immigration Law for Washington on
Q: I have two DUIs and one of them is pending. Can I apply for US citizenship?
Ms Grace I Gardiner
Ms Grace I Gardiner answered on Feb 6, 2020

I suggest you do not. Wait at least five years after the most recent DUI is settled. Speak with a criminal law attorney and see if it is possible to amend it to something else. It is possible that two dui can affect your status so arrange a consultation with an immigration attorney in your area

3 Answers | Asked in Immigration Law for Massachusetts on
Q: Hello, I want to bring my fiancé of 2 years from Ethiopia to Boston so we can get married and would like so assistance.

I've known her since 2011 and have visited her and her family many times. We have been engaged for 2 years and I want her to come to Boston so we can get married and I want her to stay with me in Boston. What is the best way to get this done?

Ms Grace I Gardiner
Ms Grace I Gardiner answered on Jan 13, 2020

You can file a fiancé visa and once she arrives you can get married within 90 days and then apply for the green card

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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

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