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Questions Answered by Ms Grace I Gardiner
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
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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... View 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
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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?
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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... View More

1 Answer | Asked in Immigration Law for Nebraska on
Q: How long does a sposal visa take & what does it cost
Ms Grace I Gardiner
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answered on Nov 24, 2018

Recently it has been taking two to three months for a spousal visa if the spouse is in the USA otherwise it can take up to a year.

It also depends on whether waivers are needed

The cost depends on where your spouse is located and whether you need a cosponor or whether your spouse...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: My wife and kids are from Italy, but I'm American. How quickly can they become American citizens as well?
Ms Grace I Gardiner
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answered on Nov 20, 2018

For your wife you will have to apply for a green card and three years after she receives it she can apply for citizenship.

For the children if under 18 you can apply for birth abroad USA birth certificates

2 Answers | Asked in Immigration Law for Idaho on
Q: How quickly can I get a fiancée visa for my future wife who's a Japanese citizen?
Ms Grace I Gardiner
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answered on Nov 16, 2018

Right now it’s taking seven to eight months for the interview. It takes six months for the approval of the visa itself

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1 Answer | Asked in Immigration Law for Georgia on
Q: My H1B visa expired on Sept 27. I have a I-130 approved and I-485 pending. Can I still stay in USA lawfully?

I went to my interview on Sept 25 and I updated my medical form on October 22. I-485 still pending.

Ms Grace I Gardiner
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answered on Nov 14, 2018

Yes you can since you are not supposed to leave the USA without permission while the applications are pending

1 Answer | Asked in Immigration Law for Florida on
Q: Can I travel while my green card is about to expire in 5 months ?
Ms Grace I Gardiner
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answered on Nov 14, 2018

Yes you can travel provided that you trip is less than the five months

2 Answers | Asked in Immigration Law for Texas on
Q: Can a US citizen sponsor someone to become a citizen so they can get the process going?

I know a young man who was deported because he said he had family in the US and he did not. Once they found him he was deported. Can I assist/sponsor him so he can be here and work here legally?

Ms Grace I Gardiner
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answered on Nov 7, 2018

US citizens can only sponsor spouses, children and step children under age 18 and parents.

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2 Answers | Asked in Criminal Law and Immigration Law for Texas on
Q: Can an illegal person who's in trouble with the law pay the full bond amount and be release even with a immigration hold
Ms Grace I Gardiner
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answered on Nov 4, 2018

With an immigration hold it does not make sense paying your criminal bond. You will not be released

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3 Answers | Asked in Immigration Law for New York on
Q: What can i do if i dont have the date my dad became a citizen when im filling for citizenship.

My dad and i dont really talk no more he doesn't want to give me this information. What else can i do?

Ms Grace I Gardiner
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answered on Nov 3, 2018

If your dad filed for you after he became a citizen you can apply for a copy of your immigration file and see if the information is in it. The alternative is to put unknown as to the date. If you are a citizen by right immigration might let you know

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2 Answers | Asked in Immigration Law for Iowa on
Q: Is it safe to travel with expired conditional greencard and the receipt that indicates my status is extended for 18 mo.?

Removing conditions on greencard now is taking longer, I have received two receipts that has renewed my status but not my card. My greencard is based on marriage, I want to travel to Iran to visit my family but am scared because I am not sure if the airports recognize the receipt!?

We also... View More

Ms Grace I Gardiner
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answered on Nov 3, 2018

Yes you can travel with you expired green card and receipts but under the current conditions I would not risk traveling to Iran unless it was absolutely necessary

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3 Answers | Asked in Employment Law and Immigration Law for New York on
Q: Should I fill form I-765 as part of my green card process if I'm on an L-1 Visa but can't depend on my current employer?

I'm currently in the US on an L-1 Visa. I married my long time girlfriend who's an american citizen and we're about to start with my green card process. I see that normally I wouldn't need to fill out form I-765, but it seems that I might not be able to depend on my current... View More

Ms Grace I Gardiner
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answered on Nov 3, 2018

When you are applying for your green card always include the I765 application it does not cost you extra and if things should go wrong with your L1 sponsor you will be protected and be able to work for any one else

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1 Answer | Asked in Immigration Law for Florida on
Q: If a child is born in Haiti and the parents were unmarried how we obtain proof of the mother's full custody? 8 USC 1432

The mother acquired citizenship in 1999, when the applicant was 17 years old. The birth certificate lists the father's name but there is no way to contact him and he never had any custody of the applicant when he was a minor. However, there are no court records proving this.

Ms Grace I Gardiner
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answered on Nov 1, 2018

This question needs further inquiry. Please feel free to call me at 9543200319

3 Answers | Asked in Immigration Law for Georgia on
Q: is a US passport enough as proof of citizenship. My joint sponsor lost his naturalization certificate?

My joint sponsor became a citizen through naturalization. He is unable to find the certificate but does have a US passport. He is ex military. I don’t want my case to be denied. Is is ok to use his passport as proof of US citizenship?

Ms Grace I Gardiner
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answered on Nov 1, 2018

Yes your joint sponsor can use his us passport as proof of citizenship once it is not expired

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: I divorced in US but still married in RF. Do I need to provide decree of separation from RF to apply for citizenship?

The marriage in RF is still valid as the divorce did not take place de jure yet. Will this have any implications on my citizenship application in US? Or do I have to get divorced in Russian Federation as well in order to apply? I am legally divorced in US.

Ms Grace I Gardiner
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answered on Nov 1, 2018

US government will give full faith and credit to your USA divorce. You can submit it with your US citizenship application

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1 Answer | Asked in Immigration Law for California on
Q: Can I ask u question? I got temporary green card stamp expired in one year ,I stayed over more then six year in overseas

Since I got stamp in 2001, am I eligible to file form i-90 replacement green card?

Please reply me

Thanks

Ms Grace I Gardiner
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answered on Oct 31, 2018

You are not eligible to apply for an I-90 because you have been deemed to have abandoned your green card

1 Answer | Asked in Immigration Law for Maryland on
Q: Can the I130 form for my dad be approved and he moves to the US although he has Alzheimer and unable to speak or walk?
Ms Grace I Gardiner
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answered on Oct 31, 2018

Yes it can be approved but he has to have a visitor visa to enter the USA. Apptoval of the I-130 does not give him status. I need additional information to advise.

1 Answer | Asked in Immigration Law for Nebraska on
Q: N-400 denied because of failure to establish the residence requirement. Appeal?

My uncle has been a permanent resident for 14 years. During the last 5 years, he has lived in US for more than 2.5 years to meet the citizenship requirement (he has been in US for about 7 months every year ). He has filed his taxes every year but he never had a job or house in US (he lives with his... View More

Ms Grace I Gardiner
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answered on Oct 31, 2018

Unless you have additional documents to prove otherwise it does not make sense appealing. He needed to be present in the USA for 18 months before applying. Every time he stayed out more than 180 days before returning you had to start counting towards the five year presence

2 Answers | Asked in Immigration Law for Georgia on
Q: Does my fiance automatically become a US citizen once we're married?
Ms Grace I Gardiner
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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

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