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Kira Gagarin

Kira Gagarin’s Answers

915 total


  • Unlawful Presence, DACA, and Under 18

    I turned 18 in December 2015. I received DACA since 2013. I am traveling abroad on educational trip in March and have received Advance Parole. I have read that children under 18 do not accumulate unlawful presence. When I return from my trip, ...

    Kira’s Answer

    It may be, though not as a student. As an 18 year old you may have some options - even without traveling on advanced parole. It depends on other circumstances. And yes, you are correct, you do not accumulate unlawful presence under 18. Think about making an appointment with an immigration attorney to discuss possible options. Good luck.

    Boston and Framingham Locations.

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  • Do I keep my original I-130 priority date?

    I have an approved I-130 petition with a 2012 priority date(married to a US citizen). We were not able to file for AOS , I-485 back in 2012 but now we can. Does that mean that my case will processed faster or earlier than a new AOS/I-130 appli...

    Kira’s Answer

    You do not need a priority date as you are the spouse of a US Citizen. Was your husband an LPR when you both filed your I-130? Think about speaking with an immigration attorney to understand your options. Good Luck.

    Boston and Framingham Locations

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  • Abuse & I 751 & divorce ??

    My conditional green card will expire in March , and already I applied by my self to get the 10 years one , because I have an abuse case with my husband, and already they sent me the date of finger prints and I did that , also the extension of my ...

    Kira’s Answer

    If this is denied your conditional status is taken away and you are sent to deportation Court. I suggest that if you want to have a good opportunity of avoiding that and getting this approved at this step you hire an attorney to guide you. It is a complicated process and not to be taken lightly. You will likely have an interview next and you want to be prepared. It can take several years. Good Luck.

    Boston and Framingham Locations

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  • Can I apply for green card with a B-2 visa? Can I change my status legally?

    Hi, I just entered into U.S. with a B-2 visa. I am married to an American citizen for three years. Due to my J-1 requirement, I waited for almost three years to be back and since now my J-1 two years requirement is finished up. Can I apply for gre...

    Kira’s Answer

    It seems that your spouse may be able to petition for your green card. Think about making an appointment to discuss the process and your options. Good luck.

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  • New Bill so what should I do?

    My wife and I got married pretty close to the time I arrived to the US on a visitor's visa. We had been together for over 3 years and in my country, getting married to a woman (gay marriage) is not legal and definitely frowned upon. So we got marr...

    Kira’s Answer

    I agree with my colleagues that adjustment of status seems like the way to go here. Think about working with an attorney, especially since you married so close to coming in on a tourist visa. Good luck.

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  • Do you need a sponsor, other than the spouse, when filing an Immigration Petition for an Alien Spouse of a U.S. Citizen?

    My friend is married to a US citizen and her yearly income is around $15,000. He asked me to file a affidavit of support form I-134, to sponsor him to join his wife in the US. He's concerned that because her income is low her immigration petition ...

    Kira’s Answer

    It seems like he does not make enough to be her only sponsor and will need a joint sponsor. The joint sponsor needs to be a lawful resident or citizen of the United States.

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  • F1 denied/ Overstayed my b1/b2 visa/ married to a permanent resident

    I entered the USA with a b1/b2 visa. I filled the form i539 to become a student. They denied it and ask me to leave because I overstayed ( actually 5 months). I overstayed because I was pending, if I left the country my application would have been...

    Kira’s Answer

    These are all good questions and I suggest you make an appointment with an immigration attorney to fully understand all of your options. It is, of course, not recommendable to overstay your visa. Before making any decisions you need to understand the consequences of leaving the United States right now, if any, and what that would mean for your future return (3 and 10 year bans). This is a long conversation and there is a lot to go over. Now, before reaching 6 months of overstay, is a good time to make that appointment to discuss. Good Luck.

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  • I need to file I-751 however I and my wife live at separate places. I am not sure how big of an issue would it be?

    My wife moved back to her parents place in NY since she found work related to her field and also she wanted to get NY teaching certification which is accepted throughout the country. It was a strategic decision by us since I was starting school at...

    Kira’s Answer

    There is no formula for these and people have all sorts of circumstances. No one factor will make or break your case - though living at different addresses does usually create heightened scrutiny of your case. That being said, it happens. I suggest working with an attorney to present the best application you can and be ready for an interview. Good luck.

    Boston and Framingham Locations

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  • I'm currently on TPS, and I have a pending Asylum case, planning to get married soon, will asylum affect my marriage?

    I’m a Syrian citizen, I’ve been in the US since Sep/2013, I’m currently on TPS. However; I have a pending asylum case since March 2013, and I have not heard anything back from USCIS since. I live in MA, and although an Asylum office has opened rec...

    Kira’s Answer

    Your marriage will not affect your asylum case and asylum won't affect her immigration status. You can probably adjust status based on your marriage to a US Citizen and that can be an option to consider. Asylum cases are taking a long time, as you know. Think about scheduling a consultation to discuss your options. Good luck.

    Boston and Framingham Locations.

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  • Can I sponser my 2 year boyfriend who I've been living with for a year through a heterosexual domestic partnership?

    He's been here 4 years and came legally on a 3 month visa and just never left

    Kira’s Answer

    You can not petition a boyfriend or girlfriend. The person has to be your legal spouse. Think about making a consultation to discuss your options. Good luck!

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