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Tracie Lynn Klinke

Tracie Klinke’s Answers

331 total


  • 1) Do I get any trouble for applying for citizenship? 2) If my case will be deny, do I will be deported from U.S?

    Hi my name is Alfonso. I am living in Glendale, California. I have green card and I am permanent resident of U.S almost for more that 5 years. I got arrested in 2011 for domestic battery for slapping my X-girlfriend's face, but case rejected and I...

    Tracie’s Answer

    Hi Alfonso . Every office is a little different on how they interpret the Good Moral Character standard for naturalization. So definitely talk with a local attorney - your ability to stay in the US is worth it. Since no criminal charges were filed, you should be okay. However, the arrest - just the arrest - would potentially go against your GMC. To be completely safe, you may want to wait five years from the time of your arrest to the time you apply for naturalization. If your naturalization case is denied, you will be able to keep your lawful permanent resident status.

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  • Prosecutorial discretion My case was granted but i didn't get any papers, if i leave the country can i comeback?

    My case was granted but i didn't get any papers, if i leave the country can i comeback?

    Tracie’s Answer

    No. The prosecutorial discretion only cancelled the removal/deportation case against you. If you leave the US, you'll not only not be able to legally return, but you'll potentially trigger additional bars of inadmissibility, such as unlawful presence.

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  • Green Card Processing

    I submitted a GC application based on asylum grant in 2012 . I made sure to file everything with precision, nothing is missing, did my biometrics, paid all the fees. My application is still in acceptance since October 2013 with TSC. Processing tim...

    Tracie’s Answer

    I know the wait is frustrating! It looks like it's only taking four months for green card applications to get through the Texas Service Center, so are you are certainly past due for action. Sometimes cases get caught in a background check or other type of investigation - and in those circumstances there is very little that can be done to move the case along. I would keep calling the National Customer Service hotline to check on your case. You could hire an immigration attorney to sue the government to ask, but that's definitely a drastic move.

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  • Immigration reform for GC spouse

    Is there any chance that a piecemeal immigration bill will pass this year to enable a GC holder to bring his/her spouse without waiting for priority dates to become current ? If not this year, when should I expect it to pass ? ...

    Tracie’s Answer

    I remain optimistic for some type of reform, but it's anyone's guess. As for priority dates, my guess would be that they would allocate more visa numbers to clear out the backlog and need for the visa bulletin. But, truly, that's only a guess and an optimistic hope.

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  • Need Help! Mixed Information Given By Immigration Court Information System

    After finishing my asylum interview months ago, I've been calling the immigration court info system 8008987180 from time to time, just to check if my case is referred to court, which is a sign of the asylum interview outcome. I was surprised to be...

    Tracie’s Answer

    The EOIR 1-800 number has been down for about a week, so it's possible there were tech issues with your case and the system. As the other attorney stated, you have to receive a written notice. The letter would contain the asylum referral decision and the Notice to Appear placing you in removal proceedings. Keep checking with the court - calling them directly, if necessary.

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  • Do we need to submit original copies of supporting documents to the NVC

    I am petitioning for my spouse to come and join me from Nigeria and we have been asked to submit supporting documents to the NVC. Now I need to to know if we can submit copies as he has scanned all documents to me and I would like to post them to ...

    Tracie’s Answer

    The National Visa Center is adamant about wanting/needing originals. If you only submit copies, the case will be delayed because they'll reject them. He needs to send you the originals so you can submit them to the NVC. When he goes for the interview, they should be returned to him.

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  • Adjustment of status or consular processing ?

    I am a Canadian Citizen and my wife is a US citizen we have been married for 5 years, and living in Canada. We have a daughter 6 months old, who is not adjusting well with the weather here... We are looking for jobs in US and might land on one...

    Tracie’s Answer

    If you are truly intending on moving to the United States, going through consular process in Canada is the right way to do it. Right now, the longest part of the process is getting the I-130 adjudicated. However, USCIS is working on speeding up those cases. If you're interested in coming to the US, I'd get started on the I-130 as quickly as possible.

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  • Is the green card holder, who get an approval for asylum, is able to bring his family members (wife and kids) directly?

    is the green card holder, who previously get an approval for asylum, is able to bring his family members (wife and kids) as soon as he he get the green card ? or there is a waiting time?

    Tracie’s Answer

    If your asylum grant was less than two years ago, you can file the I-730 to have your family join you in the United States. However, if it's been longer than that, you will have to help them in two steps. The first is by filing the I-130. Then you will need to see when a visa number becomes available for your family members. The priority date is established by the date you filed the I-130.
    Best of luck!

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  • Effects of previous marriages on I-130

    Good day to you, My husband usually visit the us regularly from he was 17 years old. He met someone when he was about 21 while visiting and they got married, he obtained a green card. They were married for about 5 years and they got a divorce. H...

    Tracie’s Answer

    Hi Kim,
    The second marriage - was that to a US citizen or to a foreign national? The first marriage isn't worrisome - there was a child and they were married a considerable amount of time. If the second marriage was to a foreign national, it is very possible that your marriage will probably be looked at with more scrutiny. That simply means you have to show a lot of evidence to establish the bona fides of your current relationship. If there are any doubts to the relationship, the petitioner will receive a Request for Evidence asking for more information - it won't be denied after just an initial review.
    Best of luck!

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  • I am a USC. Can my wife become LPR if she entered without inspection?

    Hello, I recently became a U. S. Citizen. My wife entered without inspection in 1992 at the age of 8. She has not been back to her home country and has been here since then. She has a clean record. She graduated from high school and went to colle...

    Tracie’s Answer

    You've clearly done your research! I would actually recommend doing both. DACA would protect her for two years and she would have a work card. The process for a waiver and consular processing will take a minimum of 18 months. Without knowing more, it does appear that she'll need to go abroad to obtain her immigrant visa.
    For the waiver and consular process, most all of that time she will be in the US waiting. Why not have DACA so she can live without worry while waiting for the interview in her home country?

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