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Tracie Lynn Klinke

Tracie Klinke’s Answers

331 total


  • Requirements in filing for I-130

    I am going to file petition for my unmarried 17 year old son on the Philippines. He was a k2 visa holder, went to visit us here when he was 16, then went back to PH after a month. My husband(USC) will petition him. Based on the answer that the o...

    Tracie’s Answer

    The I-130 will work if you and your husband were married before your son was 16. Once the I-130 is approved, your son will start the process of consular processing for his immigrant visa. Cases from the Philippines are being processed faster, but you're probably still looking at about a year before your son can come to the United States.

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  • I voted before i went for my citizenship interview,i was denied citizenship about ten years ago can i reapply for my citizenship

    I WAS MARRIED TO US CITIZEN AT THE TIME I VOTED.

    Tracie’s Answer

    You may be able to. The Atlanta Field Office has granted citizenship for people who voted without understanding that it was illegal for them to do so. A lot depends on the circumstances and the type of proof you have to show you did not have a malicious intent. Schedule an appointment with a local attorney, bring the original N-400 denial, and maybe something good can be done.

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  • If I got married in a good faith,got my temporary residence card

    But my relation didn't work out and now my wife wants to divorce and I don't have my permanent card what can I do? Please help

    Tracie’s Answer

    I'm so sorry to hear about your relationship coming to an end. USCIS has a way for you to continue your lawful permanent residence status, though. You'll still need to file the I-751 (after the divorce is finalized) and demonstrate that your marriage was truly legitimate. You'll have higher standards since you'll be divorced, but it's certainly not impossible.

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  • Do USCIS approve, when my case is not current?

    I got RFE for GC and responded back with all required documents before my case became unavailable (before EB2 India retrogress). I contacted local senator office, they said Immigration officer will look my case and take a decision in next week. I ...

    Tracie’s Answer

    Visa numbers have to be available at the time the decision is made. So, if numbers retrogressed beyond your priority date for December, your case cannot get approved this month.

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  • Transfering i-751 to CALIfornia from Vermont, will affect my old case?

    I was married in CA 1998 and recived work permit, for a couple of years. and then when it comes to interview, after 3yrs, i could not go because we had a proble. I recived a notice saying that because did not show up for interview, my case is clos...

    Tracie’s Answer

    You only have one immigration file - so everything you've filed before will be there for an adjudcating officer to see with your new case. I think the transfer was simply an allocation of resources and there's nothing in particular to be concerned about.

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  • When I130 is approved, do I need to travel to spouse's country for interview?

    I have filed for both K3 (I129F) visa and I130; it seems to me that the I130 would get approved first. I would like to know whether this would require that I take a trip overseas in order for my spouse to get a visa. What is the procedure in that ...

    Tracie’s Answer

    No - if the I-130 is approved, there will be no need for you to appear overseas for the immigrant visa interview.

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  • What happens if my asylum is denied by an IJ?

    I have a 5 year visa to the USA, what happens if my asylum petition is denied by IJ? Am I barred from entering the USA again?

    Tracie’s Answer

    It depends. If you've overstayed the time based on your I-94, you'll likely face an unlawful presence bar if you try to return. The bar wouldn't be from the asylum denial, but from the fact that you were in the US without permission for a certain amount of time. If your asylum case was recently denied, you have the right to appeal, but it must be done within 30 days of the decision.

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  • Parole in Place and I130

    I130 was just approved for my wife who is in US without inspection. Plan was to file stateside waiver. I just learned of parole in place memo stating that spouses of US veterans also qualify. I am a veteran. Would my wife be able to apply for pip?...

    Tracie’s Answer

    • Selected as best answer

    Yes! I am so excited by the PIP policy memo. You could go ahead and apply for PIP without it hindering her current process, much. Most USCIS offices decide PIP within a month, so you'd not be delaying her case by much. You'd just hold off on paying the NVC and starting the consular processing while you wait for the PIP decision. If it comes back approved, you'll be set to file for adjustment of status here in the US. And, if it's denied for any reason, you can always continue as originally planned.

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  • Can asylee return to his homeland of persecution ?

    I am an asylee I have emergency case to return homeland which is already in good situation will I be rejected if I re-enter united states ? Is it concerned whether that I used My country Passport or Refugee travel document ? Thank you so much.

    Tracie’s Answer

    It is VERY RISKY to go back to your home country before you are a US citizen. You could very easily lose your asylum status when you try to re-enter the United States. If at all possible, arrange a meeting in a third-country. Every situation, though, is unique, so it would be a very good idea to talk with an immigration attorney to explain your need to travel and how your goals might be best accomplished.

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  • How long it takes to get a first response from USCIS?

    On November 8 my wife sent the Application for Naturalization. Until today we have not recibe any response from USCIS . Do you have an idea of how long we have to wait??

    Tracie’s Answer

    It usually takes about a month to get a receipt notice back. If you paid with a check, see if the check was cashed (and get a copy of the cashed check - the receipt number will be on the back of the check). If you haven't heard anything by mid-December, you may want to call the National Customer Service Center number and ask for advice. Good luck!

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