Tracie Lynn Klinke’s Answers

Tracie Lynn Klinke

Marietta Immigration Attorney.

Contributor Level 13
  1. I 485 denied third time based on discretion due to domestic violence case in 2002. What to do.

    Answered over 2 years ago.

    1. Tracie Lynn Klinke
    2. Nicolette Glazer
    3. F. J. Capriotti III
    3 lawyer answers

    I would talk with a criminal defense attorney to see if there is a way to get your domestic violence sentence modified, clarified, or if it's possible for it to go away entirely. If you can get the criminal issue cleared-up, an experienced immigration attorney may be able to help you with your status in the US.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. J 1 visa Does the 2 year home rule apply to all J 1 visas?

    Answered about 2 years ago.

    1. Alexander Joseph Segal
    2. Tracie Lynn Klinke
    3. J Charles Ferrari
    3 lawyer answers

    No, not all J-1 programs are subject to the two-year home residency requirement. It depends on 1) your program type, 2) your country of citizenship, and 3) how your program is funded. You and your employer should speak with an attorney to review your options.

    Selected as best answer

  3. I would like to protect my baby girl against the mutilation genital. can i apply for asylum after being in Atlanta for 6 years ?

    Answered about 2 years ago.

    1. Tracie Lynn Klinke
    2. Jesse Cole Kent
    2 lawyer answers

    While you can file for asylum, you will have an *extremely* difficult time winning. You have to file for asylum within one year of entering the United States. If you file afterwards, you have to either show 1) changed country conditions or 2) exceptional circumstances. Depending on where you are from, it may be difficult to show option 1. Under option 2, you should have filed for asylum right after your daughter was born in order to have a stronger case. Filing for asylum is difficult and the...

    Selected as best answer

  4. I have overstayed my visa and I'm from Atlanta going for a trip to Washington, DC by car.

    Answered over 2 years ago.

    1. Carl Michael Shusterman
    2. Tracie Lynn Klinke
    3. Ala M. Hamayel
    3 lawyer answers

    You should be fine to travel by bus since you are nowhere close to the US border. Having used Mega Bus myself, I can say that they aren't interested in your status.

    Selected as best answer

  5. Who fills out section 1 of the i-912 waiver petition form? is it the immigrant or the us citizen the petitioner?

    Answered over 1 year ago.

    1. Tracie Lynn Klinke
    2. Alexander Joseph Segal
    3. Giacomo Jacques Behar
    3 lawyer answers

    The I-912 fee waiver is filled out by the immigrant. Normally you cannot file for a fee waiver on an adjustment of status case, so make sure you're eligible before going through all of that work.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. My husband wants form I-130 reply to be mailed to his P. O. Box address because the post office is by his job. Can we do this?

    Answered over 2 years ago.

    1. Tracie Lynn Klinke
    2. J Charles Ferrari
    3. F. J. Capriotti III
    3 lawyer answers

    Yes, you can use a PO Box as the mailing address.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Parole in Place and I130

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Tracie Lynn Klinke
    3. Jeff L. Khurgel
    3 lawyer answers

    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.

    Selected as best answer

  8. Deferred action only for people in school?

    Answered over 2 years ago.

    1. Tracie Lynn Klinke
    2. Giacomo Jacques Behar
    3. Sanjay Augustine Paul
    4. F. J. Capriotti III
    4 lawyer answers

    Yes - based on what USCIS has told the public so far, it sounds as though you would meet the educational requirement for Deferred Action for Childhood Arrivals.

    Selected as best answer

  9. 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?

    Answered about 1 year ago.

    1. Alexander Joseph Segal
    2. Tracie Lynn Klinke
    3. Gunda Johanna Brost
    3 lawyer answers

    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...

    4 lawyers agreed with this answer

  10. How can i get a green card? About 4 years over stayed tourist visa and got married in USA. Have 2 kids. Thank you very much!

    Answered about 1 year ago.

    1. Carl Michael Shusterman
    2. Tracie Lynn Klinke
    3. Robert V Cornish Jr.
    4. Suzan deSeguin-Hons
    5. Kelly Lynn Ryan
    5 lawyer answers

    Thank you to your husband for his service in the Navy! In short, it sounds like you're eligible to apply for your green card. Even though you overstayed, you entered legally. As an immediate relative, that is, the spouse of a US citizen, the overstay will be forgiven. Consult with an experienced immigration attorney so they can help you navigate through this complicated area of law.

    4 lawyers agreed with this answer