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Tracie Lynn Klinke

Tracie Klinke’s Answers

331 total


  • If my family apply medicaid, will it affect my family to get citizenship in the future?

    our family income is in lower income level. We have green card, now. If our family now apply for medicaid, will it affect my family to apply citizenship in the future? We didn't need healthcare, now, but allowing to the law we have to have healthc...

    Tracie’s Answer

    Why do you need healthcare for 2013? If this related to the Affordable Health Care Act? Make sure you truly need it before you purchase anything - the regulations in this area seem to be changing pretty quickly.
    Generally, if the person applying for citizenship (not the kids not the spouse) has applied for a public benefit, like Medicaid, it could be an issue for naturalization. If would be better if you could obtain citizenship before getting Medicaid,

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  • My husband just found out that his divorce was not finalized. How will this affect my situation as an immigrant?

    I came to the US thru a CR1 visa. Our marriage is in good faith; it is just unfortunate to know that his divorce wasn't finalized.

    Tracie’s Answer

    Well, there are a few options and you'll probably want to talk to a family law attorney, since marriage laws vary from state to state. In some places, as long as the marriage to the other wife is now terminated, you marriage would be considered automatically valid from the date that it happened. In some other places, you'll need to get remarried to your husband.
    You won't need to disclose anything to USCIS until it comes time to remove the conditions on your green card - and you'll certainly want to tell the truth about your husband's first marriage on the applications. It'd be a very good idea to talk to an experienced immigration attorney to walk you through this complicated situation.

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  • F1 to H4 status

    I am currently working in USA, under valid H1 Visa. My wife is F1 student.. She want to change her status to H4. Can she quit immediately after we submit the application form to USCIS or she need wait for application approval ?

    Tracie’s Answer

    Although some might say I'm too cautious, I always recommend keeping your current status in play until you have the new one approved. Too many things can go wrong and absolutely nothing is guaranteed in immigration law. If the COS to H-4 were denied and your wife had already given up her F-1 status, she may have put herself into a very tight corner and not have any options for remaining in the US. While many, many COS applications go through without problems, I'd hate to see anyone's family hurt by a mistake.

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  • Can I apply for citizenship after 3 yrs. of residency and divorced by my US citizen spouse?

    Can I apply for citizenship after 3 yrs. of residency and divorced by my US citizen spouse?

    Tracie’s Answer

    You'll need to wait the full five years since you are now divorced.

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  • Can I move if I have a job in a different state while asylum is in court?

    I applied for asylum back in 2011 and its referred to the San Francisco Immigration court. I applied my asylum in California where I am currently living. I have a job offer from North Carolina. Can I move still leaving my case in San Francisco Imm...

    Tracie’s Answer

    You should ask to move your asylum case to your new city. However, not every Immigration Court will allow the case to be transferred, but you should at least try. Certainly let the court know your new address so you'll be sure to get any updated hearing information. Best of luck!

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  • What is the time for my Citizenship interview?

    Hello I apply N-400 at April 2013 at Dallas,TX office.and last month i mean middle of june i called for fingerprint.and i did that.now i want to know how many days it will take to face for citizenship interview?what is the approx time from thi...

    Tracie’s Answer

    Every office is different how long it takes to get scheduled for an interview. However, I believe the average national time is about six months. So that means six months from the time of filing, you should have your interview. There's really no hard rule, but if it gets to be eight or nine months, you may want to check at an InfoPass appointment. But, honestly, this is one of those situations where you may have to be patient.

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  • Can appealing an immigration bond get it lowered?

    My fiancé is in baker county facility ice hold for his first dui. He is illegal from mexico. His bond is 7,500. At the current time. He goes to court in a week to appeal his bond to get it lowered. Will the judge lower it or not?

    Tracie’s Answer

    Generally, no. You'd have to show very compelling circumstances why it should be lowered, like emergency medical expenses.

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  • My I-94 will expire on this month and as I can see it, my fiance has no plan of being married. Is there any way that I can stay?

    I came here legally, with a fiance visa and my I-94 will expire this month. My fiance told me he's not ready to be married. Is there any way that I can still stay here legally? Is there any law that protects women from experiencing this?

    Tracie’s Answer

    Generally speaking, without being married, there is no protection in a situation like this. There may be ways to stay in the US with an extension or change of status (for example, becoming a student). If you are serious about staying in the US, you'll want to meet with an attorney for an in-depth conversation so you can explore all possible options. If you stay past the I-94 expiration date, you'll be running a huge risk, so either have a plan in place or leave the US by that date.

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  • I have been married for 7 years. Spouse always find some excuse for not filing papers. Came here legally.

    Came here on a tourist visa. I have no record and have 3 boys who are citizens. What should I do?

    Tracie’s Answer

    It depends. If there has been abuse or extreme cruelty, there might be a way to petition for status without your husband. If any of your children are over age 21, they could also file a petition for you. There may be other options, but you'll want to talk to an experienced immigration attorney who can go over your history in detail.

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  • I have a friend whos been illegal resident for more than 10 years.

    Is there a way to convert his status, like maybe a way to apply for a permanent residency?

    Tracie’s Answer

    Maybe. As the other attorneys say, there are a variety of other factors that need to be considered: family ties, criminal history, way he entered the U.S., country conditions at home, etc...If your friend really wants to know what options are available, he should meet with an experienced immigration attorney to go over his entire history to see if anything can be done. Good luck!

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