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Grace Ruth Kennedy

Grace Kennedy’s Answers

15 total


  • Need to file suit against CPS/DSHS to overturn an illegal adoption of a Federally Recognized tribal child to illegal immigrant.

    Child is now 18 and has many questions regarding her illegal adoption to a mexican immigrant and why she was taken violently from her biological mother who is a Federally Recognized enrolled tribal member and child was enrolled expeditely to preve...

    Grace’s Answer

    To overturn an adoption, you will need to find a lawyer in the state that issued the adoption to decree to determine if the law relating to adoption of tribal children was indeed broken.

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  • Trying to figure out if adoption is possible for my 15 yr old step brother currently residing with me on an expired tourist visa

    He turned 15 on Sept 15th 2013 and I was told that less than a year is not enough time to petition adoption ... is this true? Also because he is now here on an expired tourism visa, if adoption is possible, will it be possible for him to get an im...

    Grace’s Answer

    Based on the information you supplied, it looks like you will have to comply with the terms of the Hague Convention. It might be a better idea to amend the guardianship order and obtain Special Immigrant Juvenile Status.

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  • Trying to adopt a minor from Brazil already residing in the US...since Brazil is Hague Convention, what restrictions apply?

    Looking into adopting a minor who is illegally residing in the US. We currently have legal guardianship which allowed us to enroll him in school. However, he came in April of this year on a tourist visa which just expired. Both parents are alive a...

    Grace’s Answer

    Why don't you consider applying for Special Immigrant Juvenile Status? This will allow him to obtain a green card without having to return to Brazil or obtain a residency letter from Brazil.

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  • What does this mean and how long could it take? Im a us citizen and this is for my husband

    On February 27,2013,we mailed you a notice that we certified our approval of this case and sent it to the appropriate appellate body for review. They will notify you directly when they make a final decision.

    Grace’s Answer

    Your question doesn't contain the detail we need to answer this question. We need to know what you filed and where and why your husband's case would be in an appelate body (for example the AAO).

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  • What is the quickest way for my fiance to get his residency in Texas?

    I am 20 years old and have been dating my boyfriend for 5 years.He is 23 years old and lives in Mexico and we have a daughter who is a US citizen. We really want to get married but are unsure of the requisites for him to become a legal resident in...

    Grace’s Answer

    Assuming your boyfriend has no unlawful presence in the US or other statutory bars, you should marry him in Mexico and then file an I-130 petition. He will be interviewed at the consulate in Mexico in about a year.

    Although you also have the option of applying for a Fiance visa, this will take approximately the same amount of time and you will be required to complete additional steps once your boyfriend arrives in the US.

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  • Do i have to appear before a judge to petition my son ?

    I am a green card holder and i want to petition my 3 years son is it inevitable to appear before a judge or its just paper procedures ?

    Grace’s Answer

    As long as your son is not in immigration proceedings, you will not need to appear before an immigration judge. it's not clear from your answer where your son is. Typically the process for apply for a child will be the filing of an I-130 followed by an interview at the embassy (if your son is in a foreign country or is here without status) or you may be able to file an I-130 and then apply for adjustment of status (if your son is here legally). You should contact an immigration lawyer to take care of this for you.

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  • Is it OK to still be under your us spouses health insurance while your status has expired and in the process of filing i - 751

    just want to make sure we are not doing anything wrong we are not familiar with theses issues but want to make sure , we have also been filing jointly for our taxes since we are married although my status has expired and we are in process of bein...

    Grace’s Answer

    The tax laws and immigration laws of the United States are completely seperate. You should consult with a tax professional who can advise you how to file your tax returns if you are married.

    In order to obtain an I-751 approval, you must show your marriage was entered into in good faith. USCIS will typically want to see joint documents however; there is no one specific document which is required for approval.

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  • H-4 COS - time taken for I-797-A and new i-94

    Hi, I was on L-2. I had applied for COS from L-2 to H-4. My H-4 got approved and I received the I-797-C ( approval notice) with an approval till 2015. How long will it take for the I-797-A and my new I-94 to come ? Also the I-797-C was sent...

    Grace’s Answer

    • Selected as best answer

    You should get your new I-94 within 6 weeks of approval (it usually arrives within a couple of weeks of the approval). It should come to your home address and your attorney should get a copy. If you still haven't gotten it within 6 weeks, you should have your attorney contact USCIS to request a status update.

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  • Can an illegal immigrant in GA still be deported if he has an ICE hold , but agreed to take a plea deal .

    My spouse is currently incarcerated in Clayton county GA , for violation of GA controlled substance act . He was the passenger in a vehicle that was stopped for routine traffic violation , but resulted in a search , where a small amount of met...

    Grace’s Answer

    Your husband is in a very difficult position. Your urgently need to hire (1) and immigration attorney in Atlanta that practices removal defense and (2) a criminal attorney who is extremely familiar with immigration law. Your immigration lawyer will be able to refer you to a good criminal attorney.

    Your spouse should not take any action without speaking to both attorneys first. A controlled substance convictions, no matter how minor, may result in your husband being permanently barred from the United States.

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  • Hi how long does it take to get Green Card once you entered on IRE visa . Also i need to go back to my country after two months

    Will be possible to do that going back home . Currently my family is with me in Africa do i need to travel with them for any application for My C . Please advice

    Grace’s Answer

    It sounds like you entered in an immediate relaitve visa (IR visa), which means you may be a lawful permanent resident already. It takes 12 weeks or so to get a physical green card in the mail however; you may be able to travel now if you are in fact a lawful permanent resident. You need to contact an immigration lawyer who can look at the visa stamp in your passport, determine your status and then advise you accurately as to when and if you can travel.

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