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William Gary Gerstein

William Gerstein’s Answers

30 total

  • Wife overstayed her tourist VISA can she get green card?

    I met my wife while she was here on a tourist visa. We stated dating and long story short she was supposed to return to her country over a year ago when her visa ran out (she never got an extension) and I guess that means she's here illegally. R...

    William’s Answer

    She is eligible so long as you're a US citizen and she entered legally (except as a crewman). INS is now called USCIS.

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  • Question about approved I-130 with current status F1 visa.

    I have a question about approved I-130. My father is Permanent Resident and filed I-130 for me (unmarried son over 21) in July 2013. I am currently in US with F1 visa. I received I-797 approval notice on October 2013. I went to USCIS office and th...

    William’s Answer

    Your priority date is not current. If you're in the US legally when the priority date does become current, then you can file these forms. Until then, it's not possible. Has your father applied for naturalization?

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  • Will there be complications on my green card process?

    I am on F1 Student Visa. I met my husband on 2010 and got married on 2011. My husband got his green card through marrying citizen. He got his green card on 2009 and got divorced on 2010. He got his citizenship last month (May 2013). Now, we are p...

    William’s Answer

    As long as both marriages are/were legitimate (true marriage for love and living together) then you should proceed.

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  • Can I apply for citizenship through marriage if I am now married to another American citizen?

    I am a Permanent Resident of the US for the last 3 1/2 years, I got the status through marriage. My ex husband and I divorced shortly after I received my Permanent Resident card. I got married again, and my current husband is also an American citi...

    William’s Answer

    As long as you're married to and living with your 2nd husband, who is a USC, you can apply now.

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  • Can i apply for an i 130 form for my son and husband if we all are outside us? Do i need two separate applications? I have gc

    I have a green card and i want to apply for my family to come back with me using the i130 form.can we all do it from here until the visa nr is available and than go to the us and start the change of status process?thank you

    William’s Answer

    You can file for both on the same form as long as you're not a US citizen. When the priority date is current, you'll need to take steps to establish or re-establish domicile in the US.

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  • Until when can I get my H4 visa extended?

    I turn 21 in December 2014 and 22 in December 2015 (obviously). Can i get a H4 visa until 2015 or 2014??

    William’s Answer

    You can get it up until the date that you turn 21. However, you should make your extension application separate from anyone else, such as the other H-4 parent so as not to limit their stay.

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  • Husbands citizenship is delayed because someone wrote a letter to INS with lies about our marriage. Should we hire a lawyer?

    We believe the letter was written to INS approximately two years ago. All we know is someone blames us for bad events in his life, and wrote lies to INS about us. Just learned of it recently during citizenship interview.

    William’s Answer

    They will have to confront you with any negative information that they receive and you'll have a chance to reply.

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  • Change status to Student Visa to I-130? Thank you

    My husband is a U.S. resident, and he has made the application for the naturalization last week. My son and I are on a visa F-1, F-2, since we entered the country We have never been illegal. We are going to apply for our residence I-130 this week ...

    William’s Answer

    I would not take any steps regarding losing the student status until he becomes a US citizen and then he can file for you both.

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  • Good day, Im a US citizen, that would like to claim the citizenship of my 1 year old daughter, born in the UK

    I was born in Oklahoma in 1965 and I have 3 daughters, 6 year old (born in Miami, already US citizen by birth), 4 year old born in the UK which we already proof that I lived in US territory for more that 5 years. At this time we presented bank sta...

    William’s Answer

    You should only have to show proof that you are a US citizen. What more did they ask for?

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  • My questions is how can i do an appeal for immigration

    Around in 2006 & 2007 my fiance was hold by immigration but he saw an judge and got a laywer.my fiance paid immigration $3000 which the judge granted but now on Monday ICE came by and saw him outside and said he has an order for deportation so no...

    William’s Answer

    It sounds like there was an order of deportation. We'd have to get the facts to see if we can have the case reopened. Did he come to the US legally? Are you a US citizen?

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