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Kristina A. Gasson

Kristina Gasson’s Answers

255 total


  • Visa appointment went smooth but put on administrative processing!?

    My husband had his immigrant visa appt last month in Sanaa Yemen all went well no documention missing or not enough also was asked only 4 questions which he answered quick and truthfully, at the end of the interview the consular officer said Every...

    Kristina’s Answer

    I'd follow up in about 2 months or so. It may take awhile to do security and background checks.

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  • How long does the E2 dependent (spouse) process usually take? E2 dept status was granted can she apply for a green card later?

    I am living in the US since almost 5 years working with an E2 visa. I have plans to marry my Dominican girlfriend. After getting married (her or my home country what is better? We met while she was on a US vacation.) can she apply for E2 dependent...

    Kristina’s Answer

    I agree with my colleague and would add that it doesn't matter that she's from DR and you're Swiss: she will be applying as your wife. She will still need to apply at the US consulate in DR. How long it takes depends on a number of factors.

    See the informative article below: "The E-2 visa is a nonimmigrant visa, meaning it is temporary, while green cards are permanent. Moreover, a green card through investment requires a dollar investment of $1 million or more, while an E-2 visa has no dollar minimum."

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  • We met more than two years ago in 2010 and did not meet again but regularly communicating.. Can we still apply for the k1 visa?

    luz_0322@yahoo.com

    Kristina’s Answer

    You must have physically met your fiance in the last two years in order to be eligible to file a K-1, plus show plenty of evidence of your romantic relationship. You should plan to visit your fiance again before you apply for the visa.

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  • Port of entry and destination on J1

    I am coming to us on a J1 scholar and will arrive 2 weeks sooner than the start of my program. Can i enter a city other than where my program is located first to visit family for 2 weeks or do i have to show evidence that i am directly going to th...

    Kristina’s Answer

    You can visit family, but you're right. You should have evidence that you are still enrolled in the program, as well as evidence that you plan to travel there before your program starts in case you are questioned by a border official. If you have your living accommodations settled, bring those documents. You may want to book a bus, train, or plane ticket to your final destination before you enter the US.

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  • Overstayed B2 visa by 150 days. Is my Visa still invalid? Can I reenter the US for travel purposes?

    Hello, my boyfriend overstayed his b2 visa by 150 days. I am a Greencard holder and we had our son during his stay in the US. He wanted to support me during the last months of pregnancy and stayed longer for the same reason after our son (US ci...

    Kristina’s Answer

    He is not inadmissible because he did not overstay by 180 days or more, but you're going to have a huge problem proving that you do not plan to overstay this time around. His past overstay will show up when he meets the border official, who has the authority to deny him entry into the US. Make sure you bring plenty of documentation showing that he plans to return (flight info, evidence of a job and home abroad).

    In the future, if you need to stay in the US longer than authorized, you should apply for an extension of the visa with USCIS. If you had submitted evidence of your pregnancy, he probably would have gotten his visa extended without a problem!

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  • Can a mother obtain green card/citizenship through her deceased son?

    The US Citizen son passed away before the process was initiated. Can she get her green card through him? She is here legally with her tourist visa but will have to leave before her stay expire. Her daughter is a green card holder and can demonstra...

    Kristina’s Answer

    No, unfortunately you cannot get a green card through a deceased US relative. Perhaps her daughter can naturalize and file for her when she is eligible.

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  • Is removal of the 3/10-year and permanent bars for admissibility included in the new 2013 U.S. immigration reform proposals?

    I'm a natural-born U.S. citizen; my husband falls under the permanent bar (EWI after spending more than 1 year in the U.S. unlawfully) and we're approaching the halfway point to waiting out the 10 years required before he can potentially get a wai...

    Kristina’s Answer

    Amnesty for immigration offenders (especially those with a permanent bar) is not a high priority in the proposed reforms. If your husband was underage when he entered, he might have a better chance of being "covered." Keep following this, though. You never know what might happen.

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  • Immigration question

    hello , i'm soumeya yacoub originally from tunisia, i came to boston (USA) on january 2011 with a visa J 1 as a research scholarship at northeastern university (visa for 3 years) to participate in a program that will end on 2015. Suddenly and wit...

    Kristina’s Answer

    You should talk to the DSO at Northeastern and discuss your options, perhaps transferring to another program or enrolling in classes in order to remain in the US. They can't "cancel" your visa, but if you are no longer working with them, it is no longer a valid visa and you will have to leave eventually if you don't take action.

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  • I entered US in 2006 with a F-1 student visa, but I was not able to complete my master's degree

    I entered US in 2006 with a F-1 student visa, but I was not able to complete my master's degree due to lack of money (for just an additional and final course). and I could not apply for reinstatement as I need to pay the tution I owe to re enroll...

    Kristina’s Answer

    You will need to apply for a new passport to leave the country. DHS will scan that passport when you leave, so they will know when you left the country. An F-1 visa has an expiration date, but is usually good for "duration of status" or "D/S." Your school may have reported you as being out of status when you failed to re-enroll because they will often check international students. If the visa expired, you will have to reapply outside the US. You might have to explain the gaps in your status at this time and may be found inadmissible.

    USCIS guidance on "duration of status":

    "As an example regarding duration of status, if you have a visa that is valid for five years that will expire on January 1, 2009, and you are admitted into the U.S. for the duration of your studies (often abbreviated in your passport or on your I-94 card as "D/S"), you may stay in the U.S. as long as you are a full time student. Even if January 1, 2009 passes and your visa expires while in the U.S., you will still be in legal student status. However, if you depart the United States with an expired visa, you will need to obtain a new one, applying at an Embassy abroad, before being able to return to the U.S. and resume your studies."

    I would consult with an immigration attorney.

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  • I-864 form; Do have to include under 21 children of my husband's previous marriage, if...?

    My husband has 4 children from 2 previous marriages. He is sending child support for two of them on a monthly basis. The other two, he does not have to send child support due to a financial settlement with his ex-wife done by the order of court....

    Kristina’s Answer

    I agree with my colleague. If he is claiming them as dependents on the tax returns, he will need to include them as household members for the I-864.

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