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Tracie Lynn Klinke

Tracie Klinke’s Answers

331 total


  • I-130

    my husband from Egypt , has an expire visa , can I submit I-130,I-485 and i-765 together to saving some money or must wait to get approve on I-130 first ? plus if I submit the 3 forms together do we have to send the medical exam a long with the ...

    Tracie’s Answer

    If you are a US citizen, yes, you can submit all three forms together (and don't forget about the I-864 affidavit of support). If you are not a US citizen, you'll need to file the I-130 first to establish a priority date. Once the Department of State's Visa Bulletin shows a current priority date, you can then file the I-485 and accompanying forms. When the time comes, to file the I-485, you will need to include the medical exam.

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  • My family interview scheduled at end of April in the morning 8:30 in Anaheim Asylum office?

    my family interview scheduled at end of April in the morning 8:30 in Anaheim? Me with 2 kids (7 and 12 years ago), what should We prepare? could you give us some advice? thanks a lot! my case is one child policy.

    Tracie’s Answer

    Plan on being at the asylum interview for at least three hours - so make sure everyone has a good breakfast! If you would feel more comfortable telling your story in your native language, be sure to bring a professional translator - not just a family friend or a cousin. A bad translator can make the situation more stressful than it needs to be. Be prepared to tell the truth; to be asked about specifics - dates, times, names, locations; and bring any evidence that supports your claim (translated into English). Best of luck!

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  • Hi my question is I was voluntary departure last August 5 2013 end I was in the us almost 13 yr.end I married to us citizen.

    Hi my question is I was voluntary departure last August 5 2013 end I was in the us almost 13 yr. as gree card end I married to us citizen. What is the best thing will can do to go back to us again with my husband?

    Tracie’s Answer

    If you stayed in the US past your Voluntary Departure period, you have a ten-year bar on applying for any sort of immigration relief, including a green card based on your marriage to a US citizen. If you are in your home country, and it sounds like you are, you might be able to seek about getting an immigrant visa through consular processing. You'll need to apply for a waiver, but it may be possible to come back to the United States within a few years (processing times are very slow right now). Please, talk with an experienced immigration attorney so they can help you and your husband reunite.

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  • Would a mission trip qualify me for obtaining advanced parole for educational purposes.

    I have DACA and I am trying to go on a church sponsored mission trip. My church has asked me to hand deliver donations to an orphanage in Mexico, since I am bilingual, and stay to do mission work for spiritual growth. Would this make me applicable...

    Tracie’s Answer

    It might - if you have the time and money, I would recommend trying. You can't get it if you don't ask. I've seen similar types of cases get approved, but since the granting of advanced parole is discretionary, it's hard to say for certain one way or another.

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  • 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!

    I met my husband 8 years ago in Hong Kong when he was in Navy. We have a daughter born in hong kong then we moved to US, i entered US with a tourist visa didn't think we would stay but we end up got married in US. We had some problems so didn't wo...

    Tracie’s Answer

    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.

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  • I have a green card that was issued for 10 years. My soon-to-be ex is my sponsor. How can I have him removed?

    My ex was stationed overseas when we got married. Two years later, he was returning to the US and I received my green card for 10 years. I will be getting divorced after being married to him for 11 years. Do I need his sponsorship to remain in the...

    Tracie’s Answer

    I'm sorry to her about the impending divorce. The good news is that you've been a lawful permanent resident long enough that your status in longer reliant on your marriage. You can renew your card, you can apply for citizenship - all after the divorce.

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  • When we will get interview letter from USICS after fingerprints?

    I came to USA as a tourist with my best friend who is US born citizen on oct 18 2014 and then we decided to get marry when he proposed me in Hawaii and we got married on 12 NOV on his birthday. Then we went to attorney for green card. Our applicat...

    Tracie’s Answer

    Congratulations on the marriage. While you should be asking your attorney these questions, you can find out the current processing times online - just put in the office that is responsible for your location. For Charleston, SC, for example, they are working on cases that were filed in September 2013.
    As for traveling, you'll certainly want to talk to your attorney about that. If you have advanced parole, it may be possible, but otherwise, you are stuck here until you have a decision. Leaving without permission would cancel everything you've done so far.

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  • Passed English and Civics. N-652 box B (Decision cannot be made) checked - Someone else also applied with same name of my wife!

    My wife's N-400 interview was today (4/3/2014) in Newark, NJ. She passed US history and English tests, but handed over N-652 box B (Decision cannot yet be made) checked. All check boxes under Box B are all checked as well. IO said "Someone else al...

    Tracie’s Answer

    I'm sorry to hear about this frustrating experience! It is very possible that there is someone else out there with your wife's same name - some names are just more common than others. The officer will hopefully just verify that they are, indeed, different people so a decision can be made on your wife's case. If you haven't heard anything within a month, I'd follow-up by going to an InfoPass appointment at your local USCIS office.

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  • My u non immigrant status expired can I apply for permanent residence like that?

    I am now 21 years old. my mom applied for a u visa and im a derivative. the thing is my non immigrant status type u-3 expired November of last year 2013. we are now going to apply for permanent residence and I don't know if i need to get an extens...

    Tracie’s Answer

    The laws recently changed in regards to minors who turned 21 while in the immigration process. You'll wan to talk with an immigration attorney who knows U visas very well to see if they can get you a post-dated extension of your status so you can get your green card.

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  • In asylum proceedings , while my stay will expire next month what should i do to remain in legal status.

    Dear Sir, I my asylum case in in pending while waiting for initial interview. I entered USA on B2 visa, my stay will expire on 11 may, 2014. i am very worried about that because I don't want to stay here illegally. how can I maintain my status ov...

    Tracie’s Answer

    • Selected as best answer

    There really is no way to extend your tourist stay at this time. By filing for asylum, you have told USCIS that you don't intent to be a tourist - that is, to see the US and return home. But, you are considered to be in the US lawfully while your asylum case is pending. So, even though your time as a tourist expires in May, you are allowed to stay in the United States (and as the other attorney states, you must remain in the United States) while your application is pending.

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