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Eugene J. Glicksman

Eugene Glicksman’s Answers

1,760 total


  • Can my brother in law sign my affidavit of support (Form I-864) for adjustment of status as the the petitioner.thanks

    i came in with fiancee visa and now am filling for change of status.All other supporting documents are ready for filling but my wife was the one that submitted her affidavit of support for my visa but now my brother in law who make six figures wan...

    Eugene’s Answer

    While your brother-in-law may file an Affidavit of Support as a co-sponsor, your wife is required to file an Affidavit of Support., even if her income is insufficient.. Your brother-in-law cannot file the Affidavit of Support as a substitute for your wife's Affidavit of Support.

    Good luck!

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  • Im married with a U.S. citizen, can I apply to get my green card even if I left the country and came back unlawfully?

    I was here in the country since I was 3 years old with my family , my parents brought me from México in 1998 . In 2006 I left the country with my mother since there was a family emergency going on at the time, we came in unlawfully the first time...

    Eugene’s Answer

    While you were a minor when you made your original and subsequent unlawful entries, this does not matter under the immigration laws. Your husband can file a petition for you, and you will have to process your visa through the US Consulate in Mexico City, as you appear to be ineligible to apply for adjustment of status. This means you will have to apply for a waiver of your "unlawful presence".

    My best advice would be that you and your husband consult with an experienced immigration attorney near you to get expert advice on this matter.

    Good luck!

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  • Entering the US with a new immigrant visa

    After abandoning a prior one. Will that pose any problems during the arrival at a port of entry? They must have all records of flying in and out of the country. Will they ask me why I was gone for so long and be prejudiced about letting me in? I w...

    Eugene’s Answer

    Congratulations on getting your new visa! The situation you describe should not present a problem. There may be some questions as to why you abandoned your prior resident status, but this will probably be more out of curiosity than anything else.

    Good luck!

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  • Visitor Visa OR US citizen file greencard petition for mother

    My grand mother 85 years old doesn't have a birth certificate. How can she apply for USA visitor visa from India. Can my aunt US Citizen (her daughter) can do a petition for my grand mother? how long it take ? Birth certificate required?

    Eugene’s Answer

    • Selected as best answer

    There are other documents which can be used if a birth certificate is unavailable or nonexistent. The Department of State's website has information on this. Your US citizen aunt can file a petition for her mother/your grandmother, and your aunt will need to prove the relationship through documentation. This type of case usually takes around a year to be processed, from filing of the petition to consular interview; of course, this depends on how complete the filing package is, as well as how rapidly the consular processing can be completed.

    My suggestion would be for your aunt to consult with an experienced immigration attorney near her to get expert assistance.

    Good luck!

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  • Can an employee work between Employment Authorization Document (EAD) expiration and renewal dates?

    An employee applied to renew her EAD on 4/24/15, but has yet to hear back. It expires on 7/7/15 and she may not get it until 7/24/15. I would love for her to continue working during this 17 day gap. Can I have her resign and then rehire her and pa...

    Eugene’s Answer

    This depends on the basis for the employment authorization. If this employee received her EAD as a result of filing for residence based on a family-based immigration case, she must have a valid EAD in order for her to continue working for you. On the other hand, if she is working for you based on a valid nonimmigrant visa which you filed on her behalf (such as an H1B), you can continue her employment for up to 240 days while the renewal is pending. Much of this is explained in the USCIS Publication M-274, "Handbook for Employers", but it is far from complete or exhaustive. The best suggestion I could give you would be to consult with an experienced immigration attorney near you who can review all the necessary documents and give you an informed answer.

    Good luck!

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  • As PERM is filed by an employer, how much can I expect to to pay for the rest of my EB-2 green card application if paying myself

    Given employer files for PERM and I pay for the rest myself

    Eugene’s Answer

    I could not agree more with both my colleagues. Legal ethics would not permit us to comment on fees, and without knowing what your matter involves, there is no way any attorney could advise you of the possible legal fees involved for your particular case.

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  • Need advice on H1B RFE about CPT

    Hello everyone, thank you for answering all kinds of questions relating to the H1b as well as F1 visa. I have applied for my H1B this year and got picked up in the lottery this year. I have also received an RFE regarding my second master’s school ...

    Eugene’s Answer

    I could not agree more with Mr. Reich. A second opinion is possible, but that could not be done through the use of an open forum like AVVO. You need to consult with an experienced immigration attorney to get expert guidance and assistance, and that can only be offered through a thorough review of your paperwork.

    Good luck!

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  • H1b transfer US consulate interview

    Hi, I have a valid h1b visa stamped with company A. Luckily my existing company offered me a better position and so I applied for a h1b transfer and it got approved. I am currently in India and has not entered the USA till date. Do I have to ...

    Eugene’s Answer

    Mr. Reich is absolutely correct. You need to speak with the immigration attorney who represented your employer with regard to the visa petitions. That attorney is in the best position to advise you as to what may, may not, and/or needs to be done, as that attorney knows the history of your employer's filings.

    Good luck!

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  • Can L2 EAD be extended based on extended I94?

    I am on L1B valid till 8/10/2015 and I94 valid till 8/10/2017. My husband is on L2 EAD which is expiring on 8/10/2015. Can his EAD be extended and he can work till extended I94 which is till 8/10/2017

    Eugene’s Answer

    So long as your husband's L2 status was extended, he can apply for an extension of his employment authorization. Please note that your L1 extension does not automatically extend his L2; he had to file his own extension application which would be based on your extension.

    Since this is an employment-based nonimmigrant visa, it is likely that your employer retained an experienced immigration attorney to represent the company with your extension. This same attorney would probably have filed for your husband's extension at the same time, but you need to verify that, and should do so as soon as possible.

    Good luck!

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  • How can I get my case files assessed before employing a immigration lawyer to carry out the relevant proceedings on my behalf?

    My case has been pending has been pending for about a year with no response from uscis, my sister and I submitted I-130 cases the same time and my sister's case was denied. I would like for the files to examined to determine the best way forward.

    Eugene’s Answer

    Mr. Borten is correct. You need to consult with an experienced immigration attorney who can review your history in order to advise you appropriately. You can find any number of attorneys near you through AVVO.

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