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Eugene J. Glicksman

Eugene Glicksman’s Answers

1,792 total


  • I have withholding of removal status. Can I travel to Puerto Rico?

    Will I be able to use my employment card to show I have withholding status to come back to NY?

    Eugene’s Answer

    Traveling to Puerto Rico is considered a 'domestic' flight since it is within the US. Despite this, there is usually some CBP inspectorial review of passengers. If you are going to travel to Puerto Rico, make certain that you carry copies of your documentation showing the grant of withholding, and remember that you CANNOT take any trips to any nearby non-US islands, territories, or countries. Since it is likely that you had an experienced immigration attorney representing you in your withholding case, I would strongly advise you to consult with him/her before you make any plans.

    Good luck!

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  • My question is regarding L1B validity and I94 Validity, which one takes precedence.

    Hi My question is regarding L1B validity and I94 Validity, which one takes precedence. I came to US in Jan 2011 on L1B Visa. Then I went for vacation for 3 weeks to India in 2013. When I entered US again in 2013 on L1-B,...

    Eugene’s Answer

    There are several factors which come into play on this question, among them being the expiration date of the L1B petition, the expiration of the L1B visa, and the expiration of your current passport. Since it is likely that your employer retained an experienced immigration attorney to represent the company with regard to the L1B, I would strongly suggest that you speak with that attorney regarding this matter.

    Good luck!

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  • Doctorate degree from a foreign university in PERM application

    I have PhD in Computer Science from a university in Canada. I'm curious if this degree is equivalent to Doctorate degree in the US and whether I can mark "Doctorate" as the highest level of education in PERM Form 9089, field J.11?

    Eugene’s Answer

    • Selected as best answer

    A professional educational evaluation service would be capable of advising as to this, and the experienced immigration attorney your prospective employer has likely retained to represent the company would normally have such an evaluation done as part of the PERM process. Also, you need to understand that it is the minimum job requirements, not your education, which drive a PERM application.

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  • Options for children on H4 visa turning 21.

    Hi My daughter is on H4 visa will be turning 21 next year. My I-140 has been approved and there is a long wait in the next step. She is in undergraduate college 4th year. She will go for further graduate studies. What are her option...

    Eugene’s Answer

    The F1 is probably the most likely visa for which your daughter might qualify. Whether there are other possibilities depend on many different factors, which cannot and should not be reviewed through a public forum like AVVO. My suggestion would be that you schedule a consultation with an experienced immigration attorney near you for expert advice and guidance.

    Good luck!

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  • Sponsor wife leaving job but H1B income greater than income requirements. Have joint sponsor available. Send/wait for interview?

    Me and my wife (who is a US citizen) got married in April and applied for an adjustment of status green card, based on marriage in June. I am on an H1B and have been working for 5 years. My income was counted in addition to my wife's income and we...

    Eugene’s Answer

    Since you have been present lawfully under your H1B, your income can be counted. Based on your statements about your income, you should not have a need for a co-sponsor. Do nothing and wait to hear from the USCIS.

    Good luck!

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  • Transferring from H1B to F1 visa

    Applied for H1B extension, H1B date expired and got RFE. Wife is applying for F1 visa to study. Can I transfer to F2 visa along with her? If yes, how does the process work? Do we need to file for change of status with the school or apply for a fre...

    Eugene’s Answer

    You cannot qualify for an F2 visa until/unless your wife is approved for her F1 visa, so that presents a separate set of problems. Since the H1B extension has already been filed, and the RFE issued, why not simply respond to the RFE? As my colleague pointed out, there are several other considerations to take as well. You should consult with an experienced immigration attorney for expert advice and guidance on this matter, and you should do so as soon as possible.

    Good luck!

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  • I got married last June 2015, and submitted my change of status from F1 to greencard as I married US citizen. Still processing?

    I got married last June 2015, and submitted my change of status from F1 to greencard as I married US citizen. I received a letter from USCIS, stating the received my application. But nothing else. When I call or send service requests they say its ...

    Eugene’s Answer

    It is not clear from your question what you may have filed with USCIS. There is no such thing as filing a "change of status from F1 to greencard". Your spouse would have had to file an I-130 petition for you, and you would have had to file an application to adjust your status (I-485), along with all the related forms and documents, If what you filed was the Form I-539, you wasted both time and money. Don't waste any more of either: make an appointment for a consultation with an experienced immigration attorney near you for expert advice and guidance.

    Good luck!

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  • Filing Unemployment with NY while on Marriage based green card ( initial 2 years Green card).

    I got my Marriage based permanent residency card - for initial 2 years in 2014. After which I worked for a temporary employment through a staffing agency in beginning of 2015. My employment ended with the staffing agency. So while on green card fo...

    Eugene’s Answer

    Whether or not you are eligible for unemployment benefits in New York depends on several factors, the first one being why you are unemployed. If you voluntarily quit, or were fired for cause, you probably cannot claim unemployment insurance. If you are eligible, your immigration status will not be a factor, nor will it affect your applying for your 'full' residence before the conditional period expuires.

    Good luck!

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  • My husband came in illegally 2002, i have a copy of the I-213 where border patrol signed the voluntary deportation.

    What box should i select on the I-130 form question 16 "Has your relative ever been under immigration proceedings?". Please advise.

    Eugene’s Answer

    I agree with Ms. Worm. Your husband's immigration history needs to be carefully reviewed before proceeding. Consult with an experienced immigration attorney as soon as possible to avoid unnecessary problems.

    Good luck!

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  • Job change before adjustment of status interview. Now working at legal cannabis investment company--anything we should do/know?

    Going in for our adjustment of status interview in August (Australian on E3 visa, moving to spousal green card). I just changed jobs and am now working at a company that invests in legal recreational and medical marijuana, as a writer/editor. Do y...

    Eugene’s Answer

    WOW! This is a novel question, and one fraught with possibilities, some of which might not be that pleasant.

    While some states have decriminalized marijuana possession, and have actually legalized its sale and use under heavily restricted guidelines, this does not supersede Federal law which says that such sale and use is unlawful. While you are working for the company solely as a writer/editor, there may still be a question as to your being employed by a company which the Federal government might view as some sort of criminal enterprise. Because of this, I would STRONGLY urge you to consult with an experienced immigration attorney as soon as possible.

    Good luck!

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