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Eugene J. Glicksman

Eugene Glicksman’s Answers

1,829 total


  • Immigration I had a resident status but my card expired several years ago, can you help me and if is possible reinstated??

    I got my residents card in 1991 but in 2004 expired and didn't follow through to renewed because I was divorce And my exhusband told I couldn't renew because he got marry and was fixing his new wife papers. But now that I have a better understandi...

    Eugene’s Answer

    You don't lose your status as a permanent resident solely because your card expires. The expiration only means that you don't have currently valid proof of your residence. Unless you have done something which would call your status into question, such as staying outside the US for more than a year without permission from the USCIS, you are still a resident, and filing for a renewal of your card is a fairly straightforward matter, using Form I-90. However, if you have done anything which may call your status into question, it may be a good idea to consult with an experienced immigration lawyer before filing.

    Good luck!

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  • Apply for EB1/NIW Category VISA

    Apply for EB1/NIW Category VISA: I read from a legal firm's website that to qualify for EB1/NIW category green card one is not required to have a job or job offer and they can file for green-card process in the said category. I am currently workin...

    Eugene’s Answer

    While what you read is correct, applying for a National Interest Waiver is not an easy task, even for experienced immigration attorneys. I would strongly urge you to consult with an experienced immigration attorney near you for expert guidance and assistance before proceeding further. Good luck!

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  • L2-EAD to H1B (COS)

    I am currently in L2-EAD working for MNC company A. I applied for H1B in April 2016 through a consulting company B. My case is picked in Lottery and it is currently in RFE stage. Response to RFE is sent on Sep 1st 2016 but the status in USCIS si...

    Eugene’s Answer

    This is a more complex question than is usually posted on AVVO, and because of that it would be very difficult to answer on such a public forum. You need expert and professional guidance from an experienced immigration attorney. I would strongly suggest that you consult with one near you as soon as possible for such guidance. You have a situation needing personalized review, which is not the purpose of AVVO. Good luck!

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  • Two family members filing two petitions for the same beneficiary.

    I'm a US citizen, I filed petition I-130 three years ago for my single brother ,he got approved, I'm waiting for the priority date which takes few years. Now my mother got green card. My questions, can my mother file a petition for him also ?, he ...

    Eugene’s Answer

    There is no limit as to how many petitions may be filed for someone, regardless of the category under which he or she qualifies. There are many reasons for doing so, such as a petitioner's age or health. If your brother qualifies for a Family Second Preference petition, your mother may file for him, and your petition does not need to be cancelled or withdrawn. However, your brother must remain single until he gets his residence to continue to qualify under your mother's petition as a resident. Good luck!

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  • Greencard Holder and Spouse's Green Card (I-130) and Now Citizenship Holder and applying Spouse's Green Card (I-130,I-485)

    Dear, I had a green card in 2014. and married to my husband (OPT holder) and applied his green card (I-130). But, I also applied for my Citizenship and recieved Citizenship this year September and my first,last name has been chaged. Also,...

    Eugene’s Answer

    As my colleagues pointed out, your question has a number of conflicting bits of information. The best way to sort this out properly would be for you to make an appointment for a consultation with an experienced immigration attorney near you for a thorough review of you and your husband's cases and status. Only by reviewing what has/has not been done, and whether your husband is in the US or not, can any of us advise you as to what steps are the next ones possible to take. Good luck!

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  • Since I already got a permanent resident card that valid for 10 years..... should I be worried?

    I want to know since I am already a permanent resident card holder that is valid for 10 years... should I still be worried? It still best to follow the instruction on the I-90 form and if I want the I-912 instruction? if I provide what ask ...

    Eugene’s Answer

    If you have a "green card" which is valid for 10 years, why are you wanting to file an I-90 and/or an I-912 fee waiver application? Is your card expiring, or has it expired? Filing the I-90 with the I-912 should not in itself be a problem, but you may want some expert guidance. If you cannot afford an attorney, which I assume is the case since your asking about the I-912, you can possibly get assistance from one of many charitable agencies such as HIAS or Catholic Charities near you. You can also check with your local bar association to see if they have a Pro Bono panel which might help. Good luck!

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  • Pending asylum for 3+ years

    I complete my interview 3+ years ago and I haven't still received my decision. Every time I send an inquiry, all I get is a pre-formatted response saying it is pending and I will be contacted when the decision is made. I also hear that every year ...

    Eugene’s Answer

    Asylum case adjudications can be maddening, since the stock answer of "It's pending" says nothing; after all, if it wasn't pending, would you be making an inquiry to begin with? The delays may be based on your country of origin, security clearances, prior affiliations (if any), and many other factors. Contacting a local Senator's or Representative's office may have mixed results, since you are neither a citizen nor resident, and not all members of Congress are that helpful regarding immigration matters. As to filing a mandamus action in Federal court, that can be expensive and tricky. My best suggestion would be for you to make an appointment with an experienced immigration attorney near you for a thorough consultation and professional guidance. Good luck!

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  • Must I file for adjustment of status before filing for an i601 waiver?

    I live in the US, married a US citizen and found out I am subject to a 3 year bar for overstaying my visa. My adjustment of status and waiver were denied the first time around. Can I submit a new waiver and wait to see if it is approved before fil...

    Eugene’s Answer

    While the simple answer is to say that everything should be filed at once, I would first want to find out why are you subject to the 3-year bar, and why your prior application was denied. If you never left the US after your initial entry, you would not be subject to the bar. Please note that I am not asking for an answer, nor should you provide one, as I am not your attorney, and a public forum like AVVO is not the place to discuss your personal matters. I would strongly suggest that you consult with an experienced immigration attorney near you as soon as possible to avoid unnecessary expenses and aggravation. Good luck!

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  • Previously withdrew my application for admission at the POE, should I worry when I travel now as an immigrant?

    Two years ago I was traveling back to the US from vacation overseas and the immigration officer cancelled my visa and withdrew my application for admission because I worked without authorization on a student visa then my wife flew to me and we got...

    Eugene’s Answer

    This question was already posted a few minutes ago. My answer remains the same: So long as you divulged this encounter in your immigrant visa application (DS-260) and to the Consular Officer who conducted your interview, you should not have a problem. Good luck!

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  • Immigration status

    My husband came to the US in 2008 on F1 status, i came and join him in 2010 on F2 status. Upon the completion of his studies in 2013 he was granted one year Opt which expired in June 2014. Before the expiration of his Opt he applied for a change o...

    Eugene’s Answer

    Unfortunately, there is no "best" solution, as what is best depends on what you wish to accomplish. I would strongly urge you to make an appointment for a consultation with an experienced immigration attorney near you for more specific assistance and guidance. Good luck!

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