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Eugene J. Glicksman

Eugene Glicksman’s Answers

1,792 total


  • What can I do if I lost my DACA cards? Can I go through a checkpoint if I have my acceptance letter ?

    I lost my DACA cards recently and I just wanted to know what I could do. I also want to travel to San Antonio but I don't know if I can just use my acceptance letter when I pass the checkpoint

    Eugene’s Answer

    Since there is no such thing as a DACA card, I believe you meant that you lost your Employment Authorization card. You will need to apply for a replacement card using Form I-765. As for traveling, you don't need your Employment Authorization card for travel within the US. If you are planning on flying, and you have no other photo identification, that may present a separate problem, and your paperwork will not substitute for a photo ID.

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  • Is there any chance to have the citizenship interview in a US embassy in Europe?

    I have my citizenship interview scheduled in 3 weeks. For professional reasons the entire family move to Europe last june, and I have a little baby who must fly with me since I'm breastfeeding to go to the interview. I wonder if is there any possi...

    Eugene’s Answer

    Your interview will not take place overseas, and the speed with which the oath ceremony may be scheduled depends on the practices within the USCIS district office. Aside from that, and more importantly, there may be other considerations which are much more serious, as noted by my colleague Mr. Reich. I would STRONGLY suggest that you consult with an experienced immigration attorney, and that you do so as quickly as possible.

    Good luck!

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  • At the naturalization interview, I inadvertently gave a wrong answer about transferring money to others.

    I was tired from the day before driving 700 miles and staying up the night before studying for the test for my N400 citizenship interview. I don't remember and probably didn't understand at that moment if the question is about transferring money t...

    Eugene’s Answer

    The standard form letter that contains the statement "A decision cannot be made about your application" doesn't really mean much. A decision may not be possible for many reasons, including simple ones such as :
    1. The interviewing officer is new and must have his/her cases reviewed by a senior officer before approving or denying;
    2. Part of the file is missing or in transit, and must be reviewed before a final decision can be made;
    3. Security clearances are incomplete, or need to be reviewed.

    Aside from that, and just to be certain, I reviewed the N-400 form and I cannot find any question about transferring funds, so I am not certain that you have a legitimate reason for concern.

    My suggestion would be that you consult with an experienced immigration attorney near you for expert advice and guidance, and wait to see what the mail brings.

    Good luck!

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  • H4 to F1 visa stamping denied. Is the current H4 visa stamp in the passport still valid to return to US?

    Hello. My wife was on H4 visa in US with visa stamping valid until September 2016. She got an admit for Master's degree and so recently went to our home country to convert to F1 status (No Change Of Status filed in US). However her F1 visa got den...

    Eugene’s Answer

    Based on your information, it would appear that your wife would still be entitled to be admitted in H4 status upon her return.

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  • When your criminal case got vacated due to ineffective assistance do you have to wait another 5years to apply for citizenship?

    does it also affect good moral carracter?

    Eugene’s Answer

    Criminal cases do not get vacated, decisions/verdicts do. If you were convicted, and the verdict was vacated, the prosecutor's office may have the ability to re-try the case. On the other hand, if the case was DISMISSED, there is no conviction. Make an appointment to consult with an experienced immigration attorney who can properly review your situation and give you expert advice and guidance.

    Good luck!

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  • USPS lost my OPT card and need to start a job on Monday. Card takes 3 months to replace, can't wait that long, any help/ideas?

    I got a job offer that i have accepted. The OPT card has not arrived to its destination even though it says delivered. I am starting a job as an engineer, supposed to start next monday, but I can't because of not having the card. I need to have t...

    Eugene’s Answer

    Mr. Ivakhenko is correct: make an InfoPass appointment as quickly as possible, and bring all your proof with you (along with photocopies) to the appointment.

    Good luck!

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  • How does a DUI affect my green card application?

    My DACA expired in June. I got married to my girlfriend of 5 years in May. But i was arrested for a DUI in February. She is a US Citizen in college and we have a son together. How will this affect my green card application? Without having to leave...

    Eugene’s Answer

    Whether this may affect your current status or your applying for permanent residence depends on several factors. The fact that you were arrested fur DUI is one thing; whether you were convicted of DUI, and, if so, what level, is another. Since different states have different laws regarding DUI, you need someone familiar with the specific state charge to properly advise you. My strong suggestion would be that you consult with an experienced immigration attorney as soon as possible for expert guidance and advice.

    Good luck!

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  • Time needed to file H1b petition after receiving the LCA approval. My options, if the petition is not filed on time.

    I am right now on my opt grace period of 60 days. An employer is preparing documents to file for an H1b for me. LCA notice has been posted on 21st July, 2015. I have been told that they will take down the notice on 4th August and af...

    Eugene’s Answer

    Mr. Caprara's analysis is correct, in that there may be very basic eligibility problems with your employer's application for you to be granted an H1B visa. Since your employer has retained an attorney to represent the company before the USCIS, you should discuss these items with that attorney, and do so as soon as possible.

    Good luck!

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  • I'm a Canadian wanting to move to the States.

    Are there ways to move there if one doesn't have a degree?

    Eugene’s Answer

    Most immigrant visas are either family or employment-based, and each has its own qualifications. To find out for which type of immigrant visa you might qualify, consult with an experienced immigration attorney near you.

    Good luck!

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  • I'm a Canadian planning on visiting the States, finding a job, and immediately applying for TN status.

    When crossing the border, what should I say? Will the border guards be suspicious if I'm bringing a small trailer of personal belongings/furniture?

    Eugene’s Answer

    Telling the truth will definitely trigger a problem for you, as you will be admitting that you are an intending immigrant without an immigrant visa. Having the trailer behind you won't help the situation. I would suggest that you contact prospective employers first to see about being employed. Once you've accepted a position, you can apply for your TN admission, should you qualify.

    Good luck!

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