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Eugene J. Glicksman

Eugene Glicksman’s Answers

1,792 total


  • Can my sister write me a check for the i130 forms i am submitting to uscis for my husband and baby. What shud the check say

    Since i dont have a valid us bank account and reside overseas can my sister write me a check for both the forms i am submitting for my husband and my baby? Do i need to write something specific on the check to tie that check with the forms that ...

    Eugene’s Answer

    I agree with Ms. Hoffman's reply, but I would also advise you of the following: the purpose of filing the petition is to reunite families within the US. Since you are apparently living overseas with your husband and child, you may encounter some problems 'down the road' regarding this point.

    I would STRONGLY suggest that you consult with an experienced immigration attorney for professional assistance with this.

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  • How much time it will take to get that status so that i can do back n forth in the US after filing Green Card?

    Now i am on I-94 my L1B is expired, n i am planning for Green Card.

    Eugene’s Answer

    How much time it will take to become a legal resident depends on several factors. The first will be the amount of time it will take for a PERM application to be filed by your employer and approved by the Department of Labor. Then your employer will have to file a petition for you with the USCIS. Lastly, you will have to file for your residence, and this is the part which may be difficult, depending on whether or not you are still in the US and have maintained lawful status. If you are eligible to apply for your residence in the US, you may be eligible to get permission to travel AFTER that last application has been filed, but not before.

    I would STRONGLY suggest that this is not something that either you or your employer should attempt to do without assistance from an experienced immigration attorney.

    Good luck!

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  • 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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