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Maria Fuster Glinsmann's Answers
- 394 Legal Answers
- 7 Legal Guides
3
Attorney answers:
H1B visa related questions.
All very good questions. 1. There is no way to accurately predict the last day to file for an H1B visa. All we can do is track usage which is reported by the USCIS weekly. The report indicates how many petitions have been filed that will be counted against the cap. As of 6/18/10, there were approximately 43,000 visas still available in the regular cap and another 10,000 visas available under the masters cap. Usage has been low because of the weak economy. This was true last year too. In...
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3
Attorney answers:
What can i do sponsor someone i met here US ?
There are three different types of sponsorship: 1. Family sponsorship - if she is your wife, then you can sponsor her for residence; 2. Employment sponsorship - if she is your employee, then you can sponsor her for residene; or 3. Financial sponsorship - if she needs to prove that she will not become a "public charge" as part of a nonimmigrant visa application, you can provide an affidavit of support for her. We can help you determine which of these makes sense in your situation. Feel...
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2
Attorney answers:
H1B expiration after 6 years and F1 COS approved and working on CPT
You will be able to file for a 7th year H1B once your Application for Labor Certification has been pending for 365 days. Separately, you can recapture either 1) time spent outside the US during your H1B petition period or 2) time spent in the US after your Change of Status. Either must be documented. Beware that spending too much time in CPT (12 mos) will make you ineligible for OPT upon graduation. Feel free to utilize our ONLINE APPOINTMENT SCHEDULING SYSTEM to schedule a Free 30...
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2
Attorney answers:
Motion to reopen
If you are in removal proceedings, you'll have to be patient to file your Adjustment of Status before the Immigration Court. If you have reasons to expedite the merits of your case, then you can ask your attorney to enter into a joint motion with the government to get an expedited hearing. There are many competent attorneys who regularly handle removal proceedings before the immigration court. Among them, we can recommend Rachel Ullman (Wheaton), Ron Richey (Rockville) and Jay Marks (Silver...
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2
Attorney answers:
We filed for an asylum on Nov 14 2009. We received work permit. We haven't heard anything after that. Should i write to USCIS?
It's important to keep in mind that the issuance of an Employment Authorization Document is an "interim benefit". If you made submitted sufficient initial evidence you were properly issued an employment authorization. However, the fact that you were issued an EAD has no bearing on the outcome of the asylum case. Now, to address the asylum case. There are a number of reasons, your case is still pending: 1. Name check and fingerprints haven't cleared. A delay in being cleared used to very...
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1
Attorney answers:
Hi can h4 visa holder take divorce from USA or they have to file where their natives place where they done marriage?
Since you currently reside in Maryland, you can file for divorce in Maryland, regardless of where you were married. If your husband is in another state, often it can lengthen the amount of time it takes to actually get divorced. A competent family law attorney can help guide you through this process. You are correct that your H4 visa depends on the validity of your marriage. You will lose your H4 status upon the final divorce decree, regardless of the date stamped on your I-94 card. So,...
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4
Attorney answers:
My status is Asylee and my I-94 states indefinite. How do l change my status now that am married to my wife who is a US citizen?
Based on the information you provided, you have two viable applications for permanent residence. The first one is to file and adjustment of status based on your approved asylee status. The second one is based on your marriage to your US citizen wife. Each has pros and cons associated with it. Here is some food for thought. The pro of the asylum based adjustment to resident is that you pay lower USCIS fees. The disadvantage is that there is a yearly quota for asylee based adjustments....
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2
Attorney answers:
G4 grace period.
The answer depends on whether you are 1) changing to another non-immigrant status or 2) applying for adjustment of status. Changing status to another nonimmigrant status i.e. H1B worker, F1 student etc. A unique problem for G4 visa holders is that when applying for a "change of status", the G4 status must be terminated. Once terminated, the Change of Status must be endorsed by the Dept. of State. Dept. of State can take 5-6 weeks to endorse the change. If your next status is an employment...
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2
Attorney answers:
How can I keep My Fiance in The country?
I'm sorry to hear about your situation. Here are some things to consider as you proceed in assisting your fiancee. First, ICE typically won't move on the detainer until the state charges are resolved or until he posts bond for the state charges. So, oftentimes, our clients will post the bond on the state criminal charges (or use a bail bondsmen to reduce the amount out of pocket). This will trigger the need for ICE to act on the detainer within 48 hours. Most Maryland detention centers...
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2
Attorney answers:
Is there any hope of ever being able to go back legally ?
We have seen many cases like yours. The best thing to do is consult with Criminal Defense Counsel that has a lot of experience in "post conviction" relief. If you were not properly advised by the court in your proceedings as to the immigration consequences of your charges, plea etc. you may have either procedural or constitutional grounds to reopen the criminal proceedings and have either plea or sentence revised. In revising your plea or vacating your sentence, your criminal defense...
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