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Maria Fuster Glinsmann
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Maria Glinsmann’s Answers

394 total


  • Are any immigration attorneys officially authorized to take the fingerprints at their office?

    1

    Maria’s Answer

    I have heard of immigration attorneys who take client fingerprints on the Form FD-258 to send to the FBI to request client arrest records. To my knowledge, they are not "officially authorized". If we are requesting client arrest records, we request that our clients get printed at a local police station. For obvious reasons, clients are not always keen on visiting a police station.

    I agree that USCIS has application support centers that are "officially authorized" to take biometrics (fingerprints, photo and signature) as part of issuance of immigration benefits.

    Feel free to take advantage of our Free 30 Minute Consultation to get the reliable advice you require. You can schedule your appointment by clicking on the BOOK NOW button on our website: www.glinlaw.com and choose Option 1. The link below will also take you to the appointment scheduling system. We would be happy to work with you so that you can make an informed decision on how to proceed.

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  • How much would I have to make annually to sponsor 2 different immigrants that aren't related if my family size is 2?

    One of the immigrants is my husband so he is included in my family size of 2, the other immigrant is totally separate from another country?

    Maria’s Answer

    You complete the I864 and calculate the household size. Assuming you have already sponsored the non family member, at the time you sponsor your husband, then your "household size" is 3. According to the 2011 poverty guidelines your "total income" from line 22 of the form 1040 needs to be $23,162.

    You can find the poverty guidelines yourself on... http://www.uscis.gov/files/form/i-864p.pdf

    Feel free to take advantage of our Free 30 Minute Consultation to get the reliable advice you require. You can schedule your appointment by clicking on the BOOK NOW button on our website: www.glinlaw.com and choose Option 1. The link below will also take you to the appointment scheduling system. We would be happy to work with you so that you can make an informed decision on how to proceed.

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  • I used to have A1 Visa then I changed for F1 (currently) am I a candidate for a Green card?

    When I came to US I had A1 Visa for 2 years, after that I changed to F1 (currently) to continue my studies. Some friends told me that I'm a good candidate for a Green Card it is that right?

    Maria’s Answer

    You are a good candidate for residence if you have maintained lawful presence at all times. Processing time for residence will depend on whether you are being sponsored for residence by a spouse, other family member or employer.

    The typical path to residence for a student is usually F1 Student Visa, then to H1B work visa then to Permanent Residence based on approved Labor Certification.

    You get credit for thinking creatively. However, your plan is not recommended. You have two better options. The first would be determine whether he is eligible for cancellation of removal before an immigration judge. Cancellation of removal can be granted for persons who have lengthy residence in the US and close family ties i.e. USC spouse and US children. Our firm does not handle cancellation of removal. We can recommend three local attorneys Rachel Ullman (Silver Spring), Ronald Richey (Rockville) and Jay Marks (Silver Spring).

    Alternatively or simultaneously, you can file a petition for him for eventual pickup at a US Consul in Mexico. He can remain in the US until his visa interview is scheduled. Departure from the US will trigger the 10 year bar, which means he'll need a waiver. Although it sounds like you have a good case for a waiver, the major downside is that the processing time for a waiver is around 9-12 months. The biggest downside, is the possible risk that the waiver is denied. In either case, your husband will be stuck outside the US until either the waiver is approved or the passage of the 10 years measured from departure.

    Feel free to take advantage of our Free 30 Minute Consultation to get the reliable advice you require. You can schedule your appointment by clicking on the BOOK NOW button on our website: www.glinlaw.com and choose Option 1. The link below will also take you to the appointment scheduling system. We would be happy to work with you so that you can make an informed decision on how to proceed.

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  • Can someone who only receives social security sponsor an immigrant?

    I cannot sponsor my husband so I need a joint sponsor. My father is retired and only gets a check from social security every month, that is his only source of income, but he meets the poverty level guidelines. Can he sponsor my husband?

    Maria’s Answer

    There are several ways to meet the income/asset requirements for an I864 affidavit of support. If your income is insufficient, then you want to examine your cash assets. You can make up the difference with evidence that you have 3 x the cash assets on deposit. Your father can be a joint financial sponsor and he can help you with his SS income as well as his cash assets on deposit.
    You get credit for thinking creatively. However, your plan is not recommended. You have two better options. The first would be determine whether he is eligible for cancellation of removal before an immigration judge. Cancellation of removal can be granted for persons who have lengthy residence in the US and close family ties i.e. USC spouse and US children. Our firm does not handle cancellation of removal. We can recommend three local attorneys Rachel Ullman (Silver Spring), Ronald Richey (Rockville) and Jay Marks (Silver Spring).

    Alternatively or simultaneously, you can file a petition for him for eventual pickup at a US Consul in Mexico. He can remain in the US until his visa interview is scheduled. Departure from the US will trigger the 10 year bar, which means he'll need a waiver. Although it sounds like you have a good case for a waiver, the major downside is that the processing time for a waiver is around 9-12 months. The biggest downside, is the possible risk that the waiver is denied. In either case, your husband will be stuck outside the US until either the waiver is approved or the passage of the 10 years measured from departure.

    Feel free to take advantage of our Free 30 Minute Consultation to get the reliable advice you require. You can schedule your appointment by clicking on the BOOK NOW button on our website: www.glinlaw.com and choose Option 1. The link below will also take you to the appointment scheduling system. We would be happy to work with you so that you can make an informed decision on how to proceed.

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  • If my husband has green card and I am on J1?

    I am married 5 years, and my husband is on H1b but then he can obtain green card, If he would have green card and i am still on J1....Do I need to return to my country or I can get green card after my J1 expires?

    Maria’s Answer

    If your husband is an applicant for adjustment of status, you can apply at the same time, provided you are not subject to the §212(e) 2 year foreign residence requirement. You can determine whether or not you have the 2 year foreign residence requirement by checking your DS-2019 and/or checking the annotations on your J1 Machine Readable Visa.

    If you are subject, then you may be eligible for a waiver. Eligibility can depend on a lot of factors and timing for waiver approval can depend on the type of waiver you are applying for. We recommend attorney Bruce Hake in New Windsor MD to review our waiver cases. J1 waivers are very specialized within the practice of immigration.

    Feel free to take advantage of our Free 30 Minute Consultation to get the reliable advice you require. You can schedule your appointment by clicking on the BOOK NOW button on our website: www.glinlaw.com and choose Option 1. The link below will also take you to the appointment scheduling system. We would be happy to work with you so that you can make an informed decision on how to proceed.

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  • I have a 3yr old son who is a us citizen. i have been in the us over 22 years can i get citizenship?

    i came to the us when i was four years old. now im 26. i graduated high school and have lived here most of my life. is there anyway i can apply for a green card or citizenship? the thing is that i want my son to stay in the us and i would like to ...

    Maria’s Answer

    You are not alone. That is the reason that Congress keeps kicking around the Dream Act, but for political reasons, can't get the legislation passed.

    I agree, you can explore your eligiiblity for cancellation of removal before an immigration judge. Usually, clients don't choose cancellation... cancellation chooses them. What I mean is that clients who are seeking cancellation, were usually picked up by local law enforcement and they didn't have applications pending that would protect them and it was a last ditch effort. We can recommend several very good local attorneys who handle a removal cases regularly including Rachel Ullman (Silver Spring), Jay Marks (Silver Spring) and Ronald Richey (Rockville).

    However, before pursuing that last ditch effort, I would be curious to learn more about your parent's immigration history. Because you have been here for so long and your parents are here, I am wondering if you are protected/grandfathered by either of the two prior §245(i) laws. If your mom or dad, filed for lawful permanent residence either before January 1998 or April 2001... even if those applications failed... and you were a minor (under 21) at that time, those failed or successful applications for residence for them would protect you.

    We would be interested in knowing whether mom or dad was a named beneficiary in an Application for Labor Certification or Petition for Alien Relative or Petition for Alien Worker. Again, evidence of these would protect you even if they failed.

    Feel free to take advantage of our Free 30 Minute Consultation to get the reliable advice you require. You can schedule your appointment by clicking on the BOOK NOW button on our website: www.glinlaw.com and choose Option 1. The link below will also take you to the appointment scheduling system. We would be happy to work with you so that you can make an informed decision on how to proceed.

    Feel free to take advantage of our Free 30 Minute Consultation to get the reliable advice you require. You can schedule your appointment by clicking on the BOOK NOW button on our website: www.glinlaw.com and choose Option 1. The link below will also take you to the appointment scheduling system. We would be happy to work with you so that you can make an informed decision on how to proceed.

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  • What are the chances of overcoming INS marriage fraud charge even thou you are no longer married to the person.n

    Please we need some answer and an experience immigration lawyer.

    Maria’s Answer

    Marriage fraud can be very scary for any applicant because the stakes are so high. A finding of marriage fraud poisons the well and makes you ineligible for any other immigration benefit.

    The good news is that the truth can always be proven.

    So, what you need to do is meet your burden of proof. You need to present convincing evidence that the marriage, that has now ended in divorce was entered into in good faith and not for immigration purposes.

    Here is some of the evidence that you can consider providing to overcome a finding of marriage fraud:
    1. evidence of joint accounts and commingling of financial resources,
    2. evidence of children born of the marriage, pregnancies or fertility treatments
    3. evidence of joint insurance i.e. auto, health, life
    4. filing of joint taxes
    5. evidence of joint ownership of property i.e. autos
    6. purchase and appraisals of wedding jewelry
    7. sworn affidavits from bride and groom, most importantly the US citizen explaining in excruciating detail the reasons why the couple got together and why the marriage fell apart
    8. evidence of counseling i.e. formal or informal
    9. photos of the couple on the wedding day
    10. photos of the couple during courtship and during the marriage

    The list can go on and on and will depend on the particular facts of this marriage.

    Feel free to take advantage of our Free 30 Minute Consultation to get the reliable advice you require. You can schedule your appointment by clicking on the BOOK NOW button on our website: www.glinlaw.com and choose Option 1. The link below will also take you to the appointment scheduling system. We would be happy to work with you so that you can make an informed decision on how to proceed.

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  • Can i apply for citizenship now?

    i moved to md a year ago but i just changed my address a week ago and i have received approval. i am due for citizenship next month can i apply or i have to wait for my change of address to be more than 90days before?

    Maria’s Answer

    You can file for naturalization based on your new address. The processing time between filing and interview, which in Maryland is currently about 3 months, will take care of the jurisdiction matter.

    Be sure to include a copy your driver's license or your MVA change of address card with your application to document that the Baltimore District Office has jurisdiction over your application.

    Feel free to take advantage of our Free 30 Minute Consultation to get the reliable advice you require. You can schedule your appointment by clicking on the BOOK NOW button on our website: www.glinlaw.com and choose Option 1. The link below will also take you to the appointment scheduling system. We would be happy to work with you so that you can make an informed decision on how to proceed.

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  • Can i file fore my husband the same time i file for my us citizenship

    i am a permenent resident fore five years my husband and i are married 3 years i am about to file fore my citzenship can i file fore my husband to get his green card at the same time i file fore my citizenship my husband enter the us on a b1/b2 v...

    Maria’s Answer

    You should not file a petition for your husband until you are granted US citizenship unless and until you become a naturalized US citizen.

    Your husband is currently in a period of "unlawful presence" and if you were to file a petition for him now, the two of you will be called for interview and removal proceedings can be initiated against him. This is because, the spouse of a US lawful permanent resident with unlawful presence is not eligible to adjust status.

    The good news is that applications for naturalization in Maryland, covered by the Baltimore District Office are being processed very quickly ... 3 months from filing to interview... which is very fast. This processing time, assumes that you are eligible for citizenship, you submit all of the required evidence and pass your citizenship test the first time.

    Once you are a US citizen, you can file for your husband and your husband can concurrently file for adjustment of status and employment authorization. Again, these applications are being processed really quickly in the Baltimore USCIS District Office, assuming you submit all of the required evidence and everything goes smoothly at interview.

    Feel free to take advantage of our Free 30 Minute Consultation to get the reliable advice you require. You can schedule your appointment by clicking on the BOOK NOW button on our website: www.glinlaw.com and choose Option 1. The link below will also take you to the appointment scheduling system. We would be happy to work with you so that you can make an informed decision on how to proceed.

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  • If employers do not wish to renew work visa for foreigners, when should they inform the employee?

    My wife found out in March that her employer is got going to renew her work visa when it expires in July 2011 but accepted her filing of visa extension and labor certification before March. Is there legal basis in accepting her visa renewal applic...

    Maria’s Answer

    Maryland is an "at will" employment state meaning either party (employer and employee) can terminate employment at any time. Your wife may have more rights if her employment contract makes a commitment to sponsor for permanent residence. Those questions are best posed to a lawyer who handles employment/labor law.

    The good news in your scenario is that clearly the employer understands that lead time is key in your wife's situation. Having these next 3-4 months to find a new employer and file a new work visa application is going to be key in having her avoid a lapse in employment authorization.

    If your wife holds an H1B visa, then she can avoid a lapse in employment authorization as long as her new employment petition is filed before the expiration of her current I-94 card. If she is unable to find a new employer and get a new petition filed before her expiration, then the next best thing is to file a change of status to B2 visitor to have enough time to wrap up her affairs before departure. This can get her another 6 months. If she finds a job in that subsequent 6 month period, then she can file the new petition, even if the decision has not been issued on the change of status.

    The key for her is to maintain an unbroken chain of lawful presence.

    Feel free to take advantage of our Free 30 Minute Consultation to get the reliable advice you require. You can schedule your appointment by clicking on the BOOK NOW button on our website: www.glinlaw.com and choose Option 1. The link below will also take you to the appointment scheduling system. We would be happy to work with you so that you can make an informed decision on how to proceed.

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