Maria Fuster Glinsmann’s Answers

Maria Fuster Glinsmann

Gaithersburg Immigration Attorney.

Contributor Level 14
  1. Naturalization, coming from Belarus

    Answered almost 5 years ago.

    1. Maria Fuster Glinsmann
    2. David Nabow Soloway
    3. Angela Dee Bortel
    3 lawyer answers

    The case becomes relevant for your Application for Naturalization possibly if the case is based on charges for any sort of criminal activity. The fraud question on the Application for Naturalization only deals with immigration fraud i.e. did you lie to get an immigration benefit. If the case against you in Belarus constitutes criminal charges then the burden is on you to provide certified copies of 1) charges, 2) plea, 3) disposition and 4) sentence if any. If the case against you in Belarus...

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  2. I simply missed my naturalization interview. is there a way out?

    Answered about 5 years ago.

    1. Maria Fuster Glinsmann
    2. Matthew Rice Glinsmann
    2 lawyer answers

    I agree with my partner and would go one step further. If you still haven't heard anything, schedule an INFOPASS appointment on the USCIS.gov website to make a personal visit to the USCIS in Baltimore to inquire about your case and ask them to issue you a new naturalization interview date. You might get the new appointment notice on the spot. Certainly, we as attorneys who are members of AILA have additional channels we can use to avoid the trip up to Baltimore for you. Contact us to...

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  3. I received a DUi and was told to wait to five years to apply for citizenship. It's now a PBJ. Does the DUI count

    Answered about 5 years ago.

    1. Maria Fuster Glinsmann
    2. Rebecca Cook Black
    2 lawyer answers

    I agree that you need to disclose the charge and the conviction regardless of a later expungement. We typically recommend clients not to expunge records if they have an upcoming naturalization application, since it can complicate things unecessarily. You can be approved for naturalization with a DUI within the 5 year statutory period. You do not need to wait 5 years again, even if your prior denial decision says so. Baltimore Officials have met with AILA (American Immigration Lawyers...

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  4. Is there any hope of ever being able to go back legally ?

    Answered about 5 years ago.

    1. Maria Fuster Glinsmann
    2. Charles H Kuck
    2 lawyer answers

    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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  5. Father Died after Petition was approved

    Answered about 3 years ago.

    1. Maria Fuster Glinsmann
    2. C. C. Abbott
    3. Ekaette Patty-Anne Eddings
    3 lawyer answers

    I am very sorry to hear about the passing of your father. The good news is that you may be able to salvage the gift of the approved petition that he left you. The process is referred to as "humanitarian reinstatement" of an approved I130 Petition for Alien Relative. The petition needs to be reinstated because the law indicates that the petition is automatically revoked upon his death. The USCIS has put out some guidance on how to apply for humanitarian reinstatement in a fact sheet: http://...

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  6. How long does the i-130 upgrade process time takes exactly?

    Answered over 4 years ago.

    1. Maria Fuster Glinsmann
    2. Shah Iqbal Nawaaz Peerally
    2 lawyer answers

    Timing will depend on the location of your spouse: 1) in the US or 2) abroad. 1. Spouse is in the United States. If your spouse is in the United States, you will concurrently file 1) supplement to pending petition, 2) adjustment of status, 3) employment and 4) travel authorization. As a Virginia resident I would expect, employment and travel to be issued within 75 days of the filing of the adjustment and interview to occur at the 3-4 month mark after filing of the Adjustment of Status. 2....

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  7. I came to usa on f2 visa and then converted to f1 visa and after 3mons, my F1 visa rejected in home ctry.does my f2 still valid?

    Answered almost 4 years ago.

    1. Carl Michael Shusterman
    2. Maria Fuster Glinsmann
    3. Stuart Jonas Reich
    3 lawyer answers

    Yes, you can come to the United States with a valid, unexpired F-2 Machine Readable Visa provided: 1. The principal nonimmigrant (spouse/parent) who holds the F-1 student visa is still in the United States complying with the terms of his/her visa; and 2. F-2 machine readable visa is unexpired. It is advisable to carry evidence of your principal alien's compliance when traveling i.e. transcripts, copies of current I-20, current evidence of registration and of course evidence of your...

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  8. I'm having 2 SEVIS at different schools, first SEVIS is terminated. Am I out of status?

    Answered almost 4 years ago.

    1. Maria Fuster Glinsmann
    2. Kevin Lawrence Dixler
    2 lawyer answers

    The short answer to your question is that your new company can apply for the H1B visa and given your history, you may simply want to apply for H1B petition and have the notice of approval to be made to an accessible third country consulate i.e. Mexico or Canada. The rationale behind this recommendation is that if SEVIS shows that you have failed to maintain status (either because of your fault or the school's fault), then you won't be eligible for an in-country change of status. Failure to...

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  9. Adding caretaker to green card for traveling to US.

    Answered about 4 years ago.

    1. Carl Michael Shusterman
    2. Maria Fuster Glinsmann
    2 lawyer answers

    There is no mechanism for "adding a caretaker to the green card". The next best option is to find a lawful way to bring the caretaker to the US for a temporary period to assist the elderly person during travel and to get established in the US. Then the inquiry turns to the "credentials" of the caretaker. The caretaker needs to be evaluated individually as to whether he or she may make a good applicant for a B-1 visa Visitor for Business or B-2 Visa Visitor for Pleasure. If the caretaker...

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  10. Greencard for Mom

    Answered about 4 years ago.

    1. Maria Fuster Glinsmann
    2. Ralf D. Wiedemann
    2 lawyer answers

    Processing Time. The processing time to sponsor your mother for permanent can vary because there are three steps in the process: 1) USCIS approval of the visa petition, 2) National Visa Center processing of the affidavit of support and immigrant visa application and 3) interview at the US Consul. I think a better time estimate from filing to interview is currently running 9-12 months depending on how quickly you react to the NVC requests and the schedule at your mother's home consulate....

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