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Maria Fuster Glinsmann
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Maria Glinsmann’s Answers

394 total


  • Can one switch from L2 to H1 without leaving the country

    I am on L1B and my wife is on L2 with EAD My wife has got a job offer and the employer is ready to process her H1 Visa, if her H1 petition gets approved with COS...does she have to leave the country to get her H1 Visa stamped? or can she switch...

    Maria’s Answer

    She can change status from L2 to H1 provided that the start date on the H1B precedes the authorized stay/end date on the L2. If however, the L2 will end before the H1B start date, then she'll have to apply to pick up her new H1B visa abroad.

    We encourage new clients outside of our geographic area to schedule a Telephone Consultation to get the reliable advice they require. You can schedule your appointment by clicking on the BOOK NOW button on our website: www.glinlaw.com and choose Option 2: Teleconference for either 30 or 60 minutes. A fee of $150 or $250 will apply depending on the length of the teleconference.

    Please note you may only select the Free Initial Consultation option only if you are coming to the office.

    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 just got married December 2010 to my husband who entered the US illegally in September 2001 at the age of 11....

    This September he will reach his 10 year mark of being here in the United States. SInce he entered here after 2001 I know that he will have to go back to his country and wait for his papers to be approved but will being here for 10 years give him ...

    Maria’s Answer

    Congratulations on your recent marriage. If your husband departs the United States he will trigger a 10 year bar to reentry. So definitely, you and your husband will need to explore all of the alternatives as well as the timing of any departure. A waiver of inadmissibility requires a showing of "extreme hardship" to you the US citizen and can be extremely difficult to prove in a recent marriage like yours. As a general rule, a waiver case is much stronger when there are several years of marriage and children born of the marriage, although not always required.

    Because your husband came here at such a tender age and given the timing of his original entry, it is possible that his parents may have attempted to pursue lawful permanent residence. It is important to explore whether either parent may have applied for residence, even if the application failed. For instance, they may have been the beneficiaries of an "Application for Labor Certification" or an "I-130" visa petition by a family member. If either of these types of applications were filed for either parent by April 30, 2001, then the fact that your husband was a minor at the time would protect him under an old law INA §245(i) that would allow him to overcome his unlawful entry by paying a fine.

    We encourage new clients outside of our geographic area to schedule a Telephone 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 2: Teleconference for either 30 or 60 minutes. A fee of $150 or $250 will apply depending on the length of the teleconference.

    Please note you may only select the Free Initial Consultation option only if you are coming to the office.

    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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  • Joint sponsor responsible for intending immigrant and his wife/daughter if they are US citizens?

    My husband is in the process of getting permanent residence in the US. He is Ghanaian. I am a US citizen by birth as is our daughter. I cannot sponsor him myself since I do not currently have a job. My friend is the joint sponsor but is having sec...

    Maria’s Answer

    You are asking your friend to take on a significant responsibility. If it can be managed, it is best for you, the sponsor to be employed at a level to meet the guideline for your household size. For instance, for a family of 3, you would have to show that you are going to make $23,162 in 2011. That works out roughly to a full time job paid at $12/hour.

    Here is the language from the regulations:

    213a.2(d) Legal effect of affidavit of support. Execution of a Form I-864 under this section creates a contract between the sponsor and the U.S. Government for the benefit of the sponsored immigrant, and of any Federal, State, or local governmental agency or private entity that administers any means-tested public benefits program. The sponsored immigrant, or any Federal, State, or local governmental agency or private entity that provides any means-tested public benefit to the sponsored immigrant after the sponsored immigrant acquires permanent resident status, may seek enforcement of the sponsor's obligations through an appropriate civil action.

    By signing Form I-864, the Petitioning Sponsor (as well as the Joint Sponsor, if used) agrees to “provide support to maintain the sponsored alien at an annual income that is not less than 125% of the Federal poverty line during the period in which the affidavit is enforceable.” This obligation begins after the intending immigrant “acquires permanent residence.” The Affidavit of Support is, in fact, enforceable by the local, state or federal government, or any agency providing a means-tested public benefit, against the Petitioning Sponsor or Joint Sponsor.

    Means-tested public benefits include: Supplemental Security Income (SSI); Medicaid; Temporary Assistance to Needy Families (TANF), and State or local cash assistance programs for income maintenance, often called “General Assistance” programs.

    To see a list of benefits that are exempt from this rule and thus can be received by the sponsored immigrant, please see the USCIS Fact Sheet, Public Charge (Oct. 20, 2009),

    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 was born in 1984 In virginia and we went back to my native country in 1989 . Now I am in USA on B1 /B2 visa on Indian

    passport and since i am on B1/ B2 i dont have a social security number but i have the state birth certifcate 1. Can I apply for citizenship without having a social security no and if yes does it have a negative impact on my application 2. as my ...

    Maria’s Answer

    You are a US citizen unless your parents were diplomats on the date of your birth. If your parents were diplomats, then you may be eligible to apply for permanent residence.

    The process is application for certificate of citizenship and US citizen passport. You'll need an original birth certificate which you can obtain from the State Vital Records office and a valid Indian passport. It may also be helpful to have other documentation to valid your claim including: the passport you used back in 1989, your parent's passports for the time period of your birth and return to India.

    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 happens to f-1 when applying for green card

    I will be applying for green card and my f-1 will expire few months after applying for green card

    Maria’s Answer

    Your F1 will continue to be valid while your Adjustment of Status is pending. Most likely you'll be done with the residence process before you have to worry about your F1 expiring. If your program end date is June, then you have to remember that you have a 60 day grace period at the end of that date.

    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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  • Do I need original birth certificate for marriage base green card interview?

    I have only copy of the original birth certificate and original translation of the birth certificate, would that be a problem?

    Maria’s Answer

    The original document must be brought to your I485 Adjustment of Status interview. Because the USCIS will compare the copy with exemplars of birth certificates from your country of nationality, it is not advisable to file adjustment with one version and then bring a non-matching original to the interview. This can cause delay. The copy you file your adjustment with should match the original you bring to 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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  • I am a 17 year old u.s citizen who just married a illegal immigrant from guatemala, can i give him a green card?

    My husband crossed the border 3 years ago, and doesn't have a criminal record and this was the first time he crossed over to the u.s. We don't have kids, and he pays taxes and helps with my education, and living situations. How can i be able to gi...

    Maria’s Answer

    The first inquiry for any foreign national that "entered without inspection" is to determine whether he/she is protected by an old law ... the section of the Immigration and Nationality Act is §245(i). If he is protected by this law, then you would be able to proceed with your marriage petition and related adjustment to lawful permanent resident.

    If he isn't eligible and you proceed with these applications, then he may find himself in removal proceedings after the denial of the adjustment of status.

    245(i) protection can be derived from a parent. So if his parents have ever been sponsored for residence... even if those applications failed or were denied, they may still provide protection.

    If he isn't protected by §245(i), then you would file your husband's visa petition and eventually he would travel to Guatemala for his visa interview. Because the departure triggers the 10 year bar, you definitely need to proceed with the advice of competent immigration counsel.

    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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  • My I-94 form is missing the A number.

    My I-94 form which came as a part of H1B approval notice is missing the A number, is it a mistake that I need to follow up on with USCIS?

    Maria’s Answer

    An A#, referring to an Alien Registration Number is granted in limited cases:
    1) immigrant visa petitions and adjustments of status
    2) employment authorization documents
    3) initiation of removal proceedings
    4) asylum applications

    Alien registration numbers are not issued as part of an H1B petition and would not be found on your I94 card. There is no mistake to correct.

    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 I get annulment from Nevada and then try to lift conditions on my Greencard , is it possible ?

    Unlucky in love

    Maria’s Answer

    You have a very good question and the other answers are only partially correct. This is where the lawyers get to dust off their law degrees.

    Annulment isn't necessarily fatal, but you must proceed with caution. When we have faced this problem with our clients, it is usually the foreign national who has had no choice in the matter. The annulment was sought by the USC.

    There is a presumption of fraud if there is an annulment within 2 years of the grant of residence.

    Marriage Fraud—INA §237(a)(1)(G), 8 U.S.C. §1227(a)(1)(G), repeals INA §241(c) [IMMACT90 §602(b)(1)], and retains as a grounds of deportation:

    Termination or annulment of a marriage, where the marriage was entered into less than 2 years prior to entry and terminated within 2 years after entry, unless the alien can establish that the marriage was not entered into for the purpose of evading the immigration laws; «Rodriguez v. INS, 204 F.3d 25 (1st Cir. 2000) and

    Failure of the alien to fulfill marital agreement. «Nakamoto v. Ashcroft, 363 F.3d 874 (9th Cir. 2004)»

    Case law outlines where the line is. Annulment—If the marriage is voidable, but not void, it can be recognized for immigration purposes. 106 Matter of G–, 9 I&N Dec. 89(BIA 1960). However, an annulment declaring a marriage void ab initio will only be recognized as eliminating the marriage from its inception if it brings about a more just result. 107 Matter of Magana, 17 I&N Dec. 111 (BIA 1979).

    In short, you really need a competent lawyer to help you navigate this mine field if you plan to pursue the annulment.

    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 to become a citizen?

    I have a sixteen year old girlfriend that is a citizen but im not a citizen nor a resident here in the United States and I am only seventeen years old.

    Maria’s Answer

    I commend you for taking matters into your own hands to get the information you need. Many new adults (just over 18) get the advice they need too late. Since you are 17, this means your parents are making decisions for you and that certain immigration consequences will not hurt you because you are too young to make decisions for yourself.

    So, absolutely, now is the time to be considering how to get yourself legal if you aren't legal today. Getting that advice, well before your 18th birthday will give you the necessary lead time to make whatever decisions and plans that need to be made.

    The typical path that most of our young clients take to citizenship is:
    1) temporary visa i.e. student visa that allows them to stay and study that takes them to college graduation
    2) OPT work authorization - work authorization granted for the 1 year immediately following graduation
    3) work visa i.e. H1B visa for highly skilled professionals (those with at least a Bachelor's degree)

    Use AILA's Immigration Lawyer Search to find a local competent attorney to assist you and your parents make a plan for your immigration future. I know you mentioned your girlfriend, but there is a lot of bread to bake between today and the two of you saying "I do". If and when that day comes, then you can discuss a marriage based petition with your immigration lawyer.

    Again, congratulations on looking for very important answers. Best of luck!

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