Skip to main content
Maria Fuster Glinsmann
Avvo
Pro

Maria Glinsmann’s Answers

394 total


  • Few Questions about immigrations

    I am a out of status student and trying to file asylum and i live in maryland but none of the lawyers seems to reply my emails and I feel uncomfortable talking on the phone. Since I am not in removal proceedings yet, I will have one extra chance t...

    Maria’s Answer

    Immigration is a federal practice so any lawyer licensed in the US can represent you. However, from a practical standpoint, you'll want to choose an attorney that you can take with you to your interview. The success of your case will certainly depend on your successful presentation of evidence of persecution and country conditions. From a practical standpoint, asylum claims are handled by immigration attorneys who handle a significant percentage of removal/deportation matters. You should be seeking a representative who can handle renewal of your asylum claim before a judge in the event of an unsuccessful claim in administrative proceedings.

    Our firm does not handle asylum or removal proceedings. We regularly refer clients with asylum claims to these highly competent and experienced attorneys in no particular order:
    1. Rachel Ullman, Silver Spring
    2. Jay Marks, Silver Spring
    3. Ron Richey, Rockville

    Whichever one you choose, select someone who you feel comfortable sharing that information with and who has experience handling asylum claims administratively as well as before a judge.

    See question 
  • Time Frame for Greencard

    Hi, I got my green card 8 months ago and I would like to marry my girlfriend who is back in my country and bring here. What are the process and how long it approximately takes? P.S. I would like to know the approximate time frame and I already k...

    Maria’s Answer

    Green card holders can petition for their spouses. US citizens can petition for fiancees. So, if it makes sense for the rest of your plans, then you should go to her and marry her and then petition for her approval as the spouse of a US Lawful Permanent Resident. This petition will place in her in a wait list in the Family 2A preference category. Wait lists are published in the "Visa Bulletin" on the US State Department website: http://travel.state.gov/visa/bulletin/bulletin_5228.html You can sign up to get this publication to your email once a month.

    The wait lists can be a little deceiving, because they can move backwards... not jusst forwards. Backward movement is referred to as "retrogression". Based on the current month Visa Bulletin for Feb 2011, the front of the Family 2A Pref line are persons who applied in January 2008.

    For the sake of this discussion, let us assume that you married your fiancee today and filed for her today too. Her "priority date" is Jan 30, 2011. Now you have to wait until her priority date moves to the front of the line.

    If you use straight line math, then we could guess that it would take her 3 years to the front of the line. It doesn't work this way exactly. For instance in 2010, this category advanced 3+ years in one year. So all you can do is track the movement monthly. Then once her date is eligible, then you will continue visa processing, first at the National Visa Center. Then the case gets transferred to the US Consulate in her home country for final interview.

    Best guess, then is that it will take about 4 years from filing to approval. Again, it could take less if the line advances more quickly or longer if the line advances more slowly.

    You'll want to keep very good evidence of your long distance marriage i.e. money transfers, joint bank accounts, joint ownership of property, joint insurance, letters, cards, trips, photos etc.

    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.

    See question 
  • Please can i get a greencard through my cousin?

    I want to know if my cousin who is a US citizen can file for me to get a greencard.

    Maria’s Answer

    A cousin relationship is not qualified a relationship for a family based petition. The following family relationships qualify for family based petitions:
    1. Spouse/Minor Child/Parent of a US Citizen
    2. Adult Child (Married or Unmarried of a US Citizen)
    3. Spouse/Unmarried Minor and Adult Child of Lawful Permanent Resident
    4. Brothers/Sisters of Adult US Citizens

    Having said that, your cousin can be useful to you in at least two ways.

    First, if your cousin is the closest US relative, then your next best option is a nonimmigrant visa that will keep you lawfully. A cousin with financial resources can make a great financial sponsor for i.e. a student visa or visitor visa application. As a graduate of US university, you will be eligible for one year of employment authorization opening the door to a work based temporary visa as your next logical step.

    Second, looking more long term, your cousin can help you network and find a US employer that would be willing to sponsor you. Employment based immigrant visas ("green card") is the best long term option for someone who does not have close US family relationships.

    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.

    See question 
  • I overstayed. I want to be legal. But i dont wanna get married to a US citizen. Can i just find an employer to sponsor me?

    I came here as a J1 visa holder. i filed for an extension which has been denied. I didnt appealed the denial. I just stayed and didnt depart USA. but i want to be legal here since i dont want to have any trouble of re entering USA bcause i always...

    Maria’s Answer

    Because you have a failure to maintain status, you will have to get back into status to be eligilbe for adjustment of status in the future or consular process for your immigrant visa.

    Consular processing would require eventual travel. Your fact pattern involves a complex analysis of whether or not you have been accruing "unlawful presence". Usually J1 visa holders are valid until "D/S" which means duration of status. This has been interpreted to not accrue unlawful presence unless and until the USCIS or a judge tells you that you are out of status. The part that concerns me is your report that you have a failed "extension" of status and what that written decision looks like. This analysis needs to be made before you depart the US, since making the wrong decision could trigger the 3 or 10 year bar to reentry. Don't wait to make this decision since you can accrue up to 180 days before triggering the 3 year bar and 1 year before triggering the 10 year bar.

    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.

    See question 
  • Who can file under 2nd preference employment based category?

    Can an employer of a foreign worker petition the latter under EB2 under this situation?: the foreign worker is a member of the professions holding advanced degrees but her/ his job does not require those qualifications. For example, a school (K-12...

    Maria’s Answer

    In order to have a successful EB2 application for labor certification, the position must objectively (according to the Department of Labor) require either at least a Master's Degree or alternatively a Bachelor's degree plus 5 years experience. Not only that, the employer must be willing and able to pay the foreign national the applicable rate of pay for a person at that level.

    Many times clients (employers and candidate employees) are tempted to increase the requirements of the position and the pay artificially. I believe it would be very difficult to prove that your employer needs this teacher to have a Masters degree or a BS plus 5 years experience for a classroom teacher. Those requirements are more typical for administrators. Your approach is a race to failure. Best to proceed with the conservative route to success.

    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.

    See question 
  • Where and to who do I report immigration/asylum fraud?

    I would like to report immigration fraud committed by a particular individual who currently holds a green card. He received the green card through an asylum. He has been living and working in his home country for three years now and he only enters...

    Maria’s Answer

    ICE Tip Line. 1-866-DHS-2-ICE

    See question 
  • My husband filled his I-485 while single, now is waiting for a visa number, got married meanwhile, how to petition?

    My husband applied for permanent residence thru employment while he was single. He is still waiting for visa number to be available. It has been almost 5 years. He lives in the USA. Meanwhile he married me in Europe and we got a child too in Europ...

    Maria’s Answer

    If your husband is living and working in the US on a nonimmigrant visa i.e. H1 or L1 or other visa, then you and your child are eligible to come to the US on dependent nonimmigrant visas. This option allows you to apply for adjustment of status with him. Consular processing is certainly an option, but it is slower, because it requires your husband to be approved before you and your son's visas can be processed. Depending on the consulate, it can take quite a long time to follow to join i.e. 9-12 months.

    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.

    See question 
  • I am getting married to a US citizen.

    I am an indonesian who is here in the US on a student visa. While here i met a US citizen. We dated for more than two years and now want to get married. I will still have one more semester left after we get married. 1. Can i still attend school...

    Maria’s Answer

    Congratulations!
    The most important assignment now is collecting evidence of your relationship to submit with your applications.
    1. Yes, you can attend school after your marriage. You'll want to provide the Receipt Notice for the Form I485 to your Designated School Official. You may even be eligible for non-international student tuition.
    2. You can't submit the paperwork until your married. Fiancees can only be filed if you are going to pick up your visa abroad. Being a fiancee adds more steps, more expense and time apart. So we recommend if you are in the US already after a lawful entry (and you have the added benefit of being compliant with your status) to file for adjustment in the US.

    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.

    See question 
  • What is the maximum time allowed abroad a green card holder who is overseas for studies at a european campus of a US university?

    Her program requires her to stay for over a year in France and then back in USA for the balance of her four years college. Is she naturally exempted from the 6 or 12 months maximum limit because she will be overseas to fulfill college requirement ...

    Maria’s Answer

    Your study abroad needs to be planned carefully.

    A Reentry Permit is the document that allows a lawful permanent resident to remain outside the US for up to 24 months.

    Keep these things in mind:
    1. A reentry permit application must be made while the applicant is standing in the United States
    2. Biometrics must be taken as part of that application. Typically, it takes 60 days between filing and the biometrics appointment date.
    3. The reentry permit allows the LPR to be outside for up to 24 months.... but... if the LPR stays outside the US for over 6 months... even with a reentry a permit... any exit over 183 days will disrupt the continuity of residence. This means that the clock for US citizenship starts over, but its a shorter statutory period.

    In plain English, if the student LPR leaves the US for 6+ months, then when she reenters, she has to be an LPR for 4 years +1 day before applying for residence. 2 years +1 day measured from the return assuming she is married to a US citizen.

    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.

    See question 
  • How do you divorce someone who refuses to sign for the paperwork and then moves so he can't be found?

    Also, I believe he married me for a green card. I contacted immigration and my state Senators, but they were of no help. I later found out that he filed for citizenship based on I-360 which is a scam. What can I do?

    Maria’s Answer

    Your question is a common one from a petitioner who doubts the good faith nature of their spouse's intentions.

    Here are some things to consider as you proceed. The first one that most petitioners in your position find very frustrating is that your soon to be ex-husband's file is private. Without his authorization, you don't have any right to get access to his file or filings. The other thing is that you don't have any standing to make any statements in his proceedings. This is why state senators aren't any help. (FYI, Immigration is a federal practice.)

    Having said that, you can always send a letter to USCIS having jurisdiction providing reference information for your husband i.e. name, date of birth, alien registration number and provide whatever objective evidence you possess that proves your allegations. In my experience, that can be very challenging. I'm guessing you don't have his written confession?

    If he is filing an I-360 petition, that means he is a special immigrant. There are several categories of special immigrants, among them victims of violence. In order for any application to be approved, he will have to meet his burden of proof. He won't be eligible for US citizenship until he meets the requisite number of years of lawful permanent residence and prove that he is a person of good moral character i.e. proving he is law abiding, pays his taxes, etc.

    On your divorce proceeding, a competent family law attorney will be able to advise you on the alternate notice methods that will satisfy the court's requirements for your divorce proceedings. Because your spouse will have to provide both the divorce complaint and your divorce decree to the USCIS in most proceedings, you can allege your concerns in the complaint as a back door way of making your concerns known to the USCIS.

    See question