Matthew Rice Glinsmann's Answers

Marrying a Non Resident

Most likely sponsoring your spouse from within the US is the way to go. If your husband leaves the US, he will likely become subject to an automatic 10 year bar to re-entry. (Although there are possible waivers of the 10 year bar, they are difficult to get - especially in a recent marriage.) Before filing, you need to definitely look the entire case (prior crimes, prior fraud or misrepresentations, the appearance of prior fraud or misrepresentations, prior applications, and more). As for...

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How long will it take for me to get the interview after my biometric is finished. I am married to a US citizen. Please let me kn

Baltimore is currently taking about 3-4 months to schedule interviews from the receipt date (assuming no request for evidence). Travel should generally be avoided, but may be possible in some cases.

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What do I have to file under 245i. the process time and when will i be able to get a workpermit. Time frame for the whole proces

Most likely you are covered by section 245(i). Denial of your Labor Certifrication due to failure to respond to a request means that the case was (most likely) approvable at the time of filing (* unless the request had to do with questions of fraud in the application or the case). You should also be prepared to demonstrate that you qualified for the position at the time it was filed and that you were physically present in the US on December 21, 2000 (Lease, pay stubs, W-2s, utility billls etc....

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Bringing children of spouse of US Citizen from overseas

Your US Citizen spouse must sponsor each child separately since they do not gain derivative status from your case. This assumes that the children were under 18 at the time of the marriage. In most cases they will need to be sponsored while they are outside of the US and will not be permitted to come the US beforehand. The US Citizen Sponsor will also need to show the ability to support all members of the family. If you have more questions or wish to discuss your case in more detail, you...

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Is it illegal to have someone over to visit in your home if the person is in the usa illegally?

In short, there is no law broken by simply having a guest over to your home (even if they are not in legal status). However, criminal charges may apply under 8 U.S.C. 1324(a)(l)(B)(i), all in violation of 8 U.S. C. 1324(a)(l)(A)(iii) and (a)(l)(A)(v)(II), for "harboring illegal aliens" for the purpose of commercial advantage and private financial gain if you do so knowingly and in reckless disregard of the fact that certain those persons, had come to, entered and remained in the United States...

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To remove conditions from my permanent residence?

I agree with Cynthia on this, you can file the I-751 as a waiver case (without your wife) now, but you will be asked for the divorce decree in fairly short order and will be likely given 87 days to provide it. If you don't have it by that time, the case will be denied. Timing is important and there is little wiggle room. I vary slightly on Cynthia's advice on Joint filing of the I-751 after separation. In this type of case, I believe that you can file jointly as long as you are very clear...

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How long does it take to get an approved upgrading i 130 ?

After notification of the USCIS of your change of status, the approval should normally take about 3-4 months (based on current processing times) since this is the processing time for a case initially filed for the spouse of a US Citizen. Ironically, the USCIS may take longer to change the category of the visa then it would to process a new US Citizen-based petition in some cases. However, you may be able to push the case through faster if your wife is eligible for adjustment of status. If so,...

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I need a immigration lawyer

It depends on what the crimes are and whether it is the beneficairy or Petition that has the record. This is only one of many important considerations in a Marriage based Green Card case.

I-130 Interview Baltimore Local office (Spouse Overseas)

Requesting a Green card based on a sham marriage is a bar to any future green card visa. If you have a previously approved non-conditional green card based on the prior marriage, there would be no reason to file a new I-130 Petition. Are you sure you don't mean N-400 naturalization? You should definitely consult with an experienced immigration attorney to unravel the facts and legal issues in your case.

B1/B2 to Greencard (if sponsored by a sibling)... is it possible???

From your question, I will presume that the beneficiary overstayed the permitted visitor visa period listed on his/her I-94 card. Adjustment of Status is not allowed when the beneficiary has overstayed the permitted period or worked without authorization. Exceptions to this rule exist where the beneficiary is sponsored by an immediate relative (US Citizen spouse, parent or adult child) or is covered by INA 245i (Applicant or his/her parent was sponsored before April 30, 2001 and in the US in...