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Matthew Rice Glinsmann
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Matthew Glinsmann’s Answers

46 total

  • Bringing children of spouse of US Citizen from overseas

    I need to know, how do I bring my two children here to the US? I just got married to my US citizen spouse and in the process of appling for my IR greencard. Is there a special visa they qualify for to be able to come into the US and so I can proce...

    Matthew’s Answer

    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 should consider meeting with an experienced immigration lawyer.

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  • I-485 derivative

    Based on the approved I-140 I applied for AOS for me and my dependent 8 y/o child. Thne receipts came dsiplaying only my charges, but my child did not receive his own receipt for the notice of action; I had submitted money order for my child in te...

    Matthew’s Answer

    You have a couple of options to find our more information. Contact USCIS national customer service at 800.375.5283 to ask about your child's case (have your receipt information ready). The national customer service line is not always helpful but it is worth a try.
    Your second option is to contact the bank that issued the money order and see if you can confirm that it was cashed and if they can provide a copy of the front and back of the money order. The USCIS often puts the case number on the check when cashing it. This is one reason we prefer to your our firm checks rather than using money orders.
    Best of luck.

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

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

    Matthew’s Answer

    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 in violation of law. It is also important to note that employment of an unauthorized worker is also not permitted.

    Please give me a thumbs up if you like my answer.

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  • What to do now????

    My fiance had an interview for the k1 visa in Casablanca, Morocco. He was given a letter that said his via was denied because he was eneligable for reasons "listed below" the other box was checked and no reason/explination given. When I called the...

    Matthew’s Answer

    Once the USCIS receives the case back from the US Consulate, it will likely issue a request for evidence or notice of intent to deny. In both cases, you have an opportunity to respond to the reasons for denial. In the past the USCIS has taken up to several years to issue the request, but more recently, this has been occurring in 3-6 months form the return of the file.
    The denial presumably would have to do with the failure to meet the requirements of the visa (e.g., no proof that you have actually met within the past 2 years or other reason).
    There is no substitute for meeting with an experienced immigration lawyer. Feel free to take advantage of our Free 30 Minute In-Office Consultation 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. You may also contact our scheduling desk at (301) 987-0030 extension 1. 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 wondering if I can sponsor my nanny (worked for me in Korea) to be able to come work for me here in the US?

    I am wondering if it is possible for me to sponsor my nanny (worked for me while in Korea) to come work for us here in the US? If so, what do I need to do, who do I need to talk to, what forms do I need to fill out, how much does it cost to bring...

    Matthew’s Answer

    In some limited cases, a domestic worker can come to the US with an employer that is stationed abroad and back in the US for a temporary period of time. However, in most cases, sponsoring a domestic worker will require a long process known as Alien Labor Certification. The process includes advertiseming the position in the US and if you are u8nable to find qualified, available and willing US workers to fill the posiiton, you can request the US Dept. of Labor to certify the position. Once certified, you then file a visa petition with the USCIS. This process can take many years to complete and has limited visas available to it. In most domestic cases, it will be over 5 years before the domestic worker can even come into the US on this type of sponsorship.

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  • Form G-56 appointment

    I filed i-130, i-485, i-131 and i-765 on marriage-base with US citizen last Nov. and got i-131 and i-765 approved early this year. Now I got a letter from local USCIS office for an appointment at the local immigration office requesting me to ...

    Matthew’s Answer

    The USCIS scheduled interviews in virtually all marriage-based Greencard cases. Even though the interview notice may state only you must attend, both the petitioner and beneficiary of marriage-based petitions must attend the interview. Neither the interview nor the case as a whole should be taken lightly. Although it may seem like "just filling out forms," 90% of your focus should be on evidence of the marriage and reviewing the case for other problems related to eligibility. The USCIS is on a mission to find fraud in marriage cases (in fact there is a presumption that marriages are entered into for immigration purposes and are fraudulent). Once the USCIS identifies your case as a likely fraud case, you can expect to have a much higher burden and a much harder interview. In most of my cases, I will also prepare an evidence supplement package and attend the interview with my clients to make sure everything goes smoothly.
    There is no substitute for meeting with an experienced immigration lawyer. Feel free to take advantage of our Free 30 Minute In-Office Consultation 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. You may also contact our scheduling desk at (301) 987-0030 extension 1. 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 F-2 visa and my mother is US Citzen can I get Green Card?

    My mother received her green card and also became US citizen. She started a process by filig I-130 form and i was waiting but in the mean time I got married and my wife got phd in the use. Through her I got also F2 visa and moved to US. Now I want...

    Matthew’s Answer

    You mother’s I-130 will likely change categories automatically based on changes to her status and yours (marital status). You need to look at the Visa Bulletin, a listing of available visas and categories published by the Department of State each month to see the waiting times for each type of visa. I am providing a link to the Visa Bulletin below.
    In addition to this issue, there are typically other concerns (depending on your specific facts) with your type of case. I will list some of them below: 1) Are you complying with your status, working without authorization; 2) the US Government could raise concerns with your F2 entry if you failed to disclose your mother’s status in the US or that you were being sponsored by our mother; 3) What other options might you have based on your current spouse, employment or other facts that are unknown.
    There is no substitute for meeting with an experienced immigration lawyer. Feel free to take advantage of our Free 30 Minute Consultation 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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  • Illegal immigrant with children wishes to marry mother of kids, what to do?

    been with mom of kids for 3 years; she didnt know he was illegal when they got involved; now they are in love.

    Matthew’s Answer

    Whether or not you can sponsor your husband (or Husband to be), will depend on a number of facts. Assuming the following facts, your Husband may be qualified to be sponsored: 1) He entered the US with inspection / with a valid visa OR he or one of his parents were sponsored for a green card before April 30, 2001; 2) He does not have any prior criminal history; 3) he did not lie on any prior entry or application; 4) there is a sponsor that can show financial ability to support your husband (not including the Husband's illegal income). These are just guidelines and a full review needs to be done by an experienced immigration attorney.

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  • I- 94 question

    I went back before my I-94 expire but when I tried for another visa the consulate officer claimed me as overstayed. How do you help me to find out the record of my I-94

    Matthew’s Answer

    You have several options to address this typw of issue. First, you can request a copy of your NIIS database (entry / exit) records. This is not always complete. Alternatively, you can provide alternate proof that you left on time, such as airplane tickets or othter proof your left on time. Prooving you left may only be part of the problem. Essentially the US Embassey will be looking at whether they think you will overstay or violate your status. Therefore, you could prove you left, but the officer could will deny your case.
    Feel free to take advantage of our Free 30 Minute Consultation 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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  • H1B to Green Card

    I have been on a H1B visa for the past two years. My employer will renew it after a year. Are these years counted toward my eligibility to apply for a Green Card? If so, in how many years, can I apply for one?

    Matthew’s Answer

    H1B time does not "count" toward a green card. You employer must sponsor you for lawful permanent residency (a Green card) separately in most cases. This often includes a process called labor certification. Depending on the minimum requirements for the position and your country of origin, this process can take many years in some cases. The recommended strategy will depend on your specific facts.

    Both you and your employer should contact an experienced immigration lawyer to discuss the process in more detail.

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