Matthew Rice Glinsmann’s Answers

Matthew Rice Glinsmann

Gaithersburg Immigration Attorney.

Contributor Level 9
  1. I'm a U.S.citizen.What options are available for me,to help my Parents in law,who are french citizens,to stay longer than 3mths?

    Answered about 4 years ago.

    1. Matthew Rice Glinsmann
    2. Maria Fuster Glinsmann
    3. Gabriel Dylan Jack
    3 lawyer answers

    Your in-laws most likely entered on the Visa Waiver program. They can either travel outside the use and re-enter on the Visa Waiver program or apply for the B as indicated in the previous answer. If in the future they want to come for longer periods of time up to 6 months, they should apply for and enter on the visitor visa. For now they can apply for a B visa and change of status. Links provided below.

  2. I am a LPR since 2005 with > 3 years spent outside. I had been given a warning, I got a RP valid 2012. should I be worried ?

    Answered about 4 years ago.

    1. Matthew Rice Glinsmann
    2. David Nabow Soloway
    2 lawyer answers

    In the best case, you should consider keeping your trips to less than 6 months and maintain US address and other property. In addition to avoiding questions related to your ongoing resident intent, this will avoid re-setting the 5 year naturalization clock. In addition, you should continue to filed taxes and avoid any statements or claims that you are a non-resident for any reason (especially tax returns). Naturalization requires 5 years of continuous presence (no absence of over 6 months)...

  3. My 18 years old son has to go to u.k where he was born to to get his usa gree card but if he leaves this country he won't be abl

    Answered about 4 years ago.

    1. Matthew Rice Glinsmann
    2. Stuart Jonas Reich
    2 lawyer answers

    Generally a son is a derivative of an employment-based residency case and should have been eligible for a green card without the additional sponsorship. Further, I agree with the prior answer, that unlawful presence does not likely accrue until your son turned 18 and therefore, your son has not accrued either 180 days or 1 year of unlawful presence. I strongly recommend that you seek a second opinion in your case before taking any action. While all of the key facts of your case are not clear,...

  4. Can K1 visa holder married to another USC not her original sponsor adjust her status?

    Answered over 4 years ago.

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

    Entry on a K-1 visa only permits adjustment of status based on the marriage to the original sponsoring spouse within 90 days of entry. The Adjustment will be denied for this reason and the beneficiary will be placed in removal proceedings. Therefore your only option is to consider sponsoring the spouse with consular processing. The beneficiary will be subject to a 10 year bar to re-entry for having overstayed his/her visa by over 1 year. Once abroad, a waiver application will need to be...

  5. Unlawful Presence & Marraige

    Answered over 4 years ago.

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

    Marriage to a US Citizen after an inspected entry (on a visitor or other visa) will in most cases permit you to get your green card. It is a common problem for people that are in the US without valid status. This assumes that there is no prior fraud on entry or prior applications, no criminal record and you are otherwise admissible. Admissibility is a much broader inquiry and involves a deeper inquiry with 20 or more questions. I have not seen any cases of denials of green cards based on...

  6. To remove conditions from my permanent residence?

    Answered over 4 years ago.

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

    I think I was one of the attorneys that answered you question before. You need to work with a divorce attorney on the divorce and get an understanding of the timing of that divorce. You appear to have an understanding of the issues. If the marriage was bona fide, and your divorce occurs within the next 30-60 days, you should be ok to file. It’s all in the proof and presentation. Given the complexity of your case, the importance of continued status and work authorization, you should contact...

  7. I have had my green card for 4 years.Can I leave US for at least 2 years ? Can i get my citizenship when I come back?

    Answered over 4 years ago.

    1. Matthew Rice Glinsmann
    1 lawyer answer

    Considering a Long Absences from the US & Reentry Permits: There are two concerns with your facts and they should be addressed separately when. The first is keeping your Green Card (residency) and the second is eligibility for Naturalization. I will try to address them both briefly here, but as you will see, this can get complicated and merits consultation with an experienced immigration attorney to review your facts in detail. Residency - Avoiding Abandonment & Ongoing Immigrant Intent...

  8. Voluntary Departure

    Answered over 4 years ago.

    1. Matthew Rice Glinsmann
    1 lawyer answer

    Voluntary Departure is unlikely. Your friend definately needs to consult with an experienced immigration attorney with deportation / removal experience. I recommend checking with the local bar association for pro bono attorneys and agencies in that area. A simple google search should help you find one. I am providing a link below.

  9. Intervew

    Answered over 4 years ago.

    1. Cynthia Beth Rosenberg
    2. Matthew Rice Glinsmann
    2 lawyer answers

    An approval can be issued from within days to within 6 or more weeks. After 6 weeks has past, the likelihood that the USCIS will issue a request for evidence or notice for a second interview statistically increases. If your case has not received any action within 90 days after the interview, a status inquiry may be in order. These are just guidelines. If you are nervous about your case or think you have a specific problem, it is always good to seek the advice of an experienced immigration...

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

    Answered almost 5 years ago.

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

    If your case has not already been denied, you can provide the reason the interview was missed and request rescheduling. The USCIS may reschedule the interview, but this may depend on the reason you missed the interview. Alternatively, if the case has already been denied, it would probably be best to just re-file the case. You could request re-opening, but without any error on the part of USCIS, that may be a waste of time.

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