Matthew Rice Glinsmann’s Answers

Matthew Rice Glinsmann

Gaithersburg Immigration Attorney.

Contributor Level 9
  1. My conditional "Gree Card" expires on July 18th 2009, when should I submit my I-751? Once I submit it, can I travel?

    Answered about 5 years ago.

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

    When to File (Joint Filing). Assuming you are still married to the sponsor, you and the sponsor are required to file the I-751 jointly during the 90 day window prior to the expiration of your conditional resident card and not before. It needs to include strong evidence to the bona fides (legitimacy) of the marriage such as birth of children, comingled finances, joint ownership of property and similar evidence. ATTORNEY HELPFUL/RECOMMENDED IF YOU HAVE WEAK EVIDENCE, CRIMES OR OTHER CONCERNS...

  2. The approval letter of I130 petiition filed by my wife (LPR) and me as the beneficiary mentions sec. 201(b) INA. create problem?

    Answered over 4 years ago.

    1. Matthew Rice Glinsmann
    1 lawyer answer

    USCIS notices are often wrong. Her actual status will govern the visa category. Some things you might consider reviewing in your case (with the help of an experienced immigration attorney) include: 1) Naturalization eligibility for your wife 2) If you were married when she got her greencard, were you a derivative? 3) Review eligibility for adjustment of status when the time comes (as the spouse of a green card holder or US Citizen) 3) Keep checking the Visa Bulletin periodically to see...

    2 people marked this answer as helpful

  3. Pending on I-751 waive. Is possible to have the new sponsor and re-file I-751?

    Answered almost 4 years ago.

    1. Kevin Lawrence Dixler
    2. David Nabow Soloway
    3. Shiva Pal Gill
    4. Matthew Rice Glinsmann
    4 lawyer answers

    If you entered on a K-1, you must have gotten married to the sponsor within 90 days of entry and filed an Adjustment of Status. The I-751 would then be filed to remove the conditions on your residency. Assuming this is the case and you filed the I-751 with your spouse and are now divorced, You should file a new I-751 and ask for a waiver of the joint filing requirement with lots of proof that the original marriage was bona fide (not entered into for immigration purposes). This is all about...

    1 person marked this answer as helpful

  4. 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?

    Answered over 4 years ago.

    1. Guerline Ladouceur-Laurore
    2. Matthew Rice Glinsmann
    2 lawyer answers

    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...

    1 person marked this answer as helpful

  5. Sponsor spouse through Green Card

    Answered over 4 years ago.

    1. Matthew Rice Glinsmann
    1 lawyer answer

    Answer: First things first - You Need to Act Fast: If you plan to marry, you should do it prior to the approval of your residency case. This way your wife will be a derivative beneficiary of your case and will not need to be separately sponsored. Once married, you should file an I-824 to notify the US Consulate at the time of your green card approval. You wife should be able to come to the US right away (generally 3-6 months for notification and processing). If you wait to get married after...

    1 person marked this answer as helpful

  6. Am I considered a U.S citizen or still need a green card and what passport do I use then???Thanks a bunch for your reply!!!

    Answered over 4 years ago.

    1. Shah Iqbal Nawaaz Peerally
    2. Matthew Rice Glinsmann
    2 lawyer answers

    You may be eligible for naturalization. However, naturalization is not automatic. In some cases, naturalization can be expedited based on military enrolment / deployment. In order to know if you are eligible, you will need to meet with an experienced immigration attorney and review your eligibility. A good overview of Naturalization requirements can be found at the guide to naturalization link below. If you will not apply for naturalization at this time, you should apply to replace your...

    1 person marked this answer as helpful

  7. I am a green card holder of USA and I want to sponsor my wife from INDIA, How much time it will take to get visa for her?

    Answered over 4 years ago.

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

    The prior answer is fairly complete. I have a couple of additional thoughts. I assume from your question that you did not get married before your green card was approved. If this is incorrect and you were married before your green card was approved, then your wife may be a derivative of your green card and there is no need to sponsor her. In that case you simply need to notify the USC Consulate using and I-824. Your wife should avoid entry on a B visitor visa. A truthful application and...

    1 person marked this answer as helpful

  8. Can I withdraw an approved immigrant petition?

    Answered about 5 years ago.

    1. Matthew Rice Glinsmann
    1 lawyer answer

    AS THE PETITIONER, YOU MAY WITHDRAW YOUR PETITION — BUT DO YOU REALLY WANT TO? A sponsor in a family-based residency petition may withdraw the petition prior to the grant of residency. However, this may not solve your problem. An attorney will need to understand your underlying objectives and facts of the case to determine if withdraw the petition makes sense. WITHDRAWAL OF THE PETITION DOES NOT MEAN BENEFICIARY CAN NOW COME TO THE US AS A VISITOR. By your petition and your mother...

    1 person marked this answer as helpful

  9. I-485 derivative

    Answered about 4 years ago.

    1. Carl Michael Shusterman
    2. Matthew Rice Glinsmann
    2 lawyer answers

    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...

  10. Form G-56 appointment

    Answered over 4 years ago.

    1. Ekaette Patty-Anne Eddings
    2. Matthew Rice Glinsmann
    2 lawyer answers

    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...

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