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Maria Fuster Glinsmann

Maria Glinsmann’s Answers

394 total

  • Missing one of the w-2 form

    while filling the petition two days ago 10/10/2011, unfortunately, one of the w-2 form was missing belonging to my joint sponsor which has a earning of $2000(his total annual adjusted income is $32,000), but the one which has the Adjusted gross in...

    Maria’s Answer

    USCIS will not conduct an independent investigation to help you meet your burden of proof. Your sponsor can call the IRS and request a W2 transcript. It can take 30 days to get it. The number to call is 1-800-829-1040. Your sponsor can request the same by faxing in Form I-4506T and the IRS will send it to your sponsor by mail.

    We recommend including the following documentation with your sponsor's I864 Affidavit of Support:
    1) Last year's federal income tax return with all schedules
    2) Last year's W2 wage statements and forms 1099
    3) Most recent paystub showing current pay rate and YTD earnings
    4) Employer verification letter addressing rate of pay and average number of hours worked per week.

    You are right that your sponsor's adjusted gross income should exceed the requirement of 125% of the poverty guideline for the household size.

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  • Is there any problem changing H1B to H4 status

    This is my case, Iam under H1B VISA and on the process of extension, it is still pending result. My VISA expired last Aug 29, 2011. If the application will be apppoved that will be good but if not, I have to leave the country right?I am single yet...

    Maria’s Answer

    The situation you are describing indicates that you have accrued 1 year of unlawful presence. Unlawful presence accrues starting on the date of the expiration date listed on your (4 card. If you depart after accruing 1 year of unlawful presence and then depart, you could be denied reentry for 10 years measured from the date of departure.

    If your I94 card is expired and you marry an H1B, you are not eligible for an in-country change of status resulting from the untimely filing of the extension. A timely filing of extension or change must be made prior to the expiration date listed on the I94 card (sometimes different than the date on the Machine Readable Visa).

    Because the situation you are describing requires departure from the United States to get back into lawful status, it is best that you consult an attorney competent and focused on immigration law to discuss a 212d3 waiver of inadmissibility and any other solution that may be available to you.

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  • Father Died after Petition was approved

    I am unmarried and over the age of 21. My father petitioned for me and the petition was approved. He was weeks away from being sworn in as a US Citizen when he passed away. What options do I have now? I am stuck. Please help

    Maria’s Answer

    I am very sorry to hear about the passing of your father. The good news is that you may be able to salvage the gift of the approved petition that he left you. The process is referred to as "humanitarian reinstatement" of an approved I130 Petition for Alien Relative. The petition needs to be reinstated because the law indicates that the petition is automatically revoked upon his death.

    The USCIS has put out some guidance on how to apply for humanitarian reinstatement in a fact sheet:

    You'll need to prove among other things that you have a substitute financial sponsor that is a US citizen or Lawful Permanent Resident to take his place as your financial sponsor. You will also need to prove that there are humanitarian reasons to allow you to remain i.e. other family members in the US and that there is nothing for you to return to in your home country.

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  • H1B extension and I-140

    Is it mendatory to exend the H1B after getting approved from the I-140 and employment authorization (with the advance parol) and having I-485 pending? what happens if H1B is not extended? My I-140 got approved and I got my employment authoriz...

    Maria’s Answer

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    It is not mandatory that you file an H1B extension because the filing of your I485 Adjustment of Status keeps you in lawful presence and because your employment authorization has been issued, you are also work authorized. Having said that, there are lots of things that can go wrong that are outside of your control and for that reason, we always recommend that our H1B nonimmigrants keep their H1B nonimmigrant status current.

    The next question is what could go wrong? What if your employer terminates your employment and withdraws the I140? Well you are portable after the I485 adjustment has been pending for 180 days, but we have seen a handful of cases where this occured and the USCIS denied portability. That doesn't make the USCIS correct. If something goes wrong with your I485 adjustment of status, the unexpired H1B status will keep you lawfully present while you resolve the eligibility issue.

    Then there are the practical implications. It is easier to travel with a current H1B as well as easier to apply for financing and easier renew driver's license.

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  • I won a dv2012, but i'm already out of status. is there a chance for AOS

    i'm out of status as of Aug 15,2010 resulted from denial of h1b, so i'm now just try to finish taking cpa exam and return to home country. but now i just found out i won dv 2012. there any chance that i can adjust my status here in usa and ...

    Maria’s Answer

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    In order to be eligible for Adjustment of Status you either have to in lawful status or you have to be eligible for an exception to the rule i.e. INA 245(i).

    USCIS cannot give you immigration advice about whether you are eligible for adjustment of status. A immigration lawyer specializing in immigration matters will be able to tell you whether you are eligible for adjustment of status or whether you would have to consular process.

    The question that comes to my mind in reading your facts is what status did you have before you attempted to file H1B.

    For instance if your status before H1B denial was B2 visitor, that means you had a fixed expiration date on your I94 card. This means that you have over 1 year of unlawful presence and departure from the US to consular process could trigger a 10 year bar.

    Conversely, if you were an F1 student whose I94 card indicates that your status expires on D/S (duration of stay) that means that you may be safe to depart the US to consular process.

    You absolutely need competent advice before departing the US for consular processing because the consequences may be irreparable.

    The other question that comes to mind is have you, your spouse (if you have one) or your parents ever filed for permanent residence ... even if the application failed... if it that application was filed before April 30, 2001, you may be grandfathered under an old 245(i) law allowing you to complete your permanent residence process without departure from the United States.

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  • Marrying a Man from Namibia, Africa

    I live in Oregon and I am currently be visited by my boyfriend who is a Namibian citizen. He came to visit and tour America as well as spend some much needed time with me. It is a few months from the end of his tourist visa and we find ourselves n...

    Maria’s Answer

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    The good news is that you and your boyfriend marry in the US, he will be able to remain and start and complete the permanent residence process here in the United States without departure (assuming you are a US citizen).

    It sounds like your boyfriend had the proper intent to be a legitimate tourist when he entered the United States and now that he is here, his intention is changing from tourist to intending immigrant. This is an important legal detail, because he'll need to collect evidence of his intentions at the time of entry as evidenced by his activities i.e. ticket stubs evidencing local touring, pictures documenting local sightseeing. This is ideal, since you want to avoid an accusation by the USCIS that he misrepresented his intent at the time of entry. In other words, you'll want to prove that he didn't know he was coming here to marry you when he entered the US.

    As a rule of thumb (supported by regulations), if you change your mind 60 days after entry, then the USCIS will not inquire about your intentions at the time of entry. So, I would avoid getting married or doing anything to pursue residence within 60 days of entry. If 60 days have passed since your boyfriend has entered, then you are free to pursue residence.

    In order to keep an unbroken chain of "lawful presence" the best situation is for the two of you to file for residence before the expiration date on his I94 card. The processing time from filing to interview in the Portland OR USCIS district office is running about 4 months. Historically speaking, that is exceptionally fast. Your now boyfriend/then husband will receive a work authorization 75-90 days after filing for work authorization provided he applies for it in the same package with residence.

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  • My wife is a US green card holder, i married her 5 months ago and have a Lawer to sort my work permit out, i am a uk citizen

    i am in the final stages of getting my work permit, and my wife asked me to leave, for no reason, i have been coming to the US for nearly 7 years, she treated me very bad, would give me no money, would not buy shopping leave me stranded with no tr...

    Maria’s Answer

    The situation you are describing is one that possibly constitutes the basis for a self petition based on either physical abuse or extreme mental cruelty.

    The VAWA law allows battered immigrants to petition for legal status in the United States without relying on abusive U.S. citizen or legal permanent resident spouses, parents or children to sponsor their application for permanent residence. For many immigrant victims of domestic violence, battery and extreme cruelty, the U.S. citizen or lawful permanent resident family members who would sponsor their applications will threaten to withhold legal immigration sponsorship as a tool of abuse. The purpose of the VAWA program is to allow victims the opportunity to “self-petition” or independently seek legal immigration status in the U.S. Victims of domestic violence, battery and extreme cruelty can file the Form I-360 self-petition simultaneously with Form I-485 directly.

    You'll want to be sure to collect any evidence you have of your spouse's extreme cruelty or physical abuse before departing the marital home.

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  • Could i get my green card again after i received denied paper?

    i got 2 years green card and i renewed 10 years one from 2 years one. It was denied one month ago because they told we were married fraud. We were real marry with love each other but he has changed his mine. We have lived together no more.However,...

    Maria’s Answer

    The consequences of a denial containing a finding of "marriage fraud" or "sham marriage" are very serious. The immigration law makes a finding of "marriage fraud" or "sham marriage" as fatal to all future applications for immigration benefits.

    So the first recommendation is that you need a competent lawyer who focuses only on immigration law to help you work out your next steps right away.

    The second recommendation is that you need to act quickly because you only have 30 days to file a Motion to Reopen or refile a new I751 before you can be placed in removal (aka deportation) proceedings.

    Finally, you will have to be ready to 1) point by point address the inconsistencies in your answers and back up your answers with documentation and 2) document that your marriage was legitimate and that your intention was to enter into the marriage in good faith. The strongest evidence is that you and your husband shared your money and that you lived together. Evidence can include: joint tax filings, joint bank accounts for all months you lived together, joint auto insurance, joint health insurance, joint lease or joint mortgage, driver's licenses showing you live at the same address, W-2's and paystubs showing that you both share the same address and any other evidence showing that you share your money and that you share your home.

    You must prove your case with objective evidence. Having said that sometimes secondary evidence like sworn affidavits can help piece together evidence that doesn't speak for itself. Ideally, your parents and his parents would provide sworn affidavits detailing your relationship and then the breakdown. Family members who have had a front row seat to a failed marriage can provide details and information that no other party can.

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  • Apart from India whete canF-1 stamping be dpne easily for COS from F-2 to F-1...???canada, mexico, bahamas??

    F-1 stamping COS

    Maria’s Answer

    The major benefit of home country visa processing is that if there is a delay i.e. §221 administrative processing, you are stuck at home waiting or you avoid being denied TCN (third country national) processing and then having to travel home.

    Having said that, both Canada and Mexico provide for excellent options for TCN processing. You can schedule using the appointment registration system or a private party like

    If you are successful and you don't have any delays associated with administrative processing then it can be quite fast and painless.

    You will need a visa to enter each of those countries and of course, the inquiry to your long term intent will be the same in any location around the world.

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  • I married my husband who is illegal, what can I do to get him legal?

    I have heard so many stories of them being punished and sent back to their country. I am a U.S. Citizen and married my now husband in Feb. 2011. I am trying to find out what I need to do to get him legal, but we are afraid he will be punished and ...

    Maria’s Answer

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    Your husband's path to residence will depend on whether he is eligible for adjustment of status. A spouse of a US citizen who entered the US legally i.e. with a border crossing card or with any visa or visa waiver is generally eligible for adjustment of status. If your husband entered the US without inspection, it is a totally different matter.

    If he entered without inspection (EWI), then we must review his background to determine if he is grandfathered under either the 1998 or 2001 245(i) law which may have resulted from an old failed residence application for him or by his parents. If he is protected by 245(i), then he'll be eligible for adjustment of status.

    If he is EWI and he is not grandfathered, then the next question is whether he is eligible for cancellation of removal before an immigration judge.

    Then finally, he is not a good candidate for cancellation, then you need to be positioning him to be eligible for a future extreme hardship waiver.

    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: 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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