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Matthew Rice Glinsmann

Matthew Glinsmann’s Answers

46 total


  • I need a immigration lawyer

    hey, i am planning on getting married , and the young gentleman i am marrying has some misdemeanors from 10 years ago. Will that be a problem when i am filing.

    Matthew’s Answer

    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.

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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

    can i leave the country since i have my advance parole now. thank you.

    Matthew’s Answer

    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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  • I-130 Interview Baltimore Local office (Spouse Overseas)

    Interview – went well- but problem. Married in april 2002 with US citizen for 5 years. Green card Aug, 2005(non conditional).Divorced 12th Jan, 2008. Interviewer “I have no doubt about your present marriage-any documents proving pervious marriage ...

    Matthew’s Answer

    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.

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

    I would like to know if a B1/B2 visa (10 years multiple entry) can be adjusted into a green card if sponsored by my sister who is a US citizen. Waiting for your valuable suggestions. Ash.

    Matthew’s Answer

    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 December 2000). It gets complicated. Its time to see an experienced immigration attorney to review your eligibility.

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

    I came here with K-1 and got divorced before I-751 complete. Now my I-751 waive is still pending. I re-married and would like to know if my currently u.s citizen spouse can file I-751 for me after the final decision on I-751 waive was negative ?

    Matthew’s Answer

    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 evidence and documentation related to the first marriage. Your new spouse is not able to help you with this. If your case fails and the USCIS determines that the first marriage was fraudulent (a sham), then you will be inadmissible in any future case (including a petition filed by your current US Citizen spouse). So it is important that you do a good job with your case now.

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  • I lost my greencard but i am qualified to apply for citizenship. should i just apply for citizenship or apply for replacement GC

    i lost my greencard but i am qualified to apply for citizenship. should i just apply for citizenship or apply for replacement GC

    Matthew’s Answer

    In general, you do not need to file for a replacement card before filing for Naturalization. You should consider your specific facts, including, but not limited to your need to travel or to document employment authorization, and the strength of your Naturalization case before deciding whether or not to file.

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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

    I came to the U.S December of 1997 but overstayed my time. My employer filed a labor certification dated April 30th 2001. On April of 2005 when I asked my employer if she had received a letter from the DOL, her response after thinking about it bri...

    Matthew’s Answer

    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.)

    245(i) only serves to allow you to adjust status in the US by paying a $1000 penalty fee if you are not in valid status and/or worked without authorization. However, you willl still need a valid immigrant visa to serve as the basis of your green card case. There are a host of additional issues to consider before filng any case. A comprehensive evaluation of your options is advisable.

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  • Can I ever enter the US again?

    I am the wife of a US citizen for the past 4 years. My husband applied for a immigrant visa for me shortly after we were married while I was in the US on a multientry business visa, which I've had and renewed for years. This green card application...

    Matthew’s Answer

    Making several assumptions, the answer to your questions is probably Yes, as long as you can prove that your marriage is bona fide, you are not subject to a 3 or 10 year bar to reentry and you have the support of a US resident or citizen with income sufficient to support a affidavit of support. As for your husband's tax issues, additional details and research are needed to give you a reliable answer.

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  • Once a B-1/B-2 visa is revoked, what actions should be taken to better your chances in getting approved for a new visa?

    My friends B-1/B-2 visa was revoked for suspected abuse approximately 4 years ago. The last time she applied for a new visa in 2008 she was denied with no specific reasons. She was given a general denial letter.

    Matthew’s Answer

    Unfortunately, the honest answer to your question is that visitor visas are almost entirely granted or denied on discretionary grounds and therefore a later approval after a revocation of a B-1/B-2 is unlikely. What can you do? That depends on the facts of the case. Any discussion should look at all of the facts and objectives. Perhaps there is another option that does not include a B visa.

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  • I 485 denied after 5yrs but i appealed and now my work authorization is being revoked

    i came into the US from Nigeria with a tourist visa in 2002, but i overstayed.in 2004 i got married to an american citizenn in 2005 applied for green card. i was called for a lot of interviews wch i and my husband went for. but in september 2009 w...

    Matthew’s Answer

    Its not too late, but your case will take lots of work and the intervention of an experienced immigration lawyer. If your I-130 has been denied, you will need to re-file it right away. You will be able to file a new Adjustment of Status only if you have not been placed in removal. Once you are in removal, you will need to adjust before the immigration court.

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