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Matthew Rice Glinsmann

Matthew Glinsmann’s Answers

46 total

  • Very unusual N-400 situation!

    I had my citizenship interview a couple of days ago based on being a permanent resident for 6.5 years,I obtained my green card through marriage.I filed for divorce after about 2 years and 10 months coz ex was abusive, before I filed for divorce I ...

    Matthew’s Answer

    I tend to agree with the advice you have received. However, your case is not to be taken lightly (a little worrying is merited under these facts). Your facts could raise concerns for the USCIS regarding misrepresentations on your prior removal of conditions case (did you advise of the separation?) or on your Naturalization case, did you lie about making prior misrepresentations in your current application. (I know it sounds convoluted, but this is actually the thinking of some USCIS offices).

    If you want a reliable second opinion, you should schedule a consultation with a second experienced immigration attorney and bring your entire file. If your attorney that is confident in his/her position then they should not have a problem with that.

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  • How long does it take to get an approved upgrading i 130 ?

    i am a citizen. i applied i 130 for my spouse when i was permanet resident after i got my citizen i upgrade my case to sevice center i wanna know how long does my case take to be approved ?

    Matthew’s Answer

    After notification of the USCIS of your change of status, the approval should normally take about 3-4 months (based on current processing times) since this is the processing time for a case initially filed for the spouse of a US Citizen. Ironically, the USCIS may take longer to change the category of the visa then it would to process a new US Citizen-based petition in some cases. However, you may be able to push the case through faster if your wife is eligible for adjustment of status. If so, then she can file the adjustment of status case with the proof of the change in petitioner's status and a copy of the receipt notice for the pending case to get the case on the Immediate Relative track. My clients are receiving interviews in less than 3 months in some cases.
    Best of luck.

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  • Sponsor spouse through Green Card

    I am on H1B and will soon obtain my Green Card. I'll get married with a EU citizen. How long will it take to bring her to the States?

    Matthew’s 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 your green card is approved, your wife will have to wait for several years and will need to be separately sponsored.

    An experienced immigration lawyer can make this a much simpler process and avoid delays.

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  • Is is possible for me to remain in the States until I receive my green card?

    My sister , who is a U.S citizen, applied for me last year May 09. I am presently in touch with immigration to change from J1 to f1. I however am interested in knowing if my sister can file an affidavit of support for me so that I do not have to ...

    Matthew’s Answer

    4th Preference Visa Has Long Wait: Your sister sponsored you as a fourth preference Family-Based immigrant visa. This category currently has about a 10-Year wait before you will be eligible to receive a green card based on her petition. (The Dept. of State lists the waiting period for each category of visa in the Visa Bulletin each month at http://travel.state.gov/visa/bulletin/bulletin_1360.html .)
    Non-Immigrant Visas and Immigrant Visas Don’t Mix (most of the time): Most non-immigrant visas, including J, F, B, and others, require “non-immigrant intent,” a showing that your visit to the US is temporary and you have the intent to return to an un-relinquished home outside the US. On the other hand, immigrant visas (green card visas) require “Immigrant Intent,” a showing that you intend to come and stay in the US on a permanent basis. There are a few non-immigrant visas that permit dual intent – they permit such as H and L visas. Generally, the US Government does not look favorably on cases where applicants indicate both immigrant and non-immigrant intent (ignoring the practical reality and legally correct position that one could come for a temporary purpose and be open staying permanently if they can legally do so). For this reason, caution and thoughtful strategy must be used when considering non-immigrant applications, extensions or changes of status and the filing of immigrant visas petitions. You must also avoid any implication of misrepresenting the facts of your case and may have to disclose the fact that your sister has already sponsored you for a greencard.
    Change of Non-Immigrant (F) Status: Among other requirements, requesting a change of non-immigrant status requires the following:
    • Compliance with your prior nonimmigrant visa
    • No unauthorized employment
    • Apply for the extension prior to expiration of your prior visa period
    • Proof of eligibility for the new visa (F student must show acceptance into the school and an I-20)
    • Proof of on-going non-immigrant intent
    • Proof of ability to support yourself and pay the costs of the intended activities without a violation of status (F students must show they can pay for housing, food, living expenses and tuition without working without authorization). Your US Citizen sister and her husband may be able to provide an affidavit of support and proof of assets and income for this purpose.
    Some other important issues to consider in your case include:
    • Is your J visa subject to a 2 year foreign residency requirement
    • Is there any chance the USCIS could find misrepresentation in your prior applications or entries into the US (J visa application)?
    • Did you comply with your J visa?
    For the above reasons, I recommend that you consult with an experienced immigration attorney.

    Matthew R. Glinsmann
    GLINSMANN & GLINSMANN, CHARTERED
    IMMIGRATION LAW
    12 Russell Avenue │ Gaithersburg, Maryland 20877

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  • 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!!!

    Hello ! I have a complicated situation I'm not sure if I have to still get a green card. I 've been living in the U.S FOR THE LAST 9 years and my green card got stolen in the end of last year it wasn't gonna expire till 2014. But still I didn't ge...

    Matthew’s Answer

    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 green card as soon as possible.

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  • Green card pending, wife got citizenship

    My application for green card has been pending for 2 years, but my wife just got her US itizenship. Can we adjust status based on her US citizenship or just wait until i get my GC which may take longer than 3 years (marrying US Citizen) before ap...

    Matthew’s Answer

    I will attempt to answer your question, but the relevant facts are not clear.

    From your question, I will assume that you are either entered the US with a valid visa and/or are in a valid non-immigrant status, have no criminal record and are otherwise admissible; the sponsor can demonstrate sufficient income; there is no prior fraud or misrepresentations; you are not subject to any foreign residency requirements, you have not been removed or excluded before; etc. I will further assume that your wife is a US Citizen and that you were not married to her when her green card was approved. These assumptions (as well as others) may or may not be correct.

    Based on these assumptions, your wife's I-130 petition that was filed on your behalf can be changed to an immediate relative petition - giving you an immediate visa. In other words, you would be eligible to file for adjustment without delay.

    A note of caution: You should certainly contact an experienced immigration attorney to review your specific facts and eligibility. There are us too many potential pitfalls to proceed with your case in the dark.

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

    My wife (green card holder) filed I130 for me (beneficiary) on 1st week of Jan 2008. It got approved in Sep 2008. My priority date is Jan 14, 2008. The approval letter (I797) mentions : Notice Type- Approval Notice Section: Husband or wife of ...

    Matthew’s 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 when your priority date is current (Family-based category 2A).

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  • Status adjust

    hello, I would like to know how what is the procedure for adjustment of status, having married with a permanent resident and i have a B1/B2 visa and having come to usa , what I need to do when I'm there, thanks

    Matthew’s Answer

    Your question does not provide enough facts for a complete analysis of your case. You may have several good options depending upon your facts. While the previous answer may (in the end) be the correct, you will not know this until an experienced immigration has reviewed all of your facts and considered all of you options.

    Don't give up that easy!

    Matthew Glinsmann
    Glinsmann Immigration Lawyers
    12 Russell Avenue
    Gaithersburg, MD 20877
    Schedule a Free Consultation at www.Glinlaw.com or by calling (301) 987-0030 ext.1

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  • Entered with k1,married w/in 90 days,Had baby of husband,late with Permanent residency, received WIC & Prenatal prtnership/ bad?

    my wife was here in the summer on a visitor visa, she got pregnant...we had already applied for k1 and it got approved. when she came back we got married w/in 90 days and she gave birth to our daughter. The wedding judge told us to wait for immi...

    Matthew’s Answer

    The fiancée visa requires the marriage to occur within 90 days, but the Adjustment can accur after the 90 days have passed.

    Specifically, the relevant section of the law states:
    214.2(k)(6)(ii) Nonimmigrant visa issued on or after November 10, 1986. Upon contracting a valid marriage to the petitioner within 90 days of his or her admission as a nonimmigrant pursuant to a valid K-1 visa issued on or after November 10, 1986, the K-1 beneficiary and his or her minor children may apply for adjustment of status to lawful permanent resident under section 245 of the Act. Upon approval of the application the director shall record their lawful admission for permanent residence in accordance with that section and subject to the conditions prescribed in section 216 of the Act.

    Acceptance of WIC benefits is not generally considered recent of public benefits to the mother, but rather for the child's benefit. Therefore, this would not normally prevent a woman from receiving her Green Card. The details are important.

    These are important issues and must be presented in an up-front manor, but in a way the does not invite delays and unnecessary inquiry into a range of issues. For this reason, an experienced attorney can be very helpful and help to achieve a rapid and uneventful approval of your green card.

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  • Citizenship oath

    I had my citizenship interview on 11-19-09,i passed and get the oath letter same day, but 2 hours later they call me and said do not come for oath today,coz they need more docoments. after 6 months i recived form N-14.very next day i sended back...

    Matthew’s Answer

    In most Baltimore District office cases, you will hear back in 7-120 days (sometimes longer). Approvals are more likely to be received quickly and denials or requests for evidence tend to take longer. I think the likelihood of a denial or request for additional documents increases substantially after 60 days have passed.

    If you did not use an experienced attorney, you may want to have one review your case to determine if there are significant issues.

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