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Matthew Rice Glinsmann

Matthew Glinsmann’s Answers

46 total


  • 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?

    I consult a lawyer today about it and he told me I can apply for a reentry permit and dont lost my right to apply for a citizenship, I have been reading and I have found an absence for more than 6 month can affect my elegibility for a citizenship...

    Matthew’s 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 Requirement. The first concern for long absences is the possibility of losing your Green Card (residency). Absences of longer than 6 months can lead to questions regarding your ongoing intent to be a US resident while absences from the US of over one year may lead to a presumption of abandonment. A re-entry permit will permit you to leave the US for up to two years without automatically abandoning your residency. However, the permit must be applied for while you are inside the US. While this will likely avoid most questions regarding ongoing intent to be a US resident, a Reentry permit does not guarantee such a determination. In addition to an approved reentry permit, you should have a good explanation for why you are leaving for such a long period which is essentially temporary in nature (e.g. temporary employment position, course of study, sick relative, etc) and you should continue to hold your self out as a US resident; maintain a US home address and continue to file US Taxes as a resident at all times. I most often see clients get into trouble when they try to claim foreign residency for purposes of taxes, retirement or pension reasons.

    2) Naturalization - Continuous Residency & Physical Presence for the Statutory period (3 or 5 years). Naturalization requires continuous residency in the US. An absence of over six months breaks that continuous residency requirement and starts the clock over again on your naturalization eligibility period unless you have a re-entry permit. Even if you have a re-entry permit, an absence of over one year will break the continuous residency requirement except in limited cases (e.g. the applicant has at least one year of uninterrupted physical presence in the US and has an approved I-470 application based on certain foreign employment. Therefore, you should plan trips back to the US at least once every six months if you want to avoid re-setting the continuous residency clock in most cases. Naturalization also requires that applicants also spend at least 50% of the statutory period (again 3 or 5 years depending on the case) physically present in the US. In other words, applicants must count and add up each an every day they have been out of the US during the statutory period, document each entry and exit to demonstrate that over 50% of their days were spent physical present inside the US. You should not apply for Naturalization even a day early or the USCIS may deny your application. Conservative calculations will count every day of travel outside the US, but I have helped clients get approval on less conservative (more technical) calculations.

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  • Voluntary Departure

    My friend came with a F1 visa in the U.S.He is in a federal prison because it was involved in a federal crime consisting of giving state ID to illegal immigrants. Now, he's about to be deported.Next month he has to meet with the judge to sign th...

    Matthew’s 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.

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  • Intervew

    I recently did my immigration intervew. Its been 3 weeks and still hav't recieved any notice

    Matthew’s Answer

    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 attorney. It is almost always better to document issues that may be of concern to the USCIS before the USCIS raises a problem. The USCIS is fond or accusing applicants of misrepresentation based on the failure to disclose material facts. In some cases the failure to disclose itself is the reason for a denial rather than the fact itself. An attorney can help you figure it out.

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

    i was scheduled an interview and i missed the date. is there a way out for me?

    Matthew’s Answer

    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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  • Can I withdraw an approved immigrant petition?

    My parents immigrant petition has already been approved and they are currently still waiting for their visa due to additional documents required from my mother. My father is already cleared with all his documents. Due to problems concerning my mot...

    Matthew’s 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 request for an immigrant visa (residency), the US government is likely to view your mother as having “Immigrant Intent” (the intent to come to the US permanently). In order to enter into the US as a visitor, she must have “Non-Immigrant Intent” (intend to enter only temporarily and to return home). The withdrawal of the petition will often not convince the US Government that your mother now has suddenly changed her intent. In most/many cases, she will be denied entry into the US as a visitor (even if she has a current approved visitor visa in her passport).

    SOLVE THE PROBLEM. If she has a problem with her case, the best course of action is often to solve that problem directly.

    When in doubt, consult with an experienced immigration attorney.

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

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

    Matthew’s Answer

    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

    When to File (Divorced). You are normally required to jointly file the I-751 with the sponsor. However, you may file the I-751 on your own if you are 1) divorced and 2) request a waiver of the joint filing requirement typically with strong evidence that the marriage was bona fide at the time it was entered into. KEY ISSUE: Make sure you don’t fall into the trap of allowing the divorce complaint to include a false separation date (e.g. earlier than the actual separation) and if the separation date in the divorce complaint indicates a separation prior to (or close in time) to the approval of the residency, the USCIS is likely to accuse you of fraud and your immigration is at risk. ATTORNEY STRONGLY RECOMMENDED An attorney’s help is strongly encouraged in this set of facts.

    When to File (Separated or Sponsor Not Cooperating). If you are separated but not yet divorced, you may file the I-751 jointly with your spouse if they are cooperative. Be sure not to lie about the facts of your case. You need to be up front with the fact that you are separated. Failure to do this will surely result in a claim of fraud and jeopardize everything you are trying to accomplish. If the sponsor is not cooperating, you may not be eligible to file the I-751 on your own unless and until you are divorced (a problematic issue for many). ATTORNEY STRONGLY RECOMMENDED - Definitely consult with an attorney if this is the case.

    Can I Travel. Conditional residents can always travel. Once the I-751 is filed, the USCIS will issue a receipt notice including a written extension of your conditional resident card for one year. However, as a practical matter, you will want to avoid travel until after you have appeared to your biometrics appointment. NOTE: Travel always involves risks. You should consult an attorney to review your particular facts and the strength of your case prior to travel. Traveling is particularly concerning if you have been arrested, charged with any crimes, you have weak evidence, you filed the I-751 late or your case involves weak evidence or other concerning issues.

    When in doubt, consult with an experienced immigration attorney.

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