Michael J. Schewe’s Answers

Michael J. Schewe

Newark Immigration Attorney.

Contributor Level 9
  1. Is it legal for a notary/non attorney to file I130/485 for immigration in New York?

    Answered over 2 years ago.

    1. Gintare Grigaite
    2. Michael J. Schewe
    3. Marc Damien Sean Taylor
    4. Deborah Lynne Karapetian
    4 lawyer answers

    A non-attorney can prepare documents so long as they report it on the form. It is unclear from your posting whether you initially believed the filer was a lawyer. This is considered unauthorized practice of law and is a national concern [http://www.stopnotariofraud.org/]. There should be ways in there to get help if that is the case.

    8 lawyers agreed with this answer

  2. If you report your boss and he retaliates, then you report this and the company does nothing, what can you do?

    Answered over 2 years ago.

    1. Michael J. Schewe
    2. Andres Rivera-Ortiz
    3. Daniel Christopher Knauth
    3 lawyer answers

    New Jersey is one of, if not the only, state in the country that has a "whistleblower" statute that includes private employees (the Conscientious Employee Protection Act, or "CEPA"). Depending on the facts of your case, if you reported conduct which you reasonably believed was "illicit" or "illegal," then were retaliated against, you may have a cause-of-action. I would review all the facts with an experienced employment attorney to decide whether it is in your best interest to proceed legally.

    8 lawyers agreed with this answer

  3. I was born here my wife came into US legally at 3, her visa expired. Been married 11 years and have a son. how do we renew?

    Answered over 2 years ago.

    1. Michael J. Schewe
    2. Rachel Sari Einbund
    3. Katie D.T. Sanders
    4. Dhenu Mitesh Savla
    4 lawyer answers

    You probably do not wish to renew her visa, unless you meant she came with a green card that expired. If not, you should petition for her green card on the basis of her marriage to a U.S. citizen, assuming she is eligible. I would suggest consulting with an immigration attorney to determine whether that would be an option.

    6 lawyers agreed with this answer

  4. Am i eligible for the new law passed by President Obama ?

    Answered over 2 years ago.

    1. Michael J. Schewe
    2. Neil Ian Fleischer
    3. Nicklaus James Misiti
    4. Gintare Grigaite
    5. Karen-Lee Pollak
    6. ···
    6 lawyer answers

    It is not a new law, but instead a directive. We have some idea of how the program will work, but expect more information in the next two (2) months or so.

    5 lawyers agreed with this answer

  5. I am deaf. I am international student. I am gay. My country has sodomy law.

    Answered over 2 years ago.

    1. Gintare Grigaite
    2. Michael J. Schewe
    3. Nicklaus James Misiti
    4. Neil Ian Fleischer
    5. Karen-Lee Pollak
    5 lawyer answers

    You may qualify for asylum is you can show that returning to your country would be dangerous. Consult with an experienced immigration attorney immediately, since asylum is a difficult case to prove.

    5 lawyers agreed with this answer

  6. Will a 2008 conviction for DUI and a 2012 conviction for disorderly conduct

    Answered over 2 years ago.

    1. Stephanie Scarborough
    2. Michael J. Schewe
    3. Luis Alberto Guerra
    4. J Charles Ferrari
    5. Jeffrey Adam Devore
    6. ···
    6 lawyer answers

    It would depend on what exactly you were convicted of and/or plead guilty to. I agree with my colleagues that the best course of action would be to obtain certificates of disposition and have an immigration attorney review the relevant criminal code sections to advise you of their effect, if any.

    5 lawyers agreed with this answer

  7. Can I bring a citizenship lawyer to my US citizenship interview?

    Answered over 2 years ago.

    1. Michael J. Schewe
    2. Inara Khashmati
    3. Luis Alberto Guerra
    4. Stuart D.P. Gilgannon
    4 lawyer answers

    Yes and yes. You are generally allowed to bring an immigration attorney with you to your interview. An attorney may make certain comments and provide documentation to the officer in some situations. Different offices handle this differently, but the general rule is that immigrants are allowed to have counsel at these interviews.

    Selected as best answer

  8. Would I qualify for the new Obama immigration law

    Answered about 2 years ago.

    1. Michael J. Schewe
    2. Neil Ian Fleischer
    3. Stuart D.P. Gilgannon
    4. J Charles Ferrari
    4 lawyer answers

    While the final rules have not been finalized, I agree with my colleagues that your last entry after age 16 may make you ineligible (also, there are education requirements proposed that you likely would not satisfy). Regardless, consult with an immigration attorney to discuss in detail your eligibility under the current proposal and your possible eligibility once the rule is finalized.

    4 lawyers agreed with this answer

  9. Marriage or k1 visa advise.

    Answered over 2 years ago.

    1. Luis Alberto Guerra
    2. Inara Khashmati
    3. Michael J. Schewe
    4. J Charles Ferrari
    5. Neil Ian Fleischer
    6. ···
    6 lawyer answers

    Fiance visa is an option, but if you want to get married in Ecuador there is no reason to waste time and money on fiance visa unless you need her to come to the United States right away. You can save some time by filing for the green card after you get married, but know that she will need to remain in Ecuador until it gets approved. Your best bet is always to have an immigration attorney advise you about the process and help you file all applications correctly to avoid unnecessary delays.

    4 lawyers agreed with this answer

  10. Immigration processing help

    Answered over 2 years ago.

    1. Eric M. Mark
    2. Michael J. Schewe
    3. Mordechai Elazar Book
    4. Khaja M. Din
    5. David Nabow Soloway
    5 lawyer answers

    You should request an appointment with USCIS to discuss these issues with an officer. This can be done by yourself or with the assistance of an attorney.

    4 lawyers agreed with this answer