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Stuart Jonas Reich's Answers
Contributor Level 19
- 3,040 Legal Answers
- 19 Legal Guides
2
Attorney answers:
Is 245 (i) open again and if not when will it re-open for people to apply?
245(i) was the provision that allowed people in the U.S. without status to Adjust Status to Permanent Residence inside the U.S. without leaving simply by paying a fine if an approvable-when-filed immigrant petition or labor certification had been filed before April 30, 2001 (that date that this law expired). It has NOT been renewed since it expired in 2001, and it really isn't very likely, in this lawyer's opinion, that it will come back in exactly its old form any time soon. This law...
26 people marked this answer as helpful
1
Attorney answers:
Green Card Holder's Maximum Time Allowed to Stay Abroad
The answer isn't really as simple as "how long" - overall it isn't a question of time spend abroad by itself; there are other factors, with time abroad being only one part of it. The question is: what would cause a determination that a person has "abandoned" a green card - a determination made when the person tries to come back to the U.S. based on the officer's determination of the person's subjective intent. This is a fancy way of saying "what the officer thinks you were thinking" with...
19 people marked this answer as helpful
5
Attorney answers:
If I say DIVORCED in my I-485 do I have to provide marriage and divorce certificate? Can I just say single instead?
No, you need to be truthful and state divorced, providing at least the divorce decree (though you can often get by without the marriage certificate for a terminated marriage.
7 lawyers agreed with this answer
3
Attorney answers:
Illegal immigrant (overstayed visa) getting married to a US citizen.
Even in the "cleanest" case prepared correctly, all sorts of things can go wrong on the USCIS end - but here we don't actually know whether this is a "clean" (problem-free) case or not. At the very least, the couple needs to sit down for a consultation with a qualified immigration lawyer to determine what, if any, problems might exist. The fact that the wife overstayed her visa doesn't necessarily mean the case will be a problem. As long as she entered legally with a visa (was "inspected"...
17 people marked this answer as helpful
4
Attorney answers:
What happens to an immigrants status if they get divorced 1 year after getting married to a U.S. citizen?
You need to speak with a lawyer about the nature of your current status and the future of this status. Generally, if you were married for less than two years at the time of your marriage-based green card interview, what you would receive is Conditional Permanent Residence - permanent residence that has all the benefits of regular permanent residence but lasts only two years. Normally, nothing will automatically happen to invalidate this Conditional Permanent Residence status simply on...
11 people marked this answer as helpful
2
Attorney answers:
I am a L2 visa holder, can my employer apply and or sponsor me for a greencard or H1B visa
Many complexities here, and many things that you will need to speak with a qualified attorney in order to determine. I'll stick to your numbering system, for clarity's sake: 1a. Yes, your employer can begin the green card process for you because the L category allows dual intent - the intent to be here temporarily on a nonimmigrant visa while eventually intending to get permanent residence and remain permanently. Length of time it will take depends upon method used to file, and this...
12 people marked this answer as helpful
7
Attorney answers:
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US Green Card holder marrying illegal immigrant in France
Tough situation, and you need to speak with an attorney. First, you can't apply for a fiance visa for him when you are a permanent resident (only a citizen can apply). also, the process for a spouse of a permanent resident is very long. On the other hand, being illegally in France doesn't impact his legal status in the U.S. Question is, can YOU get U.S. citizenship? May make the most sense for you to apply to naturalize as a citizen, and then apply for a fiance visa or green card for...
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2
Attorney answers:
Can a person seeking a F1 visa apply via green card lottery
Talk to a lawyer about your case before doing anything - in part to clarify your question. I agree that if you are here in valid F-1 visa status, you can in most cases legally apply for the lottery (if this is what you were asking) - but there may in some instances be risks and/or consequences to doing this concerning travel and in some cases there might be issues concerning the timing of your most recent entry. If you were asking if you can use the lottery to apply for an F-1, then you can't....
7 people marked this answer as helpful
2
Attorney answers:
Can I sponsor an immigrant that is a non-family member
It isn't entirely clear what you mean here by "sponsor" - do you simply mean providing financial support as a joint sponsor on an Affidavit of [financial] Support, or do you actually mean sponsoring someone's immigration case? In either event, I recommend speaking with an immigration attorney - even for financial-only sponsorship, there are two possible forms, with one carrying very serious legal obligations for the sponsor. If you are discussing something more than just providing...
10 people marked this answer as helpful
4
Attorney answers:
Overstayed my visa In America. Leaved US 2 month ago, now I wont back to Amerika. What I need to do?
Sorry to hear about your situation; not easy, and I agree with my colleagues that there is a great deal going on here and you need to consult an immigration attorney. One thing though: while normally an overstay of a year or more followed by leaving would subject you to a ten-year bar to coming back, you might not be subject to this. You say you were on a student visa - if you have evidence that you were admitted as an F-1 student for "duration of Status" ("D/S' marked on your I-94 card...
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