Stuart Jonas Reich’s Answers

Stuart Jonas Reich

New York Immigration Attorney.

Contributor Level 19
  1. Is 245 (i) open again and if not when will it re-open for people to apply?

    Answered over 5 years ago.

    1. Stuart Jonas Reich
    2. Scott Douglas Devore
    2 lawyer answers

    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

  2. What happens to an immigrant's status if they get divorced 1 year after getting married to a U.S. citizen?

    Answered almost 6 years ago.

    1. Elaine Carol Schneider
    2. Stuart Jonas Reich
    3. Chris Edward Gafner
    4. Danielle L C Beach
    4 lawyer answers

    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 account of the divorce becoming final. In the three-month window before the two-year Conditional Permanent...

    4 lawyers agreed with this answer

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  3. Will an illegal immigrant marrying a US citizen need a lawyer to file for a green card?

    Answered almost 6 years ago.

    1. Jack C Sung
    2. Stuart Jonas Reich
    3. David Matthew Zaritzky Brown
    3 lawyer answers

    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"...

    21 people marked this answer as helpful

  4. If I say DIVORCED in my I-485 do I have to provide marriage and divorce certificate? Can I just say single instead?

    Answered over 2 years ago.

    1. Stuart Jonas Reich
    2. Philip Alan Eichorn
    3. Karen-Lee Pollak
    4. Reza Athari
    5. Luis Alberto Guerra
    5 lawyer answers

    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.

    8 lawyers agreed with this answer

  5. Benefit /marriage fraud

    Answered 9 months ago.

    1. Stuart Jonas Reich
    2. Jay Ignacio Nunez
    3. KiKi Maria Mosley
    4. F. J. Capriotti III
    5. Aneliya M. Angelova
    5 lawyer answers

    I agree with my colleague - you have several potential problems here, and need to speak with a qualified attorney. If entering as a visitor, with the requirement of intent to return home rather than stay, there are certain legal presumptions of fraud of you do something inconsistent with that intent within a certain period after entry. Further, your spouse will need to sign an affidavit of support showing sufficient income or assets to support you - the number he must meet gets higher as...

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  6. Green Card Holder's Maximum Time Allowed to Stay Abroad

    Answered over 5 years ago.

    1. Stuart Jonas Reich
    1 lawyer answer

    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

  7. Is there a chance for me to remove the condition on my green card after my divorce?

    Answered 10 months ago.

    1. Stuart Jonas Reich
    2. Steven Sahag Vosbikian
    3. Giacomo Jacques Behar
    4. F. J. Capriotti III
    4 lawyer answers

    I sounds like you already know that this is possible based on a good faith waiver. This requires enough evidence that the marriage was bona fide (real), and that you already be divorced (so, timing is a factor). You need to speak with a qualified attorney directly to determine what might be available to demonstrate that the marriage was real, and to determine what time-frames you are working with (when exactly is your window to file the removal of conditions, and how soon you will have a...

    5 lawyers agreed with this answer

    2 people marked this answer as helpful

  8. Validity of H1 on transfer

    Answered 8 months ago.

    1. Stuart Jonas Reich
    2. Maria J. Marty
    3. Ajay Kumar Arora
    3 lawyer answers

    Depends how much H-1B time you have left. If you have three years or more remaining of the initial allowable six years (or are eligible for post-sixth-year extensions), the new employer can ask for a full three years on the new approval (not more). Speak with an attorney for further guidance on your H-1B.

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  9. Can joint sponsors help 100% income if sponsor herself has no income at all?

    Answered 8 months ago.

    1. Scott Thomas Helsper
    2. Alexander Joseph Segal
    3. Jennifer Sheethel Varughese
    4. Stuart Jonas Reich
    5. Stephen D. Berman
    6. ···
    6 lawyer answers

    I agree with my colleagues - they can, even if you as sponsor have no income at all - as long as they meet the income or asset requirements for a household of THEIR size, are citizens or permanent residents, and live in the US. For more info on Joint sponsorship, see: http://www.avvo.com/legal-guides/ugc/joint-sponsorship-legal-guide

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Married for two years and got 2 years of temporary green card and abused .Can my friend get permanent resident still.

    Answered 9 months ago.

    1. Stuart Jonas Reich
    2. Carl Michael Shusterman
    3. Nicolas Andres Olano
    4. Kristin D Figueroa-Contreras
    4 lawyer answers

    She would still need to apply to remove conditions - she can do this alone in one of two ways. Either she proves the abuse (here it doesn't matter whether the couple are divorced or not, but proof is often an issue - we don't know what the police report says, if she can get it, or if there were multiple instances that can be proven), or 2) Prove that the marriage was "bona fide" - a real marriage that simply didn't work out (often easier to prove, but requires that the couple be divorced for...

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