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Stuart Jonas Reich
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Stuart Reich’s Answers

3,357 total


  • File I-130 for spouse while removal proceeding

    Hello, My wife is a green card holder however in her last visit to US, her green card was taken away at the airport by immigration officer due to over stay abroad. While she went to US we were planning to move there permanently. Our aim was to ...

    Stuart’s Answer

    Your lawyer presumably had more information than this when advising on that course of action. If you want a second opinion, you should consult an attorney directly - we would need to know much more to properly advise you - among other things, the reason you and your wife were overseas for so long, other ties to the US beyond her family here, etc.

    Speak with an attorney directly for further information.

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  • Job creation requirement time deadline in eb 5 applications?

    What is the time deadline for creating 10 jobs in EB 5 applications for green cards?

    Stuart’s Answer

    I strongly agree with my colleagues here - if you are exploring an immigration option that will require you to invest at least $500,000 and perhaps $1,000,000 and leave this invested for a period of time, you should at least be willing to spend a couple of hundred to get a valid opinion form a qualified and experienced attorney.

    Consult an attorney directly.

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  • What in your opinion determines a "formal marriage fraud finding" ?

    is there specific case law referenced, or what language in a Denial or Notice To Appear, would alert one as to an official marriage fraud determination ? The type that bars you from seeking any future immigration benefits.

    Stuart’s Answer

    If you've had a marriage case denied, you need to have an attorney review your paperwork for the denial.

    Consult an attorney directly.

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  • Husband of a green card holder

    Hi , my brother is going to marry a girl who is greencard holder after marriage do my brother will get the green card or he has to wait until his wife becomes a citizen of US ?

    Stuart’s Answer

    This is really more complex than can be answered here, and your brother needs to consult an attorney. He wouldn't automatically get anything - either way there is a process to complete, if that's even possible.

    A permanent resident can petition for a spouse, but 1) this takes a very long time, and 2) the spouse of a permanent resident isn't forgiven for lapses in status or unauthorized employment in the same way that the spouse of a citizen essentially is - so they may not be able to process for the green card in the US and may have trouble going abroad to do so, depending on their immigration history.

    Have you brother and his new wife speak with an attorney.

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  • Can a legal Immigrant be deported if they wish to return to their country?

    I want to return to London,UK where i live but i can't afford a plane ticket. I am currently legally in Canada but wish to return. Is there anything i can do?

    Stuart’s Answer

    Agree with my colleague - if you are legally in Canada, this concerns Canadian law. this site is primarily for US immigration law matters, and most of us are only licensed in the US.

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  • I have I-485 pending since 05/15 in TSC filed under EB3 ROW. Would move to EB2 make sense now? Retogression expected? Merits?

    I-140 approved, FP'ed and PD Sept 2014

    Stuart’s Answer

    I agree with my colleague - this requires a far more complex analysis then we can do with just the limited information here, and you need to consult the attorney handling your case (and/or seek a second opinion form another attorney).

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  • My H-4 extension is pending now. Could I submit my 485 application with my husband?

    I filed my H-4 extension (539 form) in April before my H-4 is expired. Now the application is still pending and my H-4 is expired. Now, my husband is filing his 485 application. Can I file the application with him or I have to wait until H-4 exten...

    Stuart’s Answer

    With a timely filed extension (one filed before the expiration date of the I-94 currently in force), you can file the I-485 even before approval as long as the extension application remains pending up through the time the I-485 is received. You wouldn't need to wait for approval.

    Consult an attorney directly for further guidance.

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  • Is there any chance to have the citizenship interview in a US embassy in Europe?

    I have my citizenship interview scheduled in 3 weeks. For professional reasons the entire family move to Europe last june, and I have a little baby who must fly with me since I'm breastfeeding to go to the interview. I wonder if is there any possi...

    Stuart’s Answer

    No, to my knowledge there is no facility for conducting a naturalization interview abroad - but I think you may have other issues here.

    strongly suggest speaking with an attorney before moving forward with the application.

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  • Time needed to file H1b petition after receiving the LCA approval. My options, if the petition is not filed on time.

    I am right now on my opt grace period of 60 days. An employer is preparing documents to file for an H1b for me. LCA notice has been posted on 21st July, 2015. I have been told that they will take down the notice on 4th August and af...

    Stuart’s Answer

    I agree with my colleague in that it's unclear whether you are cap subject or if you have previously been counted toward the H-1B cap and so can get another H-1B now. At this stage, all fiscal year 2016 H-1bs are gone, with the next batch not available until October 1, 2016 (filing for these would open April 1, 2016.

    If you had a previous H-1B and simply switched to an F-1 for an advanced degree program, and so can switch back, this may yet be a viable petition.

    An LCA needs to be approved before the H-1b can be filed - not clear if the LCA has been filed/approved yet; it can be filed as soon as the posting period starts (no need to wait the ten days) and usually takes about eight days for approval. Not knowing this, hard to say whether you have enough time.

    The petition need to be in USCIS' hands to be considered filed - mailing isn't sufficient, but neither do you have to wait for the Receipt Notice to show up. If filed timely (received in time), and a change of status has been requested, you can stay [but not work] while the petition is pending.

    If not filed in time, you would likely need to leave to get the visa stamp after approval and return anyway; so the question of remaining after the grace period is sort of academic here.

    Consult an attorney directly for additional guidance.

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  • I have my Masters degree from India & 11 years experience in IT field. Am I eligible for EB2 category ?

    Hi all. I have my diploma in Mechanical ( 2 yrs) , Bachelors in Mechanical (3 yrs) , Masters in Computer Science (2 yrs) and 11 years experience in the software industry . Am I eligible for EB2 category ? I did my Masters in India. Is it...

    Stuart’s Answer

    Not required that the Master's be from the US, but there are very complex requirements and rules in the green card context for when degrees are recognized as what they're called. There are many issues surrounding three-year degree programs from India; much will depend on how the school's programs are viewed and what can/can't be combined for equivalency purposes. Even if the degrees don't meet the requirements for an EB-2 job, your work experience may if progressively more responsible in nature.

    Incidentally - and this may seem like just being picky with words, but there's a real distinction here - the question is really whether a particular job is eligible for EB-2 as having sufficient minimum requirements - and then whether you qualify for such a job given your degrees and experience. Not really any such thing as whether an individual qualifies for EB-2; it's the job that does or doesn't qualify for EB-2, and then the separate question of whether the person qualifies for the job. A person may have a US Master's degree, but if the job being offered doesn't require a Master's/Bachelor's plus five years' progressively more responsible experience as a minimum requirement, it isn't an EB-2 case.

    Consult an attorney for further guidance on this.

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