Stuart Jonas Reich’s Answers

Stuart Jonas Reich

New York Immigration Attorney.

Contributor Level 19
  1. What does a business require to sponsor employees via E3 visas?

    Answered 9 months ago.

    1. Carl Michael Shusterman
    2. Stephen D. Berman
    3. Alexander Joseph Segal
    4. Stuart Jonas Reich
    5. John Michael Phillips
    5 lawyer answers

    This is probably a bit more complicated that we can answer here, but I'll try to give a little intro information. We don't really speak in terms of the company being qualified - there are no absolute rules. However, it must be obvious that the job offer is a real one - that there is a real company doing business in the field it says it is, that income/capitalization is sufficient to meet the prevailing wage requirement and still continue on in that business (paying any other employees and...

    7 lawyers agreed with this answer

  2. How long do i have to wait to file a petition for my spouse and my baby, after getting a green card ?

    Answered 9 months ago.

    1. Alexander Joseph Segal
    2. Stuart Jonas Reich
    3. Jeffrey Adam Devore
    4. Kristin D Figueroa-Contreras
    5. Shahzad Ahmed
    6. ···
    8 lawyer answers

    There is no waiting period - you can file right away. The question is whether it'll do much good - spouses and minor children of green card holders are family 2A category, which means that in order to get a green card while here they need to have maintained status from entry (there are some rare exceptions). There will be something of a wait in their cases no matter what. Speak with an attorney for further guidance on what this involves/the best way to go about this.

    7 lawyers agreed with this answer

  3. I want to file a Immigration pettion for my stepfather. Can he legally adopt me? so I can file for him?

    Answered over 2 years ago.

    1. Neil Ian Fleischer
    2. Stuart Jonas Reich
    3. Caro Marie Kinsella
    4. J Charles Ferrari
    5. Luis Alberto Guerra
    5 lawyer answers

    There is no way you can file for him individually at this point - the marriage creating the relationship would need to have happened before you turned 18. Your mother's petition for him may actually take much longer than two years - speak with an attorney.

    7 lawyers agreed with this answer

  4. I am a L2 visa holder, can my employer apply and or sponsor me for a greencard or H1B visa

    Answered about 6 years ago.

    1. Stuart Jonas Reich
    2. David H Nachman
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

    12 people marked this answer as helpful

  5. Eb-2 i485 SR Response

    Answered 9 months ago.

    1. Stuart Jonas Reich
    2. Alexus Paul Sham
    3. Jessica Hargis
    4. Alena Shautsova
    5. Ksenia Alexandrovna Maiorova
    6. ···
    6 lawyer answers

    Not necessarily - just means that they have your case, but don't know when they'll get to it. Visa number must have at least been available when the case was filed, or an I-485 won't be accepted for filing. Availability can and sometimes does "retrogress" - goes backward where visas are no longer available after filing. the case won't be denied - it would be kept pending - but couldn't be approved until visa numbers are again available in the category filed. A visa isn't normally...

    5 lawyers agreed with this answer

  6. Instead of filing H1 can they file directly green card for a company and how soon will that green card will come if its current?

    Answered 4 months ago.

    1. Stuart Jonas Reich
    2. Alexander Joseph Segal
    3. Daniel Patrick Hanlon
    4. Tripti Sharad Sharma
    4 lawyer answers

    The answer to your first question is that yes, it's in theory possible to go straight to an employment-based permanent residence filing without first being in the US on a temporary (non-immigrant) visa). The answer to your second question - how long it takes - is the reasons why almost nobody actually does this. It can take, many, many years to process such a case, even if EB-2 and even if EB-2 is current - a Labor Certification will normally be required first, often taking six months to...

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  7. US Green Card holder marrying illegal immigrant in France

    Answered over 2 years ago.

    1. Stuart Jonas Reich
    2. Neil Ian Fleischer
    3. Karen-Lee Pollak
    4. J Charles Ferrari
    5. Kevin Lawrence Dixler
    6. ···
    7 lawyer answers

    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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  8. TN and investment in business

    Answered 9 months ago.

    1. Stuart Jonas Reich
    2. Juan Paolo Pasia Sarmiento
    2 lawyer answers

    There is no prohibition on passive investment - just owning an equity interest in a company. But, some potential issues here: what is your role as an officer? You couldn't do any active work for a US company for which you don't have an appropriate visa (you say that your current TN employer and the company in which you are investing are different entities). There IS a prohibition on self-employment while on TN - so even getting a TN for the new company wouldn't work if it's viewed as a...

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  9. Can a person seeking a F1 visa apply via green card lottery

    Answered almost 6 years ago.

    1. Stuart Jonas Reich
    2. John M. Kaman
    2 lawyer answers

    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....

    1 lawyer agreed with this answer

    7 people marked this answer as helpful

  10. Can I apply for GC by myself?

    Answered 8 months ago.

    1. Ajay Kumar Arora
    2. Aneliya M. Angelova
    3. Stuart Jonas Reich
    4. Paul Christopher Hannaford
    4 lawyer answers

    If we're talking about a PERM labor certification case, then the attorney is correct - the DOL prohibits the foreign national beneficiary from paying for any part of the PERM case: legal fees or advertising. The employer could be in enormous trouble for accepting reimbursement from you for anything it pays for a PERM. A PERM requires a job offer - the employer must be the petitioner. There are other ways to petition for permanent residence based upon employment which don't involve a PERM...

    6 lawyers agreed with this answer

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