Stuart Jonas Reich’s Answers

Stuart Jonas Reich

New York Immigration Attorney.

Contributor Level 19
  1. Can I be deported or INS come to my home, if I'm currently out of status? I'm processing my Reinstatement of F1 status now.

    Answered 11 months ago.

    1. Scott Thomas Helsper
    2. Stuart Jonas Reich
    3. Irene Vaisman
    4. Maria J. Marty
    4 lawyer answers

    I completely agree with my colleague - it's possible in theory, since not only are you out of status but the SEVIS system is set up to notify ICA (Immigration and Customs Enforcement) when you fall out of status. That said, absent a criminal issue (and especially if a reinstatement shows as being filed), they aren't likely to expend the manpower in most cases. Possible, just unlikely. Speak with an attorney for further guidance.

    6 lawyers agreed with this answer

  2. Can I sponsor an immigrant that is a non-family member?

    Answered about 6 years ago.

    1. Stuart Jonas Reich
    2. Robert Philip Webber
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

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  3. Hi, there's immigration case for my mum. with approval form 797, and NVC sent us a letter contains our case is in NVC now.

    Answered 7 months ago.

    1. Stuart Jonas Reich
    2. Scott Dewayne Mills
    3. Kyndra L. Mulder
    3 lawyer answers

    I agree with my colleague - you need to speak with an attorney. You may be able to process here rather than abroad, but 1) there may be issues as well as timing/travel concerns with doing it and 2) the principal (main beneficiary of the petition - here your mother) would need to have processed for a green card before derivatives (yourself/siblings). Speak with a lawyer.

    4 lawyers agreed with this answer

  4. I obtained my 10 year greencard through marriage. I am in process to divorce. Can i file I130 petition for my fiance?

    Answered 7 months ago.

    1. Stuart Jonas Reich
    2. Kyndra L. Mulder
    3. Ashkan Yekrangi
    3 lawyer answers

    You need to speak to an attorney about this - many issues here. First, while there is no time limit before you can file, a divorce so relatively soon after you received the ten-year card and remarriage are likely to trigger suspicions about the validity of the first marriage; your situation needs to be evaluated. Further, a petition by a permanent resident is very different than one by a citizen - a lapse in status by your new spouse would not be forgiven allowing adjustment of status in...

    4 lawyers agreed with this answer

  5. How can I withdrew the I175 application?My husband Muvd out Hi have a condition on please healp .Thanks,Katalin.

    Answered 11 months ago.

    1. Alexander Joseph Segal
    2. Stuart Jonas Reich
    3. Christopher Michael Casazza
    3 lawyer answers

    If you are the citizen here, you can write a letter to USCIS explaining and include a copy of the Receipt Notice (or at least the case number). Doesn't mean your husband can't still remove conditions, just that it will be without your help (and more difficult). If he was the US citizen, you need to speak with an attorney - quickly.

    4 lawyers agreed with this answer

  6. Filing immigrant visa package with the NVC

    Answered about 1 year ago.

    1. Carl Michael Shusterman
    2. Eugene J. Glicksman
    3. Stuart Jonas Reich
    4. Altin Nanaj
    5. F. J. Capriotti III
    5 lawyer answers

    Agreed - as my colleague notes, any document not originally in English must be accompanied by a certified translation. this goes not only for the State Department/NVC but for USCIS as well.

    4 lawyers agreed with this answer

  7. I have had my green card extended for ninety days for the last four years.I never got the permanent card.any reason why?

    Answered 11 months ago.

    1. Giacomo Jacques Behar
    2. Stuart Jonas Reich
    3. Alexander M. Ivakhnenko
    3 lawyer answers

    Would you really trust a "cheap" lawyer with something this important? You need to at least go for a consultation with a qualified immigration lawyer - most consultations are at least reasonable - to figure out what's going on here. It really isn't clear from your question what you mean by "extended for 90 days for the last four years" or why you got the Notice to Appear.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. My fiancé of 13 years was deported twice and banned from the US, we have 5 children together, is there a chance for a waiver?

    Answered 11 months ago.

    1. Giacomo Jacques Behar
    2. Stephen D. Berman
    3. Stuart Jonas Reich
    4. Alexander M. Ivakhnenko
    4 lawyer answers

    You need to explain this in greater detail in a meeting with an actual attorney. What isn't clear is 1) Exactly what the grounds for the first deportation were (if the crime, was this deemed an aggravated felony?), 2) whether the first "deportation" was a complete one, with him leaving at the end (or did he just get an order of removal and never leave)? and 3) if so, how he came back after the first deportation. If an aggravated felony, there's no way to get back absent a collateral...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Self employed business owner on F1 OPT

    Answered about 6 years ago.

    1. Stuart Jonas Reich
    2. Robert Philip Webber
    2 lawyer answers

    I would be very, very careful about doing something like this and speak with an attorney about your options. First, the practical issue: if you are on OPT now, you have less than one year left. Assuming your business does well (and I hope it would), what is your plan once the OPT runs out from a visa/immigration perspective? How would you remain here to run the business? Now, the legal issues: Starting your own company on OPT is highly questionable. While OPT is not employer-...

    1 lawyer agreed with this answer

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  10. Besides getting married, how else can I get a greencard?

    Answered 12 months ago.

    1. Carl Michael Shusterman
    2. Stuart Jonas Reich
    3. Alexander Joseph Segal
    3 lawyer answers

    You definitely need to speak with a qualified immigration lawyer - there would be great difficulties in become legal other than with the temporary protection your DACA grant gives you, if you entered without permission ("inspection") from an immigration officer and you have been here for a certain period after turning 18. The fact that you were granted DACA implies a set of facts that would make it tough to do anything else. But, you need to go through your immigration history with an...

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