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Stuart Jonas Reich
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Stuart Reich’s Answers

3,380 total


  • How can I bring my daughter who was born out-of-wedlock before I got green card visa?

    I came to the USA in 2013 from Bangladesh under F2B VISA. I had a 4 years old daughter when I got the visa. and that time I was unmarried. I went back to Bangladesh last year, 2014, to marry my daughter's biological mother. now how can I...

    Stuart’s Answer

    Unfortunate that you were not married before your green card was approved. But consult an attorney about filing your own F2A category petition for your wife and child.

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  • Is it recommended to file L1-A Extension (normal processing) and GC under EB-1C petition concurrently?

    Hello - My L1A is about to expire in 2 weeks. My company is filing an extension under normal processing. Also they are willing to file my GC under EB-1C (maybe within a week from L1A Extension petition). Is that recommended? Should...

    Stuart’s Answer

    I agree with my colleague -as long as you are covered by an existing L-1 or have a timely filed request for extension pending, a permanent residence case can be filed at any point. You/ the company can chose to premium process, but it isn't necessary to be able to file the permanent residence case.

    Speak with your company's lawyer for further guidance.

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  • Can one could do H1B Transfer from company X to Y from outside US without working for Company X and does it affect clock reset?

    I am on L1B for around 4 years and got H1B application selected in 2015 lottery when in US and will be going to a native country in next few months. 1. Can my H1B be transferred to another company from outside of US without working for the pr...

    Stuart’s Answer

    These are complex questions and you need to speak with an attorney directly concerning the specifics of your case. noirmally I would suggest speaking with the attorney who handled the H-1B matter, but this person will have an ethical conflict given they also would have represented the company you are considering leaving.

    One thing I can tell you here: if you are looking to "reset" your six-year time by remaining outside the US for a year, you will need to be chosen in the H-1B lottery again. After a year abroad, you can chose to use your remaining L/H time and not have to go through the lottery again (if your H-1b was approved in the lat six years), OR go through the H-1b lottery again and get a fresh six-year period if selected...but not both.

    Contact a lawyer for a consultation on the merits of your own specific case.

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  • 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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