Stuart Jonas Reich’s Answers

Stuart Jonas Reich

New York Immigration Attorney.

Contributor Level 19
  1. Am I 100% illegal alian?

    Answered 4 months ago.

    1. Stephen D. Berman
    2. Stuart Jonas Reich
    3. Jeff L. Khurgel
    4. Gunda Johanna Brost
    5. Alexander M. Ivakhnenko
    5 lawyer answers

    While I would be very wary of anyone calling you and saying they are from Homeland Security, I would review your situation with an attorney. The visa stamp in your passport doesn't control the validity of your stay here - your maintenance of valid status (by staying enrolled in your program) does, along with any expiration date on your I-94. These are now electronic - you should retrieve yours online (Google "online I-94" for the site). As a J-1, your I-94 wouldn't normally have a fixed...

    5 lawyers agreed with this answer

  2. Should i go through the job process or not?

    Answered 4 months ago.

    1. Jennifer Sheethel Varughese
    2. Stuart Jonas Reich
    3. Gintare Grigaite
    4. Alexus Paul Sham
    4 lawyer answers

    I can't speak for what the police department where you are applying actually means or when they would do a background check, but from an immigration perspective being "in the process of becoming a citizen" would mean that you have actually applied for naturalization - the process through which an individual applies to become a US citizen where they weren't born one or otherwise turned into a citizen automatically by operation of law. The question is, are you eligible to apply? Have you been...

    5 lawyers agreed with this answer

  3. Does a visitor visa holder requires transit visa for UK on 2 hour land over (Mumbai - London -Chicago), if coming to USA.

    Answered 4 months ago.

    1. Alexander M. Ivakhnenko
    2. Stuart Jonas Reich
    3. Katja Anneli Charlotta Hedding
    3 lawyer answers

    This is a question of UK immigration law - I suggest trying to find a similar Q&A board for UK lawyers and pose the question there; the attorneys here are generally admitted to practice in the US and couldn't legally advise you on issues of law in other countries. Good luck!

    5 lawyers agreed with this answer

  4. How can I help my illegal alien husband adjust his status to that of United States resident? What is the process?

    Answered over 3 years ago.

    1. Carl Michael Shusterman
    2. Stuart Jonas Reich
    2 lawyer answers

    Unfortunately, the fact that your husband entered illegally (not necessarily that he is not in legal status now) is a big problem here. With legal entry, even someone out of status can still get a green card in the U.S. without leaving based on marriage to a citizen. But if the person entered illegally, they would need to leave the U.S.and process through the U.S. consulate in their home country - and the act of leaving after one year of "unlawful presence" makes him subject to a ten-year...

    4 lawyers agreed with this answer

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  5. Overstayed my visa In America. Leaved US 2 month ago, now I wont back to Amerika. What I need to do?

    Answered over 2 years ago.

    1. Stuart Jonas Reich
    2. Ekaette Patty-Anne Eddings
    3. Jason Todd Lorenzon
    4. C. C. Abbott
    4 lawyer answers

    Sorry to hear about your situation; not easy, and I agree with my colleagues that there is a great deal going on here and you need to consult an immigration attorney. One thing though: while normally an overstay of a year or more followed by leaving would subject you to a ten-year bar to coming back, you might not be subject to this. You say you were on a student visa - if you have evidence that you were admitted as an F-1 student for "duration of Status" ("D/S' marked on your I-94 card...

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  6. Immigration told me to take all my civil documents when i am coming for my interview. What is those documents?

    Answered 4 months ago.

    1. Carl Michael Shusterman
    2. Alexander Joseph Segal
    3. Stuart Jonas Reich
    4. Wendy Rebecca Barlow
    5. Katja Anneli Charlotta Hedding
    5 lawyer answers

    I agree with my colleagues. Take a look at the interview notice - if a formal, pre-printed one issued by a service center, there is a long list in the middle of the page. Much of it will already have been supplied with the original filing, but there are some items you still need to bring. If a marriage case, you will need to bring originals of birth certificates, marriage certificates, & any divorce/annulment decrees/certificates even if copies were originally submitted (they will only...

    3 lawyers agreed with this answer

  7. Re-initiating the Old H1-B Petition...Is this possible

    Answered 6 months ago.

    1. Alexander Joseph Segal
    2. Stuart Jonas Reich
    3. Alexander M. Ivakhnenko
    3 lawyer answers

    I'm afraid you need a new cap-subject petition - you could have used the old one within six years of the old one, but we're just past that. It isn't the time spent abroad or time in L-1 that's the problem, it's that six years have passed since the original petition. If you had been able to use the old petition, you would have had two more years on the new one - time out of the US isn't counted, but H-1B and L-1 times is counted together. You will need to apply under the cap again, and...

    3 lawyers agreed with this answer

  8. Immigration

    Answered about 2 years ago.

    1. Stuart Jonas Reich
    2. KiKi Maria Mosley
    3. J Charles Ferrari
    3 lawyer answers

    Both your age, and the aggravated felony are independent factors, each of which would keep this from working for you by itself. The adoption would no longer work because of your age. Even if it did or you had some other immigration option available, the agfel would keep you from getting a green card. Speak with a lawyer directly.

    3 lawyers agreed with this answer

  9. Overstayed my Visa for more then a year...What options do i have to reenter the boarder?

    Answered over 4 years ago.

    1. Stuart Jonas Reich
    2. Karin Wolman
    3 lawyer answers

    Speak with a lawyer about your case before doing anything. Most people who overstay their visa status by more than a year are subject, upon leaving, to a ten-year bar to coming back. This is because, from the expiration of their visa status, they begin building up a special kind of time out of status called "unlawful presence." HOWEVER: you might not even be subject to this bar at all. People admitted for "Duration of Status ("D/S") on their I-94 cards - as are most J-1s and F-1s - don'...

    1 lawyer agreed with this answer

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  10. Got Married While on Tourist Visa - No Preconcieved intent

    Answered over 5 years ago.

    1. Stuart Jonas Reich
    1 lawyer answer

    Well, it certainly wouldn't be in her interests to receive a determination of fraud and likely be permanently barred from entry into the U.S., either. This couple definitely needs to speak with a lawyer before filing anything. It isn't clear when/how recently she entered the U.S. - if she got married within 30 days of entry on a tourist visa, there is essentially a legal presumption that she committed fraud in using the visitor visa to enter - so USCIS certainly would be able to read such...

    1 lawyer agreed with this answer

    4 people marked this answer as helpful

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