Stuart Jonas Reich’s Answers

Stuart Jonas Reich

New York Immigration Attorney.

Contributor Level 19
  1. Besides getting married, how else can I get a greencard?

    Answered over 1 year 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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  2. Expiring Philippine Passport while in the Missouri USA and the same time filing of AOS.What should I do?

    Answered over 1 year ago.

    1. Stuart Jonas Reich
    2. Alexander M. Ivakhnenko
    3. Gunda Johanna Brost
    3 lawyer answers

    I would definitely begin the process of renewing your passport ASAP. At time of approval, you will need to have a valid passport. You can file with a copy of the passport info page from the current passport since it will still be valid at time of filing, but expect an inquiry for the new passport later in the process. Be sure you have a complete copy of the current passport before sending off the old for renewal, but get this moving as soon as possible. It is likely to take longer than...

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  3. Why are fraudsters not caught in the immigration system? At the I-751 waiver stage?

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Stuart Jonas Reich
    3. Paul Christopher Hannaford
    3 lawyer answers

    Probably because there are actually very few people who are actually committing fraud. About 50% of all marriages - not just those of immigrants - end in divorce for many, many reasons. So, it stands to reason that a lot of immigrant marriages that don't last were real marriages that simply didn't work out. It happens - it's part of life. I do a ton of these, but in all my years of doing these cases I've met maybe two couples where I thought there was any fraud involved (I didn't take...

    5 lawyers agreed with this answer

  4. Can I have a green card if there is a child that depends on me??

    Answered over 1 year ago.

    1. Stuart Jonas Reich
    2. Stephen D. Berman
    3. Alexander M. Ivakhnenko
    3 lawyer answers

    This doesn't in itself give you a path to a green card. If the mother is a citizen or permanent resident who can otherwise sponsor you as a spouse if you marry, but you would need to process abroad because you have been out of status but would be subject to a bar to returning because of this, the situation might give you a basis for a waiver of the bar. But, it doesn't in itself give you a way to get a green card, and there would still need to be a financial sponsorship solution for...

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  5. Am I 100% illegal alian?

    Answered over 1 year 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

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

    Answered over 1 year 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...

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

    Answered over 1 year 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

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

    Answered over 4 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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  9. Overstayed my visa In America. Leaved US 2 month ago, now I wont back to Amerika. What I need to do?

    Answered over 3 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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  10. Is there any arrest related questions at the time of H1b petition approval process?

    Answered about 2 months ago.

    1. Stuart Jonas Reich
    2. Michael Moosavi Shabani
    2 lawyer answers

    You do need to seek legal counsel concerning the immigration implications of the arrest. However, there is no question on the H-1B concerning the beneficiary's criminal history. In fact, the Beneficiary (person being sponsored) doesn't even sign any of the forms or materials for the USCIS filing. The consular forms, however, do ask about this - and it does need to be disclosed (even if later dismissed. Consult an attorney.

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