Stuart Jonas Reich’s Answers

Stuart Jonas Reich

New York Immigration Attorney.

Contributor Level 19
  1. Expiring Philippine Passport while in the Missouri USA and the same time filing of AOS.What should I do?

    Answered 11 months 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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  2. Why are fraudsters not caught in the immigration system? At the I-751 waiver stage?

    Answered 10 months 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

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

    Answered 10 months 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...

    5 lawyers agreed with this answer

  4. Am I 100% illegal alian?

    Answered 10 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

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

    Answered 10 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

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

    Answered 10 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

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

    Answered almost 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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  8. Overstayed my visa In America. Leaved US 2 month ago, now I wont back to Amerika. What I need to do?

    Answered almost 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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  9. Immigration told me to take all my civil documents when i am coming for my interview. What is those documents?

    Answered 10 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

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

    Answered about 1 year 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

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