Stuart Jonas Reich’s Answers

Stuart Jonas Reich

New York Immigration Attorney.

Contributor Level 19
  1. Immigration told me to take all my civil documents when i am coming for my interview. What is those documents?

    Answered about 1 year 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

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

    Answered over 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

  3. Immigration

    Answered almost 3 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

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

    Answered over 5 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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  5. Got Married While on Tourist Visa - No Preconcieved intent

    Answered over 6 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

  6. NVC informed me that the I130 approved petition for my wife is currently under review.What does it means?

    Answered over 1 year ago.

    1. Stuart Jonas Reich
    2. F. J. Capriotti III
    3. Ganesh Kalyanaraman
    3 lawyer answers

    Unfortunately, there's no real way to tell - this is something USCIS often says when they can't otherwise give a near-term answer. It may mean that they are taking a second look at the approvability of your case, as you fear - but it may not. The issue with your case, as with many cases in recent months, is likely that USCIS approves an I-130 marked for consular processing and then fails to notify NVC of the approval before sending the file off to storage (which is the normal process for a...

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  7. DIVORCED AFTER GREENCARD

    Answered almost 3 years ago.

    1. Stuart Jonas Reich
    2. J Charles Ferrari
    3. Reza Athari
    4. Dhenu Mitesh Savla
    4 lawyer answers

    First, I'm sorry to hear you are going through such a difficult personal situation - I can only imagine how painful this must be. You really need to consult an immigration lawyer directly about these issues. A big question will be whether you will be able to salvage the marriage, as well as timing of it all. To file alone with request to waive the joint filing requirement (assuming no abuse), a divorce needs to be final - so timing of everything is important. The divorce - if you can't...

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  8. Can i withdraw the L1A petition after getting RFE for L1A(COS) and then apply for L1B exyention?

    Answered almost 3 years ago.

    1. Stuart Jonas Reich
    2. KiKi Maria Mosley
    3. F. J. Capriotti III
    3 lawyer answers

    1) Can't answer this without reviewing the original filing, the RFE, and the proposed response including documentation - you need to consult an attorney directly. 2) You CAN do this, p to the expiration of the L-1B July 12. 3) Depends on the reasons for denial - most likely will just deny saying you don't qualify for L-1A status, not on basis of company interrelationship (which would impact L-1B) or fraud or status violation (which would impact your overall admissibility). IF this is the...

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  9. Out of status F1 student with GPA below 2.0. Seek alternative way to finish degree.

    Answered about 3 years ago.

    1. Stuart Jonas Reich
    2. Jeffrey Dean Joseph
    3. William D. Fong
    4. J Charles Ferrari
    4 lawyer answers

    You would need to be accepted somewhere - relatively quickly - and be eligible for reinstatement (you need to speak with the school DSO about this). When you fall out of status under the SEVIS system, the system does notify ICE - so you DO come to the attention of the agency that handles removal from this country, and you want to deal with this situation quickly. I agree with my colleague with regard to your girlfriend sponsoring you - there is a work-around for the financial issue, but...

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  10. Is there any way to expedite processing of the Naturalization application (Form N-400) for the purposes of joining the Navy?

    Answered about 3 years ago.

    1. Stuart Jonas Reich
    2. William D. Fong
    3. Erena Diana Baybik
    4. J Charles Ferrari
    5. Luis Alberto Guerra
    5 lawyer answers

    Take a look at the fifth point down here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD. You may be able to get a letter from your recruiter making the request.

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