Stuart Jonas Reich’s Answers

Stuart Jonas Reich

New York Immigration Attorney.

Contributor Level 19
  1. NVC informed me that the I130 approved petition for my wife is currently under review.What does it means?

    Answered 6 months 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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  2. DIVORCED AFTER GREENCARD

    Answered almost 2 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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  3. Can i withdraw the L1A petition after getting RFE for L1A(COS) and then apply for L1B exyention?

    Answered about 2 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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  4. Out of status F1 student with GPA below 2.0. Seek alternative way to finish degree.

    Answered over 2 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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  5. Is there any way to expedite processing of the Naturalization application (Form N-400) for the purposes of joining the Navy?

    Answered over 2 years ago.

    1. Stuart Jonas Reich
    2. William D. Fong
    3. Erena Diana Baybik Berger
    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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  6. Green card renewal while staying overseas (By e-filling I-90 online form)Is it mandatory to be in USA while filling for renewal?

    Answered 4 months ago.

    1. Carl Michael Shusterman
    2. Renee M. Dagher
    3. Stuart Jonas Reich
    4. Eric M. Mark
    4 lawyer answers

    I completely agree with my colleague here - the filing of the I-90 itself hile they are overseas isn't a problem, as long as they can return for biometrics. The bigger question to me is ability to return - you don't say how long they've been overseas, the purpose of their trip, whether they already have a reentry permit, etc. There is a danger of being determined to have abandoned their green card if they stay too long abroad without maintaining sufficient US ties/requesting a reentry...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Immigration waiver of the 10 year bar, reunification and 10 year bar immigration policy

    Answered over 5 years ago.

    1. Carlos E Sandoval
    2. Stuart Jonas Reich
    2 lawyer answers

    First, I'm sorry to hear about your friend's family situation - this is definitely tragic and I hope that at least medically a good resolution can be found. I'm afraid that if every attorney has said that there is no hope after reviewing all of the facts, it sounds like you do have a clear answer on this already - just a very unfortunate one. These waivers are very difficult to get, and must be based on hardship to a citizen spouse or parent - not on hardship to a citizen child no matter...

    2 lawyers agreed with this answer

    5 people marked this answer as helpful

  8. Visitor visa expired can i still finish school and or work, what do i need to file with immigration USCIS

    Answered over 5 years ago.

    1. Stuart Jonas Reich
    2. Bruce David Abel
    3. David H Nachman
    3 lawyer answers

    I am glad to hear that you have spoken with a lawyer about your situation, although these questions, as well would best be addressed to an attorney who has reviewed your entire set of circumstances. I assume that a detailed analysis was done before advising you that marriage to a citizen was the only viable immigration option (and 245i eligibility was ruled out, as was a late asylum claim). Further, I assume that you were told that this is only an option if you were planning to marry...

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    7 people marked this answer as helpful

  9. Immigration, overstayed on a visitors visa is it possible to file for residency or citizenship

    Answered over 5 years ago.

    1. Stuart Jonas Reich
    2. Nikki Mehrpoo Jacobson
    3. Naresh M Gehi
    3 lawyer answers

    As always, these issues are complicated, and there is no way to know for sure what options you may have without speaking with a qualified immigration lawyer. I can only go into some of the things that might impact you. First, since you all entered legally (assuming that you all can prove this with the I-94 cards issued upon entry), any adult in the family - your mother if not currently married, you if your are over 18 - can obtain permanent residence based on marriage to a U.S. citizen....

    1 lawyer agreed with this answer

    7 people marked this answer as helpful

  10. Husband and wife married for 2 months, husband is illegal from mexico what are the procedures for getting a green card

    Answered over 5 years ago.

    1. Stuart Jonas Reich
    2. Naresh M Gehi
    3 lawyer answers

    Congratulations on your marriage! Your first stop should be the office of an immigration attorney. There are many things which might impact your husband's ability to get a green card, and just being married to a U.S. citizen (assuming that you are a citizen - it isn't completely clear from your question) isn't a magic bullet. First, generally speaking, people here illegally are in a catch-22 - they normally can't get a green card here in the U.S. through the Adjustment of Status process,...

    1 lawyer agreed with this answer

    7 people marked this answer as helpful

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