Stuart Jonas Reich’s Answers

Stuart Jonas Reich

New York Immigration Attorney.

Contributor Level 19
  1. Immigration waiver of the 10 year bar, reunification and 10 year bar immigration policy

    Answered over 6 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

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

    Answered over 6 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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  3. Immigration, overstayed on a visitors visa is it possible to file for residency or citizenship

    Answered over 6 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....

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

    Answered over 6 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,...

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  5. What to tell USCIS on our I-130 Petition to sponsor my Canadian daughter, after her divorce?

    Answered about 1 year ago.

    1. Stuart Jonas Reich
    2. Giacomo Jacques Behar
    3. Tsirina Goroshit
    3 lawyer answers

    I agree with my colleague that there's little reason this would come up in the context of the I-130 - they would likely approve it without ever asking if there has been a change in how the "marriage" portion of I-130 was answered. But, my concern isn't so much USCIS on the I-130, but how the Department of State will handle processing at the consulate. The forms for this (online DS-260) do ask for information on any previous spouse, and presumably this would need to be disclosed. The State...

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  6. N400 interview should i be worried?

    Answered over 3 years ago.

    1. Stuart Jonas Reich
    2. Robert Thomas Carpenter
    2 lawyer answers

    I agree with my colleague - this is often what happens, for several reasons. It may be just that when they check "approved" they are worried about additional inquiries. It also may be that, for several possible reasons, a supervisor must sign off on the case before it is "officially" approved (so they may not be able to officially approve it yet). My guess would be that everything is fine - give it longer than the one week (say, a month), but I would expect you would get an oath letter...

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  7. Can i submit I-730 form remaining outside the USA???

    Answered almost 4 years ago.

    1. Stuart Jonas Reich
    1 lawyer answer

    No. The relationship with the person you would be filing for (marriage) must have existed when you were granted asylum. There may be other requirements not met, depending on when you were granted your green card (would need to be less than two years ago at time of filing). Speak with a lawyer for further guidance..

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  8. I did a fingerprint to remove condition on residence and i did not get any response

    Answered over 4 years ago.

    1. Stuart Jonas Reich
    2. David Nabow Soloway
    2 lawyer answers

    I am not completely clear on your question, but I can tell you that Biometrics (fingerprinting) occurs near the beginning of the process - about a month to six weeks after filing. The complete I-751 Petition to Remove Condition process can take eight to eleven months; it is one of the slower USCIS processes. So, if a long time passes after fingerprinting without your hearing anything, it doesn't necessarily mean anything is wrong.

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  9. Will suspension of F1 have any effect on H1B application?

    Answered almost 5 years ago.

    1. Stuart Jonas Reich
    2. Scott D. Pollock
    2 lawyer answers

    It sounds like you are going abroad and returning with a new SEVIS number/new I-20, so no gap in status. I don't think status would be the problem here - at worst, yopu could obtain the H-1B stamp abroad and reenter. The problem is, it doesn't sound like you will graduate from your program until after the H-1B petition would be filed. If this is a Master's program and you plan to qualify based on your existing bachelor's degree, this may not be a problem - but if this is a Bachelor's...

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  10. I485 AOS

    Answered almost 5 years ago.

    1. Stuart Jonas Reich
    2. Shah Iqbal Nawaaz Peerally
    2 lawyer answers

    No, the ISL number is just a number assigned your case by NVC for consular processing purposes. The immigrant visa number isn't something you need to give them - or ever actually really know or need to know. It is a number USCIS will request from the State Department (which controls Immigrant Visa availability) if/when they decide to approve your I-485. What you need to give USCIS is the I-130 petition approval notice (a copy) along with a copy of your father's naturalization certificate...

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