Stuart Jonas Reich’s Answers

Stuart Jonas Reich

New York Immigration Attorney.

Contributor Level 19
  1. I am temporary green card holder and a victim of a domestic violence can i apply my mother?

    Answered over 2 years ago.

    1. Stuart Jonas Reich
    2. Richard C. Southard
    3. J Charles Ferrari
    3 lawyer answers

    Well, you can't really sponsor her for a green card; there's no category for a permanent resident to sponsor a parent. But, your mother can apply for a visitor visa to come temporarily to assist you. she'll need to prove her ongoing ties to her home country to demonstrate her intent to only stay a short time and then return home (job to return to, home abroad, etc.)

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  2. Can I submit amended income tax return form 1040?

    Answered over 2 years ago.

    1. Stuart Jonas Reich
    2. Andre R. Olivie
    2 lawyer answers

    Definitely better if you get a joint sponsor - the consulate will likely view a return amended to meet the requirement as lacking credibility; may end up getting you in trouble without helping your parents.

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  3. Arrived to U.S. as a 14 year old in 94. Worked illegally as a waitress using my ssn. Always had F-1 visa. Can i get a green card

    Answered over 2 years ago.

    1. Stuart Jonas Reich
    2. Philip Alan Eichorn
    3. J Charles Ferrari
    3 lawyer answers

    Just to clarify - you have maintained F-1 status since your entry at the age of 14, are married to another foreign national, and your spouse would be getting a green card based upon employment (you would be a derivative beneficiary as his spouse under the employment-based case - he isn't sponsoring you for a family case as his spouse), right? The big question I have is how long you worked without authorization. Up to a certain amount of time, it may be forgiven. If longer than that time,...

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  4. Moved before my interview.Now 30 days after my interview still haven't hear anything.

    Answered about 3 years ago.

    1. Stuart Jonas Reich
    2. Philip Alan Eichorn
    2 lawyer answers

    The truth is, there is no way to know exactly what is going on without making formal inquiries - and sometimes not even then. BUT: the fact that this is taking more than a month doesn't necessarily concern me. Often they need to request a file from storage, and even getting the file to the right officer can take a couple of months (by which time the officer has forgotten all about the case and needs to find time to review the file again to figure out the situation). A few options: retain...

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  5. Can the Immigration Judge adjudicate an I-485 when priority date is not current but was current during the pendency of the case?

    Answered about 3 years ago.

    1. Stuart Jonas Reich
    2. Rehan Shams Alimohammad
    2 lawyer answers

    A judge can't approve an I-485 if there is no immediately available immigrant visa - so they can't approve if the priority date isn't current when you are before the judge. Even if it is, they may not approve anyway, as the I-485 case shouldn't have been filed when the priority date wasn't current. It may have been best to re-file when the priority date WAS current if this was possible; the case would then sit on hold, offering protection as to status and the ability to get employment...

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  6. What documents are required for inviting mother in graduation ceremony?

    Answered about 3 years ago.

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

    Your mother would need to apply at the U.S. consular post serving the area where she lives for a B-1/B-2 non immigrant visa, completing the DS-160 form online and paying the required fee. She would need to supply evidence of the purpose of the planned visit (something from the school officially stating your graduation date), your birth certificate to prove she is your mother, evidence that she will have a place to stay/funds for room and board during her visit, and evidence of her intent to...

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  7. Should I refile the I-130 petition for my husband?

    Answered about 3 years ago.

    1. Stuart Jonas Reich
    2. Naima M Said
    3. Seeta Lakshmi Nangia
    3 lawyer answers

    Nothing you can really do here. When the I-130 was approved, notification was sent to NVC so that they could start working with you on the consular process. If they don't hear from you for over a year, they terminate the case in their system and send it back to USCIS for revocation. If anything ever passes either allowing your spouse to get a green card here without leaving OR removing the reentry bar so the spouse can safely process abroad, you would file a new I-130 and start again....

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  8. About marriage base green card interview

    Answered about 3 years ago.

    1. Stuart Jonas Reich
    2. Seeta Lakshmi Nangia
    2 lawyer answers

    I completely agree with my colleague on the two possible outcomes. I normally suggest that my clients check their case numbers online in the online system starting 48 hours after the interview - often, the case will pop up as approved here first (though don't worry if it doesn't - this isn't the most reliable system). Use this link to get status using your I-130 and I-485 case numbers: https://egov.uscis.gov/cris/Dashboard.do

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  9. How to obtain a student visa?

    Answered about 3 years ago.

    1. Stuart Jonas Reich
    2. Salvatore Anthony Falletta
    3. Sharon L. Ames
    3 lawyer answers

    OK - a few things here. First, to get a student visa, you need a form called an I-20 issued by the school where you will attend. You need to decide where you want to go to school and speak - the earlier the better, with the foreign student adviser (often called a "DSO") at that school. For most people who have been here without legal status for a long time, leaving the U.s. is a problem: 180 days of "unlawful presence time" means a three-year bar to coming back, and a year or more of "...

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  10. Permanent immigration

    Answered over 3 years ago.

    1. Carl Michael Shusterman
    2. Stuart Jonas Reich
    2 lawyer answers

    I'm afraid this won't work, only certain categories can sponsor someone, all of them relatives. The only way someone can sponsor a friend is through employment. It's possible in theory to sponsor someone for a job even without a degree, but it's difficult in practice because of status issues. Speak with an attorney to see what might be possible.

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