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Stuart Jonas Reich
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Stuart Reich’s Answers

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  • When i apply citizenship

    Hi, I have green card through my wife.my green card issue date is 23Aug2013. Last year in june my wife get citizenship..now she is US paport holder.plz tel me can i apply citizenship in current year or not.

    Stuart’s Answer

    From what you say, not in the current year. With one exception which does not sound like it applies to you, a person is only eligible for naturalization five years from the date permanent residence was first approved (though they can submit an application 90 days before that).

    Speak with an attorney

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  • If she has to go back to H1B (I140 is still active) does she need to extend her old H1B and use her new approved

    HI everybody my wife was working on H1B till september 2015. Her H1b was suppose to expire in Jan 2016. She has an approved I140 so the company filed for her H1B extension (after 6 years) before she left job. Then we filed to move to H4 after s...

    Stuart’s Answer

    I agree with my colleagues -this is really too difficult to answer here and you need to go through the entire situation with a qualified immigration attorney.

    The timing is really the issue: the interplay of which was last approved, H-1B post-sixth-year extension or H-4 - controls your wife's status here, and whether she then needs to correct this by either filing a new petition or application or leaving and reentering in the preferred status (presumably H-4 if no longer in the job).

    Speak with an attorney.

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  • Is it possible to extend my stay with a new I-20, and if I don't get H-1B, how do I proceed with court cases pending?

    I am currently on grace period after completing OPT and waiting for approval of H-1B. Unfortunately, I had been charged with DUI and my arraignment is on June 2. I have received an email from U.S. Embassy: Your non-immigrant visa, issued by the U...

    Stuart’s Answer

    You mentioned that you have already consulted an immigration attorney - this was wise, and the advice provided by an attorney directly after a full discussion of your situation should supersede anything we can tell you here based on a written question.

    A change of status while here - if granted -should permit you to stay, as would re-enrolling. the visa stamp discussed by the consulate is an entry document, and doesn't control your stay while here. the I-94 (whether a new one on an approved change of status to H-1B approval or the original D/S F-1 I-94, when combined with a new I-20).

    I am, however, very curious what this "new information" would be that triggered this notification form the consulate; this is concerning.

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  • Still i have chance?

    Hi.. Iam Kumar, Applied H1b through consultancy in 2014, got RFE , employer told me their was many queries about his company , and he told me he is going to withdraw my application. on March 29th 2016 i got email that application is withdrawn. ...

    Stuart’s Answer

    I agree with my colleagues that a petition can't be approved or sustained without employer support -if they've withdrawn the petition, there isn't something you can rely on here.

    I do think a conversation the attorney who handled the petition is in order here to clarify the situation; it would be unusual to get this update after a withdrawal. The withdrawal may simply have been incorrectly recorded in the online system.

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  • What are the chances my ex husband will have green card taken back and deported?

    My ex husband had crossed the US border illegally and was a illegal immigrant with no chances of obtaining legal status. He married me and kept me as his wife for 6 years. After one month of receiving his green card he divorced me. This was a comp...

    Stuart’s Answer

    If you feel there has been fraud here, you are within your rights to write a letter to DHS stating this. but, this doesn't mean they will feel that this is worthy of investigation or that anything will be done.

    Clearly your husband DID have some chance of obtaining legal status if he did so through you. But a six year marriage resulting in a child isn't the strongest case for fraud - in fact, it looks more like a real marriage that simply didn't work out, or at least that appears like it was the case initially.

    There's also the question of your child together - you may well have a completely legitimate reason to be angry with your ex - but is it really best for your child to deport his or her father (assuming he still takes some part in the child's life, and can better provide support here in the US)?

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  • Can my wife file the petition now and then submit all the court paperwork during USCIS interview, or is it best to wait?

    My US citizen wife is ready to file adjustment of status petition for me. However, I just found out that I have a 8 year old arrest warrant in GA (for violating probation by peeing in public after being convicted with DUI). I am taking care of the...

    Stuart’s Answer

    If you have prior criminal issues - even if resolved within the criminal justice system - you shouldn't be filing anything with USCIS before first discussing the underlying charges with an immigration attorney.

    While generally an original disposition for any offenses needs to be presented at the final interview, at least a copy should be submitted initially - and as my colleague notes, once they come back and ask there would be a firm deadline for response with the requested copy.

    The fact that it appears as if you may have multiple offenses complicates things, and a formal analysis should definitely be done by an attorney before filing with immigration.

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  • How long (Potentially) their green card cases might take?

    I have been married to a US citizen for 6 years and applying for my passport in June. After I get my passport can I apply for my siblings green card who are of following age/citizenship Sister/53/Pakistan Sister/45/Pakistan Brother/35/Paki...

    Stuart’s Answer

    • Selected as best answer

    You absolutely CAN petition for your siblings - but as my colleagues note this will take an extremely long time - so long that these petitions can be counterproductive. Once an immigrant petition is on file, they all may have even more trouble traveling to the US as visitors than they would already have had.

    In addition, each additional person for who you petition raises the income or other support level you must show as petitioner - this may also be a strategic issue.

    Speak with an attorney to discuss strategy and the potential for other options for each sibling. there is often a better solution than the Family 4th preference sibling petition.

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  • RFE for more details about in house project

    Hello all, I was told by consultancy company that they got RFE for more details about in house project. They said they have done similar cases before. What they said is USCIS is just buying time by sending RFE. I am really worried and I w...

    Stuart’s Answer

    All USCIS inquiries should definitely be taken seriously. I'm not surprised that a company placing you at a client site has received similar inquiries - there is an additional layer of things that need to be proven in this situation and they've probably received similar inquiries.

    I wouldn't necessarily be concerned - most cases are approvable after a response to such an inquiry as long as the inquiry is effectively answered.

    I will say that there is a perception among many immigration lawyers that when a premium processing case is nearing the 15-day response window and a "boilerplate" request for evidence is issued asking about many things already addressed in the original submission and apparently ignored by USCIS, that they may simply be "buying time" by issuing such an inquiry.

    There is no proof of this (in fact, no real way it could be proven), but the belief is widely held, and partially a result of the disappointment many attorneys feel when they have taken pains to address and document the facts we know we are required to prove, and that effort appears to have been ignored by USCIS based upon request for items already submitted/arguments already made.

    This said, RFEs must be addressed point by point and ultimately USCIS does review all documentation and arguments submitted. The agency is imperfect as we all are, but they generally make a fair ultimate decision.

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  • How much period I am eligible to get either 1 year or 6 years with the petition is expired without using .Pls advice

    I was in L1B Visa from 2010 to 2015 utilized 5 years . I applied H1B with different employer and same H1B approved on Nov 2015 for 6 months . But Dec 2015 I moved to my country with out moving to H1B employer and return back to USA with H4 sta...

    Stuart’s Answer

    You need to speak to an attorney for guidance specific to this unique situation.

    Once you have been counted under the H-1b cap, you can continue to use that selection as long as the filing was within the last six years at the time of the new petition. so, you need not go through the cap process again, or be limited to a cap-exempt employer. But, in doing so you would only get the remaining eleven months or so of H-1B time (five years of L-1B time plus about one month of H-1B time used

    Spending a full year abroad allows you to re-set the combined H/L clock, but it's an election you get to make - you can try again under the cap and if selected get a fresh six years, OR go for the remaining eleven months without worrying about cap selection.

    As this is a difficult decision, consult an attorney.

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  • What's the best way can make me and my wife to be together soon? Should we marry first ,then apply for visa ?

    I.m Tunisian citizen, I,m resident in France from 3 years ago , I know one beautiful american woman, we want to marry and move to live together in USA , both of us are divorced, we hope find a short way to achieve it.. We don't know exactly i...

    Stuart’s Answer

    You need to speak with an attorney to evaluate what works best for you.

    As my colleague notes, there is no short way to do this. It depends what matters more to you both - getting here sooner, or getting the green card sooner. Going straight to marriage is less expensive and fewer steps. It takes a little longer to get here, but you start your life here with a green card - immediately able to work and travel.

    A K-1 may get you here slightly faster, but you have an additional step to get the green card after arriving in the US and some time after you get here where you can yet work or travel (plus, it's more expensive and complex).

    You need to evaluate your situation and priorities with an attorney.

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