EFTA02521748

From: Jeffrey Epstein <[email protected]> Sent: Sunday, November 25, 2012 4:44 PM To: D'Avolio, Lisa R Subject: Re: Immigration matter yes i will put together the file in pdf. &=t <mailto > wrote: PRIVILEGED & CONFIDE=TIAL Jeffrey, As a follow-up to our discu=sion, I consulted with Marcia Needleman, Levitt & Needleman, P.C., reg=rding the prospect of seeking an F-1 visa reinstatement on Carina's behalf. Marcia confirmed the following Reinstatement may be reques=ed beyond 5 months of being out of status, but in order for U.S. Citizensh=p & Immigration Services (USCIS) to grant it, they will have to prove exceptional circumstances which can be a very high standard.= It appears that obtaining reinstatement even within the 5-month period =an be difficult and beyond the 5- month period, substantially more difficul=. Alternatively, the person can obtain a new Form I — 20, leave the country, and apply for a new F -1 vi=a at a U.S. Consulate, but that application may not be granted. Consist=nt with our initial discussion, in addition to all the usual issues with o=erstay F -1 visas, she may have a particularly hard time obtaining reinstatement or a new visa because an applicant for=an F -1 visa must always prove that they have a solely temporary intention=to be in the U.S. and after the studies will return to their home country.= In this case, as you mentioned, she applied for political asylum, which is directly inconsistent with a te=porary intention to remain in the U.S. and return to one's home country =fter studies. For your reference, below i= a summary of the F-1 status reinstatement eligibility requirements. In=order for Marcia to better assess this matter and the likelihood of successfully petitioning for reinstatement, she would need to review co=ies of Carina's file, including her student visa filings and asylum ap=lication. Please let me know if you would like to forward these mate=ials for her review and evaluation. As discussed, I will also b= reaching out to my contact at Fragomen to see if they have particular exp=rience with F-1 reinstatement applications and will follow up with you regarding their input. If Fragomen is better positioned =o handle this mater, then I can send the background materials to them for =heir review/analysis. EFTA_R1_01659083 EFTA02521748 Regards, Lisa</=> Lisa R= D'Avolio Skadden, Arps, Slate, Meagher &=Flom LLP Four Times Square I New York I 10036-6522 el > I F: <tel lisa.davolio@=kadden.com <mailto Skadden • Under 8 CFR 214.2(0(16), an F-1 student is only eligible for reinstatemen= if all of the following conditions apply to the student: (a) Has not been out of=status for more than 5 months at the time of filing the request for reinst=tement (or the failure to file within the 5 month period was the result of exceptional circumstances and that th= student filed the request for reinstatement as promptly as possible under=these exceptional circumstances) (b) Does not have a rec=rd of repeated or willful violations of (USCIS] regulations<=span> (c) Is currently pursui=g, or intending to pursue, a full course of study in the immediate future =t the school which issued the Form 1-20 (d) Has not engaged in =nauthorized employment (e) Is not deportable o= any ground other than section 237(a)(1)(B) or (C)(i) of the Act=/u> (f) Establishes to the =atisfaction of the IUSCIS), in detail showing, either that: ••••••• The violation of st=tus resulted from circumstances beyond the student's control. Such circu=stances might include serious injury or illness, closure of the institution, a natural disaster, or inadvertence, oversight, or neg=ect on the part of the DSO, but do not include instances where a pattern o= violations or where a willful failure on the part of the student resulted=in the need for reinstatement or The violation relat=s to a reduction in the student's course load that would have been withi= a DSO's power to authorize, and that failure to approve reinstatement would result in extreme hardship to the student If the Service does not reinstate th= student, the student may not appeal that decision.4=> 2 EFTA_R1_01659084 EFTA02521749 To ensure compl=ance with Treasury Department regulations, we advise you that, unless othe=wise expressly indicated, any federal tax advice contained in this message=was not intended or written to be used, and cannot be used, for the purpos= of (i) avoiding tax-related penalties under the Internal Revenue Code or =pplicable state or local tax law provisions or (ii) promoting, marketing o= recommending to another party any tax-related matters addressed herein. rttt*rsssr*st**rssttts*trr ***** **•** ************* *** This email (and any attachments th=reto) is intended only for use by the addressee(s) named herein and may co=tain legally privileged and/or confidential information. If you are not th= intended recipient of this email, you are hereby notified that any dissem=nation, distribution or copying of this email (and any attachments thereto= is strictly prohibited. If you receive this email in error please immedia=ely notify me at <tel:%28212%29%20735- 3000> and permanently delete the original=email (and any copy of any email) and any printout thereof. Further information about the firm, a list of the Partners and their pr=fessional qualifications will be provided upon request. 3D 3D 3D The information contained in this c=mmunication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the a=dressee. It is the property of Jeffrey Epstein Unauthorized use, di=closure or copying of this communication or any part thereof is strictl= prohibited and may be unlawful. If you have received this communication in error, p=ease notify us immediately by return e-mail or by e-mail to [email protected], =nd destroy this communication and all copies thereof, including all attachm=nts. copyright -all rights reserved 3 EFTA_R1_01659085 EFTA02521750