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Stephen D. Berman

Stephen Berman’s Answers

11,384 total


  • I am applying for my first work permit after applying for asylum. What are the documents I need?

    Here are the documents I will be sending: 1. Filled I-765 Form 2. Two Passport Style Photos 3. I-797 Notice of Action 4. Acknowledgement Receipt 5. Previous Work Permit when I was on OPT and not asylum Am I missing anything? I don't need t...

    Stephen’s Answer

    You do need to send a current ID such as passport copy.

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  • If I applied to extend my Uk visa (flr(m)), can I leave the UK for a short time while I wait?

    I'm an American citizen.

    Stephen’s Answer

    This site relates to US immigration law and not the laws of other countries.

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  • Can I teach yoga part-time while on a TN-1 status with another company?

    I am a Canadian citizen who is currently employed by a well-known retailer via TN-1 status as a graphic designer. While I'm not working at my 9-5 though, I want to share what I love the most, which is the practice of power yoga. I know an individu...

    Stephen’s Answer

    No, you are not authorized to be employed at all except for working for your TN sponsor.

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  • On March 9, 2010, my Form I-130, Immigrant Petition for Relative was received. Why is it taking this long at the local office?

    My grandfather filed a case for my mom since 2005 and on March 2010 it was received at the local office, since then we have no information about our file. My grannies live in Illinois and we are in Albania. Could anyone please tell me the steps ...

    Stephen’s Answer

    Most likely because the visa is not yet available.

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  • Crime of Moral turpitude -- immigration consequences

    I am an international student charged with theft felony. My attorney can get it dropped to a misdemeanor offence. However, what type of misdemeanor charge should I get so that I don’t have immigration consequences, i.e. trespass on chattels, some ...

    Stephen’s Answer

    Each individual offense needs its own analysis whether it is a CIMT. There is little logic to this, rather a review of the cases is required. A petty offense [one only] has no immigration consequences, so even with a CIMT, if you plead to a petty offense, there are no consequences so long as you do not get convicted of a second such offense.

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  • I have send my file to remove condition of my green card 7 month back.how long it takes after this.

    Recently I received notification. Case Was Received At My Local Office We will prepare your case for officer review. If we need more information, we will notify

    Stephen’s Answer

    There is no set amount of time and a lot depends on your application and the evidence you submitted.

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  • Can I apply for an immigration visa in the USA if I am doing a preceptorship program in the states on a J-1 visa?

    My fiance is a greencard holder and we would like to apply for my immigration visa. But if I am doing a 3 month dental preceptorship program on a J-1 visa without a waiver then how does it work for me? I am a dentist from India. Do I need to apply...

    Stephen’s Answer

    If you are subject to 212(e), you would have to return to India for two years first. In any case, a visa for a spouse of a permanent resident does take over a year to be available.

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  • Can a person who was deported to Mexico for intent to deliver cannabis obtain a visa?

    Fairly simple. My friend used to sell marijuana. After he was convicted he was deported. His crime did not involve violence or weapons. He himself is not a violent person and has no history of violence. Currently he works at a Mercedes dealers...

    Stephen’s Answer

    The exact offense for which he was convicted really does make a difference. Generally speaking, there is no waiver for controlled substance offenses, but he could possibly come as a nonimmigrant if he is issued a NIV waiver.

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  • Can employer file H1B visa that is Cap exempt using remainder period of 4.6 years from previous H1B visa expired in 2005

    Have travelled on B1 after 2005 to USA

    Stephen’s Answer

    No, the person is cap exempt for six years, and that would have ended in 2011.

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  • Hi my is alex. i just want to know why my case was sent Nebraska and filled in California. Also my son he sent the application .

    for I 130 on april 25, 2014 i wander if that will be a problem. Because this law when true in November 2014. I will appreciate your answer thank you so much..

    Stephen’s Answer

    Most likely because of workload flow, the different service centers do transfer files to each other and they are doings so right now.

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