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Stephen D. Berman

Stephen Berman’s Answers

12,532 total


  • Can I go to he same public high school next year? But instead of a J1 visa apply for a F1 visa?

    Hi, I'm a current exchange student from Spain studying at a public highschool in the US, I came with an organization and a J1 visa. I've been offered if I want to stay at a friend's house and study next year again, but this time without any orga...

    Stephen’s Answer

    No, you cannot attend public school on an F1 visa.

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  • After passport renewal, what needs to be done to extend I94 expiration date?

    Hi, I travelled to USA in Dec-15, but my passport is valid only till July-2016. My H1 petition is valid till Aug-17. Due to my passport expiry date, my I94 is valid only till July-16. Now I am apply for renewal of my passport. What is the pro...

    Stephen’s Answer

    You will need to file for an extension of your H1b.

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  • What should the income be before bringing a fiancé to the US from another country?

    I just want to know how much do I have to make in order to bring my fiancé, without needing a sponsor. Thanks.

    Stephen’s Answer

    Most countries do not require an I-864 but some do. Generally it should be about 125% of the poverty line for a family your size plus the sponsored alien.

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  • How long will it take to get greencard for my son How long should I live in a Wisconsin before I can file here for my son

    Green card holder filling greencard for son. How long should I live in a state to be able to file greencard for my son

    Stephen’s Answer

    Depends on your status, his age and marital status and other information. He must live in Wisconsin at the time of filing.

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  • Can a sole proprietorship sponsor me for a E-2 manager visa?

    I would rather not open a corporate entity before purchasing a restaurant in the U.S. Can I just purchase everything under my name and sponsor me for an E-2 visa?

    Stephen’s Answer

    I am not aware of any requirement for the business to be incorporated to be valid for an E2 investment.

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  • I-485 need "additional review". Is this bad?

    I am a mother of 3 kids. I granted asylum in March 2014 and filled I-485 in March 2015. Till now my case is still pending for more than 10 months now. Yesterday USCIS replied to my service request that: “Your case is currently pending adjudication...

    Stephen’s Answer

    They must check your background and in addition verify you are not subject to any bar to adjustment for supporting any insurgency movements. Yes, it is possible for USCIS to deny your adjustment if there is a valid basis.

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  • Is applying for this scholarship can affect my Asylum case?

    I'm on F-1 visa and I applied for an affirmative Asylum case.I'm from Syria. I want to apply for scholarship through Institute of International Education (IIE) due to financial hardness. This is the site of the scholarship: http://www.iie.org/Wh...

    Stephen’s Answer

    No, a scholarship is not like food stamps and even if it were it would not affect your eligibility for asylum.

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  • Would that mean I'm illegal now since my new status date has passed?

    Hi, while being on my J1 visa which expired on May 19, 2015 I submitted the form I-539 to change to B2. I got the letter from USCIS saying they got my papers on mid June. Then ok December 28, USCIS sent me a letter requiring additional evidence fo...

    Stephen’s Answer

    You are indeed out of status. They cannot approve you for over six months from the date your status expired.

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  • Does my husband need to submit W-2s if we have a sponsor?

    If we have a sponsor (who filled out I-864), does my petitioner/husband need to submit his W-2s or just I-864 is enough?

    Stephen’s Answer

    If your husband filed a visa petition for you, he must not only complete and sign the I-864, he must also submit the required documents such as his 2014 tax return with attachments.

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  • In future while submitting DS 160 form ,What should I answer to the question "have you ever been refused a US visa"

    An H-1B petition filed by an employer was not approved after a RFE to the employer. My change of status from h4 to H1b was denied. However I am currently on a valid h4 dependent visa.

    Stephen’s Answer

    Technically your applications were not for visas but change of status.

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