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Stephen D. Berman

Stephen Berman’s Answers

11,384 total


  • Citizenship denied due to disruption in continuance of residence

    Hi, this is in regards to a citizenship denial to my mother. She got her green card in Jan 2006. She is 76 years of age. Her citizenship application was denied twice. The first time, when she applied in May 2013, she was denied because she did not...

    Stephen’s Answer

    You can file a request for hearing and perhaps they will reconsider. In order to win you will have to show some significant contacts she maintained in the U.S., to show that the US was her primary residence.

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  • When a case is move to jurisdiction, what does that mean? because i apply to remove conditional resident and case sent to jurisd

    romoval of condition resident

    Stephen’s Answer

    A jurisdiction means a territory which a certain administrative unit covers. For example, the Milwaukee Sub Office has jurisdiction over counties in Southeast Wisconsin.

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  • U visa

    I apply u visa in agust 2014 I biometric done in October so how long do I have to wait

    Stephen’s Answer

    It depends at least in part on the quality of your application. I would guess you have about nine months more.

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  • TPS notice of receipt has different alien registration number from the one on my existing OPT-EAD. Is this an error?

    I am currently on OPT and have an EAD card, and recently applied for TPS for Nepal. In the notice of receipt, my alien registration number is different from the number in my OPT-EAD. Is this an error and should I call USCIS to report this?

    Stephen’s Answer

    Your OPT Alien Registration Number is not an actual Alien Registration Number. No need to contact USCIS.

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  • Will my green card renewal be denied

    When I submitted my green card renewal application online I said no to changing name since issuance of card as I was married to a U.S. Citizen prior to getting my green card which reflects my married name. Now the uscis has sent a request for furt...

    Stephen’s Answer

    If you did not change your name since you got your card, it does not appear likely USCIS would deny your application.

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  • K-3 Visa and the I-134

    Hello, Me and my wife (U.S Citizen) got married a year ago approximately in the U.S, right now I'm back in Morocco and she plans to bring me back to the U.S on a K-3 Visa but we have doubts concerning financial proficiency for the I-134 let m...

    Stephen’s Answer

    It seems very likely her income is not sufficient, Her rate of pay right now is fine, but I would be concerned that she has shown a pattern of working only several months a year [which is a good way to avoid paying taxes, to become eligible for earned income tax credits, and to make one eligible for numerous needs based, public benefits]. A consular officer may well conclude that this individual has no intent or ability to support you. A joint sponsor would resolve any problem.

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  • As an international student, can I earn royalties over a music album I just officially released on Spotify?

    I am an international student in LA and am about to officially release my first studio album. I am aware of the fact I cannot work as an F1 student, but I was wondering if I could make arrangements with Homeland Security for me to be able to earn ...

    Stephen’s Answer

    Passive income you get from work you performed in the past would not likely violate any rules. However if you did the work in the U.S., you may have engaged in unauthorized employment. The arrangement you would need to make with DHS would be to apply for, and get employment authorization.

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  • Looking for a legal opinion on labor law/immigration issue . 1.5 month's salary not paid by ex-employer on H1B visa.

    I started working for my ex-employer on H1B from 28-Feb-2014 and left him on mid October-2014 , He didn't paid me last 1.5 month salary after i left him saying that i owe him 6K USD of liquidation damage as per agreement between me and him.He ...

    Stephen’s Answer

    If you believe you have a complaint you can contact the Department of Labor and possible get treble damages.

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  • PLEA TO AVOID IMMIGRATION CONSEQUENCES

    I live in maryland and i am appealing the guilty verdict from district court to circuit court. I've been charged with assault second degree by the mother of my son. I would like to know what kind of plea or pre tial disposition for this charge w...

    Stephen’s Answer

    The state, county, or municipality can charge you with a crime, not the mother of your son. Most assault convictions do not make people subject to removal or inadmissibility.

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