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Stephen D. Berman

Stephen Berman’s Answers

10,472 total


  • Do I need my Passport for Asylum interview?

    I have an interview in a couple of weeks but I lost my orginal passport I have the copies . I also have State issued ID and Driver license .

    Stephen’s Answer

    As long as you have a valid, government issued ID, they will be able to conduct the interview. Your passport may have information they need to see, so it could be an issue.

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  • Do I need active I94 to apply for new H1b visa.?

    I entered US on 1/27/2014, my passport was expiring on 2/2/2015, so I 94 was issued with limitation till 2/2/2015. I renewed my passport. I am currently working under an active H1b visa which expires on 6/19/2015. I am applying for a new H1b visa,...

    Stephen’s Answer

    If you were admitted until February 5, 2015 and you have not departed, and did not file for an extension of status until after that date, then you cannot extend your status. You are accruing unlawful presence in the US and you would need to get your new H1b abroad.

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  • Can my wife go for H4 stamping while my H1b is in transfer process

    Currently I am with Employer A and got offer from employer B and they have just started working on my H1 transfer (filed LCA and waiting for LCA approval) next week they will apply for H1b transfer. H1b transfer premium process is suspended tempor...

    Stephen’s Answer

    Perhaps your wife should consider filing for an extension of her H4 status instead of consular processing for a new visa.

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  • I am supposed to get my citizenship in about a month or so but someone is suing me. Will this affect me?

    Will this affect me to get my citizenship since I heard you have to be debt free?

    Stephen’s Answer

    There is no law that a person must be debt free to be eligible for citizenship. Being a defendant in a lawsuit does not disqualify a person from citizenship.

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  • How does a stateless person go about legally changing their name?

    How does a stateless person go about legally changing their name? Also too, if a person has an American based business, how does becoming stateless effect that?

    Stephen’s Answer

    To do a name change, a person would file at their local court a petition for name change.

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  • Pending asylum decision for 3 years!

    I prepped and filed asylum case in October 2012 and interviewed by AO in November 2012. Every 3 months I send inquiry but I receive the same respond "pending" in November 2014 I received another interview notice and I went to the interview in Nove...

    Stephen’s Answer

    All cases are delayed due to the influx from Central America. They are supposed to be clearing out the older cases now, so yours may come up soon. Meanwhile, if you have some emergency or circumstance that requires immediate attention, you can request the asylum office to expedite your application.

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  • Change of Status from L1 to H1

    I am working on L1 A and my husband has an L2 EAD. He is working on a job currently. We both had filed for H1-B (Cap) petition (Change of Status) individually in April. I have received my receipt number, but my husband has not received it yet :-( ...

    Stephen’s Answer

    If you are granted a change of status to H1b, then you will no longer be an L1A. If you do not wish to be an H1B, you should withdraw your request for change of status.

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  • Sua sponte motion to reopen (MTR) is denied by BIA

    I'm US citizen. My wife's ex-husband was unsuccessful in his asylum case for the past 10 years (they went through multiple appeals), my now wife was his derivative who did not testify in his case at all. I married her 2 years ago and we were gran...

    Stephen’s Answer

    Normally one would request Chief Counsel to join in a motion to reopen. Granting a motion sua sponte is highly discretionary and it is extremely doubtful that there is any federal court jurisdiction over such a request.

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  • N400: Interview - Supervisor Review Wondering how long it takes in Chicago.

    I had my interview last week at Chicago, it passed and the officer stated "As you have one arrest during the statuary period, I cannot approve the case now, supervisor will approve and you will receive Oath letter in 4-5 weeks" I had one petty th...

    Stephen’s Answer

    In my experience for many years of handling such cases at the Chicago USCIS, it will take at least nine months. That is true even if USCIS already had the information with your adjustment, and even if all charges were dropped.

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  • I need advice

    Hello dear lawyers! I have some questions. I am student. I studying in MBA. and have F1 viza. My family going to come in US by F2 viza. I would like to know: 1) My children to able to study at state school? 2) My wife able to go language course...

    Stephen’s Answer

    A spouse and minor child, dependent of an F1, is authorized to attend school. But, the spouse may not engage in a full course of study [although she can get her own F1] and the child may not engage in post secondary study.

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