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Stephen D. Berman

Stephen Berman’s Answers

12,526 total


  • What to do

    Hello,, my question is that I am on F1 visa ...but recently my school terminated my saying that because I couldn't attend the first two weeks of my semester ...but I didn't got any mail or call notice for getting termination.when I asked them the...

    Stephen’s Answer

    You can apply for reinstatement, so long as the DSO is willing to recommend reinstatement and you have not worked without permission.

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  • What is the best thing to do? Get a lawyer? Just turn himself in?

    My boyfriend is an illegal alien he got pulled over for a dui or dwi and he had no license then he didn't show up for court and it's been over a year since the court date.

    Stephen’s Answer

    He should get a lawyer, both immigration and criminal defense, in order to make sure there are as few surprises as possible.

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  • What are the problems we will face ahead once he gets approved?

    I am a citizen of the US I am in the process of applying for residency for my two parents, both came to the US in the 70's illegally my father was caught and detained by the INS twice and sent back, my mother was not. Now both parents a protected ...

    Stephen’s Answer

    Perhaps you mean 245(i)? The exact information and dates are needed, so see a lawyer.

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  • Can my employer file H1b when only on EAD of TPS but TPS application still pending?

    I have EAD from TPS but my TPS application is still pending. I am out of status from previous status but I filed for TPS timely before going out of status. My employer says he is willing to file H1b. 1.can one file h1b on pending TPS applicatio...

    Stephen’s Answer

    Yes a company can file an H1b for a person on TPS. However one cannot change status from TPS to a nonimmigrant status. If three are over 180 days unlawful presence, then there may be an issue about getting issued the visa.

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  • Divorce while joint 751 pending

    Hello I have been in contact personally with few lawyers about this case. however i keep getting almost very different answer from each one and i am really stuck and not knowing what do i need to do I have been married to my wife for 2 and...

    Stephen’s Answer

    You can wait until USCIS incorrectly approves the application and face problems later, you can wait until they deny it. You can file for a hardship waiver if you can prove hardship, or you can get divorced and ask the change categories from joint to good faith marriage waiver.

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  • What steps r needed to reapply 4 adjustment of status? What risks are there for deportation or legally? What forms are needed?

    I'm a US citizen who sponsored my fiancée to come to America from Thailand in 2013 on a K1 Fiancee Visa. We had lived together in Thailand beginning in 2008 and, had a well established relationship. Visa was approved and she arrived 09/2013. We...

    Stephen’s Answer

    They can all reapply. It is certainly a problem that you do not live together and you did not show up once before.

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  • If she gets the B1 through the embassy and comes to here.is that a risk i am not getting my residency visa(H1) ?

    I am medical graduate on j1 research and applying for the match to get a residency. most likely it will be h1b and i will try to change my statues inside the states because i am from Syria but has no tps or asylum.my fiance has French asylum passp...

    Stephen’s Answer

    Getting married and immigrating to the US is not one a proper purpose for the B1 visa. Of course she must tell the truth on the application.

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  • Questions related to I-539 filed for B2 to H4.

    I am on H1B, Wife visiting on B2. Her duration of stay expires on Feb 20. Filed I-539 for B2 to H4. on Nov 2015 at Vermont which is taking 11 months to process these days. I understand that she will be considered in an authorized stay while I-5...

    Stephen’s Answer

    If denied, she will accrue no unlawful presence with a timely filed application pending. If approved, she can choose to reenter the US on the B2 if she wishes.

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  • Can I work in USA and travel outside of USA with EAD? What will be my current visa status !!!?

    My brother (US citizen) submitted F4 petition in Aug 2002 for me. I came in USA in 2010 as a student (F1). In Aug 2015, the priority date (Oct 2002) became current and I submitted adjustment of status application with advanced parole application....

    Stephen’s Answer

    If you have advance parole, you can travel in and out of the US.

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  • How long does his green card to be approved take?

    Hello, I have been a green card holder for a year and living in the US for the last six months. My boyfriend will apply a student visa and he will come here. When he come here, we will get married in the USA. We want to apply for green card fo...

    Stephen’s Answer

    It depends on his country of original but as of now F2A [spouse of LPR] has about a six month wait for availability.

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