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Stephen D. Berman

Stephen Berman’s Answers

10,849 total


  • Should I apply to another school?

    My last day in my previous school was June 18th, I am on my grace period right now but my F1 is expired. It did on June 18th. I am going to get married and apply for a green card soon, in a few weeks. While filling out the I 485 form it asks for t...

    Stephen’s Answer

    An F1 student is admitted to the US for "duration of status" and without any end date. If you want to stay in valid, nonimmigrant status, then you do need to remain enrolled in school full time.

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  • Can I use P.O. box address as mailing address in Filing I-130 for parents and siblings? if yes , where should i write that?

    I don't want to receive any mail at my home address, Can I use a P.O box address? If yes then where should i write my P.O box address and where should i write my home address?

    Stephen’s Answer

    You can put the PO Box as your address on all of the forms.

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  • My friends came from India on B1/B2 visa. They are delivering a baby in Wisconsin, does the baby get US citizenship?

    A couple friend came from India on B1/B2 (Tourist Visa) and my friends wife is pregnant and is delivering a baby in couple of months. Does the baby get US citizenship by birth?

    Stephen’s Answer

    Yes, any person born in the U.S. is a US citizen. Note that this does not give your friends any immigration rights, and moreover if they are not paying the hospital bills, they will find themselves denied a visa, or admission to the U.S. in the future.

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  • Uni. is shutdown & he is in h1 recap. process he got h1 on masters when his university was working Can he contin on same degree?

    One of my friend he is in trouble, worried and so much panic, he has masters degree from the university which has been shut down recently. He already got his h1 in masters quota on the same university degree. He wants to apply for h1 recapturing...

    Stephen’s Answer

    Your friend should speak with an immigration lawyer. If he is already has an H1b, there should be no issue, and if he has never been found to have violated status there should be no issue.

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  • Hi i came in april 2014 in usa in c1 d visa my parents r from nepal but i entered in usa with indian passport

    Due to quake in nepal usa has released some TPS 2015 programme , do i eligible for this programme ,this programme i have indian passport but my father has nepali passport and i have other paper in nepal or i can arrange

    Stephen’s Answer

    If you can show that you are a citizen of Nepal you may still qualify, check the instructions.

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  • Do I need to maintain H1B status while family based AOS (from H1B to GC) is pending?

    I'm an Indian citizen, got married to a USC on Jan 1, 2015 in India. She (lives in TX) filed an I-130 on Jan 22 after returning to US. I arrived in Arizona on H-1B visa on a work assignment for my employer in Mar 25. I filed I-...

    Stephen’s Answer

    Adjustment of status based on marriage to a US citizen does not require the applicant to be in status. It requires a lawful admission.

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  • I applied for H1b but did not get picked in the lotery. I am a dentist working on OPT. OPT will expire on July 13, 2015.

    I found a clinic which is Cap exempt and they are willing to apply but they said earliest they can apply is by July 10th. Will it be a problem because my OPT expires on July 13. Should i apply for a school to go back to F1?? ...

    Stephen’s Answer

    If you file for a change of status to H1b while you are still in status, it should not be a problem. Cutting it very close.

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  • Us marshalls and immigration and customs enforcement(ICE) why is my family member in marshals and not in ice?

    My family member does not have any charges and he is in san luis regional detention center just as a witness. He has been there for a week now. he was in a car with other people and the us marshals got them, the person who was driving they are t...

    Stephen’s Answer

    Unfortunately witnesses have less rights than defendents, and can be held without bond. You should get a criminal defense attorney and not an immigration attorney.

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  • Why is the US Embassy taking so long to give my spouse an interview date?

    I transferred my IV petition for my spouse and received a new case number beginning with first 3 letters of the country I transferred it to. When I check my status under ceac.state.gov it says READY. And I already sent my affidavits of support wi...

    Stephen’s Answer

    Most likely they are backlogged, among other things by Syrian visa applicants, and by the computer glitch that stopped visa processing for two weeks.

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  • Getting a green card for my parents

    Hello. My parents are in a process of getting political asylum. But I got my citizenship recently. Can I petition for them now to get a green card through me and cancel their asylum process?

    Stephen’s Answer

    If you are a US citizen and if they were lawfully admitted to the US, you can file for them to become lawful permanent residents. If you withdraw their asylum applications, they will be put in removal proceedings, regardless of whether or not you filed for them or if they have adjustment of status applications pending. So, you may do that at your peril, and a great cost.

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