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Stephen D. Berman

Stephen Berman’s Answers

11,142 total


  • I have conditional U visa approval, i was out of US when my case was filed. I would file Parole to enter USA.

    If Parole application gets accepted. Would the requirement for continuous presence, for Permanent Resident, applicable while im still back in my country or after I have entered US? If it takes time for consular processing would I e jeopardize my c...

    Stephen’s Answer

    If you are paroled into the U.S., normally you would file for adjustment of status once the visa is available. But if you chose not to do that and instead returned to your country to get the U visa, so long as you did not violate or overstay the period of parole, there should be no bar to obtaining the visa abroad.

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  • 2 Questions...Permanent Residency and US Citizenship

    Hello...I have 2 questions. 2 of my siblings, who are residents of the Philippines, were petitioned by our mom, who is a US citizen residing in the US. Both were petitions for unmarried children over the age of 21 . They already received the...

    Stephen’s Answer

    The next step for your siblings is that you will get instructions from the National Visa Center. When the visa is available they will take a fee payment and request documents. If your niece was admitted as a permanent resident, and her parent naturalized, and she was not yet 18 years old, then she may be a derivative US citizen.

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  • Can the U.S. citizen apply for new spouse's 19 year old child's green card if they cohabited 3 years before the child turned 18?

    Non citizen spouse has a 19 year old child, and the U.S. citizen and spouse got married after the child turned 18. However, they cohabited for three years before they got married. Does this make a difference in applying for a green card?

    Stephen’s Answer

    No, the date of cohabitation does not have help create any step parent relationship with a child from a prior marriage, under the U.S. immigration laws.

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  • Hello. My I-485 is pending and I got my work permit/advance parol card? Going to go to home country for a 2 weeks.

    Hello. My I-485 is pending and I got my work permit/advance parol card? Going to go to home country for a 2 weeks. I am not supposed to have any problems to enter US. Is this correct? And I scheduled an appointment to USCIS, but it's less than 45 ...

    Stephen’s Answer

    No, you are not likely to have any problem returning to the U.S. with advance parole. Not sure what you mean you scheduled an appointment with USCIS.

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  • Is it okay to return to the U.S. on a new H-1B visa after spending only 359 days outside the country?

    I worked in the U.S. on an H-1B visa from 8/20/2008 till 8/19/2014. I left the U.S. on 8/19/2014 so that I could spend a year outside the United States and then return on a new H-1B. Earlier this year, my employer filed an I-129 Petition for me wh...

    Stephen’s Answer

    Yes, you can return prior to the effective date of the visa by 30 days.

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  • CAN MORE THAN ONE U.S. FAMILY MEMBER PETITION FOR THE SAME IMMIGRANT ?.

    FAMILY BASED PETITON OF FATHER UNDER F2B AND THE MOTHER UNDER F1. BOTH PETITIONS ARE CURRENTLY UNDER PROSCESS. WAITING WHICH PETITON CAN GIVE A VISA SOONER THAN THE OTHER. IS THERE ANY LEGAL PROBLEM IN DOING THESE ? AFTER GETTING A VISA WHAT SHOUL...

    Stephen’s Answer

    No, there is no problem doing multiple petitions.

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  • Green card online status

    My I 485 got approved July 16 and my welcome notice arrived on the 20th, I wanted to go back to my country before August. But my green card has not been mailed yet, and my online status haven't changed since welcome notice. I'm wondering what are ...

    Stephen’s Answer

    It normally takes up to three weeks to get one's green card. So there is perhaps a 50% chance you will get your card by August 1st. Perhaps you can get a stamp in your passport if you have an emergency need to travel.

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  • About immigration relief measures......for Filipino Nationals.

    USCIS Memorandum states: In light of recent Natural Disaster, Filipino nationals may be eligible for certain immigration relief measures if requested. e.g. Change or extension of nonimmigrant status for an individual currently in the Uni...

    Stephen’s Answer

    The 2013 memorandum does state that USCIS could grant this relief. Whether the person is eligible for another visa status, is the issue. If they are, then this may be a good option.

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  • In the process of getting the green card through marriage, can a student visa be canceled?

    My wife and I got married earlier this year, she is an american citizen by birth and I have a F-1 Student Visa. We sent all the forms and documents needed for the process of green card through marriage to immigration in the beginning of July. I ha...

    Stephen’s Answer

    If for any reason USCIS denies your adjustment of status, you will be out of status and there could be numerous consequences for your future immigration to the U.S.

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