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Stephen D. Berman

Stephen Berman’s Answers

14,339 total


  • What does cancelled with prejudice mean on visa?

    what does cancelled with prejudice mean on visa?

    Stephen’s Answer

    It means in the view of CBP that the person should not be reissued the visa.

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  • Disability based Asylum and employment based EC2

    Hi, I am on H1B due to expire in 2018. My employer has started the process for GC recently . I have a disability and I am working full time, my hands are still working, and I am a computer engineer, so I can still do work on computers. I want to ...

    Stephen’s Answer

    The first question should be what makes you eligible for asylum.

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  • Can a derivative non-immigrant remarry a US citizen and adjust status?

    My wife and I are on our third non immigrant visa. She is the derivative. Shortly into the third renewal, we decided, amicably, that the relationship was no longer working as a romantic one. We have both begun dating again and she has had a seriou...

    Stephen’s Answer

    This is indeed a classic fraud profile and you should expect USCIS will figure out what is going on.

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  • What type of visa should i apply for if i plan to request for asylum at a port of entry/airport.

    I am a gay man from malaysia who is suffering from discrimination on the basis of my sexual orientation and medical condition (hiv aids), although i have been perfectly fine taking my medications and am from a decent job here. I plan to apply for ...

    Stephen’s Answer

    There is no question that you will be denied a visa if you reveal your intent to file for asylum in the U.S.

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  • EAD Approved, when will the card arrive

    My USCIS case status shows that my I-765 was approved on July 26th and they sent an approval notice. Since then there has been no update such as Card Production Ordered, Card mailed etc. I want to know when approximately will i get my EAD card. In...

    Stephen’s Answer

    An approval notice is not the same as a card. It does take a few days for the card to arrive.

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  • Can I file a motion to reopen/reconsider my I-539 to change status with an expired I-94?

    My I-94 expired in May 2016. We filed a I-539 petition in April 2016 and received the denial in July 2016. If I file a motion to reopen/reconsider, can I stay in the US until the decision is made on the I-290b?

    Stephen’s Answer

    If the motion is granted, then yes . If it is denied, then no.

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  • Can someone in visitor visa, can file Divorce in US without spouse sponsor.

    I got married ~ 3 years back in home country (Nepal). Since inception my wife and her family was torturing me and my family. I spent total 9 days over the period with her. It did not worked out and I was in US for further study. She was threaten...

    Stephen’s Answer

    This is not an immigration law question. Generally the law of the state will determine if a person can file for divorce.

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  • Entry without i797

    Hi. I am in Israel and I have an Israeli passport stamped with H1b visa, based on online approval of the petition from the employer. The i797 was sent to the employer but still in transit. I have the email notifying about the approval of the petit...

    Stephen’s Answer

    If you have been issued an H1b visa, and you have a corresponding letter of employment there should be no problem being admitted into the U.S.

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  • Will my daughter also get green card through my VAWA application?

    I am applying for VAWA now. I know I have to wait until the i-360 is approved before filing i-485. My daughter is 20 now and will turn 21 in february. What are the chances she can also get a green card with me. I am afraid she age out?

    Stephen’s Answer

    You can check whether she is covered by the Child Status Protection Act and in addition she may have her own basis for filing an I-360.

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  • Green card

    Is it possible to apply for cancellation of removal if you your green card application has been denied 4 years ago but the uscis never did put you in removal precedings?

    Stephen’s Answer

    One cannot file for cancellation of removal if they are not in removal proceedings.

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