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Stephen D. Berman

Stephen Berman’s Answers

14,309 total


  • Is having attorney present during Naturalization interview gets negative attention to my case from Immigration officer.

    Reason I want to hire attorney: I divorced my wife after being marred to her 2,5 years ( got my GC because I marred her after she won DV lottorey). We have 2 kids together,both born in US and we gave our kids her last name to make international tr...

    Stephen’s Answer

    I have not found that USCIS considers it negative to have a lawyer present at a citizenship interview. Usually it ought to make it easier for them.

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  • Can I work while I am waiting for the extension of my work permit?

    My husband (he is US citizen) and I applied for adjustment of status through marriage (AOS) early 2015. I come on a j1 ( not subject to 2years requirement), prior to the expiration date, i applied for a tourist visa and shortly after for h2b visa ...

    Stephen’s Answer

    No, one is not authorized to work without an employment authorization document. Unauthorized employment, by itself, would not be sufficient basis to deny adjustment of status based on marriage to a US citizen.

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  • Do I have to list what church(es) i go to on my I-485 application with USCIS?

    In part 3, section C. of I-485 application for change of status, it asks to list present and past membership in or affiliation with every organization.....Does that mean i have to list what churches i go to? NOTE: i'm not formally a member of an...

    Stephen’s Answer

    If you are not a member, you do not need to list it.

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  • My daughter is an non immigrant and im a green card holder single mom. can she stay with me here in the us?

    okay im a greencard holder. my daughter has a tourist visa, can she stay with me here in the us? can she study here in the us and is it possible for her to be citizen when i turn to be citizen? there will be no problem for her staying here as over...

    Stephen’s Answer

    She can try to change to a student visa if that is what she wants to do. No, a person does not have permission to remain in the U.S. illegally, even if they are living with their parent.

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  • Do we need to wait before we apply SSN after we got H4 - EAD.

    Hi, My wife recently got the H4 EAD card absed on my approved I-140 petition. Within 1 week after she got the EAD card, we went to SSA office and applied for SSN. But the SSA officer told that they could not verify her immigration status online...

    Stephen’s Answer

    I agree with my colleagues. Contrary to what many think, the SSA and USCIS do not share a common computer system and SSA does need to verify status, and that does take time. It would be pointless to go again and request the same thing.

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  • How should i proceed ? ( asylum case )

    Hello , I came to the U.S. based on derivative asylum status then i applied for my change of status to permanent resident then i was informed that because my mother who originally applied for me has became a citizen i am no longer eligible to ad...

    Stephen’s Answer

    Something is missing because the asylum office does not process your application for adjustment of status. If you filed a new, nunc pro tunc asylum case, and the asylum office has not adjudicated it, then contact a supervisor.

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  • Would i have a problem if i come back 2 months after i left?

    Ive just spent 5 months in my aunts house in Miami, FL because my university in my country stopped teaching for the entire semester, now that im back in my country for a while, my aunt wants me to spend her birthday with her and my cousins, im not...

    Stephen’s Answer

    The CBP official can decide if you are a bona fide tourist or if you have moved to the U.S.

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  • During my interview for an H-4 at the US Consulate (in August 2016) can I ask for a December 2016 or January 2017 start date?

    Until June 2016, I was on a J-1 visa in the US, and my 2 children were J-1 dependents. My husband has had an H-1 visa since October 2015. We are Canadian, and have interviews at the US Consulate at the beginning of August to get me and our childr...

    Stephen’s Answer

    Your start date is the date you are admitted to the U.S., so you yourself can change the start date by deciding when the enter and when to leave.

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  • When filing form i-131 i'm asked to submit : A USCIS-issued document showing your present status in the United States

    I have an F-1 Visa. Can i show my i-20 document?

    Stephen’s Answer

    Perhaps you could show the visa in your passport and the stamp in the passport showing your admission.

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  • How long uscis usually takes to confirm they received asylum application

    I applied for asylum a month ago but still I am waiting for uscis confirmation that they received my application or not

    Stephen’s Answer

    Generally it takes less than a month.

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