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Stephen D. Berman

Stephen Berman’s Answers

14,626 total


  • COS Denied wrongly

    I had applied for Change of Status from H4 to F1 on April 22, 2016 and I received a denial notice on August 11, 2016. The reason stated is "I left US on May 8,2016 and thereby abandoning my application for COS" however, I never left US on May 8, 2...

    Stephen’s Answer

    You can file an appeal/motion to reopen and it is possible they could approve you. You can also simply go abroad and file for the F1 at your country's US consulate or embassy.

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  • Can I apply for expedited interview in asylum with HIV?

    I have applied for asylum in Los Angeles over one year. Didn't have a interview.now I have EAD card and SSN. But unfortunately I was diagnosed with AIDS few days ago.HIV will affect my immigration applications now?Or can I use this reason to apply...

    Stephen’s Answer

    There is such thing as expedited review and you can request it.

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  • Can an unpaid ticket which was back in 1998, that has now turned into an arrest warrant affect my parent's visa application?

    I am the son and I filed visa petitions for my parents that has now been approved, my only question is if my father has an arrest warrant for an unpaid traffic ticket which was committed back in 1998. Will it affect him on the day of his visa inte...

    Stephen’s Answer

    An arrest warrant can affect getting a visa and in addition, can get a person arrested upon their arrival in the U.S.

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  • Sir, I have applied for H4 and H4 EAD 1 month apart. If I travel now, I know that H4 will be denied but I can get stamped on H4

    I am on F1. expiring on Aug 26 2016. I want Work authorization ASAP as an offer is waiting. I have applied for H4 on May 1 Applied H4 EAD on June 1 Both not approved. Can you tell me if I can go to other country like Mexico and get F1 to H4 ...

    Stephen’s Answer

    If your spouse is an H1b you should be able to get an H4 visa at the US consular office abroad. I am not aware that leaving the US causes an EAD to be revoked.

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  • Notary - experience summary from my ex supervisor from my past employer

    Hi, I worked for Wipro for 10 years, the experience letter issued, with name is not identical as in the passport - legal document. So, I had requested my ex-supervisor from my previous employment to draft a letter, summarizing my experience and...

    Stephen’s Answer

    In the US a notary merely verifies signatures, they do not authenticate documents.

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  • Can the French embassy cancel my US B1/B2 visa?

    I'm applying for a French student visa soon in India and since I'm unemployed at this point in time,I wanted to continue my education in France so I can get better opportunities here when I come back. I do however have a B1/B2 visa valid for ten y...

    Stephen’s Answer

    This site is for US immigration law. Please contact a French Immigration law attorney for questions about their laws.

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  • How can i change my visa status (j1) into tourist visa?

    I want to extend my stay here to explore different states but i'm still a j1 so i cannot travel yet because i'm busy working

    Stephen’s Answer

    You can file an application for change of status to B1/B2.

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  • Can i qualify to apply for a u visa after scam?

    If i have been a victim of a scam and i assist the police in the investigation & arrest of the scammer can i qualify to apply for a u visa?

    Stephen’s Answer

    Probably not, but it depends on what the scam was.

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  • How can I sponsor myself for the green card?

    I have worked in the US for the same employer for 8 years, 3.5 year under TN and 4.5 under H-1B the employer is dragging his feet and delaying as much as he could for the green card sponsorship and very possibly taking advantages of my situation. ...

    Stephen’s Answer

    Certainly there are some employment based visas that do not require a petitioner such as Aliens of Extraordinary Ability and National Interest Waivers. If you qualify, you can self petition.

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  • Can I apply for a citizenship after being divorced ? Can I fill myself the papers?

    I'm a resident in this country since 2007 I get my residency though my husband that now is my ex-husband ,we married in 2004 and divorced in 12/2015 living together for 8 1/2 years after 10 years of married . I want to apply for my citizenship now...

    Stephen’s Answer

    Yes, you can file for US citizenship even if you are divorced and even if you got your green card based on marriage. There is no requirement to remain married permanently to someone to be eligible for citizenship.

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