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Stephen D. Berman

Stephen Berman’s Answers

14,285 total


  • 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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  • I am a F-1 visa holder and would like to apply for asylum

    Hello, I'll graduate in 2018 . I'd like to know if I apply for asylum in beginning of 2017 and my asyluM request is denied . Could I still apply for an opt ( by the end 2017 or beginning of 2018) after my asylum is denied? My question is : If th...

    Stephen’s Answer

    Filing for asylum should not prevent you from filing for OPT.

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  • How long until my girlfriend is eligible for US citizen?

    She already has a green card, she's had it for more than five years, but we plan on getting married on October. Someone told her that if she doesn't get the US citizenship before we get married, she will have to wait 3 years in order to be eligibl...

    Stephen’s Answer

    It would seem she is eligible already to file for citizenship. No, there is no marriage penalty in eligibility for citizenship.

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  • I am in need of citizenship status been here 53 years. I was born in berlin,germany.adopted and brought to the U.S. in 1963

    have been approved for ssi and need to show proof of citizenship before I can collect. can I get help fast?

    Stephen’s Answer

    If you are not yet a lawful permanent resident, this will not be possible. You should consider filing for registry.

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  • Can H1+H4 (premium) be filed by new employer while spouse H4 COS is pending and F1 expired.

    Hi, I'm on H1B and planning to change the employer. My spouse is on F1 OPT which ends in a week. Now my new employer may not be able to file H1B petetion +H4 with in a week, but will file a few days later. Now, what is the best option for my spous...

    Stephen’s Answer

    If you are in valid H1b status, your spouse can file now to change status to H4 and thereby remain in lawful status.

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