From the category archives:

Immigration Frequently Asked Questions

Get Your Immigration Questions Answered for FREE

February 3, 2011

Have an immigration question? You’ve come to the right place. Brad Bernstein will give you the opportunity to have your immigration questions answered LIVE on our BlogTalkRadio show! We have limited lines available, so make sure you call in early.
Date / Time: Thursday, 2/3/2011 3:00-3:45 PM Eastern Time
Link: www.blogtalkradio.com/sparbernstein
Call-in Number: (424) 222-5282

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FAQ: Converting from H-1 to H-4, Then Maybe Back Again

September 23, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I have a friend who came to the U.S. on H-4. She was on H-4 for two years. Then she applied for H-1B from two companies and got approved from both. She got a project (three months ago) working for Company [...]

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Immigration FAQ: K-1 Fiancee Visa & Fiancee’s Child

September 22, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I am a U.S. citizen. I’ve had a long distance relationship with my fiancee, who I just asked to marry me. I met her on my vacation to Ochos Rios about three years ago. Since then, I have been going back [...]

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Immigration FAQ: H-1 Visa Denial and Investigation

September 21, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I had filed for H-1B visa last year but the VISA consulate in Delhi denied it, as it wanted tax returns of the client company and other details which my H-1B sponsor company was not willing to share. I was [...]

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FAQ: Traveling on Advance Parole before Adjustment of Status

September 20, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I came to the U.S. eight years ago on a tourist visa and subsequently overstayed my allotted time. I’m married now and have filed for my adjustment of status. I have not yet received my green card. I have an emergency [...]

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Immigration FAQ: H-1 Transfer – What Action Needed for H-4

September 16, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I came to the U.S. with an H-1B visa; my family’s H-4 visa was also issued with me. After coming to the U.S., I transferred my H-1B visa to new company and I got my transfer approved and I got a [...]

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FAQ: Getting Public Assistance & Filing for K-1 Fiancée Visa

September 15, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: My fiancée lives in Jamaica and I want to file for the K-3 visa for him. The issue is that I have been recently ill and had to apply for social services. My doctor ordered me not to work for four [...]

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Immigration FAQ: H-1 Holder Applying for H-4 Visa

September 14, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: My wife has been in U.S. for six months on H-1 and is going back to India. In India, if she applies for H4, will it be necessary to carry any paystubs generated during her stay in US on H-1? [...]

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Entering on/Applying for Non-Immigrant Visa w/Green Card Pending

September 13, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I filed an I-130 for my parents (and it) is still pending. They have five years multiple visa and have been here 4-5 times already. Is it okay for them to visit for a month again while their I-130 is still [...]

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FAQ: Green Card for Talented Sportsmen/Sportswomen

September 9, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: Before coming to the U.S. three years ago, I was a competitive soccer player. I played in my country’s national team and played internationally. Since coming to the US, I have coached soccer, but not played in any competitive teams. I [...]

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Marrying a US Citizen and Filing for Daughter & Her Child

September 8, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I am married to a U.S. citizen who is filing for me. I have a daughter in Jamaica who is 16 and just gave birth to a baby boy. She is not married. My husband is filing for her as well, [...]

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Immigration FAQ: Public Assistance & Filing for Green Card

September 7, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I live in the United States. My husband is applying for my green card. My US citizen children receive food stamps and Medicaid benefits. My children are not from my current husband. Also, my children are in the Children’s Health Insurance [...]

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Immigration FAQ: F-1 Visa Stamp, H-4 Pending

September 6, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I have been on H-4 for almost three years now, and starting my MS (on H-4 status itself) in the Spring. But now I want to change to F-1 for personal reasons. I have the following doubts. request your clarification:
1. [...]

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Immigration FAQ: Green Card Compliance for Employers

September 2, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: Some of our employees’ green cards have been filed. Their projects have ended. They are working on H-1, but possess EAD and have I-140 approved and I-485 pending more than 180 days. If we revoke their H-1, are we still required [...]

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Immigration FAQ: H-1 Holder Applying for H-4 Visa

September 1, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: My wife has been in U.S. for six months on H-1 and is going back to India. In India, if she applies for H-4, will it be necessary to carry any paystubs generated during her stay in US on H-1? [...]

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Immigration FAQ: From Tourist Visa to Student Visa

August 31, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I entered the U.S. three months ago on a visitors visa. I have been staying with my aunt and cousins. My aunt told me that if I wanted to go to school, I could stay with her. I have a high [...]

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Immigration FAQ: Employer’s Responsibility in H-1 Process

August 30, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: We are small business firm with a few H1-B workers.
1. Do we need to file a separate labor petition whenever a H1-B worker moves to an different project location?
2. We are having difficulty finding project for one of our h1b [...]

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Immigration FAQ: Fake Green Card & Marriage to a US Citizen

August 27, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I am a U.S. citizen and have a good job. My boyfriend of nie years came here on a visitor visa in June 1996. I just found out that he is using someone else’s social security number with that person’s name [...]

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Immigration FAQ: Employer Not Paying – May I Transfer H-1?

August 25, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I am on H-1B since Oct 1st 2008 and working with my employer at his site. Though he is paying me in cash and kind he is not running a payroll for me since the inception. Now if I want to [...]

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Divorcing and Removing Conditions on Permanent Residence

August 24, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I got married in July, 2000, to an American citizen and we have a son who was born on March 31, 2002. I am awaiting my green card in the mail, but I need to file for a divorce. I believe [...]

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