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Sheri A Benchetrit

Sheri A Benchetrit

Stok Kon + Braverman
  • Immigration Law
  • Florida, Michigan
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Summary

Sheri Benchetrit has more than 20 years of experience practicing law; three of them as a Magistrate in the 47th District Court in Michigan. She is a graduate of the University of Detroit School of Law and she has an undergraduate degree in International Relations from Michigan State University.

Sheri’s practice is exclusively devoted to Immigration and Nationality Law. She represents individuals who wish to live and work in the U.S., as well as businesses interested in U.S. market entry. She regularly appears before the immigration courts in Florida, as well as the Board of Immigration Appeals. Sheri has practiced before the federal courts throughout her career, handling Hague International Child Abduction matters and is currently a member of the International Child Abduction Attorney Network.

Born and raised in Michigan, Sheri now lives in Miami with her husband and three children. She is very active in her community and volunteers much of her time to local charities and to pro bono work.

She has been honored as Lawyer of the Month by Lawyers to the Rescue and has been named Executive Professional Entrepreneur of the Year for 2012 by Worldwide Who’s Who. Sheri is also AV Preeminent by her peers according to Martindale Hubbell for her ethics and legal ability.

Practice Area
  • Immigration Law
Fees
  • Free Consultation
Jurisdictions Admitted to Practice
Florida
Michigan
U.S. District Court Eastern District of Michigan
Languages
  • English
  • Spanish
Professional Experience
Stok Kon + Braverman
Current
Education
University of Detroit Mercy School of Law
J.D.
Awards
Executive Professional Entrepreneur of the Year
Worldwide Who’s Who
AV Preeminent Rating
Martindale Hubbell
Highest Possible Rating in Both Legal Ability & Ethical Standards by Peers
Lawyer of the Month
Lawyers to the Rescue
Professional Associations
International Child Abduction Attorney Network
Member
Current
Florida State Bar
Member
- Current
American Immigration Lawyers Association (AILA)
Member
- Current
Michigan State Bar
Member
- Current
Publications
Legal Answers
32 Questions Answered

Q. Petition for alien relatives
A: Your wife does not have to be in the US to file an I 130. She does have to have a US address where she intends to reside for purposes of the application. In terms of your next step, I suggest that you speak with an experienced immigration attorney to determine the reason your visa was denied and whether you need to refile the I 130 and/or file a waiver.
Q. Can I apply for GREEN CARD under EB1C category?
A: As a manager, this would appear to be the correct category. In order to determine if you qualify, you should consult with an experienced immigration attorney. You can ask your employer to sponsor you, but ultimately it is up to them. If they are willing to sponsor you they will probably have you speak with their attorney.
Q. I am a Tanzanian citizen and a green card holder in US. My birth certificate had issues it doesn’t have the correct year
A: You can file an I 90 form to replace your green card and change your birth date. You should try to do this before you file for your citizenship. The error should not affect your ability to get your citizenship as long as you make the change.
Q. To exit USA after resigning on H1b, 10days grace period is what has been recommended on USCIS unless looking for new job
A: When your H-1b enters as part of the natural course (meaning when it is supposed to end) there is 10 day grace. (the Regs actually say 10 days before and 10 days after.) In the past there was no grace period if you ended your H1b early. Now there is a 60 day grace period or until the end of your current I -94, which ever is shorter. This grace period is intended to allow you time to seek alternate employment, file for a change of status or prepare to leave the US. During this period you will not be considered to be out of status. Be aware that DHS may in its discretion shorten or eliminate the grace period.
Q. When an an employee on H1B resigns from their job, can they travel in USA during 60 days period available after?
A: Provided that you qualify for the 60 day grace period (meaning that your H1b status terminates before its natural conclusion), there is no prohibition to travel inside of the U.S. during that grace period.
Q. Can a foreigner married to a US citizen (without Green Card) enter the US on F1 student visa and apply for GC within?
A: Your question is actually a bit more complicated than you might think. You will have to navigate issues of immigrant intent and documenting his ties to his home country to prove that he intends to return there. Having said that, you do have a number of options available to you depending on your specific set of circumstances. I suggest that you speak with an experienced immigration attorney to review all of your options and make a decision that will best suit your needs.
Q. If my permanent resident card expired over 5 years ago and I haven’t renewed it can I file for citizenship?
A: In order to file for citizenship you generally need to have a valid green card. You will need to file to renew your green card before you file for your citizenship. In addition I suggest that you make an appointment with an experienced immigration attorney to help navigate you through the process.
Q. Will living in a government subsidized housing affect my change of status from non-immigrant to immigrant in the future?
A: While in the past use of subsidized or section 8 housing has not necessarily been considered in making a public charge determination, the Department of Homeland Security recently published proposed rules to expand the types of assistance that would be considered in a public charge determination. That list would include public housing and section 8 housing. If you are found to be a public charge, then it can result in a denial of your green card. Since none of us can predict the future and since the government has made it plain that it intends to make it easier for them to consider certain immigrants as a public charge, I would recommend that you do not take subsidized housing as it may jeopardize your immigration position in the future. I would also recommend that you speak with the public housing administrator in your state and make an appointment with an experienced immigration attorney.
Q. Can I file I-130 for my birth mother?
A: An adoption is a specific legal term. It means that the parental relationship of at least one of the parents has been severed either by law or by death of a parent and the adoptive parent is now the legal parent. The remarriage of your father does not automatically mean that your step mother adopted you. Unless she took the legal action of adopting you through the court system, then your birth mother's rights would remain intact. This means that in all likelihood you would be able to sponsor your birth mother for a green card. In order to know for certain, I recommend that you speak with an experienced immigration attorney to go over all of the important facts of your case that you may not have included in this post. Best of luck!
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Stok Kon + Braverman
1 E Broward Blvd
#915
Fort Lauderdale, FL 33301
USA
Telephone: (954) 237-1777
Fax: (954) 237-1737