Skip to main content
Joseph M Tapper

Joseph Tapper’s Answers

25 total

  • How long for a visa

    my husbands waiver was approved and sent to the consulate in guatemala he has already sent them his passport and other stuff they asked for .will it be long before they give him his visa

    Joseph’s Answer

    It shouldn't be too long if the file is up to date. Make sure police letters haven't expired and the adffidavit of support is relatively current.

    See question 
  • HI, My I485 is pending. Applied in jan12. Can I add my wife to I485 now ?

    My wife was here in US till last OCT. As there was no idea as to when my priority date will be current, She left to India and joined work there. She is now planning to come back during november 2012 as she can resign only during october per her j...

    Joseph’s Answer

    Assuming you are in lawful H-1B status, she can enter on her H-4 and file an I-485 if 1.) Your I-485 has not yet been approved (although there may be a way around that) nad 2.) your quota is current.

    See question 
  • Iam trying to get my wife a green card.. I have asked my father to sponsor her which he has agreed to.. After filling out the sp

    Iam trying to get my wife a green card.. I have asked my father to sponsor her which he has agreed to.. After filling out the sponsorship papers he had told me that he hasn't gotten his taxes filed.. his gross income is 200k which he has stated on...

    Joseph’s Answer

    By "sponsor", I assume you mean filing an I-864 affidavit of support. He should file all of his back taxes as soon as possible. I doubt the USCIS will accept a filing and give a benefit without the co sponsor's papers being in order. SEE AN EXPERIENCED IMMIGRATION LAWYER.

    See question 
  • Can my non-American wife enter the U.S. on VWP when I return from abroad for a new job, then apply for a Green Card after?

    I am an American living overseas with my two American children (13 and 7) and their non-American mother, my wife of 20+ years. I have just been hired for a new job in the U.S which begins in two months. Given the long wait for an immigrant visa fo...

    Joseph’s Answer

    • Selected as best answer

    No, that would be fraud. At the time of entry, she is representing that she wil leave w/i 90 days. See an experienced lawyer for furthe advice.

    See question 
  • My priority date is 23january'03 (f4 category-india)what's your prediction when it will be currant?

    hello, I am from india and my PD is 23 january2003 (F4 brother-sister). only tell how much time wait ? I known visa bulletin currant status is 15Aug00. please tell me your prediction. because i am 20 year old?

    Joseph’s Answer

    Right now, they are issuing visas to people who had petitions file for them on or before 01/15/2000. You should check http://www.travel.state.gov/visa/bulletin/bulletin_1360.html go back a year or 2 and try to interpolate how much time is left. It's not an accurate process, but that's the best you can do.

    You can't "age out" as an F4.

    See question 
  • Overstay for Medical Reasons

    My brother came to visit me here and intended to leave last week. Unfortunately he was involved in a near fatal motor traffic accident and is incapacited in hospital. I just realized that because he did not leave yesterday he has overstayed his v...

    Joseph’s Answer

    I agree with Carl. He needs to apply for reinstatement to visitor's status. Under the facts as presented he should be granted that. NEVER take the word of an Immigration officer as to how to proceed from the customer service line. They are reciting from rote, and obviously have no understanding of the situation

    See question 
  • I have a case for asylam in ny and I am going to marry a man from ct can I close my asalam case?

    I went to court once and it was postponed and I have a court date this month. I will be getting married after my court date.

    Joseph’s Answer

    I agree with the Attorneys who said to get married before the next hearing date and file an I-130 petition.. The Hartford Immigration Court will not necessarily give you enough time to get the I-130 petition approved and for you to apply for AOS. They are very strict that way. I strongly urge you to consult a lawyer experienced in the Hartford Immigration Court. There are quite a few.

    See question 
  • Should I let a roofing contractor put a lien on my house for my withholding partial payment after completion of work?

    The contractor did a good job on the roof. However, they messed up some of my gutters (not flowing right, not level). I withheld $1000 of the $13,980 that I owe them, telling them that the gutters need fixing. The contractor came out, said they...

    Joseph’s Answer

    This is not an immigration question

    See question 
  • I have friends who came to the with USA B1/B2 Visas with their two children in April of 2004. They have overstayed their visa.

    Their children are now 9 and 13 and have been going to school and are honor roll students. They work and pay taxes using their IRS Tax ID #. They have no criminal record. Have not left the country and have never faced any problems with Immigration...

    Joseph’s Answer

    I agree with the prior answers. A visit with a good Immigration Lawyer might help.

    See question 
  • I have an interview coming up for application to register permanent residence( i-485) can u please tell me what documents to

    take for the interview?? Moreover beside the cable bill,lease agreement and bank account we have in both names we dont have anything else.. Do i need to get more documents to add this?? Life insurance and health insurance which is deemed very impo...

    Joseph’s Answer

    There is no single answer to documentation needed for an AOS interview. The more the better. Anything received from a governmental agency is good. That would include the Social security administration, DMV and others.

    I would NEVER go near CIS on a spouse AOS case without a good lawyer. They are not out to help you, and there are many, many traps you can fall into.

    See question