Justin Francis Fappiano’s Answers

Justin Francis Fappiano

New Haven Immigration Attorney.

Contributor Level 6
  1. Asylum case transfer to marriage case, how long time does it take me to waiting for the result after the I-130 filed?

    Answered over 3 years ago.

    1. Carl Michael Shusterman
    2. Justin Francis Fappiano
    3. C. C. Abbott
    3 lawyer answers

    Your post mentions postponed court dates and a judge so it sounds like you are in removal proceedings. If so, USCIS only has power to decide the I-130. If approved, the immigration judge could then decide the I-485. The judge could also terminate your removal proceedings and allow you to get a decision on the I-485 from USCIS. If the Dept of Homeland Security attorney's position is that you should not be let out of removal proceedings, the judge would probably keep your case in the...

    4 lawyers agreed with this answer

  2. I been merried with a American citizen for 10 years an leaving here for 17 years. How it's possible not find my I-94?

    Answered over 3 years ago.

    1. Justin Francis Fappiano
    2. Robert C Ross
    3. C. C. Abbott
    4. Ekaette Patty-Anne Eddings
    4 lawyer answers

    Your post does not mention what your status was, but a Freedom of Information Act (FOIA) request to the State Department as opposed to USCIS might get you proof of the visa you used to enter. I assume that was also lost with the passport. Proof of that visa, if you can get it, could be used to try another I-102. However, if you entered with a type of visa that does not allow you to adjust your status inside the US, having the I-94 would only confirm your ineligibility.

    1 lawyer agreed with this answer

  3. If my case is denegate with immigration they goin to send me back to my country?

    Answered over 3 years ago.

    1. Justin Francis Fappiano
    2. Richard Andrew Constantino Alton
    3. C. C. Abbott
    3 lawyer answers

    You are not likely to be put in deportation after a denied U visa petition unless you have certain negative things in your past. Criminal arrests and or convictions must be listed in the I-918. The form also requires you to disclose all time that you have spent in the US. The U visa petitioners I have worked with in the past all were required, for various reasons, to submit Form I-192 along with their petition. You need the assistance of a licensed attorney or a qualified non-profit agency....

  4. My H1-B visa is expiring this month (6 years), I do have an approved I-140 and I-485 is pending for the past three years.

    Answered over 3 years ago.

    1. Robert C Ross
    2. Justin Francis Fappiano
    3. J Charles Ferrari
    4. C. C. Abbott
    4 lawyer answers

    Your employer-petitioner should share your concern. Make them aware of the looming deadlines immediately if you have not already done so. The I-485 was your own application, signed by you, but remember that for an H1B or H1B extension it is the employer who files the petition.

  5. Immigration - Received EAD card, what's the next step?

    Answered over 4 years ago.

    1. Ekaette Patty-Anne Eddings
    2. Justin Francis Fappiano
    2 lawyer answers

    It might be helpful to review and print the application (and instructions) for a social security card at the SSA website. But, yes, you can now apply for it, USCIS will provide no instructions on obtaining the SSN. Bring your passport as an additional ID when you apply. Lately, I have seen adjustment interviews scheduled as soon as a couple weeks following the arrival of an EAD.

  6. Asylum

    Answered over 3 years ago.

    1. Jennifer Doerrie
    2. C. C. Abbott
    3. Justin Francis Fappiano
    4. J Charles Ferrari
    4 lawyer answers

    It sounds like she alone is in immigration court. If she is in immigration court and you are not, the immigration judge can only grant her asylum. If asylum is granted, she could apply for permanent residence 1 year later but an asylee is not legally required to become a permanent resident. She can remain in asylee status indefinitely. No later than 2 years from the date of receiving asylum your wife could file a Form I-730 on your behalf, a special benefit for asylee relatives that can...

  7. Effects of divorce after conditional Green Card

    Answered over 3 years ago.

    1. J. Richard Kulerski
    2. Andre R. Olivie
    3. Justin Francis Fappiano
    3 lawyer answers

    If USCIS denies your waiver petition you have the right to de novo review (a new decision) by an immigration judge in immigration court. USCIS would be represented by a Department of Homeland Security trial attorney and you would have the right to hire your own attorney. Depending on the court it could be more than a year before you get a merits hearing in front of the judge. If an immigration judge also denies the waiver you could still seek voluntary departure at the end of the hearing,...