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Joseph Gerard Cella
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Joseph Cella’s Answers

390 total


  • How many days for Administrative processing with EB2 in Consulate of USA IN BRAZIL, and how many days to get clearance response?

    My case is EB2, and reach my quote, I would get imigration visa outside of USA, ( consulate in Brazil) . I did interview in the consulate of USA in Brazil in 2 months ago. 1. after interview, showed me the administrative processing, ...

    Joseph’s Answer

    Roughly three to six months is a reasonable estimate.

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  • I'm a Canadian citizen. I have a bachelors, and have been offered a Project Coordinator job in the US. Can I get an H1B visa?

    I am a Canadian citizen, living in the US on a TD (spousal) visa. I have a 3 year bachelors degree in anthropology and another 3 year bachelors degree in history from a Canadian university. I've been offered a job at a large CAP EXEMPT US company ...

    Joseph’s Answer

    As stated by my colleagues, if your academic evaluation is accepted, and the job is a "specialty occupation", you should be able to get an H-1b. What you should do is have an in-person or tele-video consultation with an experienced immigration lawyer to determine how best to proceed. Good luck.

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  • Specific question about writing checks for N400 application (citizenship) ?

    The instructions regarding whom to make the check payable to is confusing to me. In one place on USCIS instructions it says "Department of Homeland Security" and in another it says "U.S. Department of Homeland Security". Which one should ...

    Joseph’s Answer

    • Selected as best answer

    US Department of Homeland Security is correct, although either will work. We put N-400 filing fees and the applicant's a number in the "memo" space. Good luck.

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  • I need an advise.

    I have an offer to work in US but i want to stay in America for many years and someday apply for green card.which is the best way to do it from p1 visa or from h1b visa i will have more possibilities to get it?? thanks

    Joseph’s Answer

    You need to have a full and in-depth consultation with an experienced immigration lawyer, who will analyze your facts and situation and present you with your best option(s) on how best to proceed. Based upon the limited facts you have provided, one can not even reasonably conclude what if any visa(s) you may qualify for; if you would need an employment sponsor; if you could sponsor yourself; if you are inadmissible... and the list goes on. For something as important to you as your life plans, I suggest you take the time to have a serious consultation with an immigration attorney. Good luck.

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  • Hi my tname is ramazan. And i am from turkey. I will need to apply my permenant green card soon which is base on marriage.

    But my problem is my marriage is with full off problems. I am about to divorce my wife and most of proof of marriage we had such as pictures and marriage licence etc ahe does bot want to give me,i have some proof such as house lease,health care c...

    Joseph’s Answer

    You really need to see an immigration lawyer as you may file jointly with your wife, or without her, seeking a waiver of the joint filing requirement. However there additional eligibility requirements for the latter. You can still be granted if it is done properly. Good luck.

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  • H1B stamping. Past activities in USA questioned. Called for re-interview. Advice needed?

    During my H1b consulate interview, the VO expressed concern about my long lenth of stay in the US (6+3 months on approved extension of stay). He asked me to return with a list of what I had done, how I supported myself, where I stayed. Any suggest...

    Joseph’s Answer

    I agree with my colleagues. If, as you say, you have provided all the requested evidence, the matter is now up to the officer, who has 100% discretion in such matters. If you are not comfortable wit what you have provided, you should really seek the advice of an experienced immigration lawyer.

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  • I've been in Florida since Dec. 2010, visa overstay. On the W7 form, am I a resident alien based on substantial presence test?

    Is there a minimum earned $ amount that must be met to file a tax return? How long does it take to get an ITIN?

    Joseph’s Answer

    I agree that this is not an immigration question. As the w-7 form is used for getting a tax id number, your question may be better posed to an accountant or a tax lawyer. Of course, questions of your legal status are properly posted in this forum.

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  • Can i open a bankruptcy

    hello I divorced 3 years ago when I was married she opened a few credit cards in my name to get the house fixed because I did not speak English well i don't have a social security i have only itin number but she gave the first number of my itin wr...

    Joseph’s Answer

    • Selected as best answer

    Yes. Your lack of legal status and/or Social security Number will not preclude you from filing a bankruptcy petition. However, I suggest you seek the advice of attorney(s) involved in both areas of law. Perhaps exploring the terms of the property settlement agreement and/or Judgement of Divorce with an experienced matrimonial lawyer may afford you some options other than bankruptcy.

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  • For an F-1 student, is USCIS checking for OPT and CPT past and current work authorizations when a petition is filed?

    I am a doctoral student on F-1 visa and just submitted my I-140 for the National Interest Waiver category. Does USCIS check for Curriculum Practical Training or Optional Practical Training work authorizations on my I-20's? In other words, do they ...

    Joseph’s Answer

    I agree with my colleague. Immigration has access to all SEVIS records. I too suggest that if you suspect a problem with your SEVIS records, you should consult with an experienced immigration lawyer asap, doctor.

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  • PLEASE HELP! My LPR BF got detained and sent to Krome detention center. He committed a crime 10 years ago!

    My BF was stopped when returning from a trip abroad due to a felony committed 10 years ago. He had a withhold of adjudication and completed a program for a crime of moral turpitude. After being detained at the airport he was given a scheduled date...

    Joseph’s Answer

    You should try to retain an experienced removal defense attorney as quickly as possible. Unfortunately a" withhold of adjudication" if accompanied by an admission of guilt, may be considered a conviction for immigration law purposes. Furthermore, whether the conviction is from 10 months, or 10 years ago, it can be the basis for removal from the United States. An attorney would need to review his record of conviction before he/she she can advise you as to whether your boyfriend may be is eligible for bond and/or relief from removal.

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