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Joseph Caraccio

Joseph Caraccio’s Answers

241 total


  • I have a i-130 application with my wife for GC, but we forgot to put a previous ARN I had 10y ago, do we have to send an ammend?

    Alien registration number=ARN we forgot the ARN for the alien relative, this number is more than 10 years old.

    Joseph’s Answer

    • Selected as best answer

    It should not be an issue. Often times people are assigned more than one A#. If you do not know it you can't include it. It is not fraud unless it is a material fact. How did you get the prior A#?

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  • Is it illegal to babysit for profit in NY if you are not a registered care provider?

    My babysitter is not registered by the state and her sister told her she could be charged a fine for each kid she watches because she isn't a registered nys care provider. Is this true?

    Joseph’s Answer

    Is she running a daycare facility or is this a teenager watching your children while you go out to dinner? I think the likelihood of getting a fine would be much lower for the latter.

    If she is running a daycare facility then she needs to be registered with the state in some capacity, whether that is a NYS Care Provider, I am not sure.

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  • Can I petition for my kids

    My name is Rowda Mohamed. I am green card holder. I am about 59 years old. I have 3 children. They ages are 35, 33, 30 . All of them unmarried. Can I petition them to bring to usa, if yes. How long it takes to bring them to USA?

    Joseph’s Answer

    Yes file the Petitions ASAP to get the priority date as there is a bit of a wait. Once you naturalize the waiting period may go down depending on the country and the visa bulletin. The faster you file the petitions the faster they get on the waiting list.

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  • I'm sponsoring my parent and have already started the process. Do I need to file separate I-864 for each parent?

    I have filled out I-864 and received an email that I need to provide more document and revise my form. They are asking for things for my mother but aren't asking for anything for my mother. Do I need to file a separate affidavit for my mother (I i...

    Joseph’s Answer

    Yes you need a separate one for each parent. See # 12 on the USCIS instructions http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

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  • Do I submit the MTR to the BIA that re-instated my VD or do I submit it to the IJ?

    I withdrew my appeal to the BIA and the the BIA accepted, dismissed my appeal and re-instated my Voluntary Departure period. I'm submitting a motion to re-open before the end of my departure period and within the 90 days since the date on the fin...

    Joseph’s Answer

    If the BIA dismissed your appeal and reinstated VD then the BIA has jurisdiction so the MTRO would be sent to them. Did you have an I-130 pending prior to your removal order?

    Are you eligible to adjust status? Just because you have an I-130 approved does not mean you will be eligible to adjust status and there would be no reason to reopen based on an I-130 that is of no use.

    Were you by chance designated as an arriving alien on your Notice to Appear? If you were then you would not need a Motion to Reopen.

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  • I-94 Expired 7 days back due to Passport Renewal; Has valid H1B VISA til next year, How can I my status as legal?

    Hello, Recently my employer called me and told me that my I-94 is expired due to my passport has been renewed but without extending of I-94. But I've valid H1B VISA til end of next year. I'm currently over-stayed in US around 7 d...

    Joseph’s Answer

    You really need to speak with an attorney about this. Without more facts I can't give you answer but you may seriously jeopardize your ability to get another visa if you overstay.

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  • Should they have took my car and gun from me?

    I got taken in for dui but no charges were filed made that it was a dui on the ticket... No test were done at all. Got charged for trespassing at a park and not complying with a police officer. I spent the night in jail felt as if I shouldn't have

    Joseph’s Answer

    You were arrested for a DUI and taken into custody. What alternative was there to taking possession of your car and gun? The police could not let you drive yourself to the station and take your gun into the holding cell with you. This is not really a legal question.

    If they refuse to return the items to you then that is a legal question.

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  • My fiance has a criminal record for robbery and being pardoned after 12 years. Can he still petition me as his fiancee from Ph?

    He has been convicted for robbery when he is 18 and getting pardoned after 12 years. Recently he is also charged for damage to property last 2012 because he put some bleach on his ex wife clothes after he caught her cheating. He still have a restr...

    Joseph’s Answer

    As far as I am aware, the Petitioner's criminal record should not be of issue unless it involves children or sex offenses in which case the Adam Walsh Act would come into play.

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  • Wife petition i-130-i-485. In March they received evidence requested and said they would resume our case. it has passed 90 days

    already. I called the hotline they said its being processed in my local office in Queens, NY, and said they are currently working on cases since July 2014! Why did it go at the end of the line? Shouldn't it be placed back on the same spot? I under...

    Joseph’s Answer

    This is not unusual. After a response to an RFE they often take more than 6 months to adjudicate. I had a case that was at the Long Island City field office that had an RFE, which I responded to about a year ago and it still has not been adjudicated. USCIS is in the process of rebuilding a lot of the files that were at the Queens office when it flooded. They are doing so using the FOIA process from what I have been told and that is what is causing extensive delays on cases that were pending at the Queens office prior to its closing last winter.

    Moreover, USCIS is prioritizing Naturalization applications right now because it is an election year. Many AOS officers are being put on NATZ and USCIS is well outside of the 90 day deadline and they have no intentions of doing anything about that until after they get through their surge of naturalization applications.

    I would not be overly concerned. Unfortunately you will just have to wait. As long as USCIS acknowledges that they are processing your case then you are fine.

    If your case is pending for many more months without a decision you could file a Mandamus Action in Federal Court compelling USCIS to adjudicate your application but I typically don't recommend doing so unless your AOS has been pending for more than a year.

    Make an info pass appointment to check on the status of your case and then be patient.

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  • I am writing on behalf of my brother who is in Pakistan. He received a US visit visa to take his exam in aug for 2 weeks.

    The visa was issued for 6 months, however it is clearly mentioned on passport "To PA for 2 weeks in aug to take ecfmg exam" My question is will he be asked on port of entry why he is early if he comes right now and will he be granted I 94 for t...

    Joseph’s Answer

    Unless he specifically requests more time (with a reason for why he is requesting more time) then it is possible the CBP officer will only stamp for two weeks. It really depends on the the officer. Some stamp it for the exact day you say you are leaving and some just stamp it for 3/6 months regardless.

    If he wants two more weeks after the exam to visit family, friends, or go sightseeing then he can request that. He should be prepared to present evidence of family/business/financial ties to Pakistan to demonstrate his intent to return to Pakistan afterwards. It would be helpful he had a specific event to attend such as a family function or something. He should probably get a letter from whoever he is staying with in the US stating that he staying there and that he will be returning on X day to Pakistan. It is often helpful to have an itinerary for the trip explaining what he intends to do while in the US.

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