Skip to main content
Joseph Caraccio

Joseph Caraccio’s Answers

243 total


  • I had faked my marriage to come to US in 2004 and over stayed my visa with my real husband.

    I had faked my marriage to come to US in 2004 and over stayed my visa with my real husband. I have 9 years old us born daughter and 24 years naturalized US citizen son. My (real) husband is in the process of getting legal documentation through po...

    Joseph’s Answer

    Marriage fraud is serious. It is not only a felon but a finding of marriage fraud could lead to a permanent bar on obtaining legal status in the US. If you are not legally married to your "real husband" then you would not be a derivative beneficiary of his asylum grant. However, if you are then you may be able to one day adjust as an asylee with asylee waiver.

    If you entered on a visa and have a US citizen son who is 24 then he can petition for you and you can adjust status based on that. I'm not sure what you mean by "faked marriage" by if there was never a marriage fraud finding you may be able to get a green card with a simple fraud waiver. If If there was no fraud then you could just adjust your status through the petition from your son without any issues.

    It all really depends on what you mean when you say you come to the US in 2004 by "Faking your marriage."

    See question 
  • ESTA and green card

    I have overstayed my visa (esta) for three years now I'm married ( my wife is us citizen) with kids if i apply for green card I have to leave the country?

    Joseph’s Answer

    If you apply for legal permanent resident status based on a petition from your US citizen wife then you will not have to leave the country since you will be eligible for adjustment of status (since you entered on a visa and are applying based on an immediate relative petition).

    If you have no criminal record and you haven't left the US and returned or anything then your case would probably be a straight forward one. I'm assuming you overstayed a tourist visa not a visa with other requirements when I say that.

    Just talk to an immigration lawyer and they will tell you what to do. Your wife will file an I-130 for you, then once approved you will file an I-485.

    See question 
  • 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#?

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question