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F. J. Capriotti III

F. Capriotti’s Answers

31,589 total

  • Immigration

    My husband is outside US and wanted to go to get a tourist visa. My son recently became US citizen and I asked him to wait until my son's I-130 approval. His visa request was denied in 2009 and 2013 before. Should he need to wait I-130 approval or...

    F.’s Answer

    Yes, he should stop filing for tourist visas. They have a 99.9999% chance of being denied.

    You say 'my son' ... is he also your husband's son ... by natural birth, or because he was under 16 when you two got married?

    Consider a consultation with an attorney via Skype.

    See question 
  • I am in removal proceeding due to denied of asylum application and will have to appear before IJ. We are considering of

    cancellation of removal but my spouse is working with invalid ssn. I am afraid this will be involving " good moral character" requirement. The number is just created for employment and we do not know if the number is exist. Wed do not used the nu...

    F.’s Answer

    You have not given us enough facts to see if you 'pass' the 'basic test' of Cancellation ... physical presence in the US for 10 years.

    It is quite unusual for someone who has recently had asylum denied to have been in the US for 10 years.

    See question 
  • F1 student study break, rules and regulations

    I am an International F1 visa student . I am planning to change my present school to a college. Due to some official reason the college can not accept me for this upcoming fall semester and they advise me to get enroll in Spring semester starts fo...

    F.’s Answer

    You must remain full time. from AUG/SEP until DEC/JAN.

    If you can not afford the school this fall, one option is to go home until next January.

    Talk to the foreign student adviser.

    See question 
  • I am a US Citizen, age 28, & I want to help my parents get Green Cards. They entered US without inspection. Any way to do this?

    I became a US Citizen earlier this year. Years ago, my parents entered the US without inspection and they currently do not have Green Cards. Are there any circumstances where they could get their Green Cards based on their relationship with me & w...

    F.’s Answer

    Sadly, it is true that they can not adjust status.

    Further, they appear to have a 10 year bar, once they leave, and can not get a waiver.

    Do not file the I-485. I repeat, DO NOT FILE THE I-485.

    AND ... have a Skype consultation with an attorney before filing the I-130.

    See question 
  • Immigration application question DS-160

    Need help t understand this question" Have you ever been refused a U.S. Visa, or been refused admission to the United States, or withdrawn your application for admission at the port of entry? " Visa request denied by US embassy before but never re...

    F.’s Answer

    A visa denial is the same as a visa 'refusal.

    Have you considered a Skype consultation with an attorney?

    There are many issues that may come up when you've been denied/refused a visa by a US Consul.

    See question 
  • Termination of removal order

    Can BIA open proceedings and terminate removal order to allow an applicant obtaining provisional waiver of inadmissibility before going to attend interview at US consulate and get immigrant visa without delay. Has this ever happened.

    F.’s Answer

    Possible, but not probable. Talk to an attorney, sometimes the BIA will agree to send the case back to a judge for consideration of issuing a termination order.

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  • How can I know if my Sibling has withdrawn the petition my green card

    She is a US citizen and I am applying for my gc through her, it's there a way I would be able to find out if her petition has been withdrawn? Thank you!

    F.’s Answer

    Have you asked her?

    Practically speaking, even if she hasn't withdrawn the I-130, she can refuse to sign the I-864 at the time the visa is ready.

    See question 
  • If I was here unlawfully for more than 1 yr & then receive a removal order, am I barred to return for 15 yrs+ or only 10 years?

    5 yrs for the deportation order and then 10 years for unlawful presence? I am being punished twice? I don't understand how getting VD waives the 5 year penalty but then I am barred for 10 years for unlawful presence (unless I get a waiver)...this ...

    F.’s Answer

    There is nothing logical about the way that the US government treats people who violate immigration laws.

    Please, don't 'shoot the messenger' I'm merely telling you how it is.

    There are 2 concurrent 10 year exclusions. EACH ONE requires their own waiver, I-601 & I-212.

    See question 
  • I got my Work visa in India. I have moved to US however i just realized the name is incorrect in the Visa. How to get it sorted?

    L1A visa First name is FNU (as per VISA)

    F.’s Answer

    You need to contact the company attorney and NOT a NON-ATTORNEY in HR.

    This is a common problem ... but even though it occurs frequently, it is not easy, nor 'fun' to fix.

    See question 
  • I'm 17 and currently married for 1 year 4 months. I am in US and want to start with my husband's paper process.

    He has never been in US and has no legal problems. We got married in Mexico. What do you recommend?

    F.’s Answer

    You must be a US citizen, and over 18 to sponsor him.

    Talk to an attorney to see what you can do to get prepared now.

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