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F. J. Capriotti III

F. Capriotti’s Answers

33,402 total


  • Can my wife from Iran, apply for a tourist visa to US, while she is visiting Canada?

    My aunt lives in Iran, but is going to visit her family in Canada. Her Canada visa she can stay there for up to 1 year. While she is there, can she apply in Canada for tourist visa to US?

    F.’s Answer

    Yes, your wife/aunt can apply ... but keep in mind that it is more difficult to obtain than a Canadian visitor visa.

    Talking to an attorney via Skype would be a smart move.

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  • What's the fastest way to get back in the united states? can I ask for a pardon?

    i am a father of 2 u.s. daughters got deported i have a drug Arrest in 2012 i have a reentry conviction i did 60 days in a federal detention Center i got deported but i have lived in the u.s. all my life since I was 3 years old I was 20 ye...

    F.’s Answer

    A drug arrest, even without a conviction, is a very serious matter.

    Illegal re-entry after removal can sometimes be a permanent 'block' from the US.

    Talk to an attorney in private via Skype.

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  • Can i use my grand father that lives in miami and is collecting widowers pention as a sponsor? And does he sign as a joint?

    I am currently doing my aos application by myself , i am a b-1/b-2 visitor....i got married 6 months ago to a u.s citizen but he does not make enough for the I-864 ...i live in new jersey.

    F.’s Answer

    Yes, if his pension exceeds $20,000 per year and he will have no other dependents other than you, this could work.

    Consider a Skype consultation with an attorney ... especially since (as you stated) you entered the US on a B and (possibly quickly?) got married while you were a tourist.

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  • Does this allow me to come in and out multiple times until May 01, 2016 ?

    Hello, I recently got my travel document (I-512L, Authorization for Parole of an Alien in to the United States) or more commonly known as Advanced Parole under my DACA permit. The document states: "This authorization is valid for multiple ...

    F.’s Answer

    Yes, from what you have told us, you can enter/exit multiple times between now and May 1, 2016.

    Remember, each time you 'apply' to enter the US the CBP officer may ask you to prove that you've been obeying the law and that the purpose for your trip was consistent with the reasons stated on the I_131 application ... ie: no tourism, nor family visits, in Mexico if you didn't state that on the application.

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  • Do we need to live the US to be able to apply for work visa on April 1st? If visa status changed, when can she start work?

    My family and I are here since December 10th 2015 on a B2 visa. We are looking to change status from B2 to H1B. Actually, my wife will apply for work as she has a full accounting degree. Visitors Visa expires in june 2016.

    F.’s Answer

    Not only can your entire family go home while this process takes place, it is a good idea that you do so.

    The prospective employer can file in April and the family can come back to the US .... AFTER September 20, 2016 .. assuming that the papers are approved.

    PS Don't enroll your children in public schools while in the US on tourist visas.

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  • I got my EAC, can i change employer while pending interview for AOS?

    Hi I am on h3 visa, expiration date july. I just got my EAC and i was wondering if changing my employer while my AOS is pending can be risky for some reason.. I will most likely get my interview around March... Shouls i wait or go for ano...

    F.’s Answer

    You are leaving a great deal of information out of your question.

    An H-3 is nothing more than a temporary trainee work visa ... the Employment Authorization Document (EAD) which I think you are referring to as an EAC isn't necessarily 'connected' to the H-3.

    What is the basis for your having filed an I-485 AOS application?
    Who/what is your sponsor?
    What EB or FS category was it filed under?

    Consider a Skype consultation with an attorney. As you can see, immigration is not a simple process.

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  • Have uscis started processing opt application? If not is there a way to expedite the process as my opt start date has started.

    I applied for opt ead ( i765) on first week of november. The check containing the application fee was cashed. I was supposed to receive i797 receipt notice by end of november. i didnt receive that. i enquired about the status of my application to ...

    F.’s Answer

    No, there is no way to expedite things.

    Stop trying to resolve things on the telephone ... send certified mail only ... if you want to talk to someone, talk to your DSO.

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  • Should i change my name now? How do i change my name?

    I became a citizen March 17, 2015. I could not get a change of name then because it would have required me to reschedule my interview and delayed the process further. Also I submitted the necessary paperwork for my mothers greencard. We are still ...

    F.’s Answer

    You missed your one-and-only chance to change your name easily ... now you're looking at a messy process in a local VA court.

    Find a local VA attorney.

    As for when to do this, it is up to you, as long as you save all the documents, it shouldn't impact on your mother's application.

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  • will there be any problem due to such a change in her visa status?

    I am on H1B visa currently. My spouse is on h4. she is planing to get a J1 visa for her education.

    F.’s Answer

    Why would she want to do this?

    She can study on an H-4 ... and pay a lower tuition ... I see ZERO BENEFIT from going to a J.

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  • Approximately how long after receiving the I-797 will I receive a Visa?

    Hello my I-130 was approved for my spouse and I received the I-797 notice of action. I am a US citizen and filling within the United States. My spouse is also in the US and entered without inspection. At this point I know I have to wait for the V...

    F.’s Answer

    You need to talk to an attorney ... he will probably need an I-601A waiver ... this process can take more than a year.

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