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F. J. Capriotti III

F. Capriotti’s Answers

32,855 total

  • No GC for AOS of children of US citizen?

    I am a US citizen and applied for AOS for my 8 years son who came with me to US with a visit visa, his I-130 and I485 were completed and approved but no GC is issued to him as per the mail notice from USCIS. Is this normal process for...

    F.’s Answer

    What did the mail notice say?

    You should hold off on applying for the US passport ... file the N-600 first.

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  • Temporary green card interview

    I got married with an American citizen (husband) this year (we have been living together almost 4 years) and our interview will be in a few weeks. They told us to collect all the paperwork, utility bills, photos etc but in one of the items in the ...

    F.’s Answer

    You've left some information out.
    Were his parents US citizens?
    Was he born on a US military base?
    Did his parents 'register' his birth and get a Consular Report of Birth Abroad (CRBA)?

    Although his US passport is 'nice' ... the documents used to get that passport may be better.

    Further, he should still include his birth certificate ... translated into English if in a foreign language.

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  • How long can I go/be out of the U.S. while my asylum case is pending?

    I am a student from Italy and now in the United States, I would like to apply for an asylum now (meaning I have not applied yet). I was wondering if I can go back to Italy for a month or two to finish my master while my case is pending. Pl...

    F.’s Answer

    I see multiple problems here.

    1. I'm unaware of any person getting asylum from Italia.
    2. If you file for asylum, you should not leave the US until after a decision is issued.

    I strongly suggest that you have a Skype consultation with an attorney ... before you make any big mistakes.

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  • Uscis asked for Request for evidence on form I-765 Employment Authorization Document

    Hello and thank in advance for help on this matter . I have a adjustment of status through marriage case pending .I have applied for the renewal of my employment authorization card and Uscis asked for Request for Evidence , they didn't specify wit...

    F.’s Answer

    There are several confusing things about your facts:

    1. Why are you needing to renew the EAD 99.99% of marriage cases are processed in less than 12 months ... the EAD is usually issued for 12 months, starting 3 months after you filed. This means that your case has been pending for around 12-15 months ... unless you're filing early to extend the permit.

    I agree with my colleague, call CIS and ask them to re-issue the RFE.

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  • Currently Holds B1/B2 ~Approved I-130 under CSPA but move F2A-->F2B. HELP!!

    I am a US Citizen & My sister holds visit visa for 10years and My mother is a resident since 06/26/14 and mother filed my sister under CSPA(application approved 25th Nov 2014) but move from F2A—>F2B. I know this is bcoz of age out I think. I ...

    F.’s Answer

    Like my colleagues, I'm not so sure why you are making reference to the CSPA.

    Further, the immigration laws are not getting harder ... I'm not sure where you got that idea.

    Consult with an attorney, perhaps a student visa is an option.

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  • How much delay, can one expect on a Spousal Visa application, if the sponsor died, about 7 months after submitting the app?

    I'm an american married to a filipino woman. I submitted our application for a spousal visa, about 7 months ago, when we married in the Philippines. Recently, USCIS asked for another marriage certificate, since the one I submitted was illegible (t...

    F.’s Answer

    It appears that you are still at the USCIS stage ... this is good. Find a new sponsor and be ready when the case is transferred to the NVC ... that is when the new joint sponsor submits the I-864.

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  • I have already applied for my visa extension, got the reciept yet not recieved approval ! Can i renew my license on that reciept

    I have already applied in save programe! As not recieved extension date from USCIS, DMV refused to give license! If I can stay legal on reciept then why cant drive !

    F.’s Answer

    You can't drive because the state of Louisiana doesn't want to give driver licenses to people that haven't gotten 'full' approval for their visa extensions.

    You forgot to tell us your visa classification. If H ... I've heard that some states allow a supervisor to give up-to 240 days extensions on the driver license.

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  • Follow to join procedure from out of US

    I got my immigrant visa, based on a sibling who is a US citizen.I want to get married and I found out it would be better to do that before I go to US - waiting time for visa (by I130) for the spouse of permanent resident is 3-5 yr.,and if we marry...

    F.’s Answer

    Yes, following to join appears to be a good option.

    Have an attorney help you.

    You should talk to him/her via Skype BEFORE you enter the US.

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  • Am I eligible to apply for Diversity Visa 2017 (Lottery)?

    My immigration application (I-130) has been approved by USCIS and now at NVC waiting for a visa to be available for me. I have a college degree and 3 years working experience fulfilling the requirements for DV application. Does applying for a Dive...

    F.’s Answer

    No, applying for the DV won't impact on the I-130. BUT, depending on the priority date and Family Based category ... it might not make sense to apply for the DV.

    Tose visas won't be issued until after October 2016 ... through September 2017.

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  • I140 Approved Employer Change

    I landed US on 2008 with a L1B Visa from a leading IT Solution provider and converted my L1B to H1B visa using COS. Meanwhile filed PERM(EB3) by 2013 with PD Oct 2013 and waited 2 years then it was approved by April 2015. Recently I got my I-140 A...

    F.’s Answer

    I agree with my colleague, these are complex facts... that involve some risks ... best discussed in private with an attorney of your choosing as part of a paid consultation.

    You can contact any AVVO lawyer by clicking on their name.

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