Skip to main content
F. J. Capriotti III

F. Capriotti’s Answers

32,212 total


  • K1 Visa

    HI , I have my Visa in my passport , but my fiance`s mother is convincing her to cancel my visa and stop me from entering to USA , is it possible that they cancel my visa when it`s already printed and in my passport? In case she was convinced ...

    F.’s Answer

    It would be very difficult, but not impossible, for them to cancel the visa.

    Yes, if not canceled, you can use it to enter the US for 3-4 days ... up to a maximum of 90.

    NOTE: If you do not marry this person ... you CAN NOT STAY in the US ... not even if you marry another US citizen.

    See question 
  • Does IR1 /CR1 status depend on the date of entry into US ?what if you enter the US after your 2nd wedding anniversary?

    I was issued a CR1 visa after my visa interview(on Aug 14, 2015).My second wedding anniversary will be on November 9th, 2015. I am exploring Options When to enter USA .Will I be eligible for an IR1 status instead of CR1 at the POE , If I arrive on...

    F.’s Answer

    I get the feeling that you have been spending too much time on too many internet blogs.

    Yes, if you arrive AFTER, not on your 2nd wedding anniversary, you should be able to get the CBP officer (or his/her supervisor if necessary) to process it as an IR1.

    The best way to deal with this is to have a Skype consultation with an attorney and have him/her write a letter for you to present to CBP.

    See question 
  • Would I still be in legal status if unemployed while my H1B transfer petition is pending during cap-gap and after Oct 1?

    I have OPT cap-gap that started in May 2015 until Oct 1 in which time my status should change to H1B. My H1B application had already been approved after my current employer applied for me back in April, but I recently received a termination notice...

    F.’s Answer

    A 'transfer' before you activate the current employer's H (remember, the papers are theirs and not yours) can be quite complicated.

    Make sure that you deal directly with the new employer's immigration attorney and NOT a NON-ATTORNEY in HR.

    Also, make sure that that this new employer is not a consultancy 'job shop' that intends to send you to client work sites .. that type of relationship is being closely scrutinized and are actually being denied ... after lengthy RFEs.

    1. Yes.

    2. Make sure that they file with premium processing before September 15th and it won't be pending on October 1st.

    See question 
  • Is ELIS account number the same as Account ID?

    About 2 years ago I filed electronically for a visa extension. I'm checking my papers, It has Account ID and Receipt ID only. Is the Account ID the same as ELIS account number? If yes do I need to put on my forms now as I'm filing for a green card...

    F.’s Answer

    You can no longer e-file with immigration ... it was a bug-infested system and CIS wisely turned it off this week.

    Print out the paper and mail it in, via USPS Certified Mail with a return receipt ... keep a copy for your files.

    See question 
  • Can I apply for citizenship while I have been out of the U.S. for more than six months (continues) after getting my green card?

    My green card was issued in November 2010. I was out of the country from December 2010 to August 2011 to get ready to immigrate. Now I'm planning to apply for citizenship, but because of this continues eight months absence I'm not sure if I'm eli...

    F.’s Answer

    More specific information/dates are needed before being able to answer your questions.

    Consider a low-cost Skype consultation with an attorney.

    See question 
  • Is there anything I should be worried as a co-sponsor of an immigrant petition?

    I am the co-sponsor for a Muslim family who recently got a visit from DHS. DHS said that they visited the family because spouse appeared in the news supporting the Boston bomber. Apparently she did but only briefly and only tried to show support u...

    F.’s Answer

    Your responsibilities are only financial ...for 10 years ... possibly more.

    See question 
  • Renew Daca

    I want to renew my daca but I'm not sure if I have to submit the same information I submitted in my initial application like school records and the information were I have lived since I got to the United States can anyone tell me

    F.’s Answer

    Read the instruction on the NEW FORM ... you don't need to repeat old information, but new information/documents may be needed.

    See question 
  • F2 expired, I-20 valid, I-94 D/S, do I have any problem when change of status to L?

    My F2 is expired on July 2015, but I-20 is valid until 12/31/2018. Is there any issue if there is a company help me to file my COS to L1?

    F.’s Answer

    The F-2 visa stamp in your passport is not important and is completely irrelevant, as long as you don't leave the US.

    COS to L-1????????? I do see problems.

    Make sure you talk to the company's immigration attorney and NOT a NON-ATTORNEY in HR.

    See question 
  • I came in2000 in f1 and could not finish my studies because of family reasons ,from than I started working and started a restaur

    Till date have it and I don't have any relations here and I don't have any bad record.if

    F.’s Answer

    I agree with my colleague ... I don't see any questions.

    Actually, you probably do have a record ... starting with a possible violation of your F-1 visa status.

    Talk to an attorney via Skype before you make things worse for yourself.

    See question 
  • I have been denied a student visa on 2 ocasions the 2nd interviewer falsely accused me of trying to enter america aftermy denial

    i am only 17 years of age, i have gotten a scholarship to attend an american school, i had all of my required papers, 2 of my other friends who are going to the same place as me got approved, the second interviewer cut me off while i was telling h...

    F.’s Answer

    Talk to the school's foreign student adviser.

    Unfortunately, 2 denials are an almost certain guarantee of future denials.

    As my colleague mentioned, consider the UK, Canada, Australia, etc.

    See question