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F. J. Capriotti III

F. Capriotti’s Answers

32,796 total

  • What can be done for my friend's case?

    My friend has an approved self petition form I- 751 and she has 3 children that were petitioned separately through the I-130 by her abusive husband as well, but they are not in US, the N.V.C. is already asking for the affidavit of support for the ...

    F.’s Answer

    These facts are confusing .... self-petition I-751? Did she file a waiver?

    If the NVC is processing the children based on the husband's I-130 ... he must do an affidavit of support.

    She can file for them, with NEW I-130 forms. But, there will be a delay in the processing.

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  • Regarding H4 to H1 status Conversion

    Hi, My wife is in H4 VISA in US with me now. We have started the petition renewal process for her. In her case, she had a petition which got expired in Feb 2014. So, we have filled for CAP EXEMPT in her case. So, usually when a c...

    F.’s Answer

    First of all ... the two of you aren't able to file anything ... only the employer can do that.

    Second, it will not be a 'renewal', nor an extension.

    I agree with my colleague, a COS appears possible ... if BOTH of you have maintained status.

    But, quite often it makes sense to go home for a visa stamp.,

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  • I am applying to be a flight attendant. I got a DUI in June of 2013. Will I be able to travel freely in and out of the US?

    I was convicted with this vehicle code VC M23152(B)

    F.’s Answer

    More information is needed ... talk to an immigration attorney.

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  • DS 160 security question , should i say YES or NO for the below question

    Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action? I got ticket fo4 160 $ in 2010 for CO state 9.64.010 Shoplifting-Unlawful It is unlawful for any pe...

    F.’s Answer

    Although you should confirm with an attorney during a Skype consultation, the answer appears to be yes ... you were stopped for an 'offense'.

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  • Can I travel to the USA under a visa waiver while my H-1B1 visa is pending?

    I am a Chilean living in Chile and am approved for travel to the USA under the visa waiver program. I have an H-1B1 visa application pending. Can I safely travel to the USA while the H-1B1 application is being processed?

    F.’s Answer

    My colleague has asked the same question as I ... where is it pending?

    Sure, you can probably make a brief trip to the US with ESTA ... but you must go home.

    Don't be tempted to 'help' your future employer while you are in the US. In fact, except for perhaps a brief visit of 1-2 hours ... don't even go into their building.

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  • After waiting 150 days since my asylum case I applied for my first work permit. How long would it be before I get a receipt?

    I know the actual EAD would take some but how long would it take for me to get a receipt acknowledging they received my application?

    F.’s Answer

    The law says 30 days ... the reality is 60-120 for the permit.

    The receipt takes a couple of weeks to process.

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  • After filing my N-400

    I have an upcoming U.S. citizenship interview... I am concern that I am away from home for medical reasons for 2,5 months... I and my husband wanted to have a child through IVF. I had a miscarriage 2 years ago. I have all the reports, and...

    F.’s Answer

    2.5 months should not be a problem. Sure, keep the reports, etc. ... but don't be surprised of the officer doesn't want to look at them ... they only react if you're outside the US for 6 months.

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  • I-751, Petition to Remove Conditions on Residence - What evidence should I provide?

    Hi, I am an immigrant, married to US citizen and this is how I obtained my greencard. We are applying for I-751, Petition to Remove Conditions on Residence, what evidence should we submit? Should we submit photos like the first...

    F.’s Answer

    The instructions give suggestions ... but the list is not exhaustive.

    24 months worth of documents are usually 'enough' ... bank, lease, insurance, credit card, etc.

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  • Change status while still in the middle of change of status from J-1 to F-1

    Hello, I entered the US with a J-1 visa, and before the visa ended i applied for a non-objection waiver and applied for changed of status to F-1, it's been almost 9 moth now and still didn't receive confirmation/denial for the USCIS, every time i ...

    F.’s Answer

    Don't waste time checking the online status ... it is rarely accurate.

    Since your J expired, you can not apply for a different status without abandoning the COS application.

    Thus, you'll probably have to go home for an alternative visa ... which you could have done to get the F.

    Out of curiosity, what other type of visa were you considering?

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  • Looking for an immigration lawyer. i am a permanent resident and my wife is american, i want to look into dual citizen aus /us?

    my wife is american and i am a permanent resident since 2006. i want to look into dual citizenship for both of us, ie usa & australian.

    F.’s Answer


    My parents live there and I'll be going to see them this weekend.

    It is probably best for you to become a US citizen, then the 2 of you can move to Australia, she can get residence, then citizenship.

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