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F. J. Capriotti III

F. Capriotti’s Answers

32,829 total

  • Am I eligible for any back child support? I'm 35 YOA, and a citizen of both the USA (born) and Canada (naturalized)

    I've never been aware that there was a court ?decree? stating amount that was to be paid to my mother, who raised myself and my three siblings in both the USA as well as Canada. I do recall her saying that he sent her a $200 check one month, and ...

    F.’s Answer

    I think that the AVVO computer put this in the wrong place ... probably because you used 'key' words like USA and Canada ... which really has nothing to do with child support.

    I'll re-classify.

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  • H1 B transfer during RFE

    My visa expires on Oct 20th 2015. My current employer had filed for a extension in May 2015 which resulted in a RFE (received this in Sept 2015). I am currently serving severance period so they will not be replying to that RFE, infact they will be...

    F.’s Answer

    Yes, leaving the US, going home to visit family for a few weeks, & returning with a new/approved petition will probably make the most sense.

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  • AVR - Automatic visa revalidation for recent H1B approval

    I read the fact sheet for AVR, the only question i have is since my status changed from F1 to H1B and my expired visa is F1, will AVR still apply if i travel to Canada? Please note, I am not from any of the countries listed as not qualified, any o...

    F.’s Answer

    You should be OK, if, as my colleague mentioned, you return w/in 30 days.

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  • Hello

    Hello I wanna know Wat is the processing time for I 130 for spouse in the USA

    F.’s Answer

    Seek and ye shall find:

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  • 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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