Skip to main content
Giacomo Jacques Behar
Avvo
Pro

Giacomo Behar’s Answers

44,074 total


  • What now sir? I want to visit my GF,apply for b1b2,Chances? Also plan NExt yr 2 apply 4 subspecialty in U.S &attend interviews?

    I'm a Doctor currently doing medical residency in american accredited college training abroad. I Have pursing medical carrer in the U.S., I completed all the US board exams as well as did clerkships, Electives as well as Volunterring in research ...

    Giacomo’s Answer

    Difficult situation. Outcome uncertain. US Immigration law has serious consequences for drug/illicit substance smuggling and or abuse. You need to consult with an experienced immigration lawyer to examine your paperwork and analyze whether any options are currently available to you.

    See question 
  • Is she is still entitled to get copies pf my new status?

    Divorce is in process. Spouse was summonsed and they kept delaying uncontested divorce. Meanwhile, H1 extension was filed after spouse was summonsed (without h4). spouse lawyer is requesting my new h1 copies and proof of employment before they...

    Giacomo’s Answer

    Yes, as part of the "discovery' process, now that you are being sued for divorce, "uncontested" (as you think) or not. As yours is not an immigration law question, you need to pose this question in the family or "matrimonial" law forum. Again, as part of the discovery process, opposing counsel representing your estranged spouse suing you for divorce can request any such documents pertaining to your legal status in the country, as well as financial situation, as those are directly relevant to the divorce action now in court.

    See question 
  • How i can remove conditional green card to permanent green card

    How i can apply permanent Green card without my husband help ? i have temporary green card . i came fiance visa . we got married . over 2yrs. but unfortunately my husband is very abusive .and alcoholic . i have 8 yrs old son living with his step ...

    Giacomo’s Answer

    Easy. Hire the best immigration lawyer money can buy, and in your particular situation you can be assured of being able to successfully "remove" the conditions on your temporary green card. A lawyer can professionally assist you to put together an approvable Form I-751 Self-Petition, requesting a "Waiver" of I-751's joint filing requirement, invoking at least two (2) of the most notable exceptions to the I-751's joint filing requirement, among which the "good faith" waiver, as well as "mental & psychological cruelty. your estranged husband will have no input. You also need to file for and obtain a divorce before your I-751 can be approved, however.

    See question 
  • I751 pending travel

    I plan on traveling to canada by air. I have my passport, expired green card and extension letter. I see things on the internet about getting my passport stamp but I do not see anything about doing so in the extension letter (my I 751 is pending.)...

    Giacomo’s Answer

    That I-751 case filing receipt, the one you are referring to as the "extension letter" is in fact the proof of your "Green Card" (LPR) status having been extended by one whole additional year, with "employment and (international) travel authorized". That's all you'll need to cross airport or POE CBP arrival lines at the Canadian "pre-clearance" airport where CPB will be waiting for you. . You don't need an I-551 stamp; no one at CBP will give you any "hard time" with that receipt. Make sure to carry your now expired GC, as well as valid national passport on you upon arrival.

    See question 
  • Will it affect my application for residency in anyway and if not what are the things that would

    Im applying for residency within a month through my husband and i want to get everything that would affect me in this process out the way . i was 18 when i was asked to go to court due to a truancy ticket, i wasnt able to pay for it due to the fa...

    Giacomo’s Answer

    Most likely a "bench" warrant for your arrest has been issued by the judge due to your failure to appear in court on your arraignment day. Better hire a reputable criminal defense lawyer to take care of "quashing" that warrant (by, among others paying the fine and penalties + interest that must be due by now.. lawyer can negotiate most of those down..)

    See question 
  • What is the minimum salary, so that the company can file H1-b for me? Can it be zero if I have 29% equity?

    My Visa status is F-1. I will graduate in this April. My OPT will start May 16. I plan to start a business with my two friends. We will incorporate a C-Corp by the end of February with $110,000 investment. My Equity of the company will have 29%...

    Giacomo’s Answer

    The fact that you will be a shareholder (and with a sizable ownership percentage at that) will only complicate matters further, as USCIS will likely fatally question the "employer-employee relationship". Especially with the California Service Center (the harshest and most inflexible of all 4 USCIS Service Centers) that is usually the "kiss of death" and the harbinger of at least two (2) RFE's from which hardly any "employer" comes out alive.. Am sure that now, knowing what you know, you'll think 16 times before "investing" and having any equity ownership in that new business entity if you hope to ever obtain an H-1B through it.

    Now to your question. an H-1B worker's salary can never be "zero". The employing company has got to pay you the highest of either the DOL mandated "prevailing wage" (which it is obligation of the employer to seek) and the "actual" wage (the same wage paid other workers with the same experience/education for the position in the company). Working with an experienced immigration lawyer from the get go is a must.

    See question 
  • How Can I change my status from F-1 visa?

    I came to the US on an F-1 visa and I am currently studying in a collage. I already have a PhD and the reason I applied to this collage was just to come to the US. Now I want to see how I can find a job. I no longer want to attend this collage a...

    Giacomo’s Answer

    Only an employer can help you. You'll need to get an employer who will be interested in offering you a job in your field of studies. Before you start searching for one and applying for jobs in your field/industry/profession, make sure to consult with an experienced lawyer to understand the various types of visas/options that might be available to you, the process and feasibility of each in your situation.

    See question 
  • What can I do to secure my Unconditional Green Card if my spouse decides to divorce me before I get it?

    I met my American Spouse in Colombia in 2011 and we lived there for 7 months. We got engaged in Colombia. Unfortunately Gay marriage wasn’t recognized federally back then, so I came on a F1 visa. Got married in Boston (where gay marriage was legal...

    Giacomo’s Answer

    You will need to self-petition for the removal of conditions on your temporary green card, with a Waiver, invoking one, and possibly multiple of the grounds that exist as exceptions to the Form I-751 petition's joint filing requirement. Your only chance of success lies in your consulting with and hopefully hiring an experienced attorney early on to professionally assist you through the process. You do not stand a chance otherwise. That lawyer also better accompany you to the I-751 interview of which you can be assured is going to be held at your local USCIS district office. It risks being a thorough and nasty one, believe you me.. (your estranged "husband"? "spouse"? "Partner"? will not be notified or invited, don't worry..)

    See question 
  • Immigrant visa denied cause of DNA..

    hi i want to know that my (ex) husband applied for my immigrant visa.. embassy ask for the DNA of my (ex)husband's son but he still refused to give DNA after so many request. i am 50 years old i took divorce with my husband this year. and now i w...

    Giacomo’s Answer

    I am afraid that with such history/baggage, your application for a "visitor"'s visa will in all likelihood be denied, or at least made very difficult, even if you were to demonstrate "substantial ties" (well paying job worth returning to in your country; real estate ownership; spouse or significant other that will be leaving behind; etc.), as well as convincing proof of your intent to depart the USA upon the conclusion of your "temporary" trip there. You need to closely work with an experienced attorney on your visa application - while never a guarantee of success, still your only chance. Try applying for the visa on your own and you are 100% guaranteed to be denied, after a less than 3 minute interview.

    See question 
  • Can H4 EAD own/partnership dental office. Can H4 EAS Work two places part time? Transferring H1 to H4 for that purpose.

    Me and my wife on H1B visa, want to apply her EAD. Can she after H4 EAD approval own/partner dental practice? And work two place part time ?

    Giacomo’s Answer

    Repeat question. Previously asked and answered. Someone on H-4 non-immigrant status cannot "own" (even partially) a dental practice, since a state license is needed to "work" as a dental surgeon, despite the fact that the H-4 in question will have an EAD issued by USCIS... Also, I'll repeat again, there are some professional practices, such as dental practice, which cannot be "owned", even if partially, by individuals who are not either US citizens or green card holders.

    See question