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Giacomo Jacques Behar
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Giacomo Behar’s Answers

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  • Notice period after L1B to H1B COS

    My L1B (Company A) to H1B (Company B) COS has just been approved - 2/8/2016. Am already in US. Company A has a notice period of 1 month. (1) Can I join the company B in 1 month? Or (2) Do I have to join company B immediately? Will # 1 hav...

    Giacomo’s Answer

    1. You need to join Co. 1 as of the 8th of this month, since your COS to H-1B with them has already been approved by USCIS.

    "Will # 1 have any impact on my GC processing later?" Will not, but your failure to immediately join the current employer who petitioned you for H-1B could have consequences for your continued stay in the US in lawful status. Consult with an attorney in private.

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  • How i can get my documents after 3 years marriage?

    Good day! Me and my wife we married already 3 years. She is USA citizen, so we was married before my VISA expired. Well, i still don't have any documents, how can i get my documents, where i need to go? Because only one document what i have rig...

    Giacomo’s Answer

    Go to the USCIS website www.uscis.gov and read about "Adjustment of Status", which is what the marriage-based "green card application" is legally known as.

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  • Which visa category should I apply for my family that don't have green card?

    I'm green card holder. I want to bring my spouse and two kids in USA. They don't have green card. I want to apply non immigrant visa for them. I'm thinking to apply b1/b2 for my spouse and f1 visa for my two kids to get them admitted to k-12 sc...

    Giacomo’s Answer

    Both the B-1/B-2 and F-1 visa categories require "non-immigrant intent", among others, to be granted. Having a spouse living in the USA on a "green card" will most likely preclude such non-immigrant intent. Google INA Section 214(b). Your wife and children will be denied those visas based on 214(b) grounds.

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  • Is filing separate tax returns a problem when applying for citizenship through marriage?

    My husband got his residency through our marriage 3 years ago. We’ve been married for 4 years and he’s lived here all this time. He will be applying for his citizenship this year but I read online that one of the requirements is to present our tax...

    Giacomo’s Answer

    Filing tax returns separately in order to avoid the "marriage penalty tax" should be a valid reason if can be convincingly explained to the interviewing officer during the interview. If all other documentary proof and your oral testimony during the interview will point to the continuation of the genuine marriage, etc., you should have no problem obtaining your citizenship under the "3 year rule".

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  • Got a ticket for parking in an "Alley" that has a legal street name. Is it an alley or a street? Can I fight this ticket?

    I park my car behind my building next to a curb in the city of Chicago and there are no "no parking" signs posted. On the city map it is listed as E. Benton Pl. Between Lake St and Randolph just east of Wabash. The ticket says I parked in an al...

    Giacomo’s Answer

    Contact a reputable "traffic court lawyer" licensed in your state with these questions. Find an excellent one in Chicago by using the "Find A Lawyer" tool located on top of this page.

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  • Should I be receiving a tax form for any of the settlement money or is it all excludable?

    I was involved in a car accident in with a government entity and we came to a settlement amount that included money for pain and suffering, lost wages, and diminished value of property.

    Giacomo’s Answer

    Personal injury settlement awards are not considered as "income" for taxation purposes. You are not even required to list the settlement amount in your tax return for the year in question.

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  • How can i bring my 2 year old to the United States with me if I am a green card holder?

    My father petitioned for me to become a resident of the united states. I had to do consular processing and received my green card. I was pregnant at the time the whole process ended and gave birth to my child in Mexico. My child is 2 years old now...

    Giacomo’s Answer

    The process to follow will depend on whether that child was born before or after you obtained your immigrant visa and whether or not you have entered to USA to live as a lawful permanent resident upon obtaining your immigrant visa at the consulate.

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  • Can I be liable for relative not answering/responding to NTA?

    I have been in the United States now for almost 15 years but am undocumented. I have a wife and children and no criminal history here. 2 years ago my sister (who was 17 at the time) attempted to enter the US from our home country without documen...

    Giacomo’s Answer

    No, rest assured, you cannot be held responsible or found "liable" for your sister's failure(s) to attend immigration court hearings and ultimately abscond her bond.

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  • I am a USC and I have petition my father for an immigrant visa. His interview is schedule this week at the US embassy India.

    I am a USC and I have petition my father for an immigrant visa. His interview is schedule this week at the US embassy India. ( the case was completed at the NVC) He has a history of Prior over stay in the US , 26 years ago. All the required docum...

    Giacomo’s Answer

    As long as any of these "overstays" did not occur less than 10 years ago, dad should not face any "problems" related to those overstays during his upcoming immigrant visa interview.

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  • Driver's license

    As an illegal immigrant can I apply for a driver's license in California.

    Giacomo’s Answer

    Yes, you can. Contact the nearest DMV office for more details - or better yet, before you make an appointment there, consult the website of the CA Dept. of Motor And Vehicles to understand the type of documentary proof you will need to have on you when applying for that special driver's license.

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