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Giacomo Jacques Behar
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Giacomo Behar’s Answers

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  • What is the process & length of time it takes to marry my boyfriend of 5 years who is a Mexican national...

    My boyfriend of 5 yrs was deported in July 2015, he has been in the US since the age of 15 & has 2 children who are US citizens (not with me) which the kids mother won't allow him to have any contact due to her reconciling with her ex husband, I k...

    Giacomo’s Answer

    Given that your BF was deported, the process of trying to immigrate him has to start with you taking his immigration related paperwork to a reputable and experienced immigration lawyer to analyze.

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  • I have send my file to remove condition of my green card 7 month back.how long it takes after this.

    Recently I received notification. Case Was Received At My Local Office We will prepare your case for officer review. If we need more information, we will notify

    Giacomo’s Answer

    The fact that your I-751 was sent by the CIS "Service Center" at which you filed it to your your local CIS district office is due to the fact that the Service Center instructed the district to review your file and schedule you for an in-person interview there. You must have filed the I-751 on your own, as a "weiver", correct? There is no telling as to how long more it will take from here on for you to obtain the notification of the interview date. Will depend on how busy your district is and how much priority or importance they are currently giving to scheduling I-751 interviews. I would say at least 4-5 months. Remain patient.

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  • K1 spouse visa with baby

    Hi so im a u.s citizen and I married a man from Ecuador, I gave birth to our baby in the u.s and I have yet no birth certificate and I cannot put him on because he has to sign. Will they deny him the visa for not having the birth certificate of th...

    Giacomo’s Answer

    • Selected as best answer

    No, don't worry - your fiance's eligibility for the K-1 Fiance visa does not depend on his ability to have his name inserted into his US born child's birth certificate or not. Besides, K-1 Fiance's do not need to have a child with their fiance to qualify for the K-1 visa. All you are required to prove for the K-1 is for the two of you to have met in person during the last 2 years, and your commitment/firm intent to get married once foreign fiance is in the US.

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  • I applied for OPT after receiving my Ph.D. My application is pending after 102 days. What can I do?

    Online the application appears as "Case Was Received" since May 19th. I changed my address and updated my address online. I received a receipt for the change of address in July 21st. I have filled an inquiry request, the response noted that a deci...

    Giacomo’s Answer

    You can simply continue waiting and hope for the best. There is nothing else you can do at this juncture.

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  • EB2 Labor: Time gap needed between recruitment activities and filing the labor perm

    Hi, is it mandatory to file the Labor immediately after the recruitment activities are done by the company? Can the labor application be filed 6 months or 1 year after the recruitment activities are closed? Also is labor application that is s...

    Giacomo’s Answer

    Yes. (Proper) "timing" of activities is key during those recruitment activities.

    No. Will be much too late then to comply with the PERM regulations to that effect.

    Yes, it is one and the same. The process is referred to as "Application for labor certification" and "PERM" refers to the electronic filing of that ETA Form 9089 which is filed electronically with the DOL. The term stands for "“Program Electronic Review Management process”.

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  • Pay Check from wrong company name and maintaining H1-B status

    My company has subsidiaries. I am currently on H1-B visa and it was noticed that from last 7 months paycheck was running from subsidiary company. Will it be a problem for my H1-B status? Both companies have same physical location.

    Giacomo’s Answer

    Should not be any problem. In all likelihood could easily be explained (and proven), should the issue ever arise at the H-1B renewal/extension stage.

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  • Can a person who was deported to Mexico for intent to deliver cannabis obtain a visa?

    Fairly simple. My friend used to sell marijuana. After he was convicted he was deported. His crime did not involve violence or weapons. He himself is not a violent person and has no history of violence. Currently he works at a Mercedes dealers...

    Giacomo’s Answer

    US immigration laws take convictions by foreign nationals on illicit substance trafficking charges very seriously. That is why it is highly unlikely that such an individual will ever be able to have a visa issued to him. Doesn't hurt to schedule a private consultation with an experienced immigration lawyer, however.

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  • I'm working for a US startup under a L1A Visa. I want to leave the company and find another job, what are my options?

    I got approved for a L1A (sponsored by my company) last December (2014) and been living in San Francisco since then. I now want to leave my company and find another job. I heard multiple theories (L1A to H1B conversion, L1A transfer to another co...

    Giacomo’s Answer

    You will need to secure another employer willing to sponsor you, most likely for an H-1B visa, if both the job and your academic degree, as well as work experience (if needed at all) qualify. You will not be able to get another L-1A job, that was specific to your current employer and your previous work history. It's a shame you want to leave and they are not keeping you happy there, since, despite the fact that a "startup", they can sponsor you for permanent residence within the years you are on L-1A, and individuals in your classification are exempt from the onerous "labor certification" requirement when employers launch the "green card" application process on their behalf under "EB-1(c)" employment-based category. Perhaps you want to have a serious talk with them about your future there. As this and all all other options that might be available to you, you need to schedule a private consultation with an experienced immigration lawyer to explore all your options and analyze the feasibility of each. Most of us conduct consultations on Skype and/or phone and also work on weekends. Some will even be in downtown SF this weekend to meet with clients.

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  • What documents we need to show our marriage is bona fide for form I-130

    me and my girlfriend just got married and are now about to fill out the I-130 form to start the consular processing for the spousal CR-1 visa... Question is: since we just got married, we dont have a shared bank account or properties that we b...

    Giacomo’s Answer

    You seem to be confused. One does not need to attach any documentery evidence proving the authenticity or the marriage and your lives as a married couple - that is reserved for the personal interview stage - be it in the US with CIS or abroad at the US consulate. If both of you are in the US, then it is an "adjustment of status" that should be seeked, instead of "consular processing" abroad. You also forgot to tell us whether you are a US citizen or a 'green card" holder.

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  • Can I take a legal action against passport agency?

    We applied for for my daughter's US passport since April 2015. We received a letter that they need a proof of citizenship from me and a proof that my daughter was born in year 2004. Send all they needed right away. They contacted me and said every...

    Giacomo’s Answer

    I wouldn't even try, since it'll be a complete exercise in futility. Have you instead tried to pay the "expedite" fee (which in reality is not much) and elevated the processing of the passport to 48 hours or less?

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