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Giacomo Jacques Behar
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Giacomo Behar’s Answers

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  • What does USCIS mean by ''complete tax return''?

    Would this be only the one page of the tax return (the main page that says 1040EZ on the front) or the entire worksheet [or transcript] of 50 something pages?

    Giacomo’s Answer

    Means the entire Form 1040 ("EZ" or not) tax return, including all "Schedules" pertaining thereto.

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  • If denied for a F1 visa under IMA 214b due to a prior 2 week overstay with removal from the U.S., do I need a 212 (d)(3) waiver?

    Recently got denied for a F1 visa due to the lack of strong ties to home country (according to IMA 214B), However, I have the strong assumption that this is due to a prior overstay while on a Visa Waiver for the first time in the U.S. The overstay...

    Giacomo’s Answer

    One does not take the initiative and simply "file" a Waiver, unless the consulate expressly requests it. Almost every visa denial has an INA Section 214(b) annotation in it - it's the "catch all" denial provision of late. You need to look at the consul's handwritten notes to understand the real reason behind the denial, but even that one might simply quote INA 214(b), without more. Again, you will not resolve your dilemma by continuing to post on Avvo pages. You need to have an experienced immigration attorney take over your case to help you properly reapply and hopefully reverse that denial decision - it is not going to be easy, but is not impossible either.

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  • Im USC & my wife is GC. Her GC is still valid for couple of years. However she has stayed outside US for 2 years. So what to do?

    Please help 1) We have kids born in US and birth cert has both me and my wife listed as Father & Mother. So I dont think proving genuine relationship is an issue. 2)Can we file I 130 while her GC is still valid? 3)For SB 1 though we ha...

    Giacomo’s Answer

    1. You are correct.
    2. No. Cannot file an I-130 petition for someone who is already an LPR - only an immigration judge can strip an LPR or her "green card" (LPR) status, unless that individual, in a moment of panic/intimidation agrees to "voluntarily" renounce her LPR status by signing a Form I-407 at the airport.
    3. SB-1 will not be approved in this instance. Wife simply does not qualify.
    4. Read my last note on the matter - below
    5. Irrelevant. Kindly re-read my answer to 2) above.

    I had a similar situation (almost identical) and the client simply boarded the flight to the US and in company of his wife (who was the USC) was allowed back in by CBP at the airport, without any questions ask, even though we all know that gentleman's 5 year travel history was accessible to the CBP inspector at the airport (if only he had chosen to look at it..)

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  • F-1 student Visa got denied under IMA 214B due to a short overstay. How to convince consular officer of strong ties when young?

    Couple weeks ago my F1 visa was denied under 214B. I slept bad due to the nerves, which made me seem tired on my interview. I know body language is a very important thing. However, one of the biggest factor was my 2 week overstay on my Visa Waiver...

    Giacomo’s Answer

    • Selected as best answer

    DHS simply told you something they know (almost) nothing about. There is no such thing as "could easily apply for a visa with no issues", especially in the aftermath of a visa denial. There is no need to "explain" anything on the DS-160 visa application - the two weeks overstay literally speaks for itself. It is during the interview that you will be asked to do all the "explaining". When faced with such situations, experienced immigration lawyers know how to properly prepare their client with all the necessary documents so as to minimize the probability of yet another denial, as well as thoroughly prepare their client for that crucial interview, which in reality will be the "last shot" toward obtaining a visa to the US - ever.

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  • I am in US on H1. Is transferring money from my personal account in my home country to the US bank account a taxable event?

    I still have money in my personal account a the bank at my home country, more than $200,000. I would like to transfer them to my personal account in a US bank. - Do I have to pay tax on this transaction? - Do I have to somehow declare this tr...

    Giacomo’s Answer

    No, don't worry. This money was not earned in the US and you are not a "tax resident" of the US, IRS wise.. Just bring your money, and you don't have to "declare" anything. You only pay tax on income earned in the US and the measly interest the bank will pay you. But, don't take my word for it, confirm all of this with a CPA in the know and/or a tax attorney.

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  • I-140 validity after leaving to home country

    I am on H1B. My I-140 is approved but my employer has fired me because he could not find a project for me and booked tickets for me & family to go to India. Actually, my current H1B is valid till Jan-2017 . My priority date is Oct-2014. Since I am...

    Giacomo’s Answer

    Yes, that would be the best option: have a new employer immediately file a brand new H-1B on your behalf, prior to the "old" employer having withdrawn (understand "revoked") its approved I-140 on your behalf, and the lucky new employer who will have the honor of hiring you will be asking and obtaining a 3 year extension of your H-1B, regardless of how many years in H-1B you spent already. You could apply for a 'fresh" new H-1B visa right away at the US consulate, or depart the US and reenter at once on your already existing "stamp" , if already have one from the previous employer; if not, not a tragedy at all - simply have a Hindustani vacation, reconnect with relatives, old friends, etc. Or a new employer can file an H-1 petition right here, next Monday, and you could start working for that new employer as soon as the "receipt" is issued by CIS (will be difficult though, to get the "LCA" approved in less than, say a week..)

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  • How long are FBI name and background checks taking currently on an i485? Are any taking over a year?

    Approved VAWA but I485 has been pending over a year at TSC.

    Giacomo’s Answer

    Anytime your I-485 is pending beyond the current USCIS processing times, the inquiry should be made with USCIS Service Center and through the 800 phone number. Six months is a reasonable processing times but beyond that time frame you should be pushing USCIS for some answers, and in the event the processing is taking over a year, a Federal Mandamus action may be proper. Please consult with an experienced attorney to learn more.

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  • What is the process after submitting immigrant petition for family (form I-130)

    I submitted immigrant petition (form I-130.) for my relatives. After submitting I have received email of acknowledgment and a number starting with LIN.. was issued and it was written that further process would be sent which i didn’t receiv...

    Giacomo’s Answer

    Depends on the exact nature of those "relatives".. If for a spouse, and you are an LPR, will be approved within 3-4 months. The same goes if you are a USC. If you are a USC and filed for your parents, will take at least 6 months to be adjudicated. If, on the other hand, that relative is a sibling, it could be a few years before USCIS finally adjudicates, since those take 12-14 years to have an immigrant visa number available anyway..

    You can find out about the status of a submitting petition by entering the "LIN....." case number into the case status system at www.uscis.gov but I wouldn't hold my breath..

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  • N400 Application

    i have been waiting for my biometric appointment letter for my N400 which USCIS received on June2nd 2015,have waited more than a month then i called the customer center and they didnt have any information other than its listed in the online case s...

    Giacomo’s Answer

    You should go to the ASC taking "biometrics" any day that suits you prior to August 18. Don't have to wait until that date. Simply take along the two letters/notices and play "confused", tell them drove a long way, took time from work, etc. and ask to be fingerprinted on the spot. Ask to speak with a Supervisor - only! He/she will gladly oblige; you'll see..

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  • Any issue if EVL dosent have terms and conditions words,but has matching Salary,position,100%match duties & fulltime with LABOR?

    I am EB3 India 485 pending and got RFE," Submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proferred position ( if different from your current one), the...

    Giacomo’s Answer

    Good evening, Babu!
    A current signed and dated "employment verification letter" is simply "basics" and an essential ingredient, i.e. a "must" when applying for employment-based I-485. (This tells me that you did not use professional help by a competent and experienced immigration lawyer when applying). Right now you are still good, have your "employer" (if still have one, if not get another one fast!) follow the instructions and submit exactly such a letter, including each and every item CIS wants "EVL" to include. CIS gave you a "lifeline" with this RFE and is offering you another chance.. And worry not, a higher salary, coupled with a promotion is only good..

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