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Giacomo Jacques Behar
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Giacomo Behar’s Answers

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  • Is there any chance for me to petition myself and apply for greencard? Or is there any other way for me to stay here legally?

    I came in the US in a tourist visa get married last nov 2015 before my visa expired but then my US citizen husband didint apply for my petition/change status. Now he filed for a divorce.

    Giacomo’s Answer

    If you are filing for divorce, the only other option for you to apply for a green card, if there was an abusive relationship during your marriage. Speak with a competent attorney to discuss your eligibility under VAWA (violence against women act).

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  • Can I simply submit the name change information at the time of the interview? or will they make us re-file app all over again?

    K-1 fiance visa application (I-129F) has been sent for processing 2 months ago. I am the US Citizen and petitioner. I want to change my last name (Adult name change) through the courts in Florida now. This is something I have been wanting to do...

    Giacomo’s Answer

    Normally, you would need to resubmit. However, it may also change from one jurisdiction to the next. In San Diego we were able to submit this new evidence during the interview with no problem. Speak with an attorney in your area to assist you.

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  • Can I still go for a counselor processing if my I-485 has been denied or is there any way I can get NTA issued.

    Hi- I have I-130 approved application petition but had my I-485 denied because of findings of misrepresentation and even my I-601 got denied. Can I still go for a counselor processing if my I-485 has been denied by filing I-824 as people say chanc...

    Giacomo’s Answer

    You may. However, consular processing is even more stringent than processing I-485 and I-601 waiver in U.S. by USCIS. Please speak with an experienced attorney before you make this decision.

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  • Can I apply for a green card with an expired Passport

    I'm applying for a green card but my country passport has expired will that prevent me from getting my green card

    Giacomo’s Answer

    I am afraid it would be difficult, if not impossible to file for AOS with an expired passport. You need to contact your Embassy or Consulate in the U.S. to take care of it and have your passport renewed, before you apply.

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  • Can you please confirm if I can use "AUTOMATIC REVALIDATION OF VISAS" to re enter US?

    I Came to US on H4 visa from my home country India. I changed my status to F1 and did my certification course here in University of california santa cruz(UCSC) extension for 9 months. I got OPT and worked in USA for one year. Then I changed my sta...

    Giacomo’s Answer

    Yes, you can do that, as long as you are still in a valid H1-B status in the U.S. and can prove it if challenged. Take along a legible copy of your H1-B approval notice and your valid national passport, and you should be OK. Bon voyage!

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  • Until when am I authorized to work on an E-1 visa?

    I entered the US on an E1 visa. Until when am I authorized to work in the US? Is it the visa expiration date, or the I-94 expiration date (which is a few months later)? I am currently filling an I-9 form which asks for this information.

    Giacomo’s Answer

    Once admitted to US on E-1 visa, it is the 24-month term given to you under the I-94 that controls the terms of your admission, stay and work in the U.S.

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  • Denial F1-H4 and H4 EAD application due abandonment while pending application. Got H4 visa stamped in India though

    My wife was on F1 visa prior to Jun 2015, We then applied for F1 to H4 status change and H4 EAD application in Jun 2015. She needed to travel to India in November to see her parents. She left US in November 2015. Her both applications were still p...

    Giacomo’s Answer

    Once your wife enters on H-4, she should be eligible for EAD.

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  • Is there any way I can find out upfront if my Visa is cancelled? If not, anything legally wrong travelling unknowingly?

    Ok.. here is the scene: I have a US L1B visa. I-129 its valid till 30th APR 2016. I have got it stamped on passport as well. Passport has same validity dates. However since I got stamped my visa, I am going to enter US for the first time. ...

    Giacomo’s Answer

    Speak to the employer's attorney to discuss your options.

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  • How much attorney will cost me for consular processing and to file for provisional waiver?

    I came to US in 1998 with my parents and 1 older sister on B1/B2 visa which was approved for six months then we extended for another six months.Meanwhile I obtained student visa(F1) which was approved and receipt stated Valid for duration of statu...

    Giacomo’s Answer

    Legal fees vary from one attorney to another and from one city to city. Normally, consular processing should not cost you more than a provisional waiver.

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  • Is my 6 year clock is reset?

    I stayed in US from Setp 2010 to April 2014 on L1-B VIsa (3.5 years). Then travelled to India and my employer filed H1B for me in same year 2014. I again came back to US in May 2015 (i.e after staying in india for one year one month) Can you pleas...

    Giacomo’s Answer

    Since your employer petitioned for you in 2014, or before the gap, your clock should not be reset. Talk to the employer's attorney.

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