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Giacomo Jacques Behar
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Giacomo Behar’s Answers

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  • Filling out ds-260 online. Wife in Taiwan. When do we get the medical exam and vaccination records, right now or later? Thx

    I just want to know when my wife needs to go see a doctor to prepare her medical records. Should we do all that now or until further instructions? Thank you all.

    Giacomo’s Answer

    Wait for NVC's instructions package, giving you instructions in that regard and providing you with US consulate approved medical doctors who conduct that type of medical exam.

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  • K1 visa redused under 212(a)(5)(A)

    Filed petition with prior unterminated marriage

    Giacomo’s Answer

    And? What is your question? You will need to obtain a final divorce decree terminating your marriage prior to being able to refile another I-129/F petition.

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  • F2 to F1 VISA

    I came to The US as a dependent on F2 status. I am planning do full-time course and, please suggest me for the best approach and below are some suggestions from my friends: - I have applied for Canada VISA, to get stamping from f2 to f1. ...

    Giacomo’s Answer

    -US consulates in Canada will refuse to entertain your visa application since it will be the first time you'd be applying for an F-1 visa. You have no other choice but to travel back to your home country and apply for your F-1 visa there.
    -No, in case of F-1 visa denial, the VO should not (and most likely will not) cancel your still good F-2 visa, unless "reason to believe" fraud or criminal activity involved.

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  • Received an RFE on marriage certificate and new medical examinations aside from my husband. Do I send info requested separately?

    My husband and I submitted an AOS back in 2013 by means of labor certificate. He lost his job, as his employer wrongfully accused him of stealing to get rid of him for being sick. He got arrested, but got cleared. He found another job, but lost it...

    Giacomo’s Answer

    Each one of you should separately and individually respond to the RFEs that each of you individually received.

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  • What immagration application could I apply for in other to become a police?

    Left Mexico and I came to this country in the fall of 2008 with a visitor visa at the age of 11 now I'm 18 and finished high school here

    Giacomo’s Answer

    No such immigration application exists. To join the police academy (if ever accepted) you need to be at least a great card holder and ideally a US citizen.

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  • Can I change address for reentry permit after biometrics?

    I am a green card holder and I will be leaving the US for about a year or a bit more. I may want to change my US address after I leave

    Giacomo’s Answer

    And what useful purpose will that serve, since you will be abroad for a year anyway? Why don't you wait until coming back and resuming your domicile in the US before changing your address, unless it is to a different address that you want your RP to be sent.

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  • I got fire because my green card expired but I was already in the process of becoming a us citizen. Is this legal? What can I do

    I just passed my us citizen test and was given an extention on my green card in the mean time that the oath ceremony happens but my boss already hire someone for my position. What can I do?

    Giacomo’s Answer

    Yours is not a question involving immigration law. Consult with "wrongful termination" attorney in L.A. and repost this question to the employment law/discrimination/wrongful termination section(s) and see which answers you get .

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  • I140 approved and employer change

    HI, Currently I am working in Company A and got an offer from Company B.. I have my I140 approved by Jan 2015. It is more than 6 months after my I140 approval.I have 3 and a half years in my current H1B Is it fine if i change ...

    Giacomo’s Answer

    Yes, go ahead, take measures to switch to co. B, but make sure that they file for your new H-1B, via premium, if possible and get it approved prior to a disgruntled "A" "revoking" their I-140 on your behalf. If "B" files prior to that revocation, then can get you an additional 3 years extension of your current H-1B status. Even if they were to revoke their I-140, you will still be able to "recapture" your old PERM and I-140 priority date in a new PERM "B" would be filing on your behalf in the future.

    As for the rest of your questions, pose them to the experienced immigration attorney of your choice, during a paid consultation to that effect.

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  • Where do I mail my DACA applications and documents, and how do I organize them?

    I live in Las Vegas, Nevada and I'm not sure where to mail my DACA application. I'd also like to know if there's a specific order the documents and applications need to be organized, type of envelope and if I have to go to the post office and mail...

    Giacomo’s Answer

    Read the Form's instructions, they explain where to mail the DACA application form, but to double check and be on the safe side, also verify at www.uscis.gov

    As to organizing the DACA package of supporting documents, put the form, fee and photos on top, and separate each of the five years' physical presence supporting documents by tabs or colored sheets of papers. Begin with the most recent year, followed by the earlier ones, in ascending order. Use your creativity and imagination, there is no one right way of doing this, pretty much anything goes, as long as logical, clear and easy for the trier of fact to understand. Best of luck!

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  • Hi, Can H4 dependents (wife and Kids) travel to USA a week before me, when I stay back in India for Visa Stamping.

    My h1b visa stamping date has delayed and now it is scheduled on Aug 5th. My wife and kids were planned to travel on Aug 6th and I am planning to travel on Aug 13 after collecting the passport from consulate. So my dependents will be travelling to...

    Giacomo’s Answer

    As long as your dependents are already in possession of valid H-4 visas in their passports, then yes, that shouldn't be a problem.

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