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Giacomo Jacques Behar
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Giacomo Behar’s Answers

37,248 total


  • Can i travel without my green card?

    I have my approved notice for my adjustment of status. The welcome notice.

    Giacomo’s Answer

    You can only travel without your GC if you have advance parole issued, after applying for it on the Form I-131. Otherwise, you cannot leave the country before getting a physical green card, or risk not being readmitted and have your adjustment case denied.

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  • A USCIS supervisor said they got a RAP sheet from FBI but I have never been arrested. What could that mean?

    I had a cancelled AOS interview which was rescheduled to next month but I went in anyway to make sure everything was fine, until the supervisor mentioned that they received a RAP sheet from the FBI. I have my green card interview in less than ...

    Giacomo’s Answer

    To answer this question I would recommend you postpone your interview and obtain your FBI printout to see what exactly is on your record. Then you should consult immigration attorney to discuss your options and prepare for the interview. Good luck!

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  • If I have 1 year and 5 months in the country, Can I apply for assylim?

    The reasons is that I'm journalists who is against the actual government and I'm afraid of my life if I come back

    Giacomo’s Answer

    Journalists belong to a particular social group, as they are the voice of dissent in many oppressed countries in the world and many of them die for their expressed political beliefs. I would recommend you speak with a very experienced immigration attorney who specializes in asylum relief, in person or via Skype to discuss all of your options. In many of our cases we were able to overcome a 1-year deadline, because several exceptions are available under the current asylum regulations, and it is important that one or more are found for your specific circumstances. But time is of the essence and you must diligently file asylum within a reasonable time (less than 6 months) as soon as you learn about this form of relief and believe you have a colorable claim to it.

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  • I140 ported from Eb3 to EB2 category.

    I applied for my I485 EB3 category in 2006 June. I ported my case to EB2 in 2015. I got my approved I140 under EB2 category last week. Can you guide me on what steps I need to take now: 1) Re-Applying I485, G325A application again..? Do I ...

    Giacomo’s Answer

    Your question is confusing in the manner asked. Let me clarify for more of my colleagues to understand:
    You mean you have an EB-3 based I-485 AOS pending since 2006, as a result of being a native of a backlogged country (India, by any chance?). With your I-140 being (I assume) approved, and your I-485 having been pending for more than 6 months (that's an anecdotal understatement in your case), you could have "ported" to a different employer, as long as the new job was "same or similar" to the first one for which PERM and I-140 were approved. You didn't need to have a new PERM and I-140 filed on your behalf. You could have simply "waited" for your "priority date" under EB-3 to become "current" and ask USCIS to adjudicate your pending I-485. But you instead chose to have a new employer restart the entire process again, this time with an EB-2 caliber job offer, file a new PERM and I-140, with you having reused the earlier priority date of the first PERM filed on your behalf almost a decade ago. You are now asking if your native country's EB-2 priority date is now current, whether now you need to reapply for a new I-485, with all ancillary applications (I-765, I-131) with the new employer in the aftermath of the new I-140 having been approved and your EB-2 priority date now being "current": ANSWER: I say YES, but that's a matter of strategy and will depend on many more factors and on how your attorney will determine it's best to proceed on this one. This type of question is well beyond the scope of a general forum such as Avvo.

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  • I have 1 year left to max out on H1B and my I140 was approved in April 2015. Can I switch Jobs? If yes, what are my options ?

    My employer has not provided the I140 receipt or approval copy. He is not willing to give the details. My new employer will not be able to file a PERM within next 3 months. 1. Is it advisable to make a switch at this point without I140 ...

    Giacomo’s Answer

    What does your current attorney tell you? I would recommend to have a private consultation regarding this matter either with your attorney or get a second opinion from an experienced attorney in your area.

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  • How often does BIA appeal a grant of asylum? Are there any factors that motivate them?

    How often does BIA appeal a grant of asylum? Are there any factors that motivate them?

    Giacomo’s Answer

    BIA's decisions are based on substantial evidence in your case and your credibility during the testimony you provided to the Immigration court during the hearing. It is very rare that BIA would reverse the finding of adverse credibility if the Judge meticulously pointed out the factors for his decision.. However, if the Judge made a clear error of fact or law, it is possible for BIA to reverse the asylum denial.

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  • My husband is from the UK, im a us citizen. How successful is bringing him over on the visa waiver and getting an AoS?

    we have never had any immigration problems, and are in a honest relationship.

    Giacomo’s Answer

    It can be done. However, you need to pay close attention to timing. You cannot apply for AOS before 60 days following his arrival to overcome the immigration intent issue. I recommend you hire an experienced immigration attorney to assist you to overcome several other possible hurdles that are possible in this case.

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  • Spelling mistake on passport

    my Green card , Birth Certificate and Social Security have Name Qader , but my Passport and airline ticket write name Qadar so can i travel and come back usa or have any issue even i want to go very Emergency must to go please help me and give me ...

    Giacomo’s Answer

    This time you should be able to explain the inconsistency. However, in the future you can submit application to correct your passport, to avoid any future issues upon return.

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  • Should i change to H4 or work using TPS EAD? Can I change status for GC using spouse's H1B if only on TPS and not H4?

    My country was designated TPS eligible. My spouse has H1B and I have OPT EAD but it expires in 2 months. I heard that using TPS EAD would violate H4 status. So I won't be able to change to H4 and work on TPS EAD. My spouse has started green card p...

    Giacomo’s Answer

    You have to weigh your option in light of your priorities. If you need to continue to work, it is better to switch to the TPS EAD. If your spouse is in process of obtaining his green card through his employer, it is likely that in 18 months (when TPS is due to expire) you would either be able to adjust status, or to have your TPS EAD be renewed.

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  • H1B visa requirements

    I dont have a bachelor's degree, but I have 15 years of experience in hospitality and luxury retail, but if some 5 star hotel is willing to offer me job and sponsor me,is it possible for me to get H1B visa, i have just done my high school, i was t...

    Giacomo’s Answer

    Your case is unusual in that you have a somewhat diverse immigration history. I would recommend a private confidential consultation with immigration attorney to assess your options. And more specifically - to understand whether your work experience can be substituted for academic requirements necessary to qualify for H-1B visa.

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