Skip to main content
Giacomo Jacques Behar
Avvo
Pro

Giacomo Behar’s Answers

44,097 total


  • You think it is possible for me to travel to Cancun, Mexico when I apply for green card?

    Here is my situation: I am asylum applicant who applied in Oct 2008 and legally entered in the US. My asylum case is pending with the court. I am hoping to do destination wedding with my fiance at Cancun, Mexico in December. I am wondering if...

    Giacomo’s Answer

    If you are already in immigration court where removal proceedings against your person have been lodged, the last thing you should think about is to do a "destination wedding" outside the country. What did your attorney opine on this one when you posed him/her the question?

    See question 
  • Will there be any problems if we get married in the US and she goes over to a US consulate in Canada to obtain the E3D visa?

    I have an E3 visa and am working in the US. My girlfriend of 5 years will be joining me, initially on visa-waiver. She is an Australian citizen.

    Giacomo’s Answer

    There'll be no problems whatsoever. Let me be one of the first to congratulate you both!

    See question 
  • Work as a freelancer, which kind of visa?

    Hi, I'm Italian and I'm trying to be sponsored for a H1B visa in San Diego but I found a company which would hire me not full time as an employee but part time as a freelancer or independent worker. There is another kind of visa available for peop...

    Giacomo’s Answer

    Salve Helena,
    Your H-1B plan will unfortunately not work. H-1B status requires one to be on regular payroll, as a full-blown "employee". "Freelancing" or "Independent Contractor" status is not allowed on H-1B. Part-time H-1B work, 20 hrs./wk. min., is however, allowed. Also, kindly be advised that USCIS will never agree to view the position of "Social Media Manager" (or any other justifiable position the "company" will try to concoct) as a "Specialty Occupation" of H-1B caliber requiring someone with at least a Bachelor's degree in order to perform its "highly complex" job duties..

    Yes, you will need to open your own business and aim for an E-2 visa application. Anything else will be pure fantasy, with very little chance of success in your situation with what you want to do, am afraid.

    See question 
  • How long will it take to process his papers and is going to be able to stay here and not leave to mexico while everythin process

    I'm 21 years old and my future husband is 23 we have a son of 2 years of age we been together for 6 years and half. We are planning to get married in a week or so i would like to fix his papers for he could be legal in the U.S. He came here when h...

    Giacomo’s Answer

    While a classical scenario faced everyday by millions of children who were brought into the country illegally by their parents, without them asking for their "consent", your question as to the best strategy and tactics cannot be meaningfully responded to with a quick one or two sentences on a general public forum such as Avvo, but needs extensive analyzing during a private, in-depth consultation with an experienced immigration lawyer.

    See question 
  • I'm on F-1 visa. Can I have my status adjusted to E-2 if I start a company and raise investors' money to run it?

    I'm an F-1 visa holder, currently in last few months of OPT STEM extension. I'm thinking of quitting the job at the company where I currently work and starting my own in my field of study. Provided I'm successful at raising money from professional...

    Giacomo’s Answer

    These types of complex, multifaceted case-specific questions exceed the scope of a general blog such as Avvo and need to be examined in detail during a private consultation with an experienced lawyer.

    See question 
  • What will be my status if H1-B withdraw petition is filed before effective date but date of revocation is after effective date?

    Hi, I got H1-B approved for this year but my company laid me off in August before change of status in october 1st. USCIS revoked my petition on OCT 23. Have my status changed to H1 or is it still in F1. I have contacted my International office a...

    Giacomo’s Answer

    You are simply "out of status", (retroactively) effective since the date of expiration of your pre-H-1B I-94. Since your H-1B was ultimately "revoked" by USCIS, you are deemed to have never been on that status, and the H-1B visa number reserved for you by USCIS has been "cancelled", and restored to the "pool" of still unused H-1B visas.

    See question 
  • Can we file i539 before one month i94 expires ?

    I am applying I-539 for my mom to extend her stay in USA in visitor visa. She is in USA since 09/10/2015 and her I94 will expires on 03/11/2015. But I want to extend her stay because I just had baby he is 9 months old, I was not working since he b...

    Giacomo’s Answer

    "Can we file i539 before one month i94 expires ?" Yes, even though not recommended to wait for that long, one can file for extension of status ("EOS") at any time prior to one's I-94 expiration date. The I-539 must be received by USCIS prior to the I-94 having expired. In your situation kindly note that those applications for EOS are seldom granted by the USCIS California Service Center (or any other SC), for when it comes to EOS, USCIS takes the position that "whatever purpose a visitor had when coming to the USA, 6 months is more than enough time during which to achieve that purpose" and "we don't believe in extensions" is their motto. Especially "babysitting" by grandparents is considered "unlawful employment" and grounds for denial. To increase your chances of getting the EOS approved (still no "guarantees") make sure to work with an experienced lawyer. Don't try to do it yourselves, I can guarantee you will get denied.

    See question 
  • Where in Dane County, WI (I live in Madison) do I start this petition for a green card?

    I'd like to petition for my mother, who is an unlawful alien by definition, to get a green card. I am a U.S. citizen, 22 years of age. From what I could gather, being her son and of age, I can petition for her green card but I am not sure where to...

    Giacomo’s Answer

    Terribly sorry to disappoint you, but unless your mom was lawfully admitted into the country, with a visa and passport, or was "waived through" as a passenger in a vehicle at a land border port of entry (and can prove it), you will not be able to help her. While current immigration law forgives parents of US citizens (deemed "Immediate Relatives" ("IR") any "unlawful presence" ("UP") in the country, even if decades long, current law does not allow for IRs who entered the country illegally the possibility to "adjust status" in the US. Consequently, you can still petition your mother with USCIS (the "first step"), but she will have to ultimately depart the country and apply for an "immigrant visa" at her home country US consulate. Unfortunately, as soon as she departs, mom will be triggering the 10 year "inadmissibility bar", owing it to her most likely decades long UP. And most unfortunately current law does not have an "extreme hardship waiver' for parents of USCs. Thus, if that applies to her, mom is better off remaining as she is and not departing the country.

    See question 
  • Implications on H1 B or residency process if working from home

    I work remotely for home for my company and tend to visit the office once in 2 weeks or so. Does working from home has any implications in my H1B or my residency process.

    Giacomo’s Answer

    Yes, that can have big "implications" on your current H-1B status, for am sure that your employer did not list your home address as the "place of employer" in the Labor Condition Application and I-129/"H" petition filed on your behalf. Your "residency" process in progress should not be affected any, since that one involves a job offer for the "future".. Consult with an experienced attorney in private before its too late..

    See question 
  • How long it usually takes to get an answer in the mail? ( Officer told me that up to 120 days - but I hope it is not realistic)

    I went to the Naturalization Interview based on marriage to Federal Plaza, New York. Officer asked me couple of questions, all interview took may be 10 minutes and at the end she handed me a N-652, Naturalization Interview Results, B - a decision ...

    Giacomo’s Answer

    Maybe your security name check clearances were not yet in when you were interviewed? Or perhaps that office was so busy that they were behind with all naturalization cases? (Happens across many USCIS district offices around the nation, more than one thinks..) In any event, that "examiner" did not lie to you: by law, USCIS has up to 120 days after an interview during which to decide on any case they interview. May the time pass fast and painlessly for you.. In the meantime, if you'll get impatient, which am sure you will, sooner than you think, then schedule INFOPASS inquiries with the office you were interviewed at, every 30 days. Unfortunately you'll soon find out those to be worthless, for during each of these you will likely not be told any think you didn't already know...

    See question