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Giacomo Jacques Behar
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Giacomo Behar’s Answers

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  • Can I get a drive license in the state of Arizona, if I'm an illegal immigrant?

    I came into az with a work permit and i over stayed. It expire 2012 and I've been here ever since. No bad record at all. Just been here working and taking care of mi wife.

    Giacomo’s Answer

    That is entirely a state law matter and will depend on the rules and regulations of the Arizona Dept. of Motors and Vehicles to that effect.

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  • How could an immigration visa produced through the Congress of the USA be so easily and quickly cancelled by border agents?

    I am not much knowledgeable in US immigration laws (that are now so tricky!) but I wonder how could it be legally justified to cancel so easily and quickly an immigration visa such as the diversity lottery immigration visa that was basically order...

    Giacomo’s Answer

    How said life was "just", fair or easy? There are laws which specify that if a green card holder remains outside the USA for one year or more, without having previously applied for and obtained a "Reentry Permit", that person in effect "abandoned" his/her lawful US permanent residence, by automatic operation of law and that green card has been cancelled. Period.

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  • I have overstayed my visa in 2009 I have around 10 to 15 k is there a way that i can get any kind of legal status with work per?

    I am 28 years and I have no intention to marry a USC, Is there any other way to get legal status I am ready to spend 10k to 15k to gain a work permit.

    Giacomo’s Answer

    Will be difficult, if not impossible - US immigration law is based on the principle of "family reunification" and to a (much) lesser extent on immigration through employment or investment. And I don't think political asylum is an option for you. There are various study, work and employment visa options. None are available for for individuals who are not currently in valid non-immigrant status here in the US for them to be able to change their status in the US. Will have to depart the US and apply at a US consulate in your home country. The moment you depart, however, you'll be triggering the 10 year inadmissibility bar, due to your having overstayed since 2009. To be able to take advantage of a "Waiver" of your inadmissibility, you need to have an "anchor relative", i.e. spouse or parent who is a US citizen or green card holder. You unfortunately have neither. Consequently, absent a change of law, such as immigration reform helpful to individuals in your situation or outright amnesty or pardon for overstayers you have no relief under current law. Keep a low profile and don't get caught.

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  • Hey Guys, Can I request a O-1 Visa if I am an italian photographer? If yes how much will cost to me? I have to have some partic

    I'm an italian street photographer and I want to move in NYC in this autumn. I have some bio info in my website www.davideannibale.com if this can help you to answer to my question

    Giacomo’s Answer

    Salve Davide,
    Beautiful photos. But you need to understand that for an "O-1" visa merely having a foreign passport and an impressive photograph portfolio does not make one eligible for the O-1 visa, which is truly meant for individuals who are deemed "extraordinary" in their filed of endeavor, with specific criteria/requirements of how to prove it. You will also need an "employer' or agent to sponsor and petition you for an O-1. Not simple, easy or "cheap". With the link below I invite you to read the O-1 requirements at the USCIS website. There are also many others.
    http://www.uscis.gov/working-united-states/temporary-workers/o-1-individuals-extraordinary-ability-or-achievement/o-1-visa-individuals-extraordinary-ability-or-achievement

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  • During the process of Green Card, Can i change employer once i get my I140 approved to retain my priority date?

    When is the right time to change employer when your green card is in progress. Can i change when my i140 has been approved and still retain my priority data?

    Giacomo’s Answer

    If you change employers after the I-140 filed on your behalf has been approved, the new employer can seek a 3 year extension of your H-1B status - must be careful to do so prior to the old employer "withdrawing" its I-140, however, to obtain those 3 additional years.

    Once changed employers, given that a PERM and I-140 is employer specific the new employer will have to file its own PERM and I-140. You will, however, be able to retain your earlier PERM priority date, even after when the old, by now disgruntled ex-employer "withdraws" its I-140.

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  • EB1C I-485 Finger printing walk ins recommended?

    Have got the FP appointment after 2 weeks but am travelling to another state on the date, I wanted to call USCIS and reschedule but am worried they might reschedule for later date. Would you recommend walk in? From what I have heard it depends on ...

    Giacomo’s Answer

    Yes, an (earlier) date "walk in" is always recommended, if it can be justified for a valid reason. In your case it is. Have proof of impending travel on you. Once at the ASC, ask to speak with a Supervisor- only!

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  • Do I need lawyer for migration ?

    I have my sister and her family who are in the States for fifteen years and have already got American citizenship. What are the steps I need to take to stay in the States and work there. I am presently working for the U.S.Embassy in Singapore for ...

    Giacomo’s Answer

    Too much to explain for what is supposed to be a brief, free consultation on the internet. Consult with the lawyer of your choice to be explained the various options that may be available to you and the realistic feasibility of each.

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  • Dependent of A-2 to F-1 while in the US. Are these all the forms I need to adjust my status?

    I have completed the following forms: I-556 (2x), I-539 (1x), I-20 (from University), receipt of I-901 SEVIS Fee $200 and proof of finance support (bank statement). Do I need to pay some other fee too?

    Giacomo’s Answer

    That's right. You also need to execute Form I-508 renouncing all privileges and immunities, since now on a diplomatic status and enjoying diplomatic immunity.

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  • How long the process will take time to get back a new green card with a change name on it ?

    someone in the family is required to change the name on green card due to lawful reason.

    Giacomo’s Answer

    USCIS is currently processing those I-90 Form applications within 7-9 months.

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  • Am I suppose to carry my passport with me at all times in Canada?

    Does canada require for us to have our passports with us at all times in their country?

    Giacomo’s Answer

    That's a question for a Canadian lawyer to answer. Not us. We are all US immigration lawyers here and know nothing about Canadian laws and regulations. But, as logic dictates, I would assume that yes, a foreign national temporarily admitted into Canada as a "visitor" will be required to carry his/her passport on his/her person at all times while in the country. I know this what is required of foreign visitors in the USA.

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