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F. J. Capriotti

F. Capriotti’s Answers

29,813 total


  • My boyfriend is LPR we are married,what is the best option for him to make a petition for me and the wait times?

    he is not citizen yet but he is ready to apply,we are living together. I would like to know the average time will be for me to process the petition as LPR or is convenient for me to wait until he became citizen?

    F.’s Answer

    Did you last enter the US legally?

    If so, AFTER he becomes a US citizen he can sponsor you.

    Talk to an attorney via Skype to start making plans now.

    See question 
  • Will my L1B maximum stay reset if I go home and stay there for a year?

    I'm on L1B and spent 2 years consecutive stay last december 2008- december 2010 then went home for a year then again came back in januar 2012. Will my maximum stay for L1B move to 2017?

    F.’s Answer

    Although, I am tempted to say 'yes', I'd need to look at your papers.

    What did the company's immigration lawyer say?

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  • Moved to the US on K1 visa, got married, all legal, now divorcing after 10 months of marriage. What are my rights?

    We didn't make a prenup. I am an immigrant with a conditional green card (2 years). I moved on a K1 visa, got married within 90 days, applied for adjustment of status, got work permit, and later the permanent resident card with conditions. Happen...

    F.’s Answer

    You should have a Skype consultation with an attorney.

    There are ways to get a 'waiver' for the I-751 which you will need to file.

    See question 
  • How can I change the DOB on Naturalization Citizenship documents?

    How can I change the DOB on Naturalization Citizenship documents? The date of birth is correct with social security administration and used to be correct on my TXDL but once I became a citizen the DMV changed it to the date on the Naturalization ...

    F.’s Answer

    Why didn't you tell this to the immigration officer at the interview, BEFORE you 'signed off' on the form, stating that everything was correct?

    If CIS made the mistake, it can be fixed. But, if the mistake was yours ... forget it ... CIS won't change things.

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  • I have $60k i want to open a pizza shop

    Hi,i am algerian,I have a b1/b2 visa,i want to open a pizza shop somewhere in miami beach or LA,is it possible to change the visa statu,if it is possible,how can i proceed?Can i do this project with a friend of mine who is a green card holder like...

    F.’s Answer

    Sorry, you have two problems that will keep this from working:

    1. The amount of the investment is too small, it usually should run around $100,000 to $150,000 with an additional $40,000 to $50,000 available for living expenses.

    2. We don't have any E treaties with Algeria ... thus, even if you had more money it couldn't work.

    Consider having a Skype consultation with an attorney to explore other options.

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  • Question on Gross Income in I-864EZ file.

    Last year i tax file with Annual Gross Income as $50,000 but IRS corrected my Gross Income and changed it to $51,000. Now in I864EZ file, what should I provide as Adjusted Gross Income? Is it the income first time i file ($50,000) or corrected by ...

    F.’s Answer

    I agree with my colleague, print-out a tax transcript and tax account from www.irs.gov

    Also, do NOT use the EZ form.

    Consider a Skype consultation with an attorney.

    See question 
  • How do we get them to release a passport that has been denied for back child support. Traveling out of the country?

    My boyfriends passport was denied for back child support. Contacted child support and they said it was do to a modification that was just taken into affect May 1. Balance is $2400. He has child support taken automatically out of his check every pa...

    F.’s Answer

    This is not an immigration law question. My suspicion is that it may be necessary to pay all the back support before a passport can be issued ... child support and tax laws are quite strict in that regard.

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  • N-400: Online status is "in line for interview scheduling", how long for actual interview in Boston?

    1. I know it may be difficult to guess the time but any ideas on how long it might take for Boston office to schedule the actual interview? It has been more than 5 months since my priority date.

    F.’s Answer

    It is difficult to predict and 5 months is not long for you to have been waiting so far.

    I'd predict you will be interviewed within the next 2 months.

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  • Denaturalization - Will this be considered clear, unequivocal, and convincing evidence?

    I am a naturalized usc (5 year rule) through good faith marriage waiver. Now I am marrying my former coworker in Sri Lanka (arranged marriage through my parents). We were coworkers 10 years ago. I moved to the US after that, got married, got div...

    F.’s Answer

    From what you have stated, I don't see any problems ... even if you were co-workers many, many, years ago.

    With that said, you should consider a 3-way Skype consultation with an attorney and your 'intended' fiancee.

    See question 
  • Can i re-use my old H1B if i didn't complete the 6 year term.

    Came to US in 2000 on H1B, Lived 3 years and went back to home country. Came back again in 2011 on L1B and currently live in US on L1B. Can change my status H1B using the left over term in my old H1B visa

    F.’s Answer

    Sorry, those papers expired around 9 years ago.

    A new set of H papers will be necessary.

    Consider a Skype consultation with an attorney.

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