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F. J. Capriotti III

F. Capriotti’s Answers

33,177 total

  • What if you voluntary departed the US and didnt reach the 180 days rule, how soon will you be able to re-enter the US?

    So my visa got expired last June 26th of 2012, i was granted a voluntary departure and departed the US on December 15th. Meaning, i didnt reach 180 days of unlawfully present in the US. How long will it take me to be able to re-enter the US if eve...

    F.’s Answer

    Who granted you voluntary departure?
    An immigration judge?

    You say your visa expired ... on what date did your I-94 expire?

    Basically, there is no fixed length of time if you were unlawfully present for less than 180 days.

    It will depend on the Consular Officer when he/she reviews your visa application.

    Note, even if you have an unexpired visa in your passport, it is no longer valid. Plus, you don't qualify for ESTA.

    See question 
  • Did I overstay my OPT status? Would it be considered as unlawful presence? Will I have trouble at the interview for visa?

    I finished my BS in Dec 2009. During 2010, I stayed in the US on OPT but without a job offer. I stayed for a whole year with no job then I successfully got transferred to a community college to earn another degree (May 2011) and continued on my F1...

    F.’s Answer

    You appear to have violated your status in 2010 & were lucky that CIS didn't catch you when you 'transferred' to a community college.

    Yes, if the visa officer is 'sharp' he/she could probably deny the F visa stamp.

    Why not finish the MBA before starting to travel internationally?

    PS There is no such think as a percentage guess in immigration ... other than for me to say that the chances are 0 to 100%

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  • I'm in the US as a dependent of a A2 visa holder, now I discovered that my working permit (c1) is expired and I work freelance.

    The thing is that we received a memo stating that State Department is rejecting all new applications because they reviewed the vienna convention treaty. Is a renewal also a new application? Is there a way to keep working without the perm...

    F.’s Answer

    Normally a renewal is not a new application.

    NO ... you can not legally work, not even freelance, without a current/valid work permit.

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  • E27 green card and divorce

    I am currently holding a E27 category green card, the expiration date is after 10 years .I am married for one year, I am going though a divorce, and I have the following questions: 1.) Is this a conditional green card. If the divorce is final? ...

    F.’s Answer

    1. That is not a conditional card. You can divorce whenever you want.

    2. No impact

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  • Amendment will be applied in end of Nov or December 2015, Without getting the approval notice can I go for stamping ?

    I have an approved petition from one client A where I am working last one and half year, my current visa is also from that client A and same employer. My current Visa is about to expire by 25th Dec 2015. We have applied for extension on 1st JULY ...

    F.’s Answer

    CLIENT?????? When I hear the word 'client' I think IT consultancy job-shop.

    If this is the case I would NOT go to India until the FINAL papers are approved.

    Also, make sure you get to talk to the "employer's" immigration lawyer and NOT a NON-ATTORNEY in HR.

    Some of these companies have the reputation for 'dropping' employees like a 'hot potato'.

    I encourage you to look for a 'real' employer ... one that will not send you to 'client/vendor' job sites.

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  • Do I need an immigration lawyer?

    I was adopted in 1987 by us citizens in the Marshall islands. I'm over 21 now and I have an i-130 pending through my father. Through the f1 category the wait appears to be several years. I'm also engaged and we don't want to wait 7 years (curretn ...

    F.’s Answer

    Yes, your US citizen husband can file papers .... even if your father has papers pending.

    It appears that you're talking to student loan people that don't understand the special situation for people from the Marshall Islands:

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  • I have a gross misdemeanor (domestic violence), can I apply for a passport to visit my sister in Canada?

    I have a gross misdemeanor (domestic violence), I have no probation officer, just a fine and a no-contact order that expires in March of 2017, can I apply for a passport to visit my sister in Canada?

    F.’s Answer

    My colleagues correctly pointed out that we have no idea what country's passport you're talking about.

    Assuming you're talking about a US passport, it isn't needed to go to Canada.

    BUT, your criminal conviction could block you from getting into Canada.

    Talk to a Canadian attorney. Search:

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  • Can I bring my wife back to the US if she has been here illegally for 10 years?

    My wife entered the US on a K1 visa but did not marry her fiancee. She overstayed her visa for 9 years. We met in the US and married 18 months later. We moved back to her home country 6 years ago. We adopted our son 2 years ago. We tried to make a...

    F.’s Answer

    Yes, you can, and should, hire a lawyer to do an I-601 waiver ... start with an international Skype call.

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  • No change in case status online for RFE responded in premium for I140

    My employer has filed for I140 in premium on 10 Oct and on 22 Oct we got RFE, it was responded on 26 OCt by FAX and now we have crossed 15 days since the reply was acknowledged by USCIS on 26-Oct, there is no change in case status since then.When ...

    F.’s Answer

    Don't waste time going to the online 'status' system .... it is broken

    The lawyer that filed the response to the RFE for the employer will probably hear something on, or around November 10th ... which is 15 days ... NOT TODAY.

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  • Non Resident Alien using her SSN to start a sole proprietorship business in the US. Difference between forms W-8BEN and W-8ECI?

    I am a Non Resident Alien using my Social Security Number to start a sole proprietorship business in the US. The bank wants me to fill a form W-8BEN for the withholding tax. But on the form W-8BEN it is mentioned "Do NOT use this form if: You...

    F.’s Answer

    What is your legal status in the US?
    Does that status allow for self-employment?
    Do you have an immigration lawyer?

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