Skip to main content
F. J. Capriotti III

F. Capriotti’s Answers

33,177 total

  • Certificate of Citizenship to American for baby born in Canada in 1950, return USA 1951.

    Applied for US passport but lacked documents in 1970 to obtain passport. American parent is 93. Should I obtain the documents via FOIA with USCIS or social security work records or another? I currently have a Canadian passport. Felony in 2005. Nee...

    F.’s Answer

    If you're a US citizen, why do you have a greencard?

    Talk to an attorney via Skype .... you may need to file a FOIA with many agencies.

    See question 
  • Can we use offer letter over 18 months ago to file Labor Certificate?

    I got a tenure-track assistant professor position in April 14, 2014. My employer, which is a university, applied H1B for me last May 2015, and I received my H1B in July 2015. Now I want to apply for green card, but my employer's immigration consul...

    F.’s Answer

    • Selected as best answer

    Unfortunately, your university made a huge mistake & it is difficult to believe, if they regularly use an immigration attorney, that he/she would have 'missed' this..

    The lawyer is correct, the 'special handling' available to a professor is only valid for 18 months from the date of the job offer letter.

    I do a fair number of these. Traditionally a school will make the offer in the spring (say 2014) which means that, even if the person doesn't start working until the fall of 2014, their deadline for filing the PERM papers is the fall of 2015.

    No, the search process from 2014 can not be used.

    Sometimes, if you're widely published, I have helped out schools/professors by filing an EB-1 Outstanding Professor application ... skipping the PERM process completely.

    See question 
  • How and what subjects need to be included in a Apology for unlawful entry into US/ Hard ship letter to be sent with the waver

    Our Lawyer said we need both an I'm tryen to help my husband do his and I just have no clue to go about it we have been fighting immigration since 2010 I just want to get everything done and over with I'm ready to live a normal life instead of us...

    F.’s Answer

    Normally there are at-least 2 affidavits that go with the I-601(A) ... (1) the US Citizen ... hardship letter; (2) the alien ... apology letter.

    Didn't your lawyer give you suggestions for what to put in BOTH of your letters?

    See question 
  • Es legal para mi estudiar en estados unidos de america del norte?

    tengo 18 años y posiblemente tenga que mudarme con mi familia a u.s.a como refugiados o asilo, estoy preocupada porque talvez ya no pueda estudiar si me voy

    F.’s Answer

    I would love to answer this question ... if only it had been posted in English (our official language) I could have done so.

    See question 
  • We fear for our lives and need to cross border soon! My husbands father was murdered and we fear one of us may be next!

    his mother was also murdered! We have been workin on his papers for 3 years. We are legally married and have a 2yr old girl. He was recently approved for I-601. he has already been to interview. only waiting for further instruction. Is there a way...

    F.’s Answer

    What country?
    Why were they murdered?
    Who murdered them?
    Has he been in touch with the US Consul?

    See question 
  • Could I apply for TPS-EAD after TPS registration period is over and OPT-EAD expires , if I have TPS and OPT-EAD at present?

    Hello! I am working under OPT-EAD, and it expires in 10 month. I was planning to apply for TPS without its EAD, and file EAD when my OPT-EAD ends. However, when my OPT-EAD expires, TPS registration period will be closed. Could I continue to work ...

    F.’s Answer

    This is quite a complex set of facts.

    Normally, if the person has a valid OPT-EAD I do not recommend that they file for the TPS-EAD ... this is because the use of a TPS-EAD will be a violation of the F-1 student status.

    Meet in private with an attorney, many use Skype, to discuss the best way for you to proceed ... no two cases are identical.

    See question 
  • My student visa expires in Dec-2017. while change the study I am not getting admission for 6 months.. Can I stay in USA ?

    I have a student visa F1 which will expires in Dec-2017. I want to change the course of study but I am not getting admission soon. I may get the admission in June-2016. I shall not study any thing for period from Jan-2016 to June-2016.I am not doi...

    F.’s Answer

    What 'job as per legal terms' are you talking about? Will this be CPT?

    Have you talked to the school's DSO?

    Be careful, you may need to leave the US & return for the June 2016 program start date.

    See question 
  • Can an EAD card holder buy corporation?

    I am currently in the process of adjusting my status now. Its family based. The case is pending now and I have an EAD card. I know I can start a business. But am I be able to buy and run a restaurant that is established as corporation? Thanks

    F.’s Answer

    Yes, you can start a business.
    Yes, you can buy an established business.
    Everything should be fine, as long as you have an attorney helping with the AOS ... they're not as simple as people think.

    See question 
  • Traffic violation while not having legal statues.

    I recently got a speeding ticket for 20mph over the speed limit, in the process I got a ticket for not having a license. Is it possible to fight my tickets to get them dismissed or enter into a diversion program even though I don't have legal stat...

    F.’s Answer

    I don't see how getting DACA and then a driver license will help with the fact that you were driving without a license.

    As far as immigration is concerned, teen court DOES count sometimes.

    Why aren't you talking to an attorney in private?

    See question 
  • Can an illegal immigrant sue an apartment complex for withholding their deposit from them?

    The immigrant was not illegal at the time of residence. The apartment complex is basically disorganized, switched through at least 3 managers recently and did not keep up with a lot of important documents. They claim that an effective 30 days noti...

    F.’s Answer

    Probably, this isn't an immigration question. Call legal aid in your area.

    See question