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F. J. Capriotti III

F. Capriotti’s Answers

31,589 total


  • I 130 submitted by a US citizen parent for a married more then 21 years old son / daughter versus that submitted by spouse

    1- If I 130 is submitted by a US citizen parent for a married more then 21 years old son / daughter and that son / daughter submit I 485 at the same time then does USCIS usually conduct interview to adjudicate the applications or make a decision w...

    F.’s Answer

    1. It is impossible to file the I-130 and I-485 at the same time for the F-3 family sponsored category.

    2. Each I-=130/485 is a 'set'. You can't mix-and-match petitions/applications.

    3. No ... read #1 .. it isn't legal to file them together in this type of case.

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  • What is the legal age to apply for the I-526 petition? What is the specific regulation code? thanks!

    If the investor is 18 years old, can he apply for the I-526 petition? Can you provide the code? Thank you.

    F.’s Answer

    Aside from the fact that you're too young at present, US CIS would look quite deeply into the 'source' of your money. If it is from a family member, there are additional complications.

    You should have a Skype consultation with an attorney.

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  • Appealing denied i-130....

    My i-130 was denied and we decided to appeal the decision of the USCIS officer. The reason stated for the denial is, failure to establish burden of proof. We filed EOIR 29, and would like to know when do we need to file the brief. Is there a deadl...

    F.’s Answer

    Normally lawyers file the brief with the EOIR-29, or within 30 days. This is because there is case law that states that the BIA can reject an EOIR-29 if ALL the grounds for appeal aren't clearly defined on the EOIR-29.

    No, the BIA won't send a briefing schedule.

    There are many good attorneys in CO.. Search AVVO, or www.ailalawyer.com

    NOTE: We can not quote prices on an internet blog like this.

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  • No last name in india passport

    My name on India passport: First Name - ABC DEF; Last Name - (nothing its blank). On L1 visa: First Name: FNU; Last Name/Surname - ABC DEF; I-94: First Name: FNU; Last Name - ABC DEF. Got my SSN with ABC DEF printed on card. My employer told y...

    F.’s Answer

    There must be more than 1,000 similar questions all over the Internet that are almost identical to this.

    The company attorney should have had you get the visa/passport names to 'match' before you came to the US.

    Yes, the employer has online access to SS info through 'E-Verify'.

    You should talk to the lawyer who's name is on your I-129 and have him/her help you correct this confusion.

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  • H-1B Change of Status to F-1 having an I-130 petition approved

    Hi All, I currently hold an H1-B status but we are going to move because my husband (LPR) is going to be relocated out of state in 1 month. In order not to lose my legal status we thought it would be best for me to switch to F-1 ...

    F.’s Answer

    This can be a problem.

    Your plan appears to be based on the hope that the H to F COS papers will take longer than December. Because, if the COS is denied, you'll be unable to apply for the greencard w/o leaving the US.

    Talk to an attorney in private, some options, but maybe not any that you like, exist.

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  • Applying for tax ID number to do business while i751 pending?

    My i751 applications to remove conditions is pending with Uscis .My question is while applying for Tax ID number with IRS for business purposes what do i need to present as a proof of legal resident.I have applied for i751 in february and it is st...

    F.’s Answer

    You have been extended for one year ... you don't need any more proof than that.

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  • My Social Security Card takes 6 weeks to issue!!

    I am an asylum applicant and my case is still pending. I have received my work permit two days ago and I went to the social security office today. I was shocked to hear that they need at least 6 weeks to issue me a social security card because th...

    F.’s Answer

    Yes, it takes times to do a background check on people before they issue the number.

    You can work. Did you get a paper that said you filed and that the application is pending?

    That is enough for an I-9 ... you can add the number later.

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  • I need the legal advice about immigration

    Dear lawers only to come to America so I contact the immigration and I told them to stop her paperwork because the reason she married me only to come to America then they sent me a litter telling me that they stopped her paperwork ...i want to ge...

    F.’s Answer

    1st Q: You should be OK ... BUT ... expect them to investigate the marriage more closely ... especially if you met on the internet and only went to her country for a short amount of time.

    2nd Q: That will be OK ... but if you don't have sufficient assets/income, you may need a joint sponsor for the I-864

    Consider a Skype consultation with an attorney .. just click on their name.

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  • H1B petition was revoked,my employer filed H1B amendment and it is approved. Am I eligible to travel to US with new petition?

    My client changed and moved to new location to work for new client without H1B amendment. USCIS did inspection as per, visited my old client as per I129 address and they couldnt find me working at the location. So my petition got revoked. My empl...

    F.’s Answer

    The more information you give us, the more complicated it becomes.

    Talk to an attorney via Skype ... either privately-paid, or the one working for the company.

    Try to stay away from job shops that send your to client sites without proper oversight: http://www.uscis.gov/news/public-releases-topic/business-immigration/questions-answers-uscis-issues-guidance-memorandum-establishing-employee-employer-relationship-h-1b-petitions

    PS Don't waste time talking to NON-ATTORNEYS ... ask to speak directly to the person who signed the I-129.

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  • My father has completed his 5 months duration of filing an asylum case now he submitted form getting a work permit.

    My question is in how many days he will get his work permit in hand?

    F.’s Answer

    The law says 30 days, but they have found ways to delay/extend that time. I'd say 90 days at the soonest.

    If more than 90 days, talk to an attorney about a class action lawsuit that was filed recently.

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