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F. J. Capriotti III

F. Capriotti’s Answers

31,451 total


  • Can denial of I-131 hinder processing of I-485?

    My wife is about to start the process of adjustment of status. I am a US citizen. She is currently out of status on J-1 visa (NOT subject to 2 year rule). We have a vacation trip planned and at first were planning to apply for I-131 for advanced p...

    F.’s Answer

    Don't even think of filing the I-131 .. she should not travel until after she's gotten the greencard.

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  • The BIA dismissed my appeal for defensive asylum application. I v been married with a US citizen for 1 year and half right now

    But haven't submitted a marriage petition. Can it help?

    F.’s Answer

    This is a repeat question. Please see my response to your other posting.

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  • The BIA dismissed my appeal for defensive asylum application. I v been married with a US citizen for 1 year and half right now

    But haven't submitted a marriage petition. Can it help? I m also in removal proceedings.

    F.’s Answer

    This will be super complicated. The original deportation file needs to be reopened.

    Talk to an attorney via Skype as soon as possible.

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  • Unavailability of record CFR 103.2 (b)(2)

    My wife is about to start the process of adjustment of status she is on J-1 visa that is out of status (not subject to 2 year rule). I am a US Citizen. The issue is that from our understanding I-485 requires unabridged birth certificate (South Afr...

    F.’s Answer

    I agree with my colleague, unavailable means 'impossible to obtain. .... not "it will take months to get".

    Yes, there are standards, look at the 'reciprocity table' on this website for available, and not available, documents: http://travel.state.gov

    Consider talking to an attorney via Skype, there may be other parts of the process that you don't understand.

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  • Visa for exam

    Hi, I have some questions regarding us visa. My visa petition has already been approved by NVC. I am in cat 2B. I am from myanmar. The problem now is my priority date is still far away. I am a doctor. I am doing usmle now so that i can practic...

    F.’s Answer

    • Selected as best answer

    The visa you need is a B-1. Consider a Skype consultation with an attorney to discuss this matter, and the possibility of having your case 'upgraded'.

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  • I got an inadmissibility waiver for misrepresentation on a non immigrant visa,am now in US soil,can I do adjustment of status?

    I was found inadmissible for misrepresentation under INA 212?(a)(6)(C)(i) when I applied for a non immigrant visa. Later on I applied and got a waiver on my inadmissibility waiver. I am now in USA. I want to change my non immigrant status to immig...

    F.’s Answer

    More information is needed. It is possible that you would need an additional waiver.

    Talk to an attorney in private, many of us use Skype.

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  • H4 to F1 conversion

    I am on. H4 status and plan to study on F1. can I get both the visas or I have to convert my H4 to F1?how much time does each option takes?

    F.’s Answer

    Although you can only be in one 'class' at a time ... yes, you can apply for both visa stamps at the US Consul in your homeland.

    If you wish to switch from H to F without leaving the US, it takes a LONG time.

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  • What is the good way applying for asylum?

    If a person wants to seek asylum in u.s.a. what is the best option weather he should claim on port of entry or after entring in states?

    F.’s Answer

    The best way is to contact a UNHCR office near your country of residence and be processed as a refugee: http://www.unhcr.org/cgi-bin/texis/vtx/home

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  • Do I need an immigration lawyer?

    My wife petionned me to get my green card. We already went to the interview with USCIS back on January 2015. According to the USCIS we did not demonstrate enough evidence that our marriage is ligit. A couple of months later, ice agents came to my ...

    F.’s Answer

    Yes, you need to talk to an attorney immediately.

    Many of us do Skype consultations at all times of the day.

    Do it tomorrow, just click on an attorney's name and send a private e-mail.

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  • Can the joint sponsor of a cr1 visabeneficiary be secured with any legal agreement ?

    I'm applying for a cr1 spouse visa and my petitioner doesn't make the required 125% to sponsor me so we are going to need a joint sponsor to sign the i 864. Can we give any sort of guarantee to the potential sponsor that he will not be burdened wi...

    F.’s Answer

    It is a legal commitment. Yes, you can have a lawyer put together a limited liability agreement as regards being able to sue them for the 125%.

    Clearly only a lawyer should do this. Probably one paid by the joint sponsor to represent them exclusively, and not the lawyer doing your CR1 papers.

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