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F. J. Capriotti III

F. Capriotti’s Answers

33,402 total


  • Is there a way to get I140 approval copy based on my Alien number?

    I am in H1B status, my employer is applied GC and I140 got approved and he is not willing to give I140 doucment and even I do not have I140 receipt number, what I have is Alien number. Is there a best way to get the I140 document, I need to apply ...

    F.’s Answer

    Only the employer can obtain a copy of the I-140 ... it is their property.

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  • Just notified with a harassment restraining order before 10 days from my oath ceremony, will my citizenship be affected?

    Harassment restraining order before oath ceremony and after naturalization interview.

    F.’s Answer

    Ouch ... run, don't walk to an immigration attorney's office .... immediately.

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  • What are my options if my I-765 application is not withdrawn and USCIS issues me a EAD card. Can I reapply for EAD again?

    I am graduate student on F-1 visa in mechanical engineering at a public university in USA. I had recently submitted my I-765 form to USCIS for the post completion employment authorization. However, as my graduation has got extended from Februa...

    F.’s Answer

    Have you sat down and met with your foreign student adviser in person? If not, that is your next step.

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  • Can I travel to the U.S. on B1/B2 visa while at home for 2-year J1 home service requirement period?

    My J1 is expiring and due back my home country shortly. I'm subject to 2-year home service. Will I be able to travel to the U.S. on business trip (B1) or personal vacation (B2) during these two years? How does that impact my 2-year home service...

    F.’s Answer

    Yes, you visit the US ... but keep accurate records, every day you are in the US 'adds' to the 2-year requirement.

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  • I am in visiting in uk with visa and my wife live in UK i want to know i can to take my visa of stay in uk withaut return moroc

    i am in visitor in uk and i want to stay with my wife here

    F.’s Answer

    Good question. Which, unfortunately, can not be answered on a US Immigration Law-only forum like this.

    Sorry.

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  • Is it normal for Asylum office to have jurisdiction over i-140 ? If yes - what are the consequences in given situation.

    i-589 asylum case in Miami Asylum office pending (for two + years) for an interview. In parallel Employer based petition was filed. EB3 visa date was current, i-1485 filed and have a valid EAD with AP. Confirmed i-485 is pending with Texas Service...

    F.’s Answer

    Where is the attorney that did the I-140? This is a highly complicated matter and I would NOT recommend that you try to contact the Ombudperson's office w/o a lawyer.

    PS You didn't mention what 'lawful' status you currently have ... which can't be 'asylum application pending'.

    Do you have a current, valid & unexpired H?

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  • Can my aunt be a joint sponsor listing only her assets?

    I am a student, and make very little income (not enough to file taxes). My aunt doesn't work so she has no income, but she has properties/assets that are well above the 125% poverty guidelines. Can my aunt be a joint sponsor listing only her ...

    F.’s Answer

    Yes, she can be a joint sponsor w/o any income.

    Did you read the instructions carefully? If so, you'd have seen that your aunt must have LIQUID assets worth 5 times the amount required on the 125% chart.

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  • The travel history of my i-94 shows that I have a departure but I have never left the country since the original arrival.help!!

    I am in the U.S. and I am ready to submit an AOS package through marriage to an American, one of the requirements for this is to have an i-94. I lost the original but I was able to find it on the USCIS website. What surprises me is the on the trav...

    F.’s Answer

    This is a good example of how 'broken' the immigration computer system is.

    You need to file a form I-102 ... and pay the fee.

    This can be sent in with the I-485 package, or later.

    DO NOT USE THE 'bad' COMPUTER PRINT-OUT OF THE I-94!!!

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  • When my husband files a hardship with Waiver should we ask in hardship for re-adjustment of my status to i-301 or i-485?

    . My story: i came in 2001 with status "refugee-parole". Between 2002 and 2003, i was arrested multiple times for position class A, in 2005 i got married (he is American-born citizen). in 2007 applied for green card and got denial, plus they revok...

    F.’s Answer

    • Selected as best answer

    You need to meet in private with an attorney.

    Some convictions for drug possession can not be 'waived'.

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  • How can I help to immigrate a child with down syndrome to the USA from Kazakhstan?

    I'm the naturalized US citizen I would like to bring my sibling with her newly born baby girl with down syndrome to the USA. What are the fastest way to do that, as baby's father forces my sister to abandon the child

    F.’s Answer

    Unfortunately, there is no fast, nor easy way to bring in a sibling with her child.

    It takes approximately 12 years.

    The first step is to meet with an attorney and prepare the I-130 form.

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