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Justin Francis Fappiano

Justin Fappiano’s Answers

7 total

  • Asylum case transfer to marriage case, how long time does it take me to waiting for the result after the I-130 filed?

    I'm a chinese, entered in US legally as a visitor in the end of 2009, and applied for asylum in 2010, But my court of asylum case always got postponed.This time, it was postponed until next year May when the judge of asylum knew I would marry to m...

    Justin’s Answer

    Your post mentions postponed court dates and a judge so it sounds like you are in removal proceedings. If so, USCIS only has power to decide the I-130. If approved, the immigration judge could then decide the I-485. The judge could also terminate your removal proceedings and allow you to get a decision on the I-485 from USCIS. If the Dept of Homeland Security attorney's position is that you should not be let out of removal proceedings, the judge would probably keep your case in the immigration court.

    Your question: "If I got approve, the interview of marriage case will happen before the May or after that?", suggests a misunderstanding. An I-130 is rarely approved without an interview, so your "marriage case" depends on the outcome of your interview.

    If the I-130 has not been filed yet, the marriage interview might be scheduled before May if you file immediately. It is impossible to predict the exact date, but DHS-USCIS gives priority to I-130s filed on behalf of people in removal in order to not delay the court proceedings.

    To be facing an asylum hearing with an immigration judge and contemplating an application for adjustment of status you should be represented by an immigration attorney knowledgeable about both. If you already have an attorney and are unhappy that s/he cannot predict exact timeframes or outcomes you should understand that no attorney can responsibly make promises as to specific dates and results.

    Good luck.

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  • If my case is denegate with immigration they goin to send me back to my country?

    I applying for la U visa I almost have everthing to send the office of immigration but I'm scare to do it.

    Justin’s Answer

    You are not likely to be put in deportation after a denied U visa petition unless you have certain negative things in your past. Criminal arrests and or convictions must be listed in the I-918. The form also requires you to disclose all time that you have spent in the US. The U visa petitioners I have worked with in the past all were required, for various reasons, to submit Form I-192 along with their petition. You need the assistance of a licensed attorney or a qualified non-profit agency. If you live in Bridgeport you could start by consulting someone at the International Institute of Connecticut on Clinton Avenue (203) 336-0141.

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  • Asylum

    My wife applied to an asylum few year's ago,she has court date next month.If she granted for asylum,can I able to get permanent residentship same time? I'm came with J-1 visa and overstayed,( 2 years rule doesn't apply)

    Justin’s Answer

    It sounds like she alone is in immigration court. If she is in immigration court and you are not, the immigration judge can only grant her asylum.

    If asylum is granted, she could apply for permanent residence 1 year later but an asylee is not legally required to become a permanent resident. She can remain in asylee status indefinitely. No later than 2 years from the date of receiving asylum your wife could file a Form I-730 on your behalf, a special benefit for asylee relatives that can be sought before eligibility for permanent residence.

    Given your time out of status (especially after a J1) and the uncertainty as to whether your wife's asylum will be granted, you need to consult an experienced immigration attorney in your area to review all of the facts and circumstances affecting you and and your wife.

    Good luck

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  • My H1-B visa is expiring this month (6 years), I do have an approved I-140 and I-485 is pending for the past three years.

    My application for Employment Authorization is still pending. Do I have to file for H1B extension when I-485 is pending or should I stop working since my H1 is expiring this month. The attorney who filed my application is out of practice I need fi...

    Justin’s Answer

    Your employer-petitioner should share your concern. Make them aware of the looming deadlines immediately if you have not already done so. The I-485 was your own application, signed by you, but remember that for an H1B or H1B extension it is the employer who files the petition.

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  • I been merried with a American citizen for 10 years an leaving here for 17 years. How it's possible not find my I-94?

    I lost my passport and for some reson they can't find my entrance in this country. How this it's possible?I had 3 different attorney and nobody could help me. What should I do? I have 2 American kids and I don't want have to wait in my country, be...

    Justin’s Answer

    Your post does not mention what your status was, but a Freedom of Information Act (FOIA) request to the State Department as opposed to USCIS might get you proof of the visa you used to enter. I assume that was also lost with the passport. Proof of that visa, if you can get it, could be used to try another I-102. However, if you entered with a type of visa that does not allow you to adjust your status inside the US, having the I-94 would only confirm your ineligibility.

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  • Effects of divorce after conditional Green Card

    Hi, I got my conditional green card through marriage to a USC which resulted in divorce before 2 yrs. No I am looking into good faith marriage waiver of joint filing. I have some proofs such as accounts, insurances, photos etc. My employer is...

    Justin’s Answer

    If USCIS denies your waiver petition you have the right to de novo review (a new decision) by an immigration judge in immigration court. USCIS would be represented by a Department of Homeland Security trial attorney and you would have the right to hire your own attorney. Depending on the court it could be more than a year before you get a merits hearing in front of the judge. If an immigration judge also denies the waiver you could still seek voluntary departure at the end of the hearing, but reserve the right to appeal the judge's decision to the Board of Immigration Appeals.
    If your waiver is denied because USCIS, the judge, and BIA find your evidence insufficient, that is not good, but not the same as a finding of marriage fraud which would bar you from future immigration benefits.
    You did not mention joint tax returns in your post. If you filed jointly that is important evidence. Your divorce itself can be evidence too. It must be filed with the waiver petition, and if there was a contested division of assets or alimony was awarded it can help to demonstrate the degree to which your lives were really "commingled". As Atty Olivie recommends, you should work with an attorney to put forth the strongest possible petition with USCIS.

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  • Immigration - Received EAD card, what's the next step?

    Hi I'm applying for adjustment of status (through marriage). I sent in my package in late july and I received my EAD card a few days ago. There wasn't much instruction in the letter, so I'm kind of confused what's the next step for me. I know I'm ...

    Justin’s Answer

    It might be helpful to review and print the application (and instructions) for a social security card at the SSA website. But, yes, you can now apply for it, USCIS will provide no instructions on obtaining the SSN. Bring your passport as an additional ID when you apply. Lately, I have seen adjustment interviews scheduled as soon as a couple weeks following the arrival of an EAD.

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