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Joseph Caraccio

Joseph Caraccio’s Answers

340 total


  • Can I sponsor my husband once I obtain my green card?

    My husband is on DACA. Once I receive my green card, will I then be able to sponsor him? What is the process for that? We also have a child together.

    Joseph’s Answer

    Sure. You can file a petition on behalf of your husband once you are an LPR but he will not be able to adjust status and get a green card until you naturalize. Also if he did not enter on a visa but entered without inspection he will need a waiver of inadmissibility.

    What is the basis for your adjustment of status? Depending on your case he may be eligible to accompany you on your application.

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  • Can I travel internationally while naturalization is pending?

    I asked this question already and got some answers but I am even more confused now. Situation: applied for naturalization in February, went for biometrics in March and nothing afterwords... My GC expired in mid March. I will need to travel inter...

    Joseph’s Answer

    Make an infopass and try to get a stamp with the receipt of your N-400. If they don't give you the stamp then you need to file an I-90. That is the easiest way to find out.

    You should note that it is frowned upon to travel abroad while NATZ is pending. You may be scheduled for interview or oath ceremony while abroad or you may miss a notice in the mail.

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  • Can my mother in law travel with advance parole?

    My mother in law came to NY in 2000, and overstayed visa until now. When I married my wife we adjusted her status and she eventually became a US citizen. We then applied to adjust my mother-in-law's status last fall. She just got her Employment Au...

    Joseph’s Answer

    You are correct that the unlwaful presence bar will not be tripped by travel abroad on advance parole. However, as the previous attorney pointed out there is no guarantee of reentry with advance parole. It is always a discretionary decision as to whether or not someone will be paroled back into the US. IF she has no immigration violations in the past, has never been in proceedings, no criminal record, then there does does not seem to be any obvious reason why she would be denied reentry but no one can guarantee that.

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  • Can I visit to India and reply for RFE after that ?

    My H1B Amendment ( NOT EXTENSION ) applied on 7th August 2015 . I got a RFE on my H1B amendment on 14th March 2016. I have to reply for RFE by 25th May 2016. I am planning to visit India on 15th April for my brother’s marriage and coming back...

    Joseph’s Answer

    That is a risky move. You should speak to the attorney handling the case before you attempt this.

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  • Should I send add the court disposition to my OPT application?

    F-1 student was arrested last summer for possession of marijuana under 50gr and paraphernalia. The charges against me were dismissed. I did not plea, my lawyer was able to get me out of it clean. I traveled home last Xmas and was questione...

    Joseph’s Answer

    It wouldn't hurt to have a certified court document stating that the charges were dismissed so if this comes up you can prove the same.

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  • Will the government separate me from my children and deport me? Can I apply for renewal or permanent citizenship? Can I legally

    My green card is expired. I just discovered this recently. It expired 6/15. I have 4 misdemeanors for retail theft. Most recent from 2013. I have two young children born in USA. I am unemployed with no income. I need a lawyer that can help me pro ...

    Joseph’s Answer

    If your misdemeanors are CIMT's (crimes involving moral turpitude) which they likely are then you will get yourself put into removal proceedings if you try to renew your green card or naturalize. You need to have an attorney review the dispositions of your arrests before you do anything.

    Were any of your convictions within 5 years of you obtaining your green card? If so that is a grounds for removal.

    Did you adjust status in the US after being here for some time to get your green card or did you enter as an LPR?

    Are you married to a US citizen?

    How long has you been living in the US? Have you ever left the US since you entered?

    These are all factors.

    Are either of your parents US citizens? If so there is a chance you may have derived citizenship.

    You are still a legal permanent resident even though your card is expired. You still have a right to lawfully remain in the US but if you travel or apply for a new card you may trigger Immigration to look at whether you should be put in removal proceedings.

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  • Will I have merit to ask for some of the rent back? If so, how much?

    We rented the second floor of a private house and there was a persistent, on and off, 2nd hand smoke issue arising from the landlord and the tenant in the basement throughout the eight years of residency and after we disclosed to them that our 2nd...

    Joseph’s Answer

    Since you willing lived in the house with the second hand smoke and paid rent I don't see how you could now fight to get that rent back. You never challenged the warranty of inhabitability at the time you were living there. Doesn't seem likely to me. You could try small claims court but it doesn't seem promising .

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  • 1. Port of entry with live visa from old employer? 2. Is it common to revoke h1b petition when employee left the job?

    I have 3 year H1B approval with employer ABC''s petition (August 2015-2018). I also have live visa stamp (H1B) from my previous employer (XYZ) on my passport. My previous employer (XYZ) have revoked the H1b petiotion as I left my previous job. ...

    Joseph’s Answer

    You have to use your current visa. You can't use a revoked visa to travel. I'm not sure if I understand your question.

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  • Petition for Alien Relative

    Hi! I have question. I am US Citizen and I would like to file the petition for my parents. But my parents have a daughter (my sister) she will be 18 soon, so my question is : should I file I-130 separately for parents and sister, or together ? Th...

    Joseph’s Answer

    A separate petition would be needed. The wait for your sister will be much longer than that for your parents.

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  • Can i file seperate tax returns? if i do will that be pose a problem in removing my 2 year condition?

    i am a 2 year conditional green card holder which expires march 3,2017. what would be the best time to send in the i-751.

    Joseph’s Answer

    You have to file married but you can file independently but married. Married people file independently for tax purposes all the time. As long as you have plenty of other bona fide marriage docs then it wouldn't be a big deal. It may cause the officer to take a closer look and ask some questions but it won't disqualify you.

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