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F. J. Capriotti III

F. Capriotti’s Answers

36,860 total


  • Can I change my status?

    Right now I am on b2 visa n I am planning to study... I have two kids and they will be my depends. What should I do and how should I do... so I can start my studies. Another problem I am facing on my visa my given name is FNU... should I change i...

    F.’s Answer

    Are you aware of the fact that immigration looks 'down' on people that use a B-2 to enter the US and then file for a student visa.

    In fact, they are so 'unhappy' with this that you are not permitted to attend class until AFTER they issue an approval (IF they approve). The decision process can take 3-6 months.

    Thus, you'll be 'lucky' if you can start class next January.

    It is usually quicker, better to go home and get the student visa.

    Yes, the kids will need to go home also.

    See question 
  • Selective service for citizenship?

    I am 27 and i forgot to register with selective services, would it be a problem to apply for citizenship now? or what do i do?

    F.’s Answer

    Yes it can be a problem. You must now wait 5 years from your 26th birthday ... thus, after you turn 31.

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  • Can a DACA recipient apply for permanent recidende after legally being admitted into the country with an advanced parole?

    I am a DACA recipient. I have been for almost 4 years now (I am on my second 2 year permit and will be applying for my next renewal soon.) In 2014 I left the country to study abroad and re-entered with an advanced parole. I read online that I may...

    F.’s Answer

    Yes, you can apply .... if you have a US Citizen spouse or parent ... otherwise, sorry, DACA doesn't go that 'far'.

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  • Can i as a US LPR apply for PR for a non us minor for whom i'm a legal guardian for?

    I'm a US permanent resident who was recently awarded permanent legal guardianship of a South African minor. I would like her to live with us in the US. She will be accompanied by my sister to visit soon. Should i let her come with a visitor's visa...

    F.’s Answer

    No, you can not sponsor the child for residence ... unless you adopt her as an orphan and go through a special process.

    She might be able to get a student visa. But, it will be hard and expensive ... you must pay the 'full-and-real' tuition ... no free education allowed.

    Tourist visa? I doubt that it will be granted.

    Talk to an attorney via Skype.

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  • DUI after 8 months of naturalizion interview

    on october 16 2015 i had my citicenship interview with success but decision cannot be made i was requested to submit evidences which i did submit. on feb 20 case was recommended for approval and sent to the supervisor meanwhile on may 16 2016 i go...

    F.’s Answer

    You need a lawyer.

    You also need to get that case disposed of before CIS will schedule you for the swearing in ceremony.

    A DUI is a very serious thing ... CIS considers people with DUI convictions as a 'danger to the community'.

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  • How long would be an approved I-130 petition valid for my parents?

    I am a US citizen and just got the approval of I-130 for my parents. At this point in time, they don't want to come but may be in future. How long would be an approved I-130 petition valid for them if we don't proceed further with NVC? Do we need ...

    F.’s Answer

    After 1 year of inactivity the NVC can terminate the I-130 and return it to CIS for cancellation.

    All you need to do is send a certified letter to the NVC each year (keep a copy and use the return receipt system offered by the USPS).

    The letter only needs to say "we remain interested in pursuing this application and are working on the documents necessary.

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  • Do my dependents and I could apply for US Citizenship together upon my 5 years residency completion (not theirs)?

    I will compete my 5 years residency in August 2017 and planning to apply for citizenship in May 2017, however, my wife and my daughter ( 19 years old) will complete 5 years residency in January 2018 (4 months later than me). Can we apply together ...

    F.’s Answer

    No, the wife and older daughter can not apply with you.

    the younger children will 'derive' citizenship once both you and your wife naturalize ... ie: in late 2018.

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  • I received my renewed EAD but it has typography error

    I have a pending asylum case since 2015 and valid F1 status ,I got my EAD through pending asylum case a year ago. But when I applied to renew my EAD and got approved and was sent a New EAD card. But the card is have the wrong from and valid dat...

    F.’s Answer

    You appear to have done all you can. I suppose you could make an InfoPass appointment and go into the local CIS office.

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  • H1B worker changing jobs to employer offering green card support: should I begin green card application before transferring?

    New employer wants me to start working in two months. I'm planning to initiate H1B transfer process as soon as I accept their offer. I understand that a H1B transfer is essentially a new H1B application with new employer (save for visa cap). When ...

    F.’s Answer

    You can not 'initiate H-1B transfer' those papers are the property of the company(s) and only they can do that.

    Make sure that they use Premium Processing and do NOT start working based on a mere filing receipt. Therefore, yes, stay with the current employer until the approval notice is received. Then quit immediately..

    When to ask them to start the greencard process? It is probably more 'politically correct' to wait until you are actually working there.

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  • Visa stamping in India after H4 & H1b extension

    My husband recently got his H1b visa and mine h4 visa extended. Now I need to visit my family in India at year end. For coming back to USA, I know I need to get visa stamping in India. Will I be able to get visa stamping in India before he gets h...

    F.’s Answer

    Yes, you can get your visa stamp before him ... as long as he asks the company attorney to provide him with the proper documents.

    How long for the stamping? Hard to say, you might qualify for the interview waiver (dropbox) option ... have your husband make an inquiry with the company attorney and NOT a NON-ATTORNEY in HR.

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