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F. J. Capriotti III

F. Capriotti’s Answers

36,074 total


  • Honeymoon Visa for My brother and his wife

    I wanted to sponsor Honeymoon in USA. they will be going for visa earlier next month which supporting documents do they need from me ? I am in United States as a permanent resident and my wife is a US Citizen. Documents they have: DS-160 confi...

    F.’s Answer

    You can't "sponsor" someone for a tourist visa ... they must apply and stand on their 'own 2 legs' ... showing the Consul their strong ties to the home country.

    DO NOT have them give the Consul an 'invitation' letter.

    They need more documents ... do they own land? Are any of their parents still in the homeland? Siblings in the homeland?

    What country are they in? It makes a big difference.

    Consider a Skype consultation with an immigration attorney ... many of us do 3-way video Skype.

    See question 
  • Green card

    Is it possible to apply for cancellation of removal if you your green card application has been denied 4 years ago but the uscis never did put you in removal precedings?

    F.’s Answer

    DANGER, DANGER ... be careful .. you may get what you ask for ... being arrested & put before an immigration judge.

    Talk to an attorney to see if you qualify for cancellation ... it requires much, much, much more than merely being in the US for 10 years. PLUS, the reason for the greencard denial will be reviewed.

    Why was the greencard denied?

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  • What is consular processing regards to a H1B transfer "out of status"?

    Is it that when my employer's attorney files my H1 transfer in premium processing ( am currently out of status for last 20 days) they have to do a special application in a separate paper and choose a US consulate in my home country? I have a vali...

    F.’s Answer

    You don't appear to qualify for a 'transfer'.

    Talk to the lawyer about the fact that there's a 99.999% chance that you'll be going to your home country for a new visa stamp.

    OR, if the stamp in your passport isn't expired, you can possibly use the new approval and just return after a brief trip abroad. (NOTE: Since you'll probably be going home anyway, I usually recommend getting a new stamp ... it will be useful for future trips.)

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  • Can I start a company if my H4 EAD is about to expire in 15 days? (Applied for extension already though)

    Hello, I am currently under H4 EAD which is about to expire in mid of August. I have applied for the renewal on 30th of May. I want to register a company and start a business on that. My concern is whether I am eligible to do so with my current v...

    F.’s Answer

    Can you start the company? Yes

    Can you start working for the business before the new EAD arrives? No.

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  • Requirements to sponsor my boyfriend fiancee visa as I'm going through divorce process with previous marriage

    I'm us citizen my boyfriend from different country I met him here he is on f1 visa , right now I'm going through divorce process with my previous marriage, can I sponsor my boyfriend fiancee visa once my ex signs the divorce papers or does it to b...

    F.’s Answer

    It must be 'settled for good' with a decree signed by a judge.

    Make sure you use a divorce lawyer ... that your boyfriend stays in school and you consult with an immigration lawyer via Skype.

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  • H1B Extension and AB60 Driving Licence in CA

    Hi, My H1B extension is progress and I94 got expired. In CA they don't extend DL until you have valid I94. Can I choose for AB60 option, if yes then is there any impact on my legal status down the line for visa stamping or green card processing. C...

    F.’s Answer

    Didn't your employer use Premium Processing? If not, that was a mistake. But, it's not too late to upgrade.

    Otherwise, you can try the AB60 ... but it wouldn't be my first choice.

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  • What is a Status Review Hearing?

    I received a DUI and now have to go to Court for a one year status review hearing. What is that and what do I need to do to be prepared?

    F.’s Answer

    I'm not sure why this is in the immigration category. I'll re-classify it.

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  • GC filing on OPT without getting H1b

    I have done MS Engineering and now on OPT and with extensions I can work till 2019. A small company is willing to file my GC without going to H1b process. My country dates in UCSIS bulletin are "Current". Can one of your take up this case and if...

    F.’s Answer

    Small company??????? Make sure that they don't try to save money and do things without an immigration lawyer.

    If nothing else, you/they should do a Skype consultation with an attorney.

    To answer your question, although in theory it is possible (as long as you're not from India/China) it usually takes more than 3 years for the process of doing the PERM & I-140.

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  • Can I take legal action against foreign consulate office based in the US?

    I am applying for renewal of my passport at my a consulate office of my country based in the US. The processing time is taking too long, even as per standards set the office. Upon inquiring (via email and in person), it says I have no legal status...

    F.’s Answer

    What is the country you are from?

    In most cases the answer is 'no' you can't sue a Consular Office ... but, you can try filing a complaint with the foreign office in your home country.

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  • Can they just take u off a waiting list for section 8

    I have been on waiting list for section 8 since 2008 and updated my info everytime something changed on a website they told me to go to, now I am off the list can I fight this?

    F.’s Answer

    Sorry, this isn't an immigration question. I'll change the category.

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