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F. J. Capriotti III

F. Capriotti’s Answers

36,932 total


  • Do you think my wife on working visa might have any problems entering back to the US with $1000 of outstanding medical bill ?

    Hello, My wife’s green card case is currently pending. She just received her work authorization and travel document. The problem is that she has $1000 of outstanding medical bill after delivering a baby, which was sent to the collections agenc...

    F.’s Answer

    I need to ask 'straight up' .... how can you spend more than $1,000 going on a vacation and not pay your child's medical bill?

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  • I-130 petition for parents approved - what now?

    My wife filed i-130 for her parents and her petition has been approved (I-797 notice). We are both US citizens and entered US legally some 10-20 years ago. 1) What do we need to do now? What to expect, how long would it take? 2) My wife...

    F.’s Answer

    I agree with my colleague who said: "You wait, wait and wait again."

    To which, I must add ... exercise patience ... there is no way you can rush things.

    1. Wait 2-6 months for the NVC to contact you
    2. Both of you must sign I-864 and I-864A forms ...using the 'family' income
    3. None is required
    4. Lots, and lots ... and lots more ... the list is too long for this blog.

    Now would be a good time to have a Skype consultation with an attorney so that you can get organized before the NVC contacts you.

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  • Part time H1

    So, I & my wife both have h1b. I have a fulltime H1b while my wife has part time H1 (20hrs/week @25/hr). Due to some reason, I am planning to change my status to H4 for 1year. My question is- can you be H4 depending on spouse who is working ...

    F.’s Answer

    More info is needed.

    If she is the only 'breadwinner' her pay calculates out to roughly $25,000 per year ... close to the 'bottom' of what is considered poverty level ... CIS may not like that.

    Here's a poverty chart: https://www.uscis.gov/i-864p

    I suggest talking to an immigration lawyer in a Skype consultation.

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  • How does my boyfriend become a U.S. citizen?

    My boyfriend was born in Belize but was brought into America by his parents when he was six years old (he is 29 now, so that was 23 years and some months ago). He grew up in New York, attended school, graduated from high school, has attended commu...

    F.’s Answer

    More information on how he last entered the US (passport? visa?) is needed.

    Hasn't he filed for DACA? He appears eligible.

    First make him legal, with the help of a lawyer ... then, perhaps, many years from now he can file for US citizenship.

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  • Is it possible to expedite deferred status due to high risk pregnancy?

    I am currently on the LONG wait list for my U Visa application to be reviewed (applied in and still living in U.S.). Since applying over a year ago, the "Processing Case As Of" date hasn't changed since I applied and is still back dated over 2 yea...

    F.’s Answer

    You can always ask ... that's the most that can be done.

    Doesn't CA provide healthcare options for people that are undocumented?

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  • How long do I need to wait after RFE filing? It has been 4 months already after RFE.

    Hi I filed I-130 and 485 on December last year and got RFE for I864 and filed my RFE on April. But I didn't get any decision yet. I did E-request 1 month ago but still no answer. What should I do?

    F.’s Answer

    Don't waste time on e-requests. It is still early .. normally there is an interview about 6-9 months after you send in the RFE ... thus, you're being a little bit too 'eager' at this point.

    Exercise patience .. this is a long, and slow process.

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  • Does it make a difference if i provide my SOC on my application for expungement eligibility for the FDLE?

    The form says providing your SOC Is voluntarily but not providing it would delay the processing time of the application

    F.’s Answer

    Do not file for expungment if you are not a US citizen .. it will create problems.

    Talk to an immigration lawyer before doing this.

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  • May I know if rescheduling her appointment will cause her to lose her chance of getting her DV lottery visa?

    My friend received an interview notice for her DV lottery visa.

    F.’s Answer

    Why would she want to delay?

    The visa must be issued and she must move to the US before midnight on September 30th ... this is not a good time to ask to rescheduling.

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  • I am a international student shoplifting how is this affect my visa, study situation. Am I going to be deported?

    I'm a international studentand I'm 16 years old. i got catch in the mall with my aunt for shoplifting stuffs ( total 350$ ) but they say I could go home because I'm under 18 and my aunt went to the bail but she's bailed 5 hours later on the same ...

    F.’s Answer

    Get a criminal defense lawyer that knows immigration law ... do NOT use a free, court-appointed lawyer.

    PS You didn't tell us what type of international student you are, F, J, M?

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  • As I can go to the United States , work, study and live there ?

    I'm from Chile and I want to study at Brigham Young University . But since I'm a student, I have the intention to work to pay rent and my studies.

    F.’s Answer

    Sorry, you will not be successful with this plan.

    Save enough money to pay for the entire 1st year of school/food/rent ... after that your foreign student adviser may be able to help you get a part-time work permit.

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