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Giacomo Jacques Behar
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Giacomo Behar’s Answers

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  • How much longer should I wait for a decision on my pending Asylum case with San Francisco, CA office?

    Here is my timeline: 1. Application filed on: Aug 26, 2013 2. Interview: October 10, 2013 3. First fingerprint: September 4, 2013 4. First EAD: July 18, 2014 5. 2nd Fingerprint: July 31, 2015 6. 2nd EAD: July 26, 2016 USCIS response: My...

    Giacomo’s Answer

    The background security checks co8uld take from 2 to 5 years, especially if you are from one of the "designated countries" that are on the terrorist watch list.

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  • Will the process of getting an interview be faster if you have an address on the west bay compared to the east bay of norcal ?

    i am an asylum applicant (pending) and i will move to north california from south california (the worst queue) for a job offer. "somebody" actually a pastor (he meets a lot of religious asylees) informs me that having an address in any city on the...

    Giacomo’s Answer

    Never heard of such nonsense - reminds me of the "alternative cancer healers" who (falsely) promise a cure for cancer, when in fact there is none.

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  • What 1-130 visa

    If I file for him with 1-130 would him have green card on arrival

    Giacomo’s Answer

    No. The I-130 petition is only the "first step" on the long road to "green card". The I-130 is not a "visa" and nor does it having been filed, without more, entitle anyone to come in, live and work in the USA..

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  • Do I have to submit photocopy or original DS-3025 with adjustment of status application?

    Hi, I am on k1 visa and plan to send my AOS application soon. I already got all my vaccinations for k1 visa before I came to US and they are done within a year time period. The physician back home gave me applicant copy of the vaccination suppleme...

    Giacomo’s Answer

    Submit the photocopy only. You will need to produce the original at the upcoming interview.

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  • Can my mother visit the US on Visitor Visa after I-130 has been applied and in process.

    I want to apply the I-130 for my mom, right now outside of US. She has US visit visa. She needs to come in December to US. can she come on visit visa if by that time the i-130 is not approved.

    Giacomo’s Answer

    Yes, she can come back and attempt to be readmitted on her still valid B-2 visitor's visa. Had many clients in this situation, and none of them was given even a mention of the pending I-130.. (But they mostly landed at Los Angeles International or San Diego..)

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  • Will moving to from a city served by an asylum office with long waiting times to another city with shorter waiting times faster?

    will the waiting time for an asylum interview be faster if my case is moved to an asylum office with a shorter waiting times or i will have to wait the same amount of current waiting times for where i have initially filed my case ? is it kind of a...

    Giacomo’s Answer

    Not necessarily, for you could very well be placed at the "end of the queue" in the waiting list of the new asylum office..

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  • Can I close my asylum case and get a green card through my employment?

    I came to US as a student. Applied for asylum in 2011 but went to the court. So far its in the court with prosecutorial discretion. I am in college right now. Almost done with my Bachelor's degree in Computer Science. Will I be able to obtain a gr...

    Giacomo’s Answer

    You will not be able to. To be able to "adjust status" (apply for "green card") in the USA, one must prove to be in valid non-immigrant status at the time. You unfortunately ceased being in any valid status some 5 years ago..

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  • Is the asylum schedule bulletin timing accurate ?

    If i move my case or address from LA to san francisco will i get an interview sooner ?

    Giacomo’s Answer

    No, not necessarily. You may be placed at the end of the "queue".

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  • Abuse spouse petition

    How long abuse spouse petition takes as of today? If any body filed for abused what is the real time frame?

    Giacomo’s Answer

    The VAWA unit at the USCIS Vermont Service Center is currently adjudicating I-360 self-petitions within 6 to 9 months, tops.

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  • Can I apply for a waiver for the 10 year bar?

    I lived in the US for 10 years as an overstay. I have 3 minor citizen children, and no other citizen or resident family member. I left the US, and when I went to the consulate in Brazil to get a visa, I was denied and given a 10 year bar. Can I ap...

    Giacomo’s Answer

    To be able to apply for I-601 Inadmissibility Waiver, you need to have the right "anchor relative" to whom to prove that your continued "inadmissibility" (for 10 years or more realistically, for life), constitutes "extreme hardship".. The right kind relatives for such "hardship" are US citizen or "green card" holder spouse or parent, but NOT "children".

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