Skip to main content
Giacomo Jacques Behar
Avvo
Pro

Giacomo Behar’s Answers

48,525 total


  • Will I be able to re obtain my DACA permit if I divorce my husband who's a US Citizen, while I'm in process of my green card?

    This upcoming October will be 2 years since I've been married with my husband, we are awaiting for the interview with immigration for my green card. We have been having problems and it's been months since it's turned in to domestic violence, physi...

    Giacomo’s Answer

    Your being able to qualify for DACA is unrelated to your marriage or divorce. It will be all to your benefit to have a private consultation with an experienced immigration lawyer regarding VAWA relief and self-petition for 'green card".

    See question 
  • Applied for advance parole got the I-512L, is it safe?

    Entered the country illegaly when I was 11. Now I'm 25. Im a beneficiary of DACA. Renew my work permit 2nd time already. Got it when I was 23years old. Don't want to be stuck in mexico...what to expect at inspection? What do they inspect? I'm , ...

    Giacomo’s Answer

    It should be "safe" to travel outside the country on a DACA-based Advance Parole Travel Document, but one never knows how a CBP "inspector" at the border will react and interpret the latest BIA decision in this regard..

    See question 
  • Visiting Visa chances while my child lives in the US with my ex wife who is a US CITIZEN ?

    Hello, In the next months I'm planning on applying for a Visiting Visa to see my child (1 year old) and who resides currently with my ex wife who is a US citizen, my bank account fund movement is between 6000$-10000$ per month considering th...

    Giacomo’s Answer

    That will all depend on the quality of "substantial ties" to your country of domicile you will be able to demonstrate, namely, a well-paying job position; real estate ownership; etc., as well as your ability to convince the US consul of your intention to depart the USA upon the conclusion of your "temporary" visit in the US. The fact that you have a USC ex wife and a child living in the US may or may not count against you in "tipping the balance" one way or the other..

    See question 
  • Unpaid Maternity leave and extended loss of pay on L1 A visa

    Hi I am on L1 A visa. I am in the family way. Due to my health conditions and advice of my doctor, I had requested my company to grant me Leave of Absence (loss of pay leave) till my delivery due date in December after which I can take my FMLA le...

    Giacomo’s Answer

    I do not think so, but "maintenance of status" issues should be discussed with your employer's immigration attorney(s) and not on a general, public forum.

    See question 
  • Using SSN that is expired

    Hi, I got my social secuirty number because my dad got married with a US citizen. But the marriage didn't work out and they got divorced, which I am currently undocumented with a SNN. I currently work at Winn Dixie and trying to work at Walmart b...

    Giacomo’s Answer

    The mere fact that you possess a SSN does not entitle you to (legally) work, now that your CR has expired. Sorry.

    See question 
  • I got layoff first, then got green card. Is it an issue when I apply for citizenship? And about tax transcripts?

    Hi In 2010, the company sponsoring me to get green card via EB2 was sold and I got layoff. After a couple of months I got another job in the same working category and got my green card after a year (i.e. in 2011). Is there a problem in my case if...

    Giacomo’s Answer

    A lawyer should examine the history of your AC-21 "porting" in the aftermath of your sponsoring employer having been sold.

    It will be up to your local USCIS to decide which years' tax returns to request from you.

    See question 
  • Will I be asked for I-129S and I-797 at POE again if I come back from Vacation from India to USA.

    I am on L1 B Visa and I am planning to go on vacation to India for three weeks. I have submitted my I-129S and I-797 at POE during my visit on first time and the second copy was provided to my HR. Will I be asked for I-129S and I-797 at POE again ...

    Giacomo’s Answer

    These are questions to be posed to your company's immigration counsel prior to any such planned "vacation"..

    See question 
  • My asylum application in progress I did't get EAD yet. I spend 6 years on H1b. Can I apply another H1b?

    I can't go to my home country because of political issues. I applied for Asylum and will receive receipt soon. Since I can't go to my country can I apply another h1b without going to my home county?

    Giacomo’s Answer

    Depends if you were still in valid H-1B status when applied for asylum AND also on whether you meet the requirements for a 7th year H-1B extension, the most classical, basic of which is to have an employer who filed an application for labor certification at least 365 days prior to your H-1B's expiration, and to have it still "pending"..

    See question 
  • Can I join some other company if my current employer visa transfer got denied?

    I got my visa stamped with Company A in Dec 2014 while I was working in my country. Then I joined Company B there and they file my visa transfer in regular processing. I got receipt number in May 2015 through Company B and travel to USA in August...

    Giacomo’s Answer

    You want to tell us "Company B"'s immigration attorney(s) were not available to respond to your questions?

    1. No, you are not allowed to continue working after a denial. You have to depart the USA ASAP.

    2. Another company can petition you. You can only "join" their employ, however, once their petition on your behalf has been approved. Not until and not unless. You will then need to reenter the USA on your still valid H-1B "visa stamp" issued in the name of a previous "employer" (that doesn't matter..)

    3. See my answer 2 above.

    See question 
  • Will my Filipina girlfriend get in trouble if she ran away from her employer to live with me here in the States?

    My Filipino girlfriend is here in the United States on a Visa which she came over with her employer and now since she's here wants to Runaway and live with me to get married. Will there be any kind of consequences? will she get arrested? or deport...

    Giacomo’s Answer

    Not if you are a US citizen, willing to marry her and sponsor her for a "green card", assuming she was lawfully admitted into the country, with a visa and passport. Then you have nothing to worry about. Get a lawyer.

    See question