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F. J. Capriotti III

F. Capriotti’s Answers

35,841 total

  • Is there any solution for my brother to get green card too?

    I am a US Citizen , and I am applying for my parents to get their green cards. I have a younger brother, who has turned 21 in April 2016 (2 months ago). By the way, my brother studies in Germany, and my parents are in Iran.

    F.’s Answer

    I agree with my colleague .. sponsor your parents and then, after they get their greencards, have them sponsor your brother.

    The will probably be processed in Turkey.

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  • Is there any way to undo this and make sure it will not effect my h1 or future visa applications ?

    I am currently on F1 Visa and i worked for uber for the past 3 weeks in excitement, on doing research i found out recently that i am legally not allowed to work . I need help to get out of this situation. I am from India and i have done my Master ...

    F.’s Answer

    The only way to 'undo' this is to leave the US go home, get a new visa (be it F or H as appropriate) and return.

    Then your record will be 'clean' as regards future change/adjustment.

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  • What is a proper procedure of asking for support under form I-864?

    As far as I understand the purpose of this form, it is to make sure that an immigrant doesn't ask for benefits like welfare, or at least so that the government doesn't have to pay. So is there a proper way to ask for those benefits? Does an immigr...

    F.’s Answer

    You can't apply for any benefits from the government?

    Sure, you can out-of-the blue ask your sponsor to 'make good' on their offer to support you.

    Suing them is another issue.

    Why would you e-mail your sponsor ... don't you two talk?

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  • Illegal immigrant traveling out of state even petition still ongoing

    I am an illegal immigrant leaving here in US, my parents just filed to petition me and it still ongoing. It is safe to travel out of the state even though my attorney said it is ok in case I encounter immigration officer?

    F.’s Answer

    It is never 'safe' until you have a greencard.

    With that said ... what kind of papers did your parents file? Do you have any receipts, etc?

    These are key facts ... which you haven't told us.

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  • Am I required to submit inadmissibility waiver with USCIS for my VAWA petition if I was arrested in the past but not charged?

    I was arrested before for DV but the DA never filed charges with the court. Now I'm filing a VAWA petition with USCIS. Am I required to submit a waiver because of the arrest? or do I not need to do that since no charges were filed?

    F.’s Answer

    I agree with Mr. Smith ... you must disclose and provide certified copies of the court/police records, but probably won't need a waiver.

    Do NOT file the VAWA without an attorney on your side ... it isn't as easy as you may think.

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  • Can a spouse be awarded spousal support if at some point during marriage he/she signed I-864 for the immigrant spouse?

    I signed I-864 when applying for my ex's green card. Now we are divorcing. He was the income earner in the family. Under CA law I am eligible for spousal support. How does the fact that I signed that form affect it? Can I be awarded spousal support?

    F.’s Answer

    This is not an immigration question ... talk to the lawyer handling your divorce.

    Do NOT try to do your divorce papers w/o an attorney.

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  • Hi I'm a father of three USC. My oldest will be 21 next month. Is it safe for her to file I-130 for me with my condition?

    The problem is I had flee a final deportation order 6 years ago. Both of me and my wife filed an asylum in 2001 and denied. But my wife got her administrative closure in 2013. So her case would be straight forward. What is my remedy if any? Should...

    F.’s Answer

    It is clearly time for you to hire an immigration attorney.

    PS Your wife's case will NOT be 'straight forward' ... have her talk to an attorney before the I-130/495 is filed.

    Yes, individual people must file individual applications ... using individual envelopes.

    Without more facts, I don't see how your wife becoming an LPR will help ... you are the immediate relative parent of a US citizen, that is more valuable than being the spouse of an LPR.

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  • Would I be able to get a job with cuny, after my 10yr green card has been expired

    I filed i-90 to renew my green card and i have an interview with the city for a new job soon. I also have an appointment for my finger printing 8/8/16

    F.’s Answer

    You can not start work without a new greencard, or a stamp on your passport.

    Normally when you go in for your biometrics they will extend the card ... make sure you ask them to do that.

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  • I left usa on the end of sep2014 and didn't pay for's available from 15august2014 to 15august2016,could i come back?

    I am from Ukraine. I got visa from august 2014 to august 2014. I got f1 (student) visa. but I was paiting pictures on the time squere in new york city. police gave me 2 tickets first - for illegal work without permission second - for paitin...

    F.’s Answer

    !. The F-1 visa is no good without a valid I-20 and SEVIS.

    Unless those are current/valid ... NO you can not use the visa to enter the US.

    As for the tickets, you should contact a NY attorney to see if a warrant was issued for your arrest.

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  • When my EAD renewal is processing, can i go out of country and come BEFORE my EAD expires??

    My EAD is going to expire in 3/4/2017, i'm planning to go out of country for 4 weeks between December - January , planning to return in 3rd week of January ( by that i still have valid EAD). I'm planning to apply for EAD renewal in 11/2016 (120 da...

    F.’s Answer


    You need an Advance Parole. Do you have one?

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