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F. J. Capriotti III

F. Capriotti’s Answers

36,956 total


  • Can you marry on Visitor's VISA?

    To respected lawyers, I need your guidance. I am a legal permanent resident of the USA since last 3 years. I got engaged 8 months ago and my fiance is currently staying in India. She is planning to visit the USA in October (if she gets the vis...

    F.’s Answer

    1. Yes, you can get married, Yes, you can file and I-130 .... .NO, she can't stay in the US merely because you filed a petition.

    2. She will be denied if she is married,or even the fiancee of a person with a greencard ... the government is 'smart' and doesn't want to help her 'get around' the slow, normal process we have.
    3. Maybe.

    Why not have a Skype consultation with an attorney to gain information which will aid you in making a good decision.

    See question 
  • Can a person apply for I-130 and I-485 after received final removal for a bank fraud 20 years ago?

    My cousin committed a crime, bank fraud 20 years ago (he was placed on probation for 3 years. He received a Warrant of Removal/Deportation in 2003. He has not been committed any other crimes. He divorced and has a citizen daughter and mother. Fo...

    F.’s Answer

    You forgot to tell us what country he is from.

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  • Can I change my university when my COS is in process?

    I've submitted COS from L1B visa to F1 visa as I've taken admission to MS in university 'A'. I've not yet received the approval notice from USCIS for F1 visa. Is there any way I can change my university 'A' to university 'B' for doing MS while...

    F.’s Answer

    Yes, there is a way. But, you may not like it.

    1. Write CIS (certified mail) withdrawing your COS
    2. Fly home, apply for an F-1 based on B's I-20
    3. Return in time for class.

    As for transferring credits ... that is not an immigration question ... talk to the people in B's registrar's office.

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  • Why my initial EAD I-765 application (based on pending asylum) is taking more than 150 days?

    I have a pending asylum application and in the end of March I filed a case for Employment Authorization. My case has been transferred more than 5 times (CA - VA - TX - NE). When I call the service center, they say that it's just to optimize the ...

    F.’s Answer

    There are law suits currently being prepared as a result of CIS delays with issuing EADS ... you're not the only one who is experiencing this great inconvenience.

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  • "is this child immigrating to the US at a later date to join to you."ds 260 form

    this ds 260 form for my parents , i already filled application i-130 blood relation for my sisters, in processing, they are living other country so what is right answer yes or no thankyou

    F.’s Answer

    It would be best if you had an attorney assist with preparing all of this, or at least had a Skype consultation with one.

    From what little you have said, your sister appears to be their daughter and not their child ... assuming that she is over 21 years of age.

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  • Hi...I am a H4 Visa holder. Can I work for non-profit organisations in USA?

    Can H4 visa holder work for non-profit organisations? Please clarify. Thanks

    F.’s Answer

    Work? No

    Volunteer? Yes, if they have an established volunteer program and you aren't given any different treatment than other volunteers.

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  • What job my O-1 Visa covers?

    Hello, I'm applying for an O-1B Visa and through all my application I only have theatre achievements but an agent in commercials, tv shows, student movies etc... Is there a problem with that? I would definitely say no because both are acting job b...

    F.’s Answer

    Please don't tell us that you're trying to figure out how to do a very complex O application without an attorney.

    Please, consult with an attorney in private via Skype, even if it is only for an initial consultation.

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  • Changed from an ESTA to a F1 in the space of a day, is 17 days too soon to re-enter the US? VERY UNSUAL CIRCUMASTANCES!

    This is a pretty complex & strange scenario. I am a female turning 22 & from the UK. Basically my father has been a perm US resident for 14 years & married to a citizen for 15. I dropped out of university 2 years ago. My Dad mentioned the possi...

    F.’s Answer

    You should be fine. Especially if you don't plan to leave the US for at-least 9-12 months.

    Why that long, or longer? Because your step-mother can sponsor you for a greencard and you won't need to pay the higher tuition that the CC is charging you as a foreign student.

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  • How much time can a US permanent resident stay outside of the US?

    For example if i want to work in germany, for how much time can i stay outside of the US without problems?

    F.’s Answer

    Anything longer than 180 days per trip can cause issues ... even with a re-entry permit.

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  • I have a concurrent H-1B visa which is valid until 2018. Are there any travel restrictions?

    I am planning on flying to Puerto Rico. Although technically this is considered a domestic flight, without passing through customs, would there be any risk on my part? And what documents would I need with me if I do travel?

    F.’s Answer

    I agree with my colleague ... do both employers know about each other?

    Are there two attorneys involved?

    Have you talked to on, or both, of these attorneys?

    If so, what did they say?

    If not, why not?

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