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F. J. Capriotti III

F. Capriotti’s Answers

35,882 total


  • Does USCIS updates case status when they mail H1-B approval copy?

    My h1B has been approved and my current status states that decision was emailed. I am wondering if they will update the status when my approval copy is mailed? If not, how soon after approval is it mailed under premium processing?

    F.’s Answer

    Yes, they update ... SLOWLY.

    Also, keep in mind that the H is not 'yours' it is the property of the company.

    Talk to the company lawyer that processed the papers.

    See question 
  • Conversion of H4 Visa to B2 Visa

    My Wife is on H4 Visa and is expected to deliver the baby in USA next month. At the same time, my project will wrap up and I might be expected to go back to India next month. The company will officially transfer me to India regardless of the situa...

    F.’s Answer

    I don't see any B-1 eligibility ... maybe B-2 .. for 6 months ... don't try to push things by having her stay too long.

    When is she due? Can she travel now? If so, don't place too much value on having the baby born in the US .. go home with your wife.

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  • Do i need to chang my religious married status?

    Iam iraqi women ,I have an I-589 application(asylum) pending with the USCIS, I filed when I was single and now I do religious married ,Do I need to update my status with them NOW?

    F.’s Answer

    Was your religious marriage 'registered' with the proper civil authorities? If not, then you're not married in the eyes of US immigration law ... which means that your spouse can not get any asylum benefits with you.

    Talk to an attorney, you should not be proceeding on your asylum claim without an attorney ... there are many non-profit agencies ... so money can not be your reason for avoiding an attorney.

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  • What are the connotations of a False Police report on my future Visa Applications ?

    Hey, I'm married to a US citizen and recently we decided to get divorce, for now I'm back home and that was the case for over a year now, my wife changed so much and now she threatens of taking my child away and also filing a false police rep...

    F.’s Answer

    Your question about the validity, etc. of the police report isn't an immigration one.

    No, this report shouldn't impact on visa applications, unless you're convicted.

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  • How to request fingerprint appointment from USCIS?

    I had my master calendar hearing before the immigration judge last December. He scheduled my individual hearing for November this year and told me, that I have to request an appointment to have my fingerprints taken again 60 days before the hearin...

    F.’s Answer

    Your lawyer can get a notice form from the ICE attorney ... this is his job ... not yours.

    The procedure hasn't really 'changed' ... they just 'expire' and need to be re-done more frequently.

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  • Who has jurisdiction over I-485 application when a NTA was issued but not filed with immigration court?

    IF a NTA was issued but not filed with immigration court, who has jurisdiction over an adjustment of status application ( I-485)? USCIS or Immigration Court?

    F.’s Answer

    This feels like a repeat of a recently posted question ... with a minor variation.

    File a FOIA with all DHS agencies ... AND with EOIR before proceeding on the I-485.

    Make sure you have an attorney review all papers before filing ... this is more complex than you think.

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  • I just married a US citizen. I am on a tourist visa. What next?

    My husband and I met a year ago. I am from Honduras, he visited me in Honduras many times and I traveled here too . I arrieved here in april, and got married in June. Now he wants to apply for my greencard before I lose my status. Will I have any ...

    F.’s Answer

    Did you 'intend' to get married when you entered in April?

    Most problems can be resolved by an attorney ... don't try to do this without at-least having a Skype consultation with an attorney.

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  • A person with a prior NTA or removal order answer...

    In part 3, section C., Question# 8 of I-485 application for change of status, it asks: Have you EVER been deported from the United States, or removed from the Unite States at government expense, excluded within the past year, or are you now in exc...

    F.’s Answer

    This can only be properly answered by getting more information from you than you have disclosed in your question.

    There could be an NTA 'floating' around that could be 'activated'

    Talk to an attorney in private via Skype.

    PS The I-485 is for an 'adjustment' and not a 'change' of status ... there is a big difference.

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  • Do I need a new TN stamp when coming back to US if Visa is valid but I-129 is already approved?

    As a Mexican citizen, given that 1) TN Visa is still valid 2) I-129 extension petition approved Can I travel abroad and come back with the same TN Visa which is still valid? Or would I need a new stamp?

    F.’s Answer

    No, you can travel on that old stamp ... up to the date it expires.

    BUT, be aware of the fact that they may give you a new I-94 which won't be valid for as long as the new I-129 approval.

    Where is your lawyer? Please don't tell us you're doing this without a lawyer ... as you can see, it isn't as simple as you may think.

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  • Is having attorney present during Naturalization interview gets negative attention to my case from Immigration officer.

    Reason I want to hire attorney: I divorced my wife after being marred to her 2,5 years ( got my GC because I marred her after she won DV lottorey). We have 2 kids together,both born in US and we gave our kids her last name to make international tr...

    F.’s Answer

    1. File the AR-11 ON PAPER .. now

    2. Yes, having an attorney can help.

    No, having an attorney won't give the case negative attention. If anything, the officer will probably be more 'nice' to you.

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