Articles Posted in Adjustment of Status

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In this video attorney Jacob Sapochnick answers your most frequently asked questions regarding the visa bulletin.

Overview:

Family preference and employment immigrant categories are subject to numerical limitations and are divided by preference systems and priority dates on the Visa Bulletin. Applicants who fall under family preference or employment categories must wait in line until a visa becomes available to them in order to proceed with their immigrant visa applications. Once the immigrant’s priority date becomes current according to the Visa Bulletin, the applicant can proceed with their immigrant visa application.

What is a priority date?

A priority date is generally the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS.

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In this post, we would like to highlight one of our many client testimonials written by former client Drew Baldridge. At the law offices of Jacob Sapochnick, we offer the highest level of customer service from beginning to end. Our boutique legal practice makes our practice one of a kind. From our staff members to our attorneys, at the law offices of Jacob Sapochnick, we are constantly inspired by the stories of our clients, and work hard to make their dreams a reality.

For more information regarding the services we provide please visit our website.

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In this video, our client Laura from Mexico speaks about her unique experience working with the Law Offices of Jacob J. Sapochnick. Our law office specializes exclusively in immigration and nationality law. We work with a broad range of clientele including entrepreneurs, investors, business visitors, foreign workers, U.S. employers, asylees, students, athletes, performers, families seeking to immigrate their family members and much more. Throughout the years, we have established a proven track record of success and a high level of customer service that is unparalleled in the legal industry. Contact our office today to schedule your first time consultation.

For more information about the services we offer please visit our website.

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In this post, attorney Jacob Sapochnick discusses filing the I-751 removal of conditions application where the foreign national’s marriage to the US Citizen has ended in divorce.

Who must file?

If you have received a two-year conditional permanent resident card, based on your marriage to a United States citizen, you are required to remove the conditions on your green card before the expiration date, by filing the Form I-751 Application for Removal of Conditions. This petition is typically filed jointly with your spouse, but you may seek a “waiver” of the joint filing requirement if you are no longer married to the US Citizen spouse through which you obtained conditional permanent residence.

Waiver of the Joint Filing Requirement

If you are no longer married to the US Citizen spouse through which you gained conditional permanent resident status, the burden of proving that you entered the marriage in good faith is much higher. These types of applications are called ‘I-751 Waivers’ because you must request a waiver of the joint-filing requirement in your application. Immigration officers scrutinize I-751 waiver applications much more than applications that are filed jointly with your spouse.

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In this video, our client Raluca from Romania speaks about her unique experience working with the Law Offices of Jacob J. Sapochnick. Our law office specializes exclusively in immigration and nationality law. We work with a broad range of clientele including entrepreneurs, investors, business visitors, foreign workers, U.S. employers, asylees, students, athletes, performers, families seeking to immigrate their family members and much more. Throughout the years, we have established a proven track record of success and a high level of customer service that is unparalleled in the legal industry. Contact our office today to schedule your first time consultation.

For more information about the services we offer please visit our website.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram.

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We would like to wish you and your families happy holidays and all the best in the new year. What are your new years resolutions? We would love to hear them. Thank you for trusting our office to handle your immigration needs. If you would like to learn more about the services we offer please visit our website. To schedule a first time consultation, please contact our office.

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In this video, attorney Jacob Sapochnick sits down with Real Talk San Diego to discuss our diverse immigration practice. Our office specializes in all aspects of immigration and nationality law. We assist entrepreneurs and investors who wish to come to the United States to set up and start their businesses in this country, foreign spouses and fiances of US Citizens who wish to immigrate to the United States, as well as students, engineers, athletes, musicians, hospitality workers, nurses, and other foreign workers who wish to live and work in the United States for a temporary period of time. We also specialize in assisting foreign workers obtain permanent residency through their employers. But that’s not all. To discover all that we have to offer please visit our website. If you are interested in exploring your options please contact our office to schedule a first time consultation. Our attorneys and staff members are fluent in Spanish, Mandarin, Arabic, Hebrew, French and Russian.

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In this Facebook live stream, attorney Jacob Sapochnick discusses immigration under President Donald Trump, and pressing issues that have recently been the subject of much debate in the news, including the President’s desire to end the Diversity Immigrant Visa Program, a program that has come under fire after it came to light that the New York City terrorist Saifullo Saipov gained admission to the United States through this program. In addition, Jacob answers your immigration questions.

Overview:

The Diversity Immigrant Visa Program

The Diversity Immigrant Visa program is a program enacted by Congress, which allocates up to 50,000 immigrant visas per fiscal year to a special class of immigrants known as “diversity immigrants.” Each fiscal year diversity applicants register for the visa program electronically at no cost. Applicant entries are selected at random through a computerized “lottery” system to allocate the 50,000 available immigrant visas for the Diversity Immigrant Visa Program. Only diversity immigrants who are natives of countries with historically low rates of immigration to the United States qualify for the Diversity Immigrant Visa program.

The Diversity Immigrant Visa Program was established in the 1990s under President George Bush, Sr. for the purpose of making the flow of legal immigration to the United States more diverse. The program sought to give foreign nationals from select countries, the opportunity to gain admission to the United States, provided they were born in countries with historically low rates of immigration to the United States, to put them on a more equal footing with foreign nationals with historically high rates of immigration. In this way Congress hoped that the American demographic would become more diverse.

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In this segment Attorney Jacob J. Sapochnick Esq. discusses the stokes interview otherwise known as the infamous “fraud interview” for the green card application. A stokes interview may occur during the marriage based green card application process, and refers to an interview where the husband and wife are questioned separately, and their answers are compared by an immigration officer to determine whether the marriage was entered into in good faith. A stokes interview (also known as “marriage fraud interview”) is usually a second interview, after the first interview, when the husband and wife were interviewed together, raised some questions about the bona fides of their marriage.

The stokes interview is typically scheduled when couples do not provide enough evidence of bona fide marriage and cohabitation, when the testimony provided by the couple during the first interview contains discrepancies and/or is inconsistent, or the marriage is of short duration. Couples may also be scheduled for a stokes interview if USCIS is concerned about something that came up during the foreign spouse’s background screening process. In every case, the immigration officer is trying to determine whether the applicant’s marriage is bona fide or not. If the immigration officer is still not satisfied that the marriage is a bona fide one after the stokes interview, USCIS may send a field officer to the applicant’s house.

To learn more about the consequences of entering a “sham” marriage please click here.

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In this video, attorney Jacob Sapochnick checks in and answers your immigration questions from Bora Bora, French Polynesia.

Overview 

Tourist Travel Advisory: Expect CBP to be more strict when traveling through a U.S. port of entry. Always carry documents to prove what the nature of your trip is in the United States, in addition to your valid tourist visa and passport documents. Always be mindful that CBP has the discretionary power to decide whether or not to admit you to the United States. This also applies for individuals traveling to the United States on a work visa. Always err on the side of caution and be calm and respectful when speaking to CBP.

Changes to U.S. Immigration: Despite proposed changes to the immigration system, foreigners continue to be interested in traveling and immigrating to the United States. Immigrating to the United States is definitely going to become more difficult, although at this moment no legislation has been passed to overhaul the current immigration system.

Denial of removal of conditions application without an interview: Recently USCIS has been denying certain removal of conditions applications by mail without scheduling the conditional permanent resident for an interview. Typically USCIS will schedule the conditional permanent resident for an interview if there are any doubts about the validity of their marriage. If you are planning to file a removal of conditions application, always ensure that you provided enough proof of your good faith marriage. This is especially important for people filing for an I-751 waiver of the joint filing requirement. For more information about the I-751 application please click here. For information regarding I-751 waivers click here.

For more information about the services we provide please visit our website.

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