Articles Posted in Adjustment of Status

In this episode, attorney Jacob J. Sapochnick, discusses one of our most frequently asked questions: What is the purpose of the affidavit of support Form I-864? Click below to hear more.

– Form I-864 must be filed by the Petitioner or sponsor of a family-based US green card petition

– The purpose of the Affidavit of support is to ensure the government that the immigrant is not inadmissible

– Financial obligations of a Petitioner or sponsor are lifted once the permanent resident reaches 40 social security quarters which equates to about 10 years of work- must have been earned lawfully- once the sponsored immigrant becomes a US Citizen, if the sponsored immigrant dies, or if they cease to have lawful status in the US and depart

For further questions please call our office.

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In this episode, attorney Jacob J. Sapochnick, discusses one of our most frequently asked questions: I am a green card holder, when can I apply for citizenship? Click below to hear more.

The answer to this question is very important.

If one is still married with the US citizen, one can apply for a citizenship after three years. However, if one is divorced to the US citizen, one can only apply after five years since the date of one’s green card.

But any other form – except being married to a US citizen – i.e. green card through employment, you must wait five years

For further questions please call our office.

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In this episode, attorney Jacob J. Sapochnick, discusses one of our most frequently asked questions: Can petty theft affect my application for a green card?

Important points to consider:

– Be truthful and disclose any crime on the I-485 application. Failure to do so could be a problem.

– In most cases in most jurisdictions it will not be a problem as long as it’s fully disclosed.

– If it’s one offence, and as long as all the fines and rehabilitation programs has been completed, there is actually an exception.

For additional questions pertaining to crimes that can make you inadmissible please call our office.

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In this series, Attorney Jacob J. Sapochnick, Esq. discusses the process of applying for permanent residence for individuals on a valid student visa.

Notes to keep in mind when applying for permanent residence:

– F visa holders must know that when they apply for a green card they may lose their chance of renewing their F1.

– The length of the green card process can take two or more years. This process will not allow you a right to stay in the US.

– Until you can get to the adjustment of status process, you won’t be allowed to work.

– It may take years to adjust your status especially for those from India and China.

– Always get advice from a qualified attorney before filing from an F1

For additional questions on how you can live and work in the United States please call our office for a legal consultation.

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In this episode attorney Jacob Sapochnick, Esq. answers one of our most frequently asked questions, what are the best ways to get a green card to live and work in the United States?

Here are the top 5 most common ways to obtain a green card:

– Family sponsorship. If it’s not an immediate relative you must wait in line with what is called as the priority date

– Green card lottery. If you win it, it’s free.

– Sponsorship by an employer

– Investing in the EB-5 program

– For asylum or refugees

For additional questions on how you can live and work in the United States please call our office for a legal consultation.

Remember to follow us on FacebookYoutubeTwitter, and Instagram. For more information please visit our website. 

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If you are considering a fake, or sham, marriage as a means of getting U.S. lawful permanent residence (a green card), you probably already know that what you are planning is illegal. In this episode attorney Jacob Sapochnick, Esq. explains the consequences of entering into a fake or sham marriage.

For questions and legal advice please call our office for a legal consultation.

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Interested in applying for your adjustment of status to permanent resident? Here are the top 5 frequently asked questions from viewers like you regarding this topic.

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In this video, we cover a successful I-601A Waiver case. For legal advice please visit us at www.h1b.biz

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In this post, Attorney Jacob Sapochnick Esq,  will address one of our most frequently asked questions for Same Sex Marriage and Green Cards: Is Proof of Real Marriage Required, Standard of Proof?

Statement from Secretary of Homeland Security Janet Napolitano on July 1, 2013:

“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”

What about immigration benefits other than for immediate relatives, family-preference immigrants, and fiancés or fiancées? In cases where the immigration laws condition the benefit on the existence of a “marriage” or on one’s status as a “spouse,” will same-sex marriages qualify as marriages for purposes of these benefits?

Yes. Under the U.S. immigration laws, eligibility for a wide range of benefits depends on the meanings of the terms “marriage” or “spouse.” Examples include (but are not limited to) an alien who seeks to qualify as a spouse accompanying or following to join a family-sponsored immigrant, an employment-based immigrant, certain subcategories of nonimmigrants, or an alien who has been granted refugee status or asylum. In all of these cases, a same-sex marriage will be treated exactly the same as an opposite-sex marriage.

For more information click here to go to our website. For legal advice please contact our office. Also remember to follow us on FacebookYoutubeTwitter, and Instagram 

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In this post, Attorney Jacob Sapochnick Esq,  will explain the process of immigrating a foreign spouse to the United States utilizing ShowMe drawing technology.

The first part of the process is to file the marriage petition I-130 with USCIS.

Once approved, the following steps take place after you have submitted all required forms and documents to the NVC: 

Step 1

If you are the beneficiary of an I-130 petition, you should contact your petitioner to ensure that they have completed Affidavit of Support Processing.

Step 2

Once the NVC has received your forms and documents, the NVC will review your immigrant visa application and may request additional information from you.

Step 3

Approximately one month before your visa interview appointment, you will receive an appointment letter containing the date and time of the interview, along with instructions for obtaining a medical examination.

For more information on filing an I-751 Waiver please contact our office. Remember to follow us on FacebookYoutubeTwitter, and Instagram 

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