Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a frequently asked question: can someone who is in the process of getting divorced overseas re-marry in the United States before that divorce is final?
Overview:
In many foreign countries the process of getting divorced is a very long and tedious process with many divorces taking many years to come to a final conclusion.
Many clients are left wondering whether they can lawfully re-marry in the United States while their divorce process is pending overseas, so that they can move on with their lives and apply for adjustment of status based on their marriage in the United States.
Unfortunately, you may not lawfully re-marry in the United States until all prior marriages have been terminated. A prior marriage is terminated when divorce proceedings come to a conclusion. A prior marriage is terminated by a government order or decree of dissolution of marriage issued by the appropriate authority in the country where your divorce proceedings took place. If you have not received a final order or decree of dissolution from such an authority, your prior marriage has not been terminated.
Filing a petition for adjustment of status while you remain married to someone else, even in a foreign country, carries with it very serious legal consequences.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the public charge rule and who is affected.
Overview:
Several categories of people are affected by the public charge rule:
The first category of people primarily affected by the public charge rule are applicants filing for adjustment of status on Form I-485 Application to Register Permanent Residence or Adjust Status.
The second category of people affected by the rule are foreign nationals applying for an immigrant visa at a U.S. Embassy abroad.
Also affected are nonimmigrants applying for a change of status in the United States.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we answer one of your frequently asked questions: can I work while my green card application (Form I-485) is pending with USCIS?
Once the application has been processed you will receive your work permit also known as “employment authorization document” (EAD). You may obtain a social security number, driver’s license, and obtain lawful employment in the United States once you have your employment authorization document.
Please note that an EAD is not the same as a green card. The EAD simply allows you to work temporarily while your green card application is processing. EADs are typically issued for a one-year period of time and may be renewed if your application remains pending with USCIS past the expiration date.
Form I-765 is typically filed at the same time and in the same package as the green card application. However, if you did not file it at the same time as your green card application, you may file it separately so long as your green card application remains pending with USCIS.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the Supreme Court’s recent ruling which will allow the public charge rule to go forward and be implemented by the government.
Overview:
On January 27, 2020, in a 5-4 decision, the Supreme Court of the United States ruled in favor of the Trump administration allowing the government to implement the final rule “Inadmissibility on Public Charge Grounds” nationwide except for in the State of Illinois, where litigation remains pending.
Following the Court’s decision, the United States Citizenship and Immigration Services (USCIS) published a news release on its website notifying the public that the agency will begin implementing the final rule on February 24, 2020 to applications and petitions postmarked (or submitted electronically) on or after February 24, 2020 (except for in the State of Illinois). For applications or petitions sent by a commercial courier (UPS/FedEx/ or DHL), the postmark date will be the date reflected on the courier receipt.
According to the press release, “The Final Rule prohibits DHS from considering an alien’s application for, certification or approval to receive, or receipt of certain non-cash public benefits before Oct. 15, 2019, when deciding whether the alien is likely at any time to become a public charge. In light of the duration of the recently-lifted nationwide injunctions and to promote clarity and fairness to the public, DHS will now treat this prohibition as applying to such public benefits received before Feb. 24, 2020.
Similarly, the Final Rule prohibits DHS from considering the receipt of public benefits by applicants for extension of stay and change of status before Oct. 15, 2019 when determining whether the public benefits condition applies, and DHS will now treat this prohibition as applying to public benefits received on or after Feb. 24, 2020.” Continue reading
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the new H-1B online registration system and everything you need to know if you are applying for an H-1B cap petition in fiscal year 2021.
Overview:
What’s new?
As our blog followers will know, the United States Citizenship and Immigration Services has drastically changed the filing procedure for submitting H-1B cap subject petitions.
Beginning March 1, 2020, before a petitioner can file an H-1B cap-subject petition on behalf of an alien worker, including petitions eligible for the advanced degree exemption, the petitioner must first electronically register with USCIS on the USCIS website.
This electronic registration requirement is absolutely mandatory.
Only petitioners with a valid registration selection will be eligible to file an H-1B petition with USCIS.
The initial registration period for H-1B FY 2021 will open on March 1, 2020 and is expected to close on March 20, 2020. The actual end date will be provided by USCIS very soon on its website. Petitioners must pay a $10 H-1B registration fee per submission. Duplicate registrations are prohibited.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses an important topic. Recently Iranian Americans with dual citizenship have been questioned by Customs and Border Protection upon re-entering the United States. Our clients have been asking: can the government do this?
Stay tuned to find out more.
Overview:Â
As our readers may be aware tensions between the United States and Iran have been at an all-time high following the killing of Qasem Soleimani, an Iranian military commander by a United States airstrike.
Since Soleimani’s killing, the Iranian government and supreme leader have vowed to retaliate against the United States.
The United States Department of State has issued a level four travel advisory notice for Iran, alerting United States Citizens of the dangers they may face in traveling to Iran including kidnapping, arbitrary arrest, and detention. The DOS has also advised United States citizens against traveling because the United States government does not have any diplomatic or consular relations with the government of Iran and cannot provide emergency assistance to U.S. Citizens in Iran.
The DOS has also made clear on its website that Iranians with U.S./Iranian nationality are not immune to these dangers and are advised against traveling.
CBP’s Right to Question
Having said that, generally Customs and Border Protection has the right to question any individual seeking admission to the United States about any matter that they consider relevant in determining an individual’s admissibility to the country.
Given the current circumstances and political climate, it is expected for Customs and Border Protection to question Iranian American dual citizens at the port of entry, about things like their social media, what they were doing in Iran, their feelings about the political situation in Iran, who they know in Iran, and other such questions.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we discuss a little-known law called LIFE Act 245(i) which allows certain undocumented immigrants to apply for permanent residence.
Want to learn more? Keep on watching.
Overview:
What is 245(i)?
Section 245(i) is a provision of the Legal Immigration Family Equity Act (LIFE) which allows certain persons, who entered the United States without inspection (unlawfully), or otherwise violated their status, to apply for adjustment of status in the United States, if they pay a $1,000 penalty.
To be eligible, the applicant must have an immigrant visa immediately available. Immigrant visas are immediately available for spouses of U.S. Citizens, unmarried children under 21 years of age of a U.S. Citizen, and parents of U.S. Citizens (if the U.S. Citizen is 21 years of age or older).
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we discuss a frequently asked question: can you travel with a pending I-485 Adjustment of Status application?
Overview:
Generally, anytime a person has a pending application with USCIS like a visa extension or change of status petition, that person cannot depart the United States until that petition is approved.
In this video however we will focus specifically on applicants who have a pending I-485 adjustment of status application based on family or employment sponsorship.
Employment-Based ApplicantsÂ
With regard to employment-based adjustment of status applicants, this category of applicants is typically present in the United states on a valid non-immigrant visa classification such as H1B, L1, etc. and are simply waiting for their I-485 green card petition to be adjudicated.
With respect to H1B and L1 visa holders ONLY, these individuals can depart the United States on their H1B or L1 visa classification and return, despite having a pending I-485 application.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we will give you our top 10 tips on how to successfully obtain an F-1 student visa or J-1 Trainee visa.
Overview:Â
There are generally two ways to apply for a U.S. Visa. If you are residing lawfully in the United States on a nonimmigrant visa classification (such as a tourist visa) you may apply for a change of status by filing Form I-539 Application to Change Nonimmigrant Status with USCIS. If you are residing abroad however you must apply for your visa at a U.S. Consulate near you.
Regardless of your application method, there are several important tips that can help you successfully obtain your F-1 or J-1 visa.
Proof of Strong Ties to your home country
One of the most important aspects of the application is providing documentary evidence that your stay in the United States will only be of a temporary nature and that you will depart the United States at the end of your student visa or trainee program. To show that you intend to remain in the United States only temporarily, you must provide proof that you have obligations/ties to your home country that require your eventual return.
What types of evidence can be provided to fulfill this requirement?
There are a variety of different types of evidence that can be provided to show strong proof of ties home. The most common types of evidence include proof of residence abroad, proof of employment abroad or a future job offer that will require you to return to your home country, enrollment in an academic program to be attended in the future, military obligations abroad, property ownership abroad, business operations or business ownership abroad, evidence of familial obligations, etc.
Financial Ability
All non-immigrant visa applicants must show that they have the financial ability to support their stay during the duration of their student or trainee program. This can be shown by providing your most recent bank account statements to prove that you have sufficient capital to support your stay.
Alternatively, applicants may provide proof of sponsorship. For purposes of sponsorship, the applicant must have a friend or relative who meets the income requirements sign Form I-134 Affidavit of Support. The sponsor must sign a statement that they will be financially responsible for the applicant’s expenses throughout the duration of their stay in the U.S., and the sponsor must also provide supporting financial documentation showing their ability to sponsor the applicant.
Knowledge of the English Language
In order to obtain a F-1 or J-1 visa, you must demonstrate at your consular interview that you have at least a basic command of the English language to be able to effectively participate in your student visa or trainee visa program.
Please note: You will need to be able to speak for yourself at the time of your interview. You will not be allowed to bring a parent, relative, or anyone else to speak for you at your interview.
Explain how your program of study will relate to your future career in your home country
At the time of your interview you must be prepared to explain to the consular officer how your chosen program of study or training relates to your future career in your home country. For example, if you have chosen to study hospitality management in the United States, you may wish to explain to the officer that you plan to work in the hospitality industry in your home country, and your US degree in hospitality management will help you be an attractive candidate for employers in your home country.
This will increase your chances of success at the time of your interview.
Be clear and concise
Remember that you only have a limited amount of time to speak to the consular officer and show that you qualify for the visa. All of your answers to the officer must be clear and concise. Answer exactly what the officer is asking, nothing less nothing more.
Supplementary documents
Do not bring voluminous documents to your interview. Be organized and bring only documents that are necessary for your interview.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we discuss an important topic relating to family-based immigration: how can I immigrate my parent to the United States?
How do you immigrate a parent to the United States?
You must be a United States citizen (over 21 years of age) to immigrate your parent to the United States. The process of immigrating your parent to the United States depends on where your parent is residing at the time of filing.
Adjustment of Status
The most common scenario is where your parent has entered the United States on a non-immigrant visa for a non-immigrant purpose (such as visiting the United States) and several months later a decision is made to adjust the parent’s status to permanent residence. In this scenario, the appropriate process to immigrate the parent to the United States is through a process known as adjustment of status to permanent residence.
During this process, the United States citizen child will file a petition with USCIS called Form I-130 to immigrate their parent to the United States as well as Form I-864 Affidavit of Support. The United States citizen child must sign Form I-864 Affidavit of Support to prove they have the financial ability to provide for their parent until the parent becomes a US citizen. If the United States citizen child cannot prove financial ability, a joint sponsor will be needed who can prove their financial ability. At the same time, the parent will file Form I-485 with USCIS to change their status to that of permanent residence. In addition, the parent may choose to apply for employment authorization and a travel permit by filing Forms I-765 and I-131, in order to work and travel internationally while the green card application is in process.
Once these petitions are filed with USCIS, the parent can wait in the United States until the green card process is completed. The process is considered complete once the parent is approved following the green card interview.
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