Articles Posted in AskMyLawyer TV

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In this episode, Attorney Jacob J. Sapochnick discusses the top 7 reasons why citizenship applications are denied. We outline the top 7 reasons below.

Overview: 

There are several reasons why an N-400 application can be denied. The most common reason an application may be denied is because the applicant failed to meet the minimum requirements of the N-400 application for naturalization. Other reasons may include that the applicant has a bad moral character, an excessive number of absences from the country, a combination of both of these factors, an issue with taxes, child support, etc. It is important to be aware that officers at an immigration interview have a broad range of discretion in deciding whether to approve or deny your application. Always be prepared for potential issues that may arise during your interview.

Top 7 reasons why citizenship applications are denied:

  • Selective Service: Males between ages 18 and 26 are required to register for the Selective Service. Failure to do so, or to not have a valid reason for not registering for Selective Service may result in a denial
  • Fraudulently obtaining a green card: Immigration officials scrutinize an individual’s citizenship application very closely. This means that more often than not immigration officials take a careful and detailed look into the applicant’s immigration history including how they obtained their permanent residence and potential red flags in the applicant’s file
  • Serious Crimes: Committing certain crimes (especially crimes of moral turpitude) can make an individual ineligible for citizenship
  • Lying: An individual caught lying to an immigration officer will likely be sanctioned by the immigration officer in the form of an immigration violation or worse
  • Taxes: Individuals owing back taxes are not considered persons of good moral character because they have not abided with the law in paying their taxes. If you owe back taxes your application will likely be denied
  • Child Support: Similar to the above
  • English: In order to be eligible for citizenship, the applicant must satisfy the language requirement. Applicants must be able to read, write, speak, and understand the English language, although exemptions exist for certain applicants.

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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.

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In this video, our clients speak about their unique experience 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 please visit our website.

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In this episode, attorney Jacob J. Sapochnick Esq. answers one of our most frequently asked questions: can you leave the country while your application is pending with CIS? Keep watching to learn more.

This is one of the most common and most important questions asked by our clients. Once you have filed an application with USCIS and the application is pending with USCIS (meaning that you have not received a decision on your application) you CANNOT leave the United States, UNLESS you have received special permission from USCIS to travel outside the country (an advance parole document). If you do not have an advance parole document you do not have permission to travel outside of the United States while your application is pending with USCIS. Doing so will ultimately result in the abandonment of your application with USCIS. The applicant will have to reapply to receive any immigration benefit from USCIS.

This is a very serious matter that should not be taken lightly. If you plan to travel outside of the country you must apply for an advance parole document at least 4 months in advance of your international travel.

Always seek counsel from an attorney before partaking in any international travel.

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In this video Attorney Jacob J. Sapochnick takes you on a tour of our law office located at 1502 Sixth Avenue in sunny San Diego, California on the corner of Beech Street and Sixth Avenue. Come and visit us today. We offer first time consultations to meet your immigration needs.

For more information on the services we provide please click here.

To read our client testimonials please click here.

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In this video attorney Jacob Sapochnick discusses the status of the E-2 visa program for the country of Israel, as well as different E visa options for Israeli entrepreneurs. For a first time consultation please contact our office.

Our staff members are fluent in Spanish, Hebrew, Russian, Mandarin, and French.

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In this video, Attorney Jacob J Sapochnick, Esq., explains the process of applying for a green card through an employment-sponsored petition.

Overview of Employment-Based Green Card Process

The U.S. employer must prove that hiring the foreign national will not adversely affect current labor available to U.S. workers—this requires the employer to undergo a labor certification process or PERM with the Department of Labor.

Labor certification requires the employer to go through the process of testing the labor market through a process of advertising.

Step 1: The Employer must apply for PERM or Labor Certification with the Department of Labor for the position offered. Once the Department of Labor issues the certification, the Employer may begin the advertising process for the position.

Step 2: Once the PERM Labor Certification has been approved, the Employer can file the I-140 petition with USCIS

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In this video attorney Jacob J. Sapochnick speaks in Las Vegas, Nevada about our immigration practice, what makes us unique, and our partnership with SimpleCitizen, a start up company that helps individuals file certain immigration petitions on their own.

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

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In this segment Attorney Jacob J. Sapochnick Esq. discusses immigration options for same-sex couples. The Law Office of Jacob J. Sapochnick has been a long time advocate for same-sex and LGBT immigration rights. Our office has worked diligently to assist same-sex couples and the LGBT community in their immigration endeavors since the landmark U.S. Supreme Court decision Windsor v. United States, which allows legally married same-sex couples to receive federal benefits including immigration relief.

Same sex couples legally married in any state allowing same sex marriage may seek immigration benefits for the foreign national. If the foreign national entered the country legally (with a proper visa or proper inspection) and the foreign national is residing with the US citizen spouse in the United States, the foreign national may apply for adjustment of status. If the foreign national does not reside in the United States with the US Citizen spouse, the foreign national may immigrate to the United States through a process known as “consular” processing.

If the US Citizen spouse and foreign national are not yet married, but intend to marry, the foreign national may apply for a K-1 fiance visa so long as both parties are legally free to marry, and have met in person within the last 2 years before filing the fiance visa.

For more information regarding green cards for same sex couples please visit our website.

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In this video, entrepreneur, business owner, and best-selling author John Assaraf, discusses attorney Jacob J. Sapochnick’s book “My American Job,” and how it can help immigrants just like you land a job in the United States. As a Canadian, who immigrated to the United States long ago, John Assaraf knows first hand how difficult it is to immigrate to the United States and have a shot at achieving the American dream.

“My American Job” gives you advice and strategies on how to:

  1. Be prepared, physically, mentally and financially, to maximize your chances for long term job success;
  2. Overcome misconceptions and objections U.S. employers have about hiring foreign workers;
  3. Navigate the job application and interview processes;
  4. Land the job including how to leverage social media sites;
  5. Use LinkedIn, Facebook, Twitter, and Google Plus for job searching;
  6. Adapt to U.S. business customs, ideas, etiquette, and protocol;
  7. Read about the real life success of foreigners who now live and work in the U.S.

To purchase attorney Jacob J. Sapochnick’s book click here. To learn about the immigration services we provide please visit our website.

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