In this post attorney Jacob J. Sapochnick discusses the new changes to the October visa bulletin and how these changes can affect your family based or employment based petition.
The October 2015 Visa Bulletin from the U.S. Department of State shows a newly revised system of dual cutoff dates.
As of October, the visa bulletin contains a new, separate cutoff date chart for filing the application for adjustment (form I-485). The cutoff dates in the filing chart are much later than the final action cutoff date chart.
For example, the employment-based, second preference (EB2) for China’s cutoff date for filing in October is May 1, 2014, while the cutoff date for final action is January 1, 2012.
This is a HUGE change, effective as of October 1, 2015, and applies to both the employment-based and family-based categories.
In this episode, attorney Jacob J. Sapochnick, discusses whether you can obtain a tourist visa if you have battery charges against you
– In general criminal issues pose a big obstacle for visa approval, criminal issues are a factor in determining whether your visa will be approved or denied
– The frequency and the recency of the crime will factor greatly – up to 5 years preceding when applying a visa.
– When applying, you must provide documented evidence that you have changed your ways proving your good moral character, this will not guarantee your visa approval, it can only help strengthen your application
– You may be able to obtain a tourist visa if you first file the 212(d)(3) Nonimmigrant Waiver
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
In this episode attorney Jacob Sapochnick, Esq. explains how a foreigner can apply for a work visa/permit and the steps required to do so. It is important for foreigners to understand that most work visas require an employer who is willing to sponsor a foreign worker and most work permits are usually a benefit of some sort of a petition. If you are a foreigner and your spouse has a J visa, an L visa or an E visa you are allowed to work with a general permit. An H1B visa has a small exemption for self-employment.
For questions and legal advice please call our office for a legal consultation.
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.
In this segment, Attorney Jacob J. Sapochnick responds to one of our most frequently asked questions. Can an H1B employee work at different sites and locations? Can an H1B employee change jobs easily? Find out here. For legal advice please call our office for a legal consultation.
In this video, Attorney Jacob J Sapochnick, Esq. will explain the reasons why an applicant should consider hiring an attorney.
You are not required to have a lawyer when applying for an immigrant visa or green card in the United States or overseas. If you have a straightforward case, are clearly eligible for the benefit you seek, and have no record of crimes or negative run-ins with immigration authorities, you can potentially proceed all the way to a visa or green card without a lawyer. In fact, if you are overseas, lawyers cannot attend consular interviews with you, though they are allowed to prepare the paperwork and have follow-up communications with the consulates.
However, there are numerous types of situation when you’ll need a lawyer’s help — or will save yourself a lot of time and aggravation by getting it. Immigration law is notoriously, insanely complicated, and it’s run by a bureaucracy that receives less oversight and public scrutiny than you might expect.
Immigration law seems deceptively easy. However, it is a minefield full of traps for the unwary, and behind every case must emanate a well thought-through strategy. While it is true that almost anyone can fill out forms, immigration law is about so much more than that.
A qualified immigration lawyer will advise you on a host of issues and restrictions on work and travel that foreign nationals may face. Such rules may apply differently to those seeking non-immigrant versus immigrant status and oftentimes even apply to Permanent Residents, also known as “Green Card.”
Immigration Lawyer Blog
