In this video, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: I have a minor US Citizen child. Can I get a green card?
Overview:
This is a very common question. This question comes to us from a Chinese national who is currently in the United States on an H-1B Visa. This person asks: Can I get a green card based on the fact that I have a minor US Citizen child that was just born in the US?
In this situation because the child is under the age of 21, your child cannot file a petition for permanent residence on your behalf based on the fact that you have a minor child born in the United States. This is a very common misconception. Your child can only file for your immigration benefits once they reach the age of 21. A child must be at least 18 years old in order to petition for immigration benefits for their siblings, and then the sibling must wait for a visa number to become available based on the visa bulletin. You cannot obtain a green card just by having a US Citizen child. If you are in the United States on a visa you must find another way to remain legally in the United States until the US Citizen child reaches the minimum age or find another way to obtain a green card through employment. Parents of US Citizen children, residing in the United States unlawfully, can obtain cancelation of removal for their parents to shield them from deportation/removal proceedings. In this case the child does not need to be 21 years or older.
For more information about this topic please contact our office.
In this segment, attorney Jacob Sapochnick Esq., discusses an example of an I-601 Waiver. For more information about waivers of inadmissibility please click here.
Overview:
An I-601 Application for Waiver of Grounds of Inadmissibility allows a non-citizen alien to immigrate to the United States, adjust their status to permanent residence, or seek admission to the United States in a nonimmigrant status, if certain grounds of inadmissibility, circumstances, or conduct prevent them from being otherwise admissible. The I-601 application applies to certain aliens who believe they are ineligible for admission to the United States based on certain grounds of inadmissibility.
I-601 Success Story
Maria, a Mexican citizen, was brought to the United States unlawfully at only 3 years of age. She lived here in the United States all of her life. She attended high school and college in the United States. She and her US Citizen husband came to our office and told us that they wanted to legalize her status in the United States. We analyzed her case and told the couple that in order to legalize her status, they would need to file the I-601 waiver. We also discussed the risks associated with the I-601 waiver. When filing the I-601 waiver, the applicant (Maria) is required to leave the country. When an undocumented immigrant leaves the country, they run the risk of being barred from re-entering the United States. Maria and her husband decided to file the application despite these risks. Maria was able to file a waiver based on her marriage to a US Citizen, and the fact that she had no immigration violations other than the accrual of unlawful presence. Our office filed the I-130 petition. Once approved the petition was sent to the National Visa Center and Maria was assigned an interview in Ciudad Juarez. She attended the interview and as expected she was denied, because she entered the US unlawfully. After this, our office submitted the waiver one week later. The waiver submitted for this case was based on the extreme hardship Maria’s U.S. Citizen husband would suffer if she were removed from the United States or denied entry. This type of waiver involves collection of documents proving that the US Citizen husband has a legitimate claim of extreme hardship. In this case, we collected medical, academic, occupational, and financial documents to prove that if Maria were removed from the United States, he would suffer an extreme hardship since his life would be uprooted, and he would not be able to find similar employment abroad. The waiver also involves collection of documents proving that the undocumented immigrant is an exemplary individual such as academic transcripts, awards, honors, etc. It also consisted of medical and psychological evaluations proving that the US Citizen suffered from anxiety and depression. Affidavits and letters from family and friends were also included in support of the extreme hardship. Within one week of submitting the waiver package to the US Consulate in Juarez, the immigration officer reviewed the case and granted the waiver. When she returned to the embassy she was given her immigrant visa in her passport and was able to re-enter the United States. This is an example of a successful I-601 waiver case that was achieved with careful preparation and planning so that our client could achieve favorable results.
For more questions about the I-601 waiver please contact our office.
In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: What are some ways to obtain relief from deportation?
Overview:
There are generally four ways to obtain relief from deportation through Cancellation of Removal, Prosecutorial Discretion, Asylum, or Adjustment of Status.
Cancellation of removal is a good option for people who have resided in the United States for 10+ years;
Asylum is a good option to avoid removal for those who qualify. In order to qualify, an asylum applicant must be unable or unwilling to return to their home country as a result of persecution or well-founded fear of persecution on the basis of five statutorily protected grounds including: race, religion, nationality, membership in a particular social group, or political opinion;
Adjustment of status is an option for those who have an immediate relative that is a United States Citizen or Lawful Permanent Resident (LPR). These individuals may adjust their status to lawful permanent residence;
Another way is through Prosecutorial Discretion;
For more information please contact us for a consultation.
In this segment, attorney Jacob J. Sapochnick discusses a new development relating to President Barack Obama’s November 2014 executive action on immigration. For more information about President Obama’s executive actions on immigration please click here and here.
Overview:
SCOTUS recently granted a request that secures timely consideration for President Obama’s Executive Actions raising the likelihood the case will be heard in the spring and a decision by the end of June; just a few months before the Presidential election.
When the Executive Actions on immigration were announced last year, several states filed an injunction against extended DACA and DAPA and those provisions have been at a standstill ever since.
Twenty-six states were involved in the lawsuit, with Texas as the lead plaintiff.
In this segment, attorney Jacob J. Sapochnick discusses the I-601A waiver and when it may be used to legalize a foreign spouse. In this case the foreign spouse was removed for a 3-year period.
For more information about the I-601 and I-601A waivers please click here.
In this segment, attorney Jacob J. Sapochnick discusses one of our most frequently asked questions: I have married a different petitioner than the one who filed my K-1 fiancé visa, can I still apply for my green card?
Overview
– The K-1 fiancé visa allows you to marry only the original US citizen petitioner that filed your K-1 fiancé visa
–The K-1 fiancé visa does not allow you to enter the United States and later adjust your status to permanent residence within the United States, while married to a different person
– It is possible for you to proceed with an adjustment of status from your home country, if you have now married a different person than the one who petitioned for your K-1 fiancé visa, through a process known as consular processing
–Couples who are concerned about the impact of physical separation on their relationship may consider the K-3 visa as an alternative to consular processing
–If you have accrued unlawful presence in the United States you will be subject to a bar and will need to file a waiver before applying for permanent residence
In this segment, Attorney Jacob J. Sapochnick would like to answer a question that came from a follower named Juanita. Juanita was asking: I came to the US when I was seven years old then I left again when I was 12 then I came back again when I was 15 and I never left. My question is do I qualify for the new deferred action that was announced by President Obama? And also I was wondering if I qualify for the new provisional waiver changes that came out this week, January 3rd?
On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.
These initiatives include:
Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years
Allowing parents of U.S. citizens and lawful permanent residents who have been in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parental Accountability program, provided they pass required background checks
In this news segment with CBS8, Attorney Jacob Sapochnick Esq, discusses a new bill signed into law on Saturday, September 27, by California Governor Jerry Brown. The new law appropriated $3 million to nonprofit organizations who are qualified to aid unaccompanied children, coming from Central America to the United States, to seek legal representation. The law facilitates unaccompanied minors to seek legal representation in their removal proceedings.
Immigration Lawyer Blog
