Articles Posted in Family Visas

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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

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Want to know what’s new on the November Visa Bulletin? In this segment attorney Jacob J. Sapochnick discusses the new changes including the dual chart system, family-based preference categories, and EB visa updates for China, India, Mexico, Philippines.

For more information on the Visa Bulletin click here.

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Entered the country illegally and now married to a US Citizen? Watch the video below for more information on the possibility of applying for a green card.

– There is a big difference in having entered the United States illegally and entering the country legally but remaining in the United States past your authorized stay as indicated on your visa

– The process outlined in this video outlines information to be followed if you entered the US without inspection after April 2001; before this date section 245 of the law can be used to adjust status in US

– In 2013 a new waiver was introduced allowing aliens to seek a pardon if the only offence is an overstay

If you are ready to get started please call our office.

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Want to hear how the new changes to the October visa bulletin can affect you? Keeping watching.

– Starting with the October 2015 visa bulletin there will be a new separate cut-off date chart for filing of adjustment of status applications

– The dual chart serves several purposes

– New cutoff dates will be an advantage to those who have been working for the same employer for years

For further questions please call our office.

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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.

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: 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 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.

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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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