Articles Posted in Family Visas

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In this video, Attorney Jacob Sapochnick Esq,  will explain how to legalize an illegal spouse.

For more information and eligibility questions please contact our office.  Remember to follow us on Facebook, Youtube, Twitter, and Instagram 

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In this video Attorney Jacob J Sapochnick Esq., explains one of our most frequently asked questions: Can I get a Green Card from an E2 Visa?

While there is no direct way to convert an E2 Visa to a Green Card, there are ways to get a Green Card from an E2. Normally E2 Visas are non immigrant visas, so the intention is to return to the home country one way.

You are eligible to apply for a Green Card while under E-2 status as long as you meet the guidelines through one of the following methods:

  • EB-1 Green Card: You can obtain a green card while under E-2 status if you are an “Alien of Extraordinary ability” or a “Multinational Manager or Executive.” If you find yourself in one of these categories, you can file an immigration petition under one of these categories
  • Family Based Immigration Green Card: You may obtain a green card if you have close relatives in the United States. Your relatives may file a petition in this case.
  • National Interest Waiver: If you are an “alien of exceptional ability,” have an advanced degree or an equivalent level of experience, and can show that your services will greatly benefit the United States, then you may file a National Interest Waiver (NIW).
  • Employment Based Immigration: If you can find an employer who is willing to file a Labor Certification form with the Department of Labor, then you may qualify for a green card through the employment based immigration process. Or Self Petition EB2 based on a self petitioned H1B.
  • EB5 Visa – Green Card based on investment of 500K or Million depending on the location in the US.

For more information on this subject contact our office and please remember to follow us on Facebook, Youtube, Twitter, and Instagram 

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In this post, Attorney Jacob Sapochnick Esq,  discusses at what age and how a child can legalize their undocumented parents.

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Guidelines and Procedure: 

To petition for your parents (mother or father) to live in the United States as green card holders, you must be a U.S. citizen and at least 21 years old. Green card holders (permanent residents) may not petition to bring parents to live permanently in the United States. In order to obtain a green card for parents of US citizens when the parent is located in the United States, the US citizen and foreign national parent will apply for the green card using the adjustment of status process. Because the foreign national parent is considered to be the immediate relative of the US citizen child, many issues that would make adjustment of status impossible for another type immigrant will be waived for the parent. For instance, some parents who are presently in the United States unlawfully can take advantage of the adjustment of status process and stay in the US for the duration of processing, while other types of green card applicants would need to return to the home country and apply there. However, parents who entered the United States without inspection (EWI) will not, necessarily, be permitted to stay and adjust status. If your parent entered without inspection (EWI), contact an immigration lawyer to to discuss your situation prior to filing any paperwork with USCIS.

For more information on this topic please contact our office to schedule a consultation.

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In this post, Attorney Jacob Sapochnick Esq,  will explain the process of obtaining a green card based adjustment of status utilizing ShowMe drawing technology.

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Overview:

An immigrant who is married to a U.S. citizen becomes what is called an “immediate relative” in USCIS terminology. There are no limits on the number of immediate relatives who are allowed to apply for permanent residence (a green card) each year. The only waiting period is the time it takes for the paperwork to be processed by the U.S. government. But this is where things can get complicated.
Even if the immigrant is currently in the United States, he or she cannot count on being able to apply from within the U.S., through the process known as “adjustment of status.” Instead, the immigrant may have to leave the U.S. and apply for the green card overseas, through what’s called “consular processing.”
There are many benefits to staying in the U.S. during the entire green card application process. With adjustment of status, the couple won’t be separated, and the immigrant will receive a work permit once the application is pending at USCIS. The U.S. spouse, who must attend the interview, can provide moral support, and be on hand to answer any questions about his or her capacity as a financial sponsor. And, the couple can bring an attorney along; especially useful if there are any complications in the case, such as a criminal conviction.
The key to whether someone can adjust status is, in most cases, whether he or she entered the United States legally or illegally.

 

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Whether you plan to come to the United States for a short visit or a permanent stay, your first step is to apply for a visa.

Many people think they can show up at a U.S. embassy or border post, describe why they’d make a good addition to U.S. society, and be welcomed in. Unfortunately, this is the exact opposite of how the U.S. immigration system works.

Read more here: http://bit.ly/1dXZNTU

Post by San Diego Immigration Lawyer, Jacob J. Sapochnick.