Articles Posted in Hiring an Immigration Lawyer

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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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In this segment, attorney Jacob J. Sapochnick discusses one of our most frequently asked questions: can same sex couples apply for immigration benefits?

Overview

– Yes, it is possible for a qualifying relative to apply for immigration benefits for their spouse if the marriage is valid by the laws of a state allowing same sex marriage to take place.

– If the above is true, same sex couples can marry and proceed with immigration benefits.

– Even if you don’t live in a state that allows same sex couples to marry, as long as you married in a state that does allow same sex marriage, you can proceed with your federal benefits.

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In this segment, attorney Jacob J. Sapochnick discusses new changes applying to OPT STEM extensions.

The new changes include:

– The new STEM OPT proposal will provide for an extension of OPT optional practical training replacing the 2008 proposal.

– The proposal will increase OPT STEM extensions from 17 months to 24 months.

– This will require employers to implement formal mentoring and training programs.

– In addition, the proposal aims to safeguard the rights of US workers in related fields.

– Students must report to DHS for any changes in their name, address, and employers.

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Thinking of applying for the H-1B visa? Not sure what qualifies as a specialty occupation? In this segment attorney Jacob J. Sapochnick answers your questions regarding what specialty occupations are permissible for H-1B visa.

The H-1B visa is for professionals who possess either a U.S. master’s or bachelor’s degree, bachelor’s degree equivalency, or work experience necessary to fill a specialty occupation. Normally this requires possession of a degree or evidence that the applicant possesses the relevant experience to fill the position. The H-1B visa allows you to live and work in the United States. The classification also covers your dependents who may live and study in the United States. Even if your job is not considered a common ‘H-1B occupation’ there may be ways for you to obtain it.

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For more information about the H-1B visa click here.

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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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In this episode, attorney Jacob J. Sapochnick Esq. answers one of our most frequently asked questions: What are the differences between the L and E visas?

The L visa is a known immigrant visa, which means that L visa holders can apply for a permanent resident card without losing their L status. L visa holders with dependents, can bring those family members via the L-2 visa. The L visa allows the principal L visa holder to bring foreign workers to the United States working for the same company abroad.

E visa’s are based on a treaty trade agreement or treaty investment. They require a substantial investment to be made. E visa holders cannot apply for permanent residence, but this classification is a good option for temporary investors.

For more information on the L and E visas click here.

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In this episode, attorney Jacob J. Sapochnick Esq. discusses advance parole.

You can apply for advance parole by filing USCIS Form I-131 Application for Travel Document.

An advance parole document:

– Allows foreign nationals to re-enter the USA after traveling overseas without an immigrant visa.

– Foreign nationals who do not have a visa cannot re-enter the United States unless they have a permission to travel which is called an advance parole document.

– The advance parole document preserves the adjustment of status application that is pending in USCIS.

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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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What is a K-1 fiance visa and what are the requirements to apply? Watch attorney Jacob J. Sapochnick discuss the K-1 fiance visa below for more information.

– Only a US citizen, not a green card holder, can file a fiancé visa for their significant other

– The US citizen must marry their foreign national fiance within 90 days of their arrival to the United States on a K-1 visa. If the US citizen does not marry the foreign national, they must depart the United States or risk deportation

– In order to apply for a K-1 visa, both the US Citizen and the foreign national must be free to marry throughout the whole process

– The US Citizen and foreign national must have met in person physically. Physical meeting is crucial, however, there are exemptions

-To apply for a fiance visa, you must provide documented evidence of your relationship to prove that it is a bona fide relationship.

For more information on the K-1 visa please click here. For legal questions 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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