Articles Posted in Hiring an Immigration Lawyer

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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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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 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

For further questions please call our office.

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In this episode, attorney Jacob J. Sapochnick, discusses the EB-5 visa

  • EB-5 visas are issued to those who have the ability, and resources, to invest a minimum of $1 million
  • To obtain an EB-5 visa it doesn’t matter where you get the money from, as long as you have proof of where it came from
  • Investment can be anywhere from $500,000 with specific requirements to more than a million dollars
  • The money must be invested in a commercial enterprise whether it be a new business or existing one

For further questions please call our office.

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In this episode, attorney Jacob J. Sapochnick, discusses the 2-year rule on the J-1 visa.

  • J-1 visa holders are required to go to their home country for 2 years after the program.
  • You have to either comply or get a waiver, if not, the requirement will stay with you forever.
  • It also applies even if one marries a US citizen.

For further questions please call our office.

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 In this episode, attorney Jacob J. Sapochnick, provides an update on the OPT Stem Extension Decision.

Notes:

  • OPT STEM has been extended.
  • This ruling will basically stop OPT Program.
  • District Court Judge Ellen Hovel found that the government made an error by not seeking public when it extended the 12-month OPT Program for STEM students.
  • The ruling could have invalidated the OPT extension immediately but instead the government gave 6 months to submit the OPT extension rule.
  • If the problem isn’t solved within 6 months, the OPT extension will be canceled on all these visa holders. They will then have only 2 months to leave the country.
  • OPT was created in 2008 due to the shortage of H1B visa.

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: How to apply for an I-601 Extreme Hardship Waiver. For more information click below. It is our pleasure to assist you.

Why is an I-601 Waiver needed?

– Approval of an I-601 waiver is needed for those who are eligible for a green card but facing immigration bars

– USCIS issues this waiver but you must provide proof or convince them of any hardship the US Citizen spouse will face

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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