Articles Posted in Hiring an Immigration Lawyer

by

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.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram. For more information please visit our website.

Capture

by

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.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram. For more information please visit our website.

Capture

by

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.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram. For more information please visit our website.

Capture

by

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.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram. For more information please visit our website.

Capture

by
 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.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram. For more information please visit our website.

Capture

by

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.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram. For more information please visit our website. 

Capture

by

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.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram. For more information please visit our website. 

Capture

by

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.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram. For more information please visit our website. 

Capture

by

In this episode, attorney Jacob J. Sapochnick, discusses one of our most frequently asked questions: What is the importance of Business Plans for E-visas and how can they improve an E-visa application?

For further questions please call our office.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram. For more information please visit our website. 

Capture

by

In this episode, attorney Jacob J. Sapochnick, discusses one of our most frequently asked questions: Can petty theft affect my application for a green card?

Important points to consider:

– Be truthful and disclose any crime on the I-485 application. Failure to do so could be a problem.

– In most cases in most jurisdictions it will not be a problem as long as it’s fully disclosed.

– If it’s one offence, and as long as all the fines and rehabilitation programs has been completed, there is actually an exception.

For additional questions pertaining to crimes that can make you inadmissible please call our office.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram. For more information please visit our website. 

Capture