Articles Posted in I-130

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In this segment, attorney Jacob J. Sapochnick discusses common reasons for green card denials. To read more about family-based green cards please click here. For information about employment-based green cards click here.

Overview:

There are generally two ways to apply for a permanent resident green card 1. through a qualifying family relationship and 2. through employment. Please note that special categories of green card applicants exist beyond these two options including obtaining a green card through 245i, the diversity immigrant visa program , the Violence Against Women Act (VAWA), Asylum, and based on a U visa.

There are several reasons a green card application may be denied which may include, but is not limited to the following: health, criminal, and security related issues, failure to demonstrate that the applicant will not become a public charge, failure to respond to a request for evidence by the required deadline, prior immigration violations, inability to meet the requirements for a green card, and not showing up to required immigration appointments.

If your green card application has been denied, you may be able to rescue your application by filing a motion to reopen. To assess your specific case please contact us for a consultation.

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In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: What are some ways to obtain relief from deportation?

Overview:

There are generally four ways to obtain relief from deportation through Cancellation of Removal, Prosecutorial Discretion, Asylum, or Adjustment of Status.

  • Cancellation of removal is a good option for people who have resided in the United States for 10+ years;
  • Asylum is a good option to avoid removal for those who qualify. In order to qualify, an asylum applicant must be unable or unwilling to return to their home country as a result of persecution or well-founded fear of persecution on the basis of five statutorily protected grounds including: race, religion, nationality, membership in a particular social group, or political opinion;
  • Adjustment of status is an option for those who have an immediate relative that is a United States Citizen or Lawful Permanent Resident (LPR). These individuals may adjust their status to lawful permanent residence;
  • Another way is through Prosecutorial Discretion;

For more information please contact us for a consultation.

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In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: How do I pass a green card marriage interview?

Overview: 

  • The green card marriage interview usually takes place three to four months after the green card application is filed with CIS
  • In  this video we will will cover tips on how to prepare for your interview, what to expect, and the types of questions you may be asked during the interview

For more resources on what to expect during the I-485 interview please click here and here.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram. For legal advice please contact us.

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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.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram. For legal advice please contact us.

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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.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram. For legal advice please contact us.
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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.

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

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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.

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

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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.

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

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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.

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

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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.

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

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