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.
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
In this episode attorney Jacob Sapochnick, Esq. discusses the legislative update in regards to the court injunction which halted President Obama’s executive actions on immigration, including extended DACA and DAPA.
So far the following has happened:
– 5th Circuit did not grant the government’s request to stay the injunction
– There will be an oral argument on the merits of the case on July 10th
– Actions are being taken in the implementation of parole status for entrepreneurs and job creators
– Proposal in giving work authorization to people in certain cases who have approved I-140’s
– Labor Department wants to see perm process be modernized.
For questions and legal advice please call our office for a legal consultation.
If you are considering a fake, or sham, marriage as a means of getting U.S. lawful permanent residence (a green card), you probably already know that what you are planning is illegal. In this episode attorney Jacob Sapochnick, Esq. explains the consequences of entering into a fake or sham marriage.
For questions and legal advice please call our office for a legal consultation.
In this segment, Attorney Jacob J Sapochnick discusses what makes the Law Offices of Jacob J Sapochnick unique, our law firm specialties, and his legal blog on the popular radio show 1700 AM ESPN Radio with Eric Atilano. Remember to tune in every Monday morning.
In this news segment with CBS8, Attorney Jacob Sapochnick Esq, discusses a new bill signed into law on Saturday, September 27, by California Governor Jerry Brown. The new law appropriated $3 million to nonprofit organizations who are qualified to aid unaccompanied children, coming from Central America to the United States, to seek legal representation. The law facilitates unaccompanied minors to seek legal representation in their removal proceedings.
In this post, Attorney Jacob Sapochnick Esq, will address one of our most frequently asked questions for Same Sex Marriage and Green Cards: Is Proof of Real Marriage Required, Standard of Proof?
Statement from Secretary of Homeland Security Janet Napolitano on July 1, 2013:
“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”
What about immigration benefits other than for immediate relatives, family-preference immigrants, and fiancés or fiancées? In cases where the immigration laws condition the benefit on the existence of a “marriage” or on one’s status as a “spouse,” will same-sex marriages qualify as marriages for purposes of these benefits?
Yes. Under the U.S. immigration laws, eligibility for a wide range of benefits depends on the meanings of the terms “marriage” or “spouse.” Examples include (but are not limited to) an alien who seeks to qualify as a spouse accompanying or following to join a family-sponsored immigrant, an employment-based immigrant, certain subcategories of nonimmigrants, or an alien who has been granted refugee status or asylum. In all of these cases, a same-sex marriage will be treated exactly the same as an opposite-sex marriage.