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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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In this episode, attorney Jacob J. Sapochnick Esq. discusses the removal process following detention.

– Following your detention, you have the right to fight your case, you cannot just be kicked out without due process of law

– In most cases, unless there is an outstanding order of removal in your file, you have the right to defend your case in immigration court

– A Notice to Appear (NTA) must be issued to you by Homeland Security. The NTA signals the initiation of removal proceedings against you

For further 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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