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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.

For more information click here to go to our website. For legal advice please contact our office. Also remember to follow us on Facebook, Youtube, Twitter, and Instagram 

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In this post, Attorney Jacob Sapochnick Esq,  will explain the process of immigrating a foreign spouse to the United States utilizing ShowMe drawing technology.

The first part of the process is to file the marriage petition I-130 with USCIS.

Once approved, the following steps take place after you have submitted all required forms and documents to the NVC: 

Step 1

If you are the beneficiary of an I-130 petition, you should contact your petitioner to ensure that they have completed Affidavit of Support Processing.

Step 2

Once the NVC has received your forms and documents, the NVC will review your immigrant visa application and may request additional information from you.

Step 3

Approximately one month before your visa interview appointment, you will receive an appointment letter containing the date and time of the interview, along with instructions for obtaining a medical examination.

For more information on filing an I-751 Waiver please contact our office. Remember to follow us on Facebook, Youtube, Twitter, and Instagram 

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In this video Attorney Jacob J Sapochnick Esq. clarifies the differences between the EB5 Regional Center process and the individual EB5  project

The major advantage of the regional center as compared with an individual EB-5 investment is that indirect employment creation is allowable. In many cases, the sole remaining issues are tracing the funds from the investor to the regional center and proving the lawful source of the investor’s funds. This eliminates the need to deal with the many complicated issues involved in an individual EB-5 petition for which the investment enterprise has not been pre-approved, such as whether the investment entity qualifies as a “new commercial enterprise;” whether the investment is in a “troubled business;” and whether the requisite “direct employment creation” has taken place.
In addition, the regional center option is advantageous because: The foreign national can live anywhere he or she wishes in the U.S.; The foreign national can work anywhere he or she wants; or not work, as he or she pleases; The foreign national’s children may stay in the U.S. and study in the U.S.; and The foreign national can travel in and out of the U.S. as frequently as he or she desires.

Please click here to see our Power Point EB5 presentation

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In this video Attorney Jacob J Sapochnick Esq., discusses potential visa pathways for foreign entrepreneurs. Non-immigrant visa pathways may allow foreign entrepreneurs to explore or start a new business in the United States. The immigrant visa pathways may allow foreign entrepreneurs who have already started or are about to start a new business in the United States to immigrate permanently to the United States.

For more information about visa options for entrepreneurs please contact our office.

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Senior Case Manager Inese Grate talks about Investment Opportunities for Russians moving to the USA

For more information contact our office and please remember to follow us on Facebook, Youtube, Twitter, and Instagram 

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In this video Attorney Jacob J Sapochnick Esq., explains one of our most frequently asked questions: Can I get a Green Card from an E2 Visa?

While there is no direct way to convert an E2 Visa to a Green Card, there are ways to get a Green Card from an E2. Normally E2 Visas are non immigrant visas, so the intention is to return to the home country one way.

You are eligible to apply for a Green Card while under E-2 status as long as you meet the guidelines through one of the following methods:

  • EB-1 Green Card: You can obtain a green card while under E-2 status if you are an “Alien of Extraordinary ability” or a “Multinational Manager or Executive.” If you find yourself in one of these categories, you can file an immigration petition under one of these categories
  • Family Based Immigration Green Card: You may obtain a green card if you have close relatives in the United States. Your relatives may file a petition in this case.
  • National Interest Waiver: If you are an “alien of exceptional ability,” have an advanced degree or an equivalent level of experience, and can show that your services will greatly benefit the United States, then you may file a National Interest Waiver (NIW).
  • Employment Based Immigration: If you can find an employer who is willing to file a Labor Certification form with the Department of Labor, then you may qualify for a green card through the employment based immigration process. Or Self Petition EB2 based on a self petitioned H1B.
  • EB5 Visa – Green Card based on investment of 500K or Million depending on the location in the US.

For more information on this subject contact our office and please remember to follow us on Facebook, Youtube, Twitter, and Instagram 

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The Department of Justice recently reported that approximately 33% of immigrants who are released by U.S. Customs and Border Enforcement skip their immigration hearings and are then subject to removal from the United States. The problem is especially apparent among juveniles held by immigration officials. Attorney Jacob J Sapochnick Esq., commented on this fact in a recent interview with NBC 7 San Diego.

For more updates please remember to follow us on Facebook, Youtube, Twitter, and Instagram 

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CBS8 News recently interviewed Attorney Jacob J Sapochnick, who commented on the surge of immigrant children coming from Mexico and Central America, and the legal repercussions that have arisen. To read the complete article please click here.  

For more updates please remember to follow us on Facebook, Youtube, Twitter, and Instagram 

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In this post, Attorney Jacob Sapochnick Esq,  will explain the process of applying for citizenship and naturalization.

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If you are considering applying for U.S. Citizenship, you must wonder where to start. In this video we will cover the steps involved in the process.

General Steps:

  • Read ‘A Guide to Naturalization’ for information on the naturalization process.
  • Determine if you are eligible to apply for citizenship.
  • Review the Naturalization eligibility worksheet to help you decide if you are eligible to apply for naturalization
  • Download Form N-400, Application for Naturalization
  • Complete your application
  • Have 2 passport style photos taken
  • Collect the necessary documents
  • Review the document checklist to assist you as you collect your documents
  • Send your application package and filing fees to the appropriate Lockbox Facility or Service Center.
  • Receive an appointment letter for biometrics from USCIS
  • Visit a USCIS fingerprinting location and have fingerprints taken
  • Receive an appointment for an interview with a USCIS officer
  • Go to your local USCIS office at the specified time
  • Bring state-issued identification, Permanent Resident Card, and any additional documents specific to your case.
  • Answer questions about your application and background
  • Take the English and civics tests
  • Await a decision on your case

For more information please contact our office.

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