What happens to the conditional resident’s green card once the marriage ends in divorce? In this video Attorney Jacob J Sapochnick Esq., discusses one of our most frequently asked questions regarding what a conditional resident can do once their marriage ends in divorce.

If you received U.S. residence because of a recent marriage to a U.S. citizen, your first, “conditional” green card will be valid for only two years. In order to trade that one in for a permanent green card, you will need to file a Form I-751, Petition to Remove the Conditions of Residence. This must (in most cases) be signed by both you and by your U.S. citizen spouse, and mailed to U.S. Citizenship and Immigration Services (USCIS) within the 90 days before the two-year anniversary of the date your conditional green card was issued.
But if you divorce (or your marriage is annulled) before the two years have passed and you want to continue to live in the U.S., filing this petition jointly with your spouse will be impossible. You will still need to submit Form I-751, but will have to include a request for a “waiver” of the joint filing requirement. The waivers most likely to be relevant to your case are based on: divorce after a good-faith marriage abuse or battery by the U.S. spouse in a good-faith marriage, and extreme hardship to the immigrant if returned to his or her country of origin.

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

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

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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 FacebookYoutubeTwitter, 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.

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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.  

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In this video, Attorney Jacob Sapochnick Esq,  will explain what to do when a denial is issued for an adjustment of status green card interview. What if the Immigration Officer is not convinced, what are the next steps?

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Applicants who file for adjustment of status in order to get their green card here in the United States must in most cases appear for an interview at an office of U.S. Citizenship and Immigration Services (USCIS). This usually takes place several weeks or months after submitting the adjustment of status application. If an applicant submitted a family-based petition (Form I-130 or I-360) and application for adjustment of status (Form I-485) together, USCIS will decide both of the applications at the same time.

For more information please contact our office.

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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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In this post, Attorney Jacob Sapochnick Esq,  discusses at what age and how a child can legalize their undocumented parents.

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Guidelines and Procedure

To petition for your parents (mother or father) to live in the United States as green card holders, you must be a U.S. citizen and at least 21 years old. Green card holders (permanent residents) may not petition to bring parents to live permanently in the United States. In order to obtain a green card for parents of US citizens when the parent is located in the United States, the US citizen and foreign national parent will apply for the green card using the adjustment of status process. Because the foreign national parent is considered to be the immediate relative of the US citizen child, many issues that would make adjustment of status impossible for another type immigrant will be waived for the parent. For instance, some parents who are presently in the United States unlawfully can take advantage of the adjustment of status process and stay in the US for the duration of processing, while other types of green card applicants would need to return to the home country and apply there. However, parents who entered the United States without inspection (EWI) will not, necessarily, be permitted to stay and adjust status. If your parent entered without inspection (EWI), contact an immigration lawyer to to discuss your situation prior to filing any paperwork with USCIS.

For more information on this topic please contact our office to schedule a consultation.

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Check out Attorney Jacob J. Sapochnick, Esq.’s interview on international news site i24live.tv regarding E2 investor visas for Israeli nationals and legal changes.

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In this post, Attorney Jacob Sapochnick Esq,  will explain the process of obtaining a green card based adjustment of status utilizing ShowMe drawing technology.

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Overview:

An immigrant who is married to a U.S. citizen becomes what is called an “immediate relative” in USCIS terminology. There are no limits on the number of immediate relatives who are allowed to apply for permanent residence (a green card) each year. The only waiting period is the time it takes for the paperwork to be processed by the U.S. government. But this is where things can get complicated.
Even if the immigrant is currently in the United States, he or she cannot count on being able to apply from within the U.S., through the process known as “adjustment of status.” Instead, the immigrant may have to leave the U.S. and apply for the green card overseas, through what’s called “consular processing.”
There are many benefits to staying in the U.S. during the entire green card application process. With adjustment of status, the couple won’t be separated, and the immigrant will receive a work permit once the application is pending at USCIS. The U.S. spouse, who must attend the interview, can provide moral support, and be on hand to answer any questions about his or her capacity as a financial sponsor. And, the couple can bring an attorney along; especially useful if there are any complications in the case, such as a criminal conviction.
The key to whether someone can adjust status is, in most cases, whether he or she entered the United States legally or illegally.

 

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