In this video, Attorney Jacob Sapochnick Esq, will explain the I-601A waiver process for a spouse that is outside of the United States.
Who is not eligible to apply for a provisional waiver in the United States?
According to the new rule, the following persons are not eligible to apply for a provisional unlawful presence waiver:
If the applicant is under 17 years old; if the applicant is in removal proceedings, unless the removal proceedings are administratively closed and have not been recalendared at the time of filing the Form I-601A, if the applicant is subject to a Provisional Unlawful Presence Waiver; If USCIS has reason to believe that the applicant may be subject to any other grounds of inadmissibility other than unlawful presence; if the applicant is subject to a final removal order or a final order of exclusion or deportation; if the applicant is subject to reinstatement of a prior removal order; if the applicant does not have a case pending with the Department of State, based on the approved immediate relative petition, or has not paid the immigrant visa processing fee; if the Department of State initially acted to schedule the immigrant visa interview prior to January 3, 2013 for the approved immediate relative petition on which the provisional unlawful presence waiver is based, even if the interview has since been cancelled or rescheduled after January 3, 2013; (NOTE: The actual date and time that the alien is scheduled to appear for the interview is not relevant for the eligibility determination. This rule applies even if the alien failed to appear for his or her interview, cancelled the interview, or requested that the interview be rescheduled.) if the applicant has a pending Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS. (NOTE: Individuals who are eligible to obtain LPR status while inside the United States through the adjustment of status process do not need the provisional unlawful presence waiver. The provisional unlawful presence waiver is only valid for the purpose of seeking an immigrant visa outside the United States.)
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 video, Attorney Jacob Sapochnick Esq, will explain the O-1 visa process for extraordinary individuals.
The O1 visa is a temporary work visa for people with extraordinary ability in athletics, arts, business, education or science as demonstrated through sustained national or international acclaim. The O1 visa permits those who have reached the top level of expertise to come to the US to work in their field for an US employer or agent.
In order to qualify as a person of extraordinary ability, the applicant must demonstrate that they have risen above others in their field to the point where they have gained national and international recognition for their work. They must also show that they are coming to the United States for a temporary period of time in order to continue work related to their field of expertise.
In the fields of athletics, business, education, and science, extraordinary ability refers to a great level of expertise, in which the applicant falls within the top few percent of individuals in their respective field.
In this video, Attorney Jacob Sapochnick Esq, will explain what the E-1 Treaty Trader Visa is and its requirements
The Treaty Trader Visa (non-immigrant E-1 classification) is intended for the nationals of a foreign country with which a qualifying Treaty of friendship, Commerce, navigation, or a similar agreement exists with the United States. Nationals (individuals or companies) of such countries can obtain visas to work in the USA in order to develop and direct their trade with the USA. E-1 visa is for individuals coming to the U.S. to carry on substantial trade. A person may qualify as the principal trader or as an employee of a trader company having the same nationality.
The alien must be a citizen of a treaty trade country, and be involved in international trade.
The applicant must be coming to the United States to carry on substantial trade or to develop and direct the operations of an enterprise that has commercial trade with the applicant’s country of nationality.
The substantial nature of trade is dependent on the volume of the trade, the number of transactions, and a continued course of trade and is not tied directly to the dollar value.
The trade must be conducted principally between the United States and the treaty country. The Parent company, or the worldwide organization of the treaty enterprise, does not have to be engaged principally in the U.S. treaty country trade. It means the U.S. enterprise must conduct more than 50 percent of its total trade volume with the treaty country.
The trade involved must be international exchange (successfully negotiated contracts binding on all parties) of items including passing of the title of the trade items between the US and a treaty country.
These types of visas are for managerial and supervisory personnel, therefore, unskilled workers and workers with ordinary skills do not usually qualify for such visas. However, other personnel who have special qualifications that make the services to be rendered essential to the efficient operation of the enterprise may also qualify for such visa.
The E-1 visa holder can be an independent trader or an agent or employee of a trader or of a trading company.
The alien is the immediate family member of a principle E-1 visa holder.
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.
In this post, Attorney Jacob Sapochnick Esq, will explain whether franchises qualify for an E2 Investor Visa.
What is an E2 Visa?
The Treaty Investor Visa (nonimmigrant E-2 classification) is intended for nationals of a foreign country with which a qualifying Treaty of friendship, commerce, navigation, or a similar agreement exists with the United States.
Nationals (individuals or companies) of countries with such Treaties with the United States can obtain visas to work in the USA in order to develop and direct their investment with the USA. E-2 visa is for individuals coming to the U.S. to invest a substantial amount of capital or to direct and develop the business operations of an entity in which the individual has already invested funds.
Do Franchises qualify for E2 Investor Visa?
Yes, most franchises will be a good fit for this type of visa. For the application to be successful, the investor must assume an active role in the management the franchise business. Passive investment is not allowed.
It is important to hire staff and employees to fill various roles within the franchise. But is expected that the investor will be involved in some sort of decision making role within the franchise business’s organizational structure.
But, it is expected and encouraged to hire management staff with the appropriate experience to fill certain key positions.
Does the investor Need to Buy the Business Before applying for an E-2 Investor Visa?
Establishing a business in the United States is regarded as a key requirement for buyers that are applying for an E-2 visa.
The best course of action is to place the monies that will be used to purchase the business in an escrow account in the United States. In the visa application it is possible to state that the purchase of the business is contingent on the approval of the E-2 Visa and will be finalized once the approval is obtained. It is also important to get all the documents from the Franchise processed, so that a full package can be presented to the US Immigration when filing for the visa application.
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:
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.
Once the NVC has received your forms and documents, the NVC will review your immigrant visa application and may request additional information from you.
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.