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 FacebookYoutubeTwitter, 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

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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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

For more information contact our office and please remember to follow us on FacebookYoutubeTwitter, 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 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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