Articles Posted in Adjustment of Status

In this video, attorney Jacob Sapochnick explains the potential problems that may arise when an immigrant who has overstayed the Visa Waiver Program later applies for adjustment of status based on their marriage to a US citizen.

In this case study, we discuss a real situation involving a client who initially came to the United States on the visa waiver program. Per the terms of the Visa Waiver Program, a foreign national may only remain in the United States for a period of 90 days or less.

Our client had remained in the United States unlawfully for a long period of time. During the period of time he remained in the United States unlawfully, he met and married a U.S. Citizen and began a life with his American spouse in the United States. The couple filed an application for adjustment of status after the marriage, thinking that they would be approved without a problem. Unfortunately this application was denied, and a subsequent motion to re-open the case was also denied. In San Diego county and other immigration field offices, immigration officers began to aggressively deny adjustment of status applications for immigrants who had overstayed the visa waiver program, even if the application was based on marriage to a U.S. Citizen spouse. The client then decided to re-file his application for permanent residence after the denial. After filing, the Border Patrol apprehended him and began the process of deporting him from the United States. Understandably this was a very difficult situation for the client and his American spouse to go through. At this point, the client retained our office to begin prosecutorial discretion to cancel his removal from the United States and to re-file his application for adjustment of status to permanent residence, based on his marriage to his American spouse.

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In this video, entrepreneur, business owner, and best-selling author John Assaraf, discusses attorney Jacob J. Sapochnick’s book “My American Job,” and how it can help immigrants just like you land a job in the United States. As a Canadian, who immigrated to the United States long ago, John Assaraf knows first hand how difficult it is to immigrate to the United States and have a shot at achieving the American dream.

“My American Job” gives you advice and strategies on how to:

  1. Be prepared, physically, mentally and financially, to maximize your chances for long term job success;
  2. Overcome misconceptions and objections U.S. employers have about hiring foreign workers;
  3. Navigate the job application and interview processes;
  4. Land the job including how to leverage social media sites;
  5. Use LinkedIn, Facebook, Twitter, and Google Plus for job searching;
  6. Adapt to U.S. business customs, ideas, etiquette, and protocol;
  7. Read about the real life success of foreigners who now live and work in the U.S.

To purchase attorney Jacob J. Sapochnick’s book click here. To learn about the immigration services we provide please visit our website.

Please remember to follow us on Facebook, Youtube, Twitter, and Instagram to catch our next live stream.

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In this video attorney Jacob J. Sapochnick answers your frequently asked questions regarding adjustment of status based on marriage.

Frequently Asked Questions

  1. Can we do the process inside the United States? This depends. If both the foreign spouse and U.S. citizen spouse reside in the United States legally, then the foreign spouse can apply for adjustment of status within the United States. The foreign spouse’s legal entry is key. If the foreign spouse is living abroad and is not authorized to live in the United States, then the foreign spouse must apply for an immigrant visa at a U.S. Consulate abroad to immigrate to the U.S. This process is very different from adjustment of status. Please click here to read more about the consular process.
  2. How long does the adjustment of status process last? From the moment you file the adjustment of status application until the time you receive an appointment for an interview, it takes approximately 4-5 months to adjust your status to permanent resident. This time frame varies by state and by USCIS’s caseload at the time you filed your application.
  3. How much money does it cost to file the adjustment of status? Regardless of whether you file with an attorney or without an attorney, you will need to pay filing fees: $535 for the Form I-130 and $1,225 for Form I-485 (includes $85 biometrics fee) for a total of $1,760. Certain individuals may be eligible for a fee waiver. If you apply with an attorney you will also need to pay the attorney’s fees to prepare the application.
  4. Can I still apply for adjustment of status if I have a criminal background? This depends on the type of criminal conviction, when it happened, and other factors. If you have a criminal background speak with an attorney about your situation.
  5. How much money does my US citizen spouse need to make to sponsor me?The amount of money your spouse needs to make will depend on their household size and the poverty guidelines. Every year USCIS publishes the HHS Poverty Guidelines for the Affidavit of Support which establishes how much money a sponsor needs to make based on their household size to sponsor the immigrant. You must review the poverty guidelines to know how much money you will need to make. For more information about how to do this please click here.

Remember that if you have any questions you may contact our office for more information or e-mail jacob@h1b.biz.

Please remember to follow us on Facebook, Youtube, Twitter, and Instagram to catch our next live stream.

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In this video attorney Jacob J. Sapochnick discusses his thoughts on President Trump’s speech to a joint session of Congress which took place February 2017, and the prospects for immigration reform going forward. Click the video below to listen in.

Trump's speech to Congress: Hints on Immigration Reform

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Wednesday, March 1, 2017

While President Trump intends on staying tough on immigration, he outlined that he is open to working with Congress to reform the current immigration laws, and possibly expanding immigration options for highly skilled workers. We must remember that Trump still has four years ahead of him, so it is too early to understand his plans and what the future of immigration may look like. At the moment, it looks like the President’s main priority will be to secure the border. At a later time we may see the President soften his tone on immigration, and possibly introduce a proposal for immigration reform.

One thing is for sure, the Trump administration is treating overstays and unlawful presence in a much different way than the Obama administration dealt with these issues. Going forward we can expect consular visa applicants to experience delays in the issuance of their visas, especially applicants from territories controlled by the Islamic state. Under this administration, we are seeing that people who were not priorities for deportation under the Obama administration, are now being targeted and removed from the United States for minor convictions. If do not have lawful immigration status or have overstayed your visa it is important for you to know the consequences of remaining in the United States unlawfully. Make sure that you come up with a plan in case of an immigration raid.

Remember that if you have any questions please contact our office or e-mail jacob@h1b.biz.

Please remember to follow us on Facebook, Youtube, Twitter, and Instagram to catch our next live stream.

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In this video attorney Jacob J. Sapochnick answers your immigration questions live on Facebook.

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Saturday, February 18, 2017

In this session, Jacob discusses what is new in immigration, and answers your immigration questions relating to applications for permanent residence (I-485 adjustment of status), H-1B visas, citizenship, traveling outside of the United States as a permanent resident, global delays in visa issuance, the future of DACA under the Trump administration, consequences of overstaying your visa, and much more.

Please remember to follow us on FacebookYoutubeTwitter, and Instagram to catch our next live stream. If you have any questions please contact our office or e-mail jacob@h1b.biz.

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In this video attorney Jacob Sapochnick speaks at an informational immigration seminar in Istanbul, Turkey. In the seminar, he discusses his book My American Job, which teaches foreign born immigrants how to navigate the complicated process of immigrating to the United States and how they too can make the American dream possible for themselves, as well as different immigration options for highly skilled professionals, entrepreneurs, start up companies, and many other immigration classifications. To learn more just keep on watching.

Coming to America for entrepreneurs – Live from Istanbul

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Tuesday, March 21, 2017

To read more about the different visa types and immigration classifications please visit our website. If you need more information regarding your eligibility for a particular visa, please contact our office, to schedule a free first time consultation.

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It is our pleasure to introduce you to client relations specialist Ms. Jessica Kalb. If you have been a long time client of our office then it is likely that you have been greeted by her friendly face.

Ms. Jessica Kalb was born and raised in Mexico City. Ms. Kalb has been working for the Law Offices of Jacob Sapochnick for more than 5 years, and has a passion for assisting people in need who are first time clients of our office. She came to San Diego many years ago and decided to settle in this beautiful city. From assisting clients with their many immigration questions, to answering phones, and comforting our clients, Ms. Kalb is a valuable member of our team. In her free time, Ms. Kalb likes to exercise, cook, travel, and spend time with her friends. We are proud to have her as a part of our team.

To schedule a first time consultation please contact our office. Remember to follow us on FacebookYoutubeTwitter, and Instagram 

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It is our pleasure to introduce you to our in-house attorney Marie Puertollano. From preparing clients for their citizenship and marriage interviews to successfully filing I-601A waivers and I-360 applications, Marie Puertollano Esq. is an attorney that wears many hats.

Marie Puertollano specializes in processing various types of applications with USCIS including the successful processing of H1-B’s, I-751 waivers, religious worker visas, asylum, I-601A waivers, F-1 reinstatement, B-2 tourist visitors, B-1 business visitors, H-3 trainees, I-360 abused spouses, etc.

Bio: Marie Puertollano was born and raised in France. She earned two Master Degrees in Law at California Western School of Law; one in France in Public Law and one in the United States in Comparative Law (LL.M). Marie Puertollano is fluent in French, English and Spanish. Marie has been with the law offices of Jacob Sapochnick since March 2012.

Marie developed a passion for the protection of immigrants’ rights, while being a social worker in Gainesville, GA. Marie worked with an organization helping battered women to obtain their visa and for an organization helping detained and non-detained people seeking cancellation of removal proceedings.

In her spare time she enjoys spending time with her family, swimming, biking, and dancing. She regularly serves food to the homeless and is a motivational speaker.

To schedule a first time consultation please contact our office. Remember to follow us on FacebookYoutubeTwitter, and Instagram 

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It is our pleasure to introduce our readers to our senior case manager, Inese Grate, one of the original members of the Law Offices of Jacob J. Sapochnick. Ms. Grate joined our firm when there were merely 2 employees working at the office. In addition to studying law in Latvia, Ms. Grate received her Master’s in Law in International Business Transactions from Temple University Beasley School of Law and attended the International Law Institute at Georgetown University School of Law.

Ms. Grate specializes in business and family immigration, corporate, international trade, and international transactions. Ms. Grate provides consultation on strategic investment in the United States for international clients and corporations to identify potential opportunities, create jobs, and develop successful businesses. Throughout her professional career, she has taken several international and U.S. startup companies from an ideation phase through to establishment and registration.

Ms. Grate is unique in that she thinks outside of the box. She utilizes her professional network of financial advisors, real estate brokers, investors and industry experts to assist our clients according to their individual needs. Throughout her career, Ms. Grate has helped numerous corporations and individuals in the United States as well as several European countries in various immigration/business related issues. Ms. Grate evaluates business plans and works on all related immigration issues including visas, licenses, and permits.

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Attorney Charles Ward has been a long time attorney at the Law Offices of Jacob J. Sapochnick. Charles received his Doctorate in Jurisprudence from Southern Methodist University graduating Cum Laude. He has been a California licensed attorney since 1997 and is also licensed to practice before the Federal Court system. His area of expertise includes Immigration and Family Law. Charles Ward is a stand-out member of our team and is known for his professionalism, compassion, infectious laughter, and colorful personality.

At the Law Offices of Jacob J. Sapochnick Charles handles cases that are in removal proceedings, including Asylum, Adjustment of Status, and Voluntary Departure. Mr. Ward also helps clients prepare for courtroom hearings, trials, green card interviews, fraud interviews, citizenship interviews, and much more. Mr. Ward is an active member of the San Diego County Bar Association and served as President of the “Small Firms & Solo Practitioners” section.

Outside of the office, Charles enjoys swimming in the ocean, hiking, traveling, and going to sporting events.

To learn more about the dedicated staff members serving and supporting our clients here.

To schedule a free consultation please contact us.

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