Articles Posted in Permanent Residents

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 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.

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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In this Facebook live stream, immigration attorneys Jacob J. Sapochnick and Laurel Scott discuss the impact of the President’s Executive Orders, the Ninth Circuit’s refusal to reinstate the travel and refugee ban, and what the future of immigration looks like from here. Don’t forget to like our Facebook page to join in on future Live streams.

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Saturday, February 11, 2017

By federal court order, the Ninth Circuit Court of Appeals, has decided that it will not reinstate President Trump’s Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States.” This means that the President’s 90-day travel ban of foreign nationals from seven Muslim-majority countries (Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen) will no longer be enforced, as well as the 120-day suspension of the U.S. Refugee Admissions Program barring Syrians from seeking refugee admission to the United States. The government is likely to appeal the Ninth Circuit’s decision to the United States Supreme Court or seek a ruling “en banc.”

The Department of Homeland Security and Customs and Border Protection released the following statement, “In accordance with the judge’s ruling, DHS has suspended any and all actions implementing the affected sections of the Executive Order entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States. This includes actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order.” This means that the Executive Order will no longer bar the entry of immigrant and non-immigrant travelers from the seven Muslim-majority countries (Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen) until a Court rules otherwise. 

The United States Citizenship and Immigration Services issued a statement confirming that USCIS will continue to adjudicate and process applications and petitions filed for or on behalf of individuals in the United States, as well as applications and petitions for individuals outside of the United States, and applications for adjustment of status to permanent residence, irrespective of the beneficiary’s country of nationality. 

For more information about these executive orders please contact our office. Remember to follow us on FacebookYoutubeTwitter, and Instagram 

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In this Facebook live stream, attorney Jacob J. Sapochnick discusses the legal significance of the Temporary Restraining Order (“TRO”) issued Friday, February 3, 2017, by a federal judge from the Western District of Washington. The TRO has temporarily suspended all provisions of  the President’s Executive Order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” nationwide. This means that the travel ban on foreign nationals from the 7 Muslim-majority countries (Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen) has been suspended, and the U.S. Refugee Admissions Program has been reinstated. For more information please keep watching.

Travel Ban Blocked by Federal Judge: update Live discussion

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Friday, February 3, 2017

In his ruling, Judge Robart stated that after hearing arguments, the States adequately demonstrated that they have suffered immediate and irreparable harm because of the signing and implementation of the order, and that granting a TRO would be in the public interest. In addition he stated “the Executive Order adversely affects the States’ residents in areas of employment, education, business, family relations, and freedom to travel. These harms extend to the States. . . are significant and ongoing.” A three-judge panel from the Ninth Court Court of Appeals is expected to issue a final ruling on the Executive Order tomorrow.

Since issuance of the TRO, DHS has suspended any and all actions implementing the affected sections of the Executive Order entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States,” including “actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order.”

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In this live stream, attorney Jacob J. Sapochnick discusses the executive orders handed down by Donald Trump and the impact these executive orders will have on immigrants. The most controversial of the executive orders is the order “Protecting the Nation from Terrorist Attacks by Foreign Nationals” that was handed down by President Donald J. Trump on January 27, 2017. The order temporarily bans the entry of immigrant (LPRs) and non-immigrants (visa holders) from Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen for a 90-day period, suspends the entry of Syrian refugees indefinitely, and terminates the visa waiver interview program.

Yesterday, January 28, 2017 a federal judge granted an emergency stay on this executive order. The stay will prevent the executive order from being enforced until a court can decide whether it is legal. The stay does not invalidate the executive order signed by Trump, but limits its enforcement on individuals who have already arrived in the United States. Individuals who have attempted to enter on valid visas, refugee status, or LPR status from the 7 majority Muslim countries must be released from detention.

President Trump Executive Orders on Immigration: discussion live

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Friday, January 27, 2017

Below is a summary of the main provisions of the order per the OFFICIAL signed executive order:

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In this video attorney Jacob J. Sapochnick discusses the new decision in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) handed down by the USCIS Administrative Appeals Office (AAO) which has changed the analytical framework for determining eligibility of national interest waivers. This new decision will affect foreign nationals who are pursuing a green card based on employment in the EB-2 category, and who are eligible for a “national interest waiver.”

The new decision reached in Dhanasar, will invalidate and replace the three prong-test established in the prior AAO landmark decision reached in Matter of New York State Department of Transportation (NYSDoT), a case which governed the adjudication of national interest waivers since 1998.

The new three-prong test established by Matter of Dhanasar is a more flexible standard that will allow a broader population of foreign nationals in the EB-2 category to qualify for the discretionary national interest waiver. Under the new test, the EB-2 petitioner must meet all criteria established by the new test by a preponderance of the evidence. USCIS must determine whether on the whole the petitioner demonstrated by strong evidence that the requirements for the discretionary waiver were met.

The NEW three prong-test established by Matter of Dhanasar is as follows:

  1. The foreign national’s proposed endeavor must have both substantial merit and national importance. Dhanasar indicates that under this first criterion, a wide number of employment fields may qualify for a discretionary waiver such as: business, entrepreneurialism, science, technology, culture, health and education.  Dhanasar does not require that the petitioner show that the endeavor will bring immediate or quantifiable economic benefit to the United States. Providing such evidence however may help meet the preponderance of the evidence standard to the petitioner’s benefit.  Under this criterion, the petitioner is still required to show that the proposed endeavor has “national importance,” or is “national in scope” as in Matter of New York State Department of Transportation. Endeavors that may be considered as being national in scope are those that have a significant potential impact for job creation or substantial potential for economic growth, and which are focused in an “economically depressed area” such as an area of unemployment, or economically disadvantaged region.
  1. The foreign national must be well positioned to advance the proposed endeavor.This criterion will be analyzed by assessing the foreign national’s education, skills, knowledge and proven record of success in related or similar efforts. Other ways in which this prong can be proven is by providing a model, diagram, or plan for future activities, evidence of progress in reaching the endeavor, and evidence demonstrating interested stakeholders. The petitioner does not need to assess whether the endeavor will succeed.
  1. On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements of the EB-2 category. In assessing this prong, the endeavor’s importance will be weighed against the national interest and be based upon the overall benefit the United States will receive from the foreign national’s contributions. USCIS may also consider other factors to determine whether granting the discretionary waiver would be beneficial to the United States taking into consideration whether there are any qualified U.S. workers who can undertake the endeavor, and whether there is a sufficient national interest to justify a waiver of the job offer and labor certification requirement.

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If you have questions about this new decision contact us for a free consultation.

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It is our pleasure to introduce you to our talented senior paralegal Linda Parrish. Linda Parrish is the senior paralegal for immigration and corporate matters at our law office. Altogether, she has more than 20 years experience in the legal field and brings an amazing amount of knowledge and expertise to our firm. She focuses on  company formations, E2 and L1 visas as well as PERM Green Card cases.

Linda has been working with the Law Offices of Jacob J. Sapochnick since 2005.  Linda has extensive knowledge of all aspects of immigration law, though her specialty lies in assisting investors, executives, and corporate clients to meet their immigration needs. She is also our resident Notary Public. Linda Parrish is an asset to our team for her expertise, kindness, and for the invaluable contributions she has made to our firm.

Mrs. Parrish is married, has four adult children and several grandchildren. In her spare time, she enjoys quilting and crocheting.

For read more about our team please click here.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram.

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In this video, attorney Jacob J. Sapochnick discusses the adjustment of status interview for permanent residence. What happens when a denial is issued? To hear the answer to this question just keep on watching.

Overview: 

As part of the application process for permanent residence based on marriage, you and your spouse are required to attend an in person interview before your green card may be issued. In this video we focus on the marriage visa interview. So what happens when things go wrong?

Typically couples prepare for the green card interview by bringing all of the necessary documents to verify to the immigration officer that they have a bona fide marriage (such documents may include photographs of the couple together and with friends and family, evidence of joint accounts, evidence of commingling of finances, evidence of cohabitation, and joint responsibility of assets and liabilities). In some cases, however the immigration officer may not be convinced by a couple’s particular situation. The immigration officer sometimes finds issue with something the client said, or there may be some inconsistencies that capture the attention of the immigration officer, etc. In these cases, at the conclusion of the interview the immigration officer will notify the couple that they will not able to make an immediate decision. They will send the couple home and tell them to wait for a decision in the mail. If the couple does not receive an approval notice in the mail within 30 days, what will likely happen is that USCIS will send a notice of intent to deny (NOID). In most cases this notice is issued within 30 days of the green card interview.

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