Articles Posted in Removal of Conditions

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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In this segment, attorney Jacob Sapochnick Esq., explains why we do what we do at the Law Offices of Jacob J. Sapochnick. For more information about our office and the services we provide please click here.

Overview: 

Since 2004, we have efficiently and conveniently served our clients located across the United States and around the world through the use of cutting-edge technology and other innovations, always maintaining the personal connection you have come to expect from us.

You can express your interest, or schedule an appointment by emailing us at info@h1b.biz. We are excited to expand our ability to help many more of you, as you seek to achieve your American dream of living and working in this great country, a nation of immigrants.

Looking back, it is hard to narrow the reasons for our firm’s success. So much goes into that, but the main three ingredients have to be the lawyers, staff and clients. I am amazed at the enduring relationships we have with our clients.

Our office has been blessed with a staff that is motivated, efficient and very capable. I also think it important that they are compassionate for our clients’ issues – this is more than a job for us all – it is a calling.

To learn more about our dedicated staff members please click here.

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In this segment, attorney Jacob J. Sapochnick discusses whether a K-1 visa is a safe visa. Security concerns have recently arisen in the media and in Congress following the terrorist attack in San Bernardino which killed 14 people. It was recently discovered that the female shooter which carried out the attack entered the United States on a K-1 visa. In this segment we discuss whether the K-1 visa is a secure enough visa. While we do not disregard terrorism as a legitimate threat to the security of the United States, we believe the K-1 visa does not pose a risk to the safety of United States citizens. Rather, the process to obtain a K-1 visa is extremely invasive and complex.

Overview

  • The San Bernardino gun woman, Tashfeen Malik, entered the US on a fiancé visa. So is the fiancé visa safe?
  • Applying for a K-1 visa is a very rigorous and complicated process — there are a multitude of things both the applicant and petitioner are required to disclose — it is unlikely that a terrorist would use this visa in order to gain entry and inflict harm. It is somewhat easier for them to falsify and/or misrepresent information on a tourist visa application, and enter the US on a tourist visa, than to obtain a K-1 visa.
  • The K-1 visa applicant is subjected to a background check and an interview at a US consulate or embassy overseas as a security and fraud prevention mechanism
  • The K-1 visa applicant must provide a police clearance record, military record, court and prison records, proof of bona fide relationship, and must disclose any inadmissibility issues
  • Even once the K-1 visa is granted, the fiance is only allowed 90 days to marry the US Citizen spouse. If the fiance does not do so they must depart the United States or face removal proceedings
  • If the fiance marries the US Citizen spouse and seeks permanent residence, the fiance must provide the same documents once again, undergo security screening, and attend an interview with the spouse
  • Even once the fiance receives their green card, it will be conditional based on their marriage to the US citizen spouse meaning that it is only good for 2 years
  • The fiance must file an I-751 removal of conditions application with their spouse, before the expiration of their conditional green card in order to obtain the 10 year permanent resident card
  • The I-751 application process is a document intensive and invasive process which requires the couple to provide documented evidence that their marriage was entered in good faith and not for the purposes of obtaining an immigration benefit.

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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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