Form I-864, Affidavit of Support, is a form that is required for most family-based immigration petitions and some employment-based immigration petitions.
The affidavit of support is necessary to prove that the foreign national wishing to immigrate to the United States has adequate means of financial support and is not likely to become a public charge at the time of filing or in the future. The person signing the affidavit of support is called a “sponsor” and is usually the U.S. Petitioner.
Signing the Affidavit of Support is a serious matter. Sponsors who sign this form are entering into a contract with the U.S. Government agreeing to use their resources to support the intending immigrant if it becomes necessary.
En este video, el abogado Jacob Sapochnick explica el proceso para aplicar para la visa TN a base del Tratado de Libre Comercio de America del Norte, de Mexico, y Canada.
Que es la visa TN?
La clasificación no inmigrantes TN permite que los ciudadanos canadienses y mexicanos soliciten entrada temporal a los Estados Unidos para dedicarse a actividades comerciales a nivel profesional. El Tratado de Libre Comercio de América del Norte (NAFTA, por sus siglas en inglés) hace posible la entrada de estos profesionales.
Quien es elegible?
Entre los profesionales que son elegibles para admisión como No Inmigrantes T están los contables, ingenieros, abogados, farmacéuticos, científicos y maestros. Usted puede ser elegible para obtener el estatus de no inmigrante NT si:
Es ciudadano de Canadá o México
Su profesión califica bajo la reglamentación
El puesto de trabajo en los Estados Unidos requiere un profesional NAFTA
Usted tiene un preacuerdo con un empleador estadounidense para un trabajo a tiempo completo o a tiempo parcial (no puede estar empleado por su cuenta – vea a continuación la documentación requerida), y
Tiene las calificaciones para practicar su profesión.
Cual es el periodo de estadia?
El periodo inicial de estadia es 3 años. Si usted desea permanecer mas tiempo de el período inicial de estadía sin salir del país, usted debe solicitar una extensión de estadía.
Si usted es ciudadano mexicano, debe aplicar para la visa TN directamente en la Embajada o Consulado estadounidense en México.
Una vez se le haya aprobado la visa TN, deberá solicitar admisión en el puerto de entrada estadounidense designado o la estación de registro de pre despacho de aduana/ pre vuelo designada.
In this video attorney Jacob Sapochnick discusses how to file the perfect PERM application.
What is PERM?
The Program Electronic Review Management (PERM) is the system used by immigration to process labor certifications, which is the first step certain foreign nationals must take in order to obtain an EB-2 or EB-3 visa immigrant visa.
As part of the PERM process, the petitioning employer must go through a series of recruitment activities to test the labor market before filing a labor certification application. If, during the recruitment process, the employer finds that there is not a sufficient number of able, qualified, and willing applicants, whether U.S. citizens or permanent residents, then the employer can submit a PERM labor certification application.
At the moment, the I-751 Petition is taking longer than expected to be adjudicated by USCIS. As a result of these delays, on June 11, 2018, USCIS began issuing receipt notices extending an applicant’s conditional permanent resident status for a period of 18 months, as opposed to 12 months.
It is not uncommon however for some petitions to take longer than 18 months to be processed, especially in the case of an I-751 waiver of the joint filing requirement.
It is important to note that processing times vary by service centers. There are five service centers that process and adjudicate the I-751 petition. These service centers include: California, Nebraska, Potomac, Texas, and Vermont.
Please follow along on the CIS website to find out how you can check the processing times based on these service centers.
What is the I-90?
The I-90 application is used by lawful permanent residents to apply for replacement or renewal of existing Permanent Resident Cards.
The Potomac service center is the only service center currently processing I-90 applications.
In this video, attorney Jacob Sapochnick shares some exciting news: the EB-3 Philippines employment-based category has become current as of July 2019!
Since there is currently no waiting period for EB-3 Philippines, employers of Filipino nurses and other health care professionals, may now apply for the I-140 straight away, and applicants may file for their adjustment of status (green card).
Why is this change so exciting? Before this change, it could take a Filipino nurse eight or more years to work in the United States and obtain permanent residence. Since the EB-3 category is now current, the whole process could take as little as 10-12 months.
Because we do not yet know how long this category will remain current, we encourage Filipino nurses and their employers to take advantage of this narrow window of opportunity and file their I-140/I-485 petitions as soon as possible.
If you have any questions regarding this new change please contact our office.
In this video attorney Jacob Sapochnick discusses important visa bulletin updates.
F2A Spouses and Children of Permanent Residents is now current as of July 1, 2019 with the release of the July 2019 Visa Bulletin. That means that beginning July 1, 2019, spouses and minor children of green card holders can file for I-485 adjustment of status.
What does this mean for green card holders? If your spouse and children (under 21 and unmarried) are in lawful status and have already filed an I-130, they should be ready to file their I-485, Application for Adjustment of Status, starting July 1. If your spouse and children (under 21 and unmarried) are in lawful status in the US and you have not already filed an I-130, the I-130 and I-485 should be filed concurrently starting July 1. If your spouse and children (under 21 and unmarried) are overseas and they have an approved I-130, they should be ready to submit all necessary documents to the National Visa Center so an immigrant visa interview can be scheduled.
For more information about this new update please click here.
In this video attorney Jacob Sapochnick discusses New Zealand’s recent addition to the E-2 Investor Visa Program.
With the passage of the Knowledgeable Innovators and Worthy Investors Act (KIWI), New Zealand nationals may now apply for the E-1 and E-2 Investor Visa.
There are two ways to apply for the E Visa.
Applicants Lawfully in the U.S.
Investors who are already lawfully present in the U.S. on a valid nonimmigrant visa may file Form I-129 to change their status to the E-2 visa classification, with the necessary supporting documentation.
Applicants Outside the U.S.
Investors who are outside of the U.S. must apply for the E-2 nonimmigrant visa at a U.S. Consulate near their place of residence. The applicant must submit the DS-160 Online Nonimmigrant Visa Application, pay the necessary fees, and schedule their visa interview. Applicants must bring their complete application and necessary documentation to establish eligibility at the time of their interview.
What are the Requirements?
The investment funds and the applicant must come from the same Treaty Country.
The business in which investment is being made must provide job opportunities or make a significant economic impact tin the United States. The business should not be established solely for the purpose of earning a living for the applicant and his or her family.
The investment must come from the investor. The money must be “at risk”. Thus, a loan that is secured by the assets of the business itself will not qualify i.e. if loans have been taken out, they must be secured or guaranteed by the investor personally, and not by the assets of the corporation.
In this video attorney Jacob Sapochnick talks about your options, as a U.S. Citizen, if you have just discovered that your foreign spouse used you to obtain a green card.
When such a case arises, and we are representing the U.S. Citizen who has just discovered that they have been defrauded, we advise our client to seek outside counsel. We cannot advise our client on how to proceed if we have filed the case because providing such advise creates a conflict of interest.
If our office did not file the green card petition, then it is possible for us to assess the U.S. Citizens options by having a consultation and discussing the situation at hand.
In this video attorney Jacob Sapochnick discusses the P-1A visa for internationally recognized athletes.
The P-1A visa is suitable for internationally acclaimed athletes coming to the United States for the purpose of performing temporarily at an athletic competition or as part of an internationally acclaimed group or team.
To succeed in obtaining this visa, you must be able to provide evidence that you are internationally recognized in your particular field or sport. This can be demonstrated by showing significant honors or awards in your sport, international media coverage, evidence that your competitors are internationally recognized, evidence that you command a high degree of esteem within your sport etc.
The athlete must be coming to the United States to compete at a major event that is internationally recognized within that sport.
The P-1A visa is issued for the period of time necessary to complete the specific competition, event, or performance.
This is a great visa for individuals who compete regularly in the United States and are well known in their field.
Please contact our office to determine whether the P-1A visa is suitable for you.
The H-2B visa is a popular visa for individuals who want to come to the United States to work in a job that is temporary or seasonal in nature. This visa type is suitable for construction workers, landscapers, and housekeepers. These visas are issued for a period of up to one year. Extensions may be granted for a total of two additional years.
Workers may apply for a season that starts in April or a season that starts in October. This means that the immigration filing must be made in advance of the season the worker is requesting.
There is a 66,000 cap on the number of H-2B visas issued per fiscal year. This cap is divided into two seasons which means that 33,000 visas are available each season.
A valid job offer from a US employer is required
US employer must demonstrate seasonal need
Only nationals of certain countries can participate
Not a dual intent visa
The visa is granted for a period of one year, but may be extended for 2 additional years
Good visa for individuals interested in working in the US on a temporary basis
Good visa for jobs of a seasonal or temporary nature that experience a shortage in the U.S.
The Trump administration is proposing increasing the 66,000 cap