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Articles Posted in Consular Processing

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares the latest update regarding a new executive order that is soon to be released, that will temporarily suspend the entry of L-1, H-1B, H-2B, and J-1 non-immigrants for at least several months.

Keep on watching for more information.


Overview


Please note that the information we can provide is only preliminary in nature based on reports and rumors that have been circulating recently.


What will the order do?


The new executive order is rumored to propose a temporary suspension on the entry of individuals residing abroad who have an L-1, H-1B, H-2B, and J-1 petition approved, but don’t have a visa yet in their passports. The new executive order anticipates suspending the issuance of visas for these individuals for at least several months.

In addition, the executive order proposes a temporary suspension on the entry of those who already have an L-1, H-1B, H-2B, or J-1 visas in their passports, but have not yet traveled to the United States on their visa.


Will there be exceptions on who is impacted?


Yes. Like with previous executive orders there will likely be exceptions that will protect some categories of individuals from being impacted such as health care professionals, those working to mitigate the effects of COVID-19, and essential workers in food-related industries. Other exceptions may also be made but it is not yet clear what those exceptions could be.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new and exciting bill proposed by the House of Representatives known as the HEROES Act (Health and Economic Recovery Omnibus Emergency Solutions Act) that would provide financial relief for undocumented immigrants, employment authorization for undocumented essential workers, and expedited visa processing for doctors, nurses, and other essential workers.

Please keep in mind that to become law, the HEROES Act still needs to be passed by the U.S. Senate and signed into law by the President.

Keep on watching for more information.


HEROES Act Overview


The new HEROES Act addresses some of the shortcomings of the previous CARES Act, which excluded undocumented immigrants from receiving stimulus checks from the federal government. The HEROES Act is a $3 trillion federal relief package that authorizes a second round of stimulus checks for those who qualify.

Here are the five takeaways of the HEROES Act:

  1. The HEROES Act would provide cash payments to immigrants and their families previously excluded under the CARES Act
  2. The HEROES Act would shield essential workers from deportation and create opportunities for some undocumented immigrants to obtain employment authorization (much like DACA)
  3. THE HEROES Act calls on Immigration and Customs Enforcement (ICE) to release low-risk immigrants from detention facilities where detention is not mandatory and where the detainee is not a national security risk
  4. The HEROES Act would allow expedited visa and green card processing for foreign medical professionals fighting Coronavirus and grant flexibility for medical professionals as to where they can work and how they can work
  5. THE HEROES Act would grant health care benefits for undocumented immigrants who do not have health insurance, including free testing, vaccines, and treatment relating to Coronavirus

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new and exciting bill called “the Healthcare Workforce Resilience Act” that would speed up the process for nurses and doctors to obtain their green cards.

Keep on watching for more information.


Overview


The Healthcare Workforce Resilience Act was introduced by Senators David Perdue (R-GA), Todd Young (R-IN), Dick Durbin (D-IL), and Chris Coons (D-DE) to increase the number of doctors and nurses available to meet the demand of the Coronavirus (COVID-19) pandemic.

While this bill is only a proposal for the time being, it is a great step in the right direction for the future of highly skilled foreign medical professionals. To become law, the bill must be passed by both houses of Congress and signed by the President. The bill is exciting because it is likely to have bipartisan support and has great potential to become law.


Why was the bill passed?


Currently, significant backlogs exist for nurses applying for a green card under the employment-based third preference category (EB-3). As you know Congress has imposed numerical limitations on the number of green cards that can be issued for immigrant workers. For EB-3 there is a waiting period of several years for green cards to become for EB-3 workers, even those with approved I-140 who are prevented from entering the United States because of these numerical limitations. At the moment, the priority date for nurses under EB-3 is stuck around January 2017 which for many nurses means a very long waiting period.

The Health Care Workforce Resilience Act was proposed to alleviate the strain on the U.S. healthcare system. The United States is currently at the epicenter of the Coronavirus pandemic and has an urgent need for doctors and nurses to help flatten the curve.


What does the proposal say?


The bill would authorize USCIS to “recapture” up to 25,000 immigrant visas for nurses and 15,000 immigrant visas for doctors. Additional immigrant visas would also be recaptured for the families of these medical professionals so that principal applicants and their family members can obtain their green cards at the same time.

This recapturing of unused visas in other preference categories would eliminate the backlog for nurses and doctors with approved I-140’s who are seeking an employment-based green card.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick goes over each section of President Trump’s new executive order, “Proclamation Suspending the Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak,” which suspends and limits the immigration of certain types of aliens for a 60-day period beginning on April 23, 2020.

Keep on watching for more information.

Overview:


Who is impacted by the Executive order?


The suspension applies to individuals who, as of April 23, are:

(1) outside of the United States

(2) do not have an immigrant visa

(3) do not have official travel documents other than visas and

(4) are not otherwise exempted from the Proclamation.


Who will enforce the Executive Order?


The President’s executive order will be enforced by U.S. Consulates worldwide beginning 11:59 p.m. eastern daylight time on April 23, 2020. Consular officials will have the discretion to determine whether an immigrant is eligible to receive a visa and whether they are exempt from the order.


Who is exempt from the Executive Order (not impacted)?


  • Lawful Permanent Residents of the U.S.;
  • Aliens who are the spouses of U.S. Citizens;
  • Members of the U.S. Armed Forces and any spouse and child of a member of the U.S. Armed Forces;
  • Aliens under 21 years of age who are children of United States Citizens and prospective adoptees;
  • Aliens seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional;
  • Aliens seeking to enter the U.S. to perform medical research or other research intended to combat the spread of COVID-19;
  • Any spouse any unmarried child under 21 years of age of any such alien who is accompanying or following to join the alien;
  • Any alien applying for a visa pursuant to the EB-5 Immigrant Investor Program;
  • Aliens whose entry furthers important United States law enforcement objectives;

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a frequently asked question: can someone who is in the process of getting divorced overseas re-marry in the United States before that divorce is final?

Overview:

In many foreign countries the process of getting divorced is a very long and tedious process with many divorces taking many years to come to a final conclusion.

Many clients are left wondering whether they can lawfully re-marry in the United States while their divorce process is pending overseas, so that they can move on with their lives and apply for adjustment of status based on their marriage in the United States.

Unfortunately, you may not lawfully re-marry in the United States until all prior marriages have been terminated. A prior marriage is terminated when divorce proceedings come to a conclusion. A prior marriage is terminated by a government order or decree of dissolution of marriage issued by the appropriate authority in the country where your divorce proceedings took place. If you have not received a final order or decree of dissolution from such an authority, your prior marriage has not been terminated.

Filing a petition for adjustment of status while you remain married to someone else, even in a foreign country, carries with it very serious legal consequences.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the Supreme Court’s recent ruling which will allow the public charge rule to go forward and be implemented by the government.

Overview:

On January 27, 2020, in a 5-4 decision, the Supreme Court of the United States ruled in favor of the Trump administration allowing the government to implement the final rule “Inadmissibility on Public Charge Grounds” nationwide except for in the State of Illinois, where litigation remains pending.

Following the Court’s decision, the United States Citizenship and Immigration Services (USCIS) published a news release on its website notifying the public that the agency will begin implementing the final rule on February 24, 2020 to applications and petitions postmarked (or submitted electronically) on or after February 24, 2020 (except for in the State of Illinois). For applications or petitions sent by a commercial courier (UPS/FedEx/ or DHL), the postmark date will be the date reflected on the courier receipt.

According to the press release, “The Final Rule prohibits DHS from considering an alien’s application for, certification or approval to receive, or receipt of certain non-cash public benefits before Oct. 15, 2019, when deciding whether the alien is likely at any time to become a public charge. In light of the duration of the recently-lifted nationwide injunctions and to promote clarity and fairness to the public, DHS will now treat this prohibition as applying to such public benefits received before Feb. 24, 2020.

Similarly, the Final Rule prohibits DHS from considering the receipt of public benefits by applicants for extension of stay and change of status before Oct. 15, 2019 when determining whether the public benefits condition applies, and DHS will now treat this prohibition as applying to public benefits received on or after Feb. 24, 2020.” Continue reading

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we discuss an important topic relating to family-based immigration: how can I immigrate my parent to the United States?

How do you immigrate a parent to the United States?

You must be a United States citizen (over 21 years of age) to immigrate your parent to the United States. The process of immigrating your parent to the United States depends on where your parent is residing at the time of filing.

Adjustment of Status

The most common scenario is where your parent has entered the United States on a non-immigrant visa for a non-immigrant purpose (such as visiting the United States) and several months later a decision is made to adjust the parent’s status to permanent residence. In this scenario, the appropriate process to immigrate the parent to the United States is through a process known as adjustment of status to permanent residence.

During this process, the United States citizen child will file a petition with USCIS called Form I-130 to immigrate their parent to the United States as well as Form I-864 Affidavit of Support. The United States citizen child must sign Form I-864 Affidavit of Support to prove they have the financial ability to provide for their parent until the parent becomes a US citizen. If the United States citizen child cannot prove financial ability, a joint sponsor will be needed who can prove their financial ability. At the same time, the parent will file Form I-485 with USCIS to change their status to that of permanent residence. In addition, the parent may choose to apply for employment authorization and a travel permit by filing Forms I-765 and I-131, in order to work and travel internationally while the green card application is in process.

Once these petitions are filed with USCIS, the parent can wait in the United States until the green card process is completed. The process is considered complete once the parent is approved following the green card interview.

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Welcome back to Immigration Lawyer Blog, where we discuss all things immigration. In this post, we discuss the status of the Presidential Proclamation signed by President Trump on October 4, 2019, that sought to suspend the entry of immigrants who would financially burden the United States health care system.

Firstly, let’s discuss what this Presidential Proclamation is about.

Effective November 3rd, the Presidential Proclamation required persons seeking to immigrate to the United States to provide proof, within 30 days of their entry to the United States, of approved health care coverage, or adequate financial resources to pay for reasonably foreseeable medical costs.

Immigrant applicants who failed to provide such evidence would be considered a financial burden on the U.S. healthcare system and would be inadmissible to the United States.

More on the Proclamation here.

What’s happened?

In response to a lawsuit filed by seven U.S. Citizens and a nonprofit organization, on Sunday November 2, 2019, U.S. District Judge Michael Simon issued a temporary restraining order blocking the President’s Proclamation from going into effect as planned on November 3rd.  Judge Simon’s order applies nationwide meaning that the government cannot enforce any parts of the proclamation until the court reaches a decision on the merits of the case.

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In this video attorney Jacob Sapochnick talks about the Diversity Visa Program also known as the “Diversity Visa Lottery.”

What is the Diversity Visa Lottery?

Every fiscal year approximately 50,000 immigrant visas are up for grabs for a special class of immigrants known as “diversity immigrants.” To be eligible to participate in the program as a “diversity immigrant,” you must be from a country with historically low rates of immigration to the United States. If you were not born in an eligible country, you may qualify to participate in the program if your spouse was born in an eligible country or if your parents were born in an eligible country.

In general, the requirements to participate in the diversity visa program are as follows:

Requirement #1: You must be a national of one of the following countries

AFRICA Algeria Angola Benin Botswana Burkina Faso Burundi Cameroon Cabo Verde Central African Republic Chad Comoros Congo Congo, Democratic Republic of the Cote D’Ivoire (Ivory Coast) Djibouti Egypt* Equatorial Guinea Eritrea Ethiopia Gabon Gambia, The Ghana Guinea Guinea-Bissau Kenya Lesotho Liberia Libya Madagascar Malawi Mali Mauritania Mauritius Morocco Mozambique Namibia Niger Rwanda Sao Tome and Principe Senegal Seychelles Sierra Leone Somalia South Africa South Sudan Sudan Swaziland Tanzania Togo Tunisia Uganda Zambia Zimbabwe

ASIA Afghanistan Bahrain Bhutan Brunei Burma Cambodia Hong Kong Special Administrative Region** Indonesia Iran Iraq Israel* Japan*** Jordan* Kuwait Laos Lebanon Malaysia Maldives Mongolia Nepal North Korea Oman Qatar Saudi Arabia Singapore Sri Lanka Syria* Taiwan** Thailand Timor-Leste United Arab Emirates Yemen

EUROPE Albania Andorra Armenia Austria Azerbaijan Belarus Belgium Bosnia and Herzegovina Bulgaria Croatia Cyprus Czech Republic Denmark (including components and dependent areas overseas) Estonia Finland France (including components and dependent areas overseas) Georgia Germany Greece Hungary Iceland Ireland Italy Kazakhstan Kosovo Kyrgyzstan Latvia Liechtenstein Lithuania Luxembourg Macau Special Administrative Region** Macedonia Malta Moldova Monaco Montenegro Netherlands (including components and dependent areas overseas) Northern Ireland*** Norway (including components and dependent areas overseas) Poland Portugal (including components and dependent areas overseas) Romania Russia**** San Marino Serbia Slovakia Slovenia Spain Sweden Switzerland Tajikistan Turkey Turkmenistan Ukraine Uzbekistan Vatican City

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In this video attorney Jacob Sapochnick explains the differences between the K-1 fiancé visa and a marriage visa.

What is the K-1 Fiancé Visa?

The K-1 visa is available to foreign nationals who are engaged to U.S. Citizens only. K-1 visas are also reserved for foreign fiancées, who do not have any other means of coming to the United States. A K-1 visa holder must marry the U.S. Citizen fiancé/fiancée within ninety days of entry to the United States or else the alien must leave the country.

If the foreign fiancé does not intend to marry the U.S. Citizen within ninety days of arriving to the United States, then the K-1 fiancé visa is not a good option.

The K-1 fiancé visa is a good option for couples who want to spend time together in the United States before getting married.

The fiancé visa process is typically much faster than the marriage visa process.

Marriage Visa

Spouses Overseas: U.S. Citizens and Legal Permanent Residents may file Form I-130 on behalf of a foreign spouse residing abroad, so that the foreign spouse can apply for a marriage visa through the U.S. Consulate in their home country. Spouses of Legal Permanent Residents must wait for a visa to become available to them, before proceeding with the marriage visa application process.

Spouses within the U.S.: If the foreign spouse of a U.S. Citizen is residing inside of the United States on a valid visa type, then the foreign spouse can file Form I-130 and Form I-485 to adjust their status permanent residence at the same time.

The marriage visa application process is generally longer than the fiancé visa process, while adjustment of status for spouses residing within the United States is shorter than the fiancé visa process (typically 4-7 months processing time).

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