In this Facebook live stream, attorney Jacob J. Sapochnick discusses your frequently asked immigration questions and the impact of the election on immigration. For more information just keep on watching.
Overview:
The topics covered in this immigration live stream include:
The possible cancellation of the Deferred Action for Childhood Arrivals Program (DACA). Can Donald Trump remove the program?
Family Unity and the Visa Bulletin
Will anything be done to improve processing times for family visas?
What are the requirements for the I-601 waiver? Will I qualify?
Options for persons in removal and persons fearing deportation
What can we expect to happen with the work visa programs?
Will there be more restrictions/security presence at the border?
Is this a good time to apply for citizenship?
Immigration options for undocumented persons married to a U.S. Citizen and who have U.S. Citizen children
Increases in filing fees beginning December 23, 2016
Will the diversity visa lottery program be cancelled?
Will cases that are currently pending with USCIS be negatively affected by a Trump administration?
What will be the impact of Sanctuary Cities? Will Sanctuary Cities protected undocumented immigrants?
Can the President ban Muslims from the United States?
What can you do to make your voice heard and make a difference?
Immigration options for entrepreneurs and more!
Like our Facebook page in order to ask your immigration questions during our next live stream.
To learn more about the services we offer please visit our website.
In this video, attorney Jacob J. Sapochnick discusses the future of immigration law under President elect Donald Trump. For more information just keep on watching.
Overview:
Donald Trump is set to become the next President of the United States on January 20, 2017. Due to his polarizing stance on immigration, many Americans are living in fear of deportation, while others ask themselves: how might immigration law change under the Donald Trump administration? The good news is that in recent interviews Donald Trump has dramatically scaled back his views on immigration, stating that he will prioritize the deportation of criminal persons residing in the country illegally which he estimates will affect about 3 million undocumented immigrations, although he continues to maintain that a wall must be built along the U.S. Mexico border. In terms of high skilled immigration, he has been highly critical of work visa programs such as the H-1B program. He has stated that Americans should have the opportunity to fill occupations being offered to foreign nationals first.
Want to learn more about the Law Offices of Jacob Sapochnick? Please keep watching.
Overview:
The Law Offices of Jacob J. Sapochnick provides specialist expertise in all aspects of US immigration and nationality law and practice. Our track record of successful practice in this area is evidence of the high standard of knowledge and skill brought to bear in respect of all cases that we handle and all instances when we provide advice and representation.
The firm prides itself on its speed of response, dealing with matters efficiently and conscientiously at all times. Our strength lies precisely in our understanding of clients’ needs, which stems from our broad and varied experience of legal practice in this area. We are aware that those consulting us are often in difficult positions, sometimes with urgent or compelling business or personal needs that hinge on their immigration requirements, calling for dependable and confident advice and assistance. Our practical approach is directed at understanding our clients’ needs and meeting those needs. Your immigration is our passion.
To learn more about the services we offer please visit our website.
In this video, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: Why can’t the President just give permanent residency to undocumented persons?
Overview:
Only Congress may pass legislation that will create a path to citizenship for undocumented immigrants known as “amnesty.” The constitution of the United States limits the president’s authority to pass laws. The President may only pass executive actions to provide temporary relief when Congress is unwilling to act or there is a state of emergency. A popular belief that many people have is that the DACA program and the now defunct DAPA programs offer undocumented persons a sort of amnesty. This belief is incorrect. The current DACA program offers only temporary relief to undocumented persons living in the United States. It was designed to shield undocumented persons from deportation and provide them an opportunity to obtain temporary employment authorization.
In this video, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: I am an undocumented immigrant that has been living in the United States for the past 15 years. I have used a different name on all of my legal documentation. How will this affect me if there is immigration reform?
Overview:
Question: I’ve been living and working in the United States for the past 15 years. I’ve worked using someone else’s security number and I have been paying my taxes, but I don’t have any records or documents with my real name, how is this going to affect me in the future when I try to qualify for immigration reform?
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.
In this video, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: I have a minor US Citizen child. Can I get a green card?
Overview:
This is a very common question. This question comes to us from a Chinese national who is currently in the United States on an H-1B Visa. This person asks: Can I get a green card based on the fact that I have a minor US Citizen child that was just born in the US?
In this situation because the child is under the age of 21, your child cannot file a petition for permanent residence on your behalf based on the fact that you have a minor child born in the United States. This is a very common misconception. Your child can only file for your immigration benefits once they reach the age of 21. A child must be at least 18 years old in order to petition for immigration benefits for their siblings, and then the sibling must wait for a visa number to become available based on the visa bulletin. You cannot obtain a green card just by having a US Citizen child. If you are in the United States on a visa you must find another way to remain legally in the United States until the US Citizen child reaches the minimum age or find another way to obtain a green card through employment. Parents of US Citizen children, residing in the United States unlawfully, can obtain cancelation of removal for their parents to shield them from deportation/removal proceedings. In this case the child does not need to be 21 years or older.
For more information about this topic please contact our office.
In this segment, attorney Jacob Sapochnick Esq., discusses an example of an I-601 Waiver. For more information about waivers of inadmissibility please click here.
Overview:
An I-601 Application for Waiver of Grounds of Inadmissibility allows a non-citizen alien to immigrate to the United States, adjust their status to permanent residence, or seek admission to the United States in a nonimmigrant status, if certain grounds of inadmissibility, circumstances, or conduct prevent them from being otherwise admissible. The I-601 application applies to certain aliens who believe they are ineligible for admission to the United States based on certain grounds of inadmissibility.
I-601 Success Story
Maria, a Mexican citizen, was brought to the United States unlawfully at only 3 years of age. She lived here in the United States all of her life. She attended high school and college in the United States. She and her US Citizen husband came to our office and told us that they wanted to legalize her status in the United States. We analyzed her case and told the couple that in order to legalize her status, they would need to file the I-601 waiver. We also discussed the risks associated with the I-601 waiver. When filing the I-601 waiver, the applicant (Maria) is required to leave the country. When an undocumented immigrant leaves the country, they run the risk of being barred from re-entering the United States. Maria and her husband decided to file the application despite these risks. Maria was able to file a waiver based on her marriage to a US Citizen, and the fact that she had no immigration violations other than the accrual of unlawful presence. Our office filed the I-130 petition. Once approved the petition was sent to the National Visa Center and Maria was assigned an interview in Ciudad Juarez. She attended the interview and as expected she was denied, because she entered the US unlawfully. After this, our office submitted the waiver one week later. The waiver submitted for this case was based on the extreme hardship Maria’s U.S. Citizen husband would suffer if she were removed from the United States or denied entry. This type of waiver involves collection of documents proving that the US Citizen husband has a legitimate claim of extreme hardship. In this case, we collected medical, academic, occupational, and financial documents to prove that if Maria were removed from the United States, he would suffer an extreme hardship since his life would be uprooted, and he would not be able to find similar employment abroad. The waiver also involves collection of documents proving that the undocumented immigrant is an exemplary individual such as academic transcripts, awards, honors, etc. It also consisted of medical and psychological evaluations proving that the US Citizen suffered from anxiety and depression. Affidavits and letters from family and friends were also included in support of the extreme hardship. Within one week of submitting the waiver package to the US Consulate in Juarez, the immigration officer reviewed the case and granted the waiver. When she returned to the embassy she was given her immigrant visa in her passport and was able to re-enter the United States. This is an example of a successful I-601 waiver case that was achieved with careful preparation and planning so that our client could achieve favorable results.
For more questions about the I-601 waiver please contact our office.
In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: What are some ways to obtain relief from deportation?
Overview:
There are generally four ways to obtain relief from deportation through Cancellation of Removal, Prosecutorial Discretion, Asylum, or Adjustment of Status.
Cancellation of removal is a good option for people who have resided in the United States for 10+ years;
Asylum is a good option to avoid removal for those who qualify. In order to qualify, an asylum applicant must be unable or unwilling to return to their home country as a result of persecution or well-founded fear of persecution on the basis of five statutorily protected grounds including: race, religion, nationality, membership in a particular social group, or political opinion;
Adjustment of status is an option for those who have an immediate relative that is a United States Citizen or Lawful Permanent Resident (LPR). These individuals may adjust their status to lawful permanent residence;
Another way is through Prosecutorial Discretion;
For more information please contact us for a consultation.
In this segment, attorney Jacob J. Sapochnick discusses a new development relating to President Barack Obama’s November 2014 executive action on immigration. For more information about President Obama’s executive actions on immigration please click here and here.
Overview:
SCOTUS recently granted a request that secures timely consideration for President Obama’s Executive Actions raising the likelihood the case will be heard in the spring and a decision by the end of June; just a few months before the Presidential election.
When the Executive Actions on immigration were announced last year, several states filed an injunction against extended DACA and DAPA and those provisions have been at a standstill ever since.
Twenty-six states were involved in the lawsuit, with Texas as the lead plaintiff.
Immigration Lawyer Blog
