Articles Posted in Family Visas

In this Facebook live stream, attorney Jacob Sapochnick discusses immigration under President Donald Trump, and pressing issues that have recently been the subject of much debate in the news, including the President’s desire to end the Diversity Immigrant Visa Program, a program that has come under fire after it came to light that the New York City terrorist Saifullo Saipov gained admission to the United States through this program. In addition, Jacob answers your immigration questions.

Immigration Q and A

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Monday, November 6, 2017

Overview:

The Diversity Immigrant Visa Program

The Diversity Immigrant Visa program is a program enacted by Congress, which allocates up to 50,000 immigrant visas per fiscal year to a special class of immigrants known as “diversity immigrants.” Each fiscal year diversity applicants register for the visa program electronically at no cost. Applicant entries are selected at random through a computerized “lottery” system to allocate the 50,000 available immigrant visas for the Diversity Immigrant Visa Program. Only diversity immigrants who are natives of countries with historically low rates of immigration to the United States qualify for the Diversity Immigrant Visa program.

The Diversity Immigrant Visa Program was established in the 1990s under President George Bush, Sr. for the purpose of making the flow of legal immigration to the United States more diverse. The program sought to give foreign nationals from select countries, the opportunity to gain admission to the United States, provided they were born in countries with historically low rates of immigration to the United States, to put them on a more equal footing with foreign nationals with historically high rates of immigration. In this way Congress hoped that the American demographic would become more diverse.

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In this segment Attorney Jacob J. Sapochnick Esq. discusses the stokes interview otherwise known as the infamous “fraud interview” for the green card application. A stokes interview may occur during the marriage based green card application process, and refers to an interview where the husband and wife are questioned separately, and their answers are compared by an immigration officer to determine whether the marriage was entered into in good faith. A stokes interview (also known as “marriage fraud interview”) is usually a second interview, after the first interview, when the husband and wife were interviewed together, raised some questions about the bona fides of their marriage.

The stokes interview is typically scheduled when couples do not provide enough evidence of bona fide marriage and cohabitation, when the testimony provided by the couple during the first interview contains discrepancies and/or is inconsistent, or the marriage is of short duration. Couples may also be scheduled for a stokes interview if USCIS is concerned about something that came up during the foreign spouse’s background screening process. In every case, the immigration officer is trying to determine whether the applicant’s marriage is bona fide or not. If the immigration officer is still not satisfied that the marriage is a bona fide one after the stokes interview, USCIS may send a field officer to the applicant’s house.

To learn more about the consequences of entering a “sham” marriage please click here.

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In this post, attorney Jacob Sapochnick discusses filing the I-751 removal of conditions application where the foreign national’s marriage to the US Citizen has ended in divorce.

Who must file?

If you have received a two-year conditional permanent resident card, based on your marriage to a United States citizen, you are required to remove the conditions on your green card before the expiration date, by filing the Form I-751 Application for Removal of Conditions. This petition is typically filed jointly with your spouse, but you may seek a “waiver” of the joint filing requirement if you are no longer married to the US Citizen spouse through which you obtained conditional permanent residence.

Waiver of the Joint Filing Requirement

If you are no longer married to the US Citizen spouse through which you gained conditional permanent resident status, the burden of proving that you entered the marriage in good faith is much higher. These types of applications are called ‘I-751 Waivers’ because you must request a waiver of the joint-filing requirement in your application. Immigration officers scrutinize I-751 waiver applications much more than applications that are filed jointly with your spouse.

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In this video, attorney Jacob Sapochnick checks in and answers your immigration questions from Bora Bora, French Polynesia.

Live from Bora Bora , French Polynesia ask your questions about immigration and set up your consultation with me😀😀😀👍👌

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Friday, August 11, 2017

Overview 

Tourist Travel Advisory: Expect CBP to be more strict when traveling through a U.S. port of entry. Always carry documents to prove what the nature of your trip is in the United States, in addition to your valid tourist visa and passport documents. Always be mindful that CBP has the discretionary power to decide whether or not to admit you to the United States. This also applies for individuals traveling to the United States on a work visa. Always err on the side of caution and be calm and respectful when speaking to CBP.

Changes to U.S. Immigration: Despite proposed changes to the immigration system, foreigners continue to be interested in traveling and immigrating to the United States. Immigrating to the United States is definitely going to become more difficult, although at this moment no legislation has been passed to overhaul the current immigration system.

Denial of removal of conditions application without an interview: Recently USCIS has been denying certain removal of conditions applications by mail without scheduling the conditional permanent resident for an interview. Typically USCIS will schedule the conditional permanent resident for an interview if there are any doubts about the validity of their marriage. If you are planning to file a removal of conditions application, always ensure that you provided enough proof of your good faith marriage. This is especially important for people filing for an I-751 waiver of the joint filing requirement. For more information about the I-751 application please click here. For information regarding I-751 waivers click here.

For more information about the services we provide please visit our website.

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In this video, our clients speak about their unique experience with the Law Offices of Jacob J. Sapochnick. Our law office specializes exclusively in immigration and nationality law. We work with a broad range of clientele including entrepreneurs, investors, business visitors, foreign workers, U.S. employers, asylees, students, athletes, performers, families seeking to immigrate their family members and much more. Throughout the years, we have established a proven track record of success and a high level of customer service that is unparalleled in the legal industry. Contact our office today to schedule your free first time consultation.

For more information please visit our website.

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In this episode, attorney Jacob J. Sapochnick Esq. answers one of our most frequently asked questions: can you leave the country while your application is pending with CIS? Keep watching to learn more.

This is one of the most common and most important questions asked by our clients. Once you have filed an application with USCIS and the application is pending with USCIS (meaning that you have not received a decision on your application) you CANNOT leave the United States, UNLESS you have received special permission from USCIS to travel outside the country (an advance parole document). If you do not have an advance parole document you do not have permission to travel outside of the United States while your application is pending with USCIS. Doing so will ultimately result in the abandonment of your application with USCIS. The applicant will have to reapply to receive any immigration benefit from USCIS.

This is a very serious matter that should not be taken lightly. If you plan to travel outside of the country you must apply for an advance parole document at least 4 months in advance of your international travel.

Always seek counsel from an attorney before partaking in any international travel.

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In this video attorney Jacob J. Sapochnick explains the process of immigrating a foreign fiance to the United States. For more information just keep on watching.

What are the requirements to apply for a K-1 fiance visa?

You must be able to prove three important requirements to be successful in applying for the K-1 fiance visa. Please keep these requirements in mind when gathering evidence for your case and discuss these requirements with an attorney:

#1: The U.S. Citizen and fiance must prove they have met in person within the last 2 years.

#2: The U.S. Citizen and fiance must prove they are legally free to marry. If either party has been divorced, they must provide final divorce decrees from their respective countries.

#3: The US Citizen must certify that they are legally able to and intend to marry the alien fiancé (green card applicant) within 90 days of his or her arrival to the United States. The alien fiancé must also certify that they are legally able to and intend to marry the petitioner within 90 days of his or her arrival to the United States.

To begin the process of immigrating your foreign fiancé to the United States please contact our office to schedule a free first time consultation.

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Live outside our office building with a few fun facts you should know….

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Sunday, August 23, 2015

In this video Attorney Jacob J. Sapochnick takes you on a tour of our law office located at 1502 Sixth Avenue in sunny San Diego, California on the corner of Beech Street and Sixth Avenue. Come and visit us today. We offer free first time consultations to meet your immigration needs.

For more information on the services we provide please click here.

To read our client testimonials please click here.

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In this video attorney Jacob J. Sapochnick speaks in Las Vegas, Nevada about our immigration practice, what makes us unique, and our partnership with SimpleCitizen, a start up company that helps individuals file certain immigration petitions on their own.

https://www.facebook.com/myimmigrationlawyer/videos/10154275209208766/

For more information regarding the services we provide please visit our website.

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In this video we provide one of our many positive testimonials from our clients. At the law offices of Jacob Sapochnick, we offer the highest level of customer service from beginning to end. Our boutique legal practice makes our practice one of a kind. From our staff members to our attorneys, at the law offices of Jacob Sapochnick, we are constantly inspired by the stories of our clients, and work hard to make their dreams a reality.

For more information regarding the services we provide please visit our website.

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