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Articles Posted in Family Visas

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 public charge rule and who is affected.

Overview:

Several categories of people are affected by the public charge rule:

The first category of people primarily affected by the public charge rule are applicants filing for adjustment of status on Form I-485 Application to Register Permanent Residence or Adjust Status.

The second category of people affected by the rule are foreign nationals applying for an immigrant visa at a U.S. Embassy abroad.

Also affected are nonimmigrants applying for a change of status in the United States.

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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 whether a parent of a US Citizen child 21 years of age or older, can adjust status within the US if they overstayed their visa.

Overview: 

In this scenario, a US citizen child is interested in petitioning his or her parent for a green card. In this case, the parent arrived to the United States on a valid visa 12 years ago and overstayed that visa.

Can that parent adjust their status in the US? Can the parent do this process from within the US or overseas?

As long as the parent entered the United States legally by way of a valid visa and the petitioning child is a US Citizen over 21 years of age, the parent is still eligible to apply for adjustment of status within the United States, even if the parent has overstayed their visa. The “overstay” is essentially waived in cases where the petitioner is a U.S. citizen and immediate relative of the beneficiary.

On the adjustment of status application, the overstay must be disclosed.

DUI Offenses

What if my parent obtained a DUI offense while in the US? Are they still eligible to Adjust Status?

A DUI on its own does not bar an applicant from obtaining permanent residence, however the applicant must provide all documentation necessary regarding the offense, such as the final disposition of the offense, and documentation showing what if any fines were paid.

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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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In this video attorney Jacob Sapochnick discusses the implications of accepting unlawful employment while in the United States, how it can impact your future green card or immigration status in the United States.

First, what is unlawful employment?

Unlawful employment occurs when a foreign national accepts employment outside of their authorization. For example, if you do not have a work visa with authorizes you to engage in lawful employment, a green card, or employment authorization card, and you accept employment regardless, then you have accepted unlawful employment. In some cases, even unpaid employment may be considered unlawful employment.

Unlawful employment is employment that may have occurred before your last entry (maybe years ago), employment that you have taken before you have filed for adjustment of status, etc.

Unauthorized employment may impact a person’s ability to legalize their status in the United States. However, there are certain instances in which accepting unauthorized employment will not have a negative effect on a person’s future ability to obtain permanent residence.

Exceptions

One of these exceptions is what we call the “immediate relative exception.”

If you are an immediate relative of a U.S. citizen, and are filing for adjustment of status based on your family relationship as:

  • The spouse of a U.S. citizen;
  • The unmarried child under 21 years of age of a U.S. citizen; or
  • The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older).

Your acceptance of unauthorized employment will not impact your ability to obtain permanent residence because that unauthorized employment will be considered “waived” at the interview.

Recipients of VAWA (Violence Against Women Act) filing for adjustment of status also qualify for this exception and will not be adversely affected by acceptance of unauthorized employment.

In addition, certain physicians and their families who are immigrating to the United States may also be exempt, as well as certain U.S. service members who are in the military and are in the process of adjusting their status.

For more information click on the video above.

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In this video attorney Jacob Sapochnick will discuss a very important topic: can a step-parent, who is a U.S. Citizen, petition for a step-child to immigrate to the United States?

USCIS takes the position that as long as the marriage between the U.S. Citizen and foreign national takes place before the child turns 18, that child can immigrate to the United States on the same I-130 petition.

This situation arises where the U.S. Citizen’s foreign spouse has children from a previous marriage, and the U.S. Citizen is interested in petitioning for the child to immigrate along with the foreign national spouse.

If the child is older than 18 at the time of the marriage between the U.S. Citizen and foreign national takes place, the child must find an alternative means of obtaining permanent residence.

The location of the marriage does not matter, rather the child’s age at the time of the marriage is what is key here.

For more information about this topic please click here.

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In this video attorney Jacob Sapochnick discusses a new rule, effective October 15, 2019, that expands the list of public benefits that make a foreign national ineligible to obtain permanent residence and/or an immigrant or nonimmigrant visa.

Overview: 

Receipt of certain public benefits by a non-citizen may render that individual ineligible to obtain: a visa to the United States, adjustment of status to permanent residence, or ineligible for admission to enter the United States.

The final rule defines a public charge as any alien who receives one or more designated public benefits for more than 12 months in the aggregate within any 36-month period.

Under the final rule, immigration will now be taking into consideration the following benefits to determine whether an individual is or is likely to become a public charge to the U.S. government:

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In this video attorney Jacob Sapochnick demonstrates how to complete USCIS Form I-864, Affidavit of Support.

What is the Affidavit of Support?

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.

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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.

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