Articles Posted in Family Visas

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In this video, attorney Jacob J. Sapochnick Esq. discusses the birth tourism industry and potential implications. Although it is not illegal to come to the United States to have a child, seeking to profit by creating these birthing centers is illegal. It is also illegal for a person to obtain a United States visa by fraudulent means, or by misrepresenting the facts in order to obtain a U.S. visa. If you lie to an immigration officer about the reason you are coming to the United States, you may be banned from the United States preventing you from applying for any visas in the future.

INA 212(a)(6)(C)(i) bars an alien from receiving a visa or admission into the U.S. if this alien has previously obtained or attempted to obtain a visa, other documentation, admission or other benefit under the Immigration and Nationality Act (INA), by means of fraud or by willfully misrepresenting a material fact.

We urge our readers to be very cautious. Never misrepresent the facts. To protect yourself from fraudulent schemes, please contact an experienced attorney before investing thousands of dollars in a scheme that may prevent you from immigrating to the United States in the future.

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In this video, attorney Jacob J. Sapochnick Esq. answers one of your frequently asked questions: I overstayed my visa and I am now married to a U.S. Citizen. Am I eligible for a green card?

https://soundcloud.com/askanimmigrationlawyer/ep-21-overstayed-visa-and-now-married-to-an-american-citizen-can-she-still-get-green-card

Overview: 

I am married to a US Citizen but I came to the United States over 10 years ago, I overstayed my visa. Am I eligible to apply for a green card?

The good news is, even if you have overstayed or worked in the United States illegally,  if you are married to a US Citizen it is possible to legalize and apply for permanent residence. The key to determine your eligibility lies in the manner in which you entered the United States. To be eligible for permanent residence, you must have been inspected by a U.S. Customs Official at a U.S. Port of entry. In other words, you must have entered the United States legally and received an I-94 record of arrival/departure proving that you were inspected upon entry. If all goes well, the immigration officer will waive the overstay and illegal employment, at the time of your marriage interview if you can prove that you were inspected by showing your I-94. Any other grounds of inadmissability such as certain crimes, fraud, or willful misrepresentation may subject you to a bar for a certain period of time. In these circumstances, you will need to obtain a waiver before applying for permanent residence.

For a consultation please contact our office.

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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?

https://soundcloud.com/askanimmigrationlawyer/ep-22-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.

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In this video, attorney Jacob J. Sapochnick answers one of your frequently asked questions: I stayed overseas after my green card expired. Can I renew my green card?

https://soundcloud.com/askanimmigrationlawyer/ep-26-i-stayed-overseas-for-three-and-a-half-years-after-my-green-card-expired-can-i-renew-my-green-card

Overview: 

This is a very important question that we often receive from our followers. Although the green card is a permanent resident card, there are certain rules you must follow to maintain your permanent resident status. If you leave the United States for more than one year, without obtaining a re-entry permit (a document that would preserve your residency), you may risk losing your green card.

In this particular situation, a person who has been out of the country for three and a half years is now at risk of losing their permanent resident status. There are two issues that arise with this situation. The first issue is that it is not going to be possible to renew the green card from overseas. Secondly, even if the green card had not expired, trying to re-enter the United States after such a long period of absence could be a problem. This is because the presumption is that you have abandoned your permanent residency, having been out of the country for so long.

Generally, persons who have stayed overseas for more than a year, but who maintain a valid unexpired green card, may apply for re-entry to the United States by applying for a returning resident visa called SB-1 at a U.S. Consulate overseas. To be successful, you must prove that you had circumstances that were beyond your control requiring you to stay overseas. This may be difficult to prove if you have stayed overseas for a prolonged period of time. The less time you spend abroad after the year, the easier it will be to obtain the SB-1 visa. You must also show that you are not abandoning your permanent residency.

If your green card has already expired and you are overseas, it will be very difficult to re-enter the United States, especially if you have stayed overseas for a prolonged period of time. In this situation you should consult with an attorney to discuss your options based on your situation.

Recap:

  • If you leave the US for more than a year without getting, for example, a reentry permit you may lose your green card.
  • Two issues: not possible to renew it overseas and it could mean you abandoned your residency.
  • Three years is considered a long time; card now is deemed abandoned. Best thing to do is to consult an attorney.
  • If your green card has not yet expired and you have stayed overseas for more than one year, you may be able to apply for the SB-1 Returning Resident Visa.

For more information about the SB-1, please contact our office.

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In this segment, attorney Jacob J. Sapochnick tells you all about the visa bulletin. Who is it for? How does it work? Why do we need it? For more information about the visa bulletin, please click here.

https://soundcloud.com/askanimmigrationlawyer/ep-48-what-is-the-visa-bulletin

Overview: 

What is the Visa Bulletin?

The Visa Bulletin exists due to congressional numerical immigrant visa limitations for family-sponsored and employment-based preference categories established by the Immigration and Nationality Act (INA). The visa bulletin is for foreign nationals wishing to immigrate to the United States through a relative or employer. Family-sponsored preference categories are limited to a minimum of 226,000 visas per year, while employment-based preference categories are limited to a minimum of 140,000 visas per year. The Visa Bulletin is a useful tool for aliens to determine when a visa will become available to them so that they may apply for permanent residence.

You can check the status of a visa number by checking your priority date on the Department of State’s Visa Bulletin published every month. A priority date is the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS (Form I-130 Petition for Alien Relative or Form I-140 Immigrant Petition for Alien Worker).

Family-sponsored preference categories

Family based immigrant visas are divided into preference systems and priority dates. This refers to one of the various categories under which an individual qualifies for U.S. residency, and must wait for a visa to become available.

  • First Preference: unmarried sons and daughters of U.S. citizens. This category refers to the adult children of U.S. citizens or those who have reached the age of 21 years prior to issuance of the immigrant visa;
  • Second Preference: a) spouses and children under the age of 21 of U.S. permanent residents; b) unmarried sons and daughters over the age of 21 of U. S. permanent residents;
  • Third Preference: married sons and daughters of U.S. citizens;
  • Fourth Preference: brothers and sisters of adult U.S. citizens.

Employment-sponsored categories

  • First Preference:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
  • Second Preference:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:
  • Third Preference:  Skilled Workers, Professionals, and Other Workers
  • Fourth Preference:  Certain Special Immigrants
  • Fifth Preference:  Employment Creation: not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers (EB-5)

For more information regarding the immigrant process for family members and the Visa Bulletin please click here. For a legal consultation please contact our office to speak with our legal consultants.

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In this segment, attorney Jacob Sapochnick Esq., explains why we do what we do at the Law Offices of Jacob J. Sapochnick. For more information about our office and the services we provide please click here.

Overview: 

Since 2004, we have efficiently and conveniently served our clients located across the United States and around the world through the use of cutting-edge technology and other innovations, always maintaining the personal connection you have come to expect from us.

You can express your interest, or schedule an appointment by emailing us at info@h1b.biz. We are excited to expand our ability to help many more of you, as you seek to achieve your American dream of living and working in this great country, a nation of immigrants.

Looking back, it is hard to narrow the reasons for our firm’s success. So much goes into that, but the main three ingredients have to be the lawyers, staff and clients. I am amazed at the enduring relationships we have with our clients.

Our office has been blessed with a staff that is motivated, efficient and very capable. I also think it important that they are compassionate for our clients’ issues – this is more than a job for us all – it is a calling.

To learn more about our dedicated staff members please click here.

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In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: Am I eligible to file for adjustment of status inside the United States? For the answer to this question please keep watching. For more information about adjustment of status, please click here.

https://soundcloud.com/askanimmigrationlawyer/ep-20-am-i-eligible-to-file-for-an-adjustment-of-status-inside-the-us

Overview: 

Am I eligible to file for adjustment of status inside the United States?

In order to file for adjustment of status from a non-immigrant visa classification to legal permanent resident, several conditions must be met. If you do not meet any of the following conditions you cannot file for adjustment of status from inside the United States.

  1. First, in order to apply for permanent residence, you must be physically inside of the United States. If you are not physically present in the US you must obtain an immigrant visa at a United States Consular post abroad.
  2. Your Immigration petition must have already been approved (I-130 or I-140 Petition) before filing of the I-485 Application to Register Permanent Residence or Adjust Status (green card application).
  3. If your priority date is not current then you cannot file a petition for adjustment of status.

What does this mean?

A priority date is the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS. Immediate Relatives of US Citizens are generally not subject to numerical visa limitations. You can check the status of a visa number by checking your priority date on the Department of State’s Visa Bulletin published every month. The Visa Bulletin estimates immigrant visa availability for prospective immigrants.

4. If your priority date is not current then you cannot file a petition for adjustment of status until it becomes current.

5. You must have entered the US illegally and be able to prove that you entered legally (inspection documents such as I-94). There are exceptions to this rule such as section 245i

6. You must not have any changes in your circumstances (ex. change in employment; divorce before green card)

7. You must not be barred from the United States. If you have been subject to a bar because you attempted to enter the US illegally, departed the US voluntarily, are guilty of immigration fraud, willful misrepresentation, or other criminal issues you are likely inadmissible and cannot file for adjustment of status. A waiver may be available to individuals in these situations that will allow the immigrant to seek adjustment of status.

For more information please contact our office for a consultation.

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In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: My husband is a green card holder and I am an F-1 student. Can I stop school, stay, and work in the United States? For the answer to this question please keep watching. For more information about filing an I-130 as a green card holder, please click here.

https://soundcloud.com/askanimmigrationlawyer/husband-is-green-card-holder-wife-has-f1-student-visa-can-she-stop-school-stay-and-work

Overview: 

If I marry a permanent resident in the US, without any other visa, can I now stay, live, and work in the United States?

Unfortunately, you cannot live and stay in the United States, without any other visa, even if your husband is a legal permanent resident (LPR), who is planning to file Form I-130 Petition for Alien Relative on your behalf. The fact that your LPR spouse is going to file the I-130 petition on your behalf, is NOT going to allow you to stay in the United States on that basis alone. This is because, for permanent residents, spousal visas are subject to a numerical limitation.  Once the I-130 petition is filed, the immigrant spouse must wait until their priority date becomes current according to the visa bulletin. Once the petitioner becomes a US Citizen, a spouse visa then becomes immediately available. While their priority date becomes current, the immigrant spouse should remain in the United States in a different visa category, which in this situation would be in student visa status.

For more information please contact our office for a consultation.

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In this segment, attorney Jacob J. Sapochnick discusses the marriage based green card process for persons who entered the United States legally. To learn more about adjustment of status within the United States please click here. For information about employment-based green cards click here.

https://soundcloud.com/askanimmigrationlawyer/ep-28-what-is-the-marriage-based-green-card-process-for-persons-legally-in-the-us

Overview:

  • The process discussed is only for persons who entered the United States legally (those who were legally inspected through a United States port of entry);
  • If you did not enter the United States legally but are married to a United States citizen, you may qualify for a waiver if you have acquired only unlawful presence in the United States;
  • The US Citizen spouse and the intending immigrant must be legally free to marry. Pending dissolution proceedings in a foreign country will present a problem;
  • Both parties must reside in the United States in order to file for adjustment of status;
  • Once the civil marriage takes place, the USC spouse and intending immigrant must file several forms with CIS along with supporting documents (I-130, I-485, I-864, G-325A, etc.);
  • The intending immigrant will NOT be able to travel internationally until they are issued an advance parole by filing form I-131 with CIS. It takes approximately 90 days for an advance parole document to be issued from the receipt date of the I-131;
  • The intending immigrant will receive conditional permanent residence status if the marriage was less than 2 years old on the day they were given permanent residence;
  • If you have received conditional permanent residence status, you must remove the conditions within the 90 day window immediately before your permanent resident status expires;

For more information about the removal of conditions process please click here. For a consultation please contact us.

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In this segment, attorney Jacob J. Sapochnick discusses common reasons for green card denials. To read more about family-based green cards please click here. For information about employment-based green cards click here.

https://soundcloud.com/askanimmigrationlawyer/ep-68-what-are-the-reasons-for-green-card-denials

Overview:

There are generally two ways to apply for a permanent resident green card 1. through a qualifying family relationship and 2. through employment. Please note that special categories of green card applicants exist beyond these two options including obtaining a green card through 245i, the diversity immigrant visa program , the Violence Against Women Act (VAWA), Asylum, and based on a U visa.

There are several reasons a green card application may be denied which may include, but is not limited to the following: health, criminal, and security related issues, failure to demonstrate that the applicant will not become a public charge, failure to respond to a request for evidence by the required deadline, prior immigration violations, inability to meet the requirements for a green card, and not showing up to required immigration appointments.

If your green card application has been denied, you may be able to rescue your application by filing a motion to reopen. To assess your specific case please contact us for a consultation.

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