Articles Posted in Global Immigration Stories

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In this video, Attorney Jacob Sapochnick Esq,  will explain the process of applying for an L1A & B Visa

For more information and eligibility questions please contact our office.  Remember to follow us on Facebook, Youtube, Twitter, and Instagram 

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In this video, Attorney Jacob Sapochnick Esq,  will explain how to legalize an illegal spouse.

For more information and eligibility questions please contact our office.  Remember to follow us on Facebook, Youtube, Twitter, and Instagram 

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In this video, Attorney Jacob Sapochnick Esq, will explain what a National Interest Waiver provision is and eligibility.

For more information and eligibility questions please contact our office. Remember to follow us on Facebook, Youtube, Twitter, and Instagram

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In this video, Attorney Jacob Sapochnick Esq,  will explain the I-601A waiver process for a spouse that is outside of  the United States.

Who is not eligible to apply for a provisional waiver in the United States?
According to the new rule, the following persons are not eligible to apply for a provisional unlawful presence waiver:

If the applicant is under 17 years old; if the applicant is in removal proceedings, unless the removal proceedings are administratively closed and have not been recalendared at the time of filing the Form I-601A, if the applicant is subject to a Provisional Unlawful Presence Waiver; If USCIS has reason to believe that the applicant may be subject to any other grounds of inadmissibility other than unlawful presence; if the applicant is subject to a final removal order or a final order of exclusion or deportation; if the applicant is subject to reinstatement of a prior removal order; if the applicant does not have a case pending with the Department of State, based on the approved immediate relative petition, or has not paid the immigrant visa processing fee;  if the Department of State initially acted to schedule the immigrant visa interview prior to January 3, 2013 for the approved immediate relative petition on which the provisional unlawful presence waiver is based, even if the interview has since been cancelled or rescheduled after January 3, 2013; (NOTE: The actual date and time that the alien is scheduled to appear for the interview is not relevant for the eligibility determination. This rule applies even if the alien failed to appear for his or her interview, cancelled the interview, or requested that the interview be rescheduled.) if the applicant has a pending Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS. (NOTE: Individuals who are eligible to obtain LPR status while inside the United States through the adjustment of status process do not need the provisional unlawful presence waiver. The provisional unlawful presence waiver is only valid for the purpose of seeking an immigrant visa outside the United States.)

For more information and eligibility questions please contact our office.  Remember to follow us on Facebook, Youtube, Twitter, and Instagram 

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In this post, Attorney Jacob Sapochnick Esq,  will address one of our most frequently asked questions for Same Sex Marriage and Green Cards: Is Proof of Real Marriage Required, Standard of Proof?

Statement from Secretary of Homeland Security Janet Napolitano on July 1, 2013:

“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”

What about immigration benefits other than for immediate relatives, family-preference immigrants, and fiancés or fiancées? In cases where the immigration laws condition the benefit on the existence of a “marriage” or on one’s status as a “spouse,” will same-sex marriages qualify as marriages for purposes of these benefits?

Yes. Under the U.S. immigration laws, eligibility for a wide range of benefits depends on the meanings of the terms “marriage” or “spouse.” Examples include (but are not limited to) an alien who seeks to qualify as a spouse accompanying or following to join a family-sponsored immigrant, an employment-based immigrant, certain subcategories of nonimmigrants, or an alien who has been granted refugee status or asylum. In all of these cases, a same-sex marriage will be treated exactly the same as an opposite-sex marriage.

For more information click here to go to our website. For legal advice please contact our office. Also remember to follow us on Facebook, Youtube, Twitter, and Instagram 

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In this post, Attorney Jacob Sapochnick Esq,  will explain the process of immigrating a foreign spouse to the United States utilizing ShowMe drawing technology.

The first part of the process is to file the marriage petition I-130 with USCIS.

Once approved, the following steps take place after you have submitted all required forms and documents to the NVC: 

Step 1

If you are the beneficiary of an I-130 petition, you should contact your petitioner to ensure that they have completed Affidavit of Support Processing.

Step 2

Once the NVC has received your forms and documents, the NVC will review your immigrant visa application and may request additional information from you.

Step 3

Approximately one month before your visa interview appointment, you will receive an appointment letter containing the date and time of the interview, along with instructions for obtaining a medical examination.

For more information on filing an I-751 Waiver please contact our office. Remember to follow us on Facebook, Youtube, Twitter, and Instagram 

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In this video Attorney Jacob J Sapochnick Esq., discusses potential visa pathways for foreign entrepreneurs. Non-immigrant visa pathways may allow foreign entrepreneurs to explore or start a new business in the United States. The immigrant visa pathways may allow foreign entrepreneurs who have already started or are about to start a new business in the United States to immigrate permanently to the United States.

For more information about visa options for entrepreneurs please contact our office.

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UK Border Agency reported that from 16th January 2012 all UK visa applicants in Singapore will be required to pay for their visa online as part of the online application process using either a Visa card or MasterCard. In addition to credit cards, this includes debit cards and pre-paid cards, bearing the Visa and MasterCard logos. Other methods of payment will not be accepted from this date.

Once you have applied and paid for your visa online you will still need to visit the visa application centre to submit your documents and provide your biometrics (fingerprints and digital photograph). Appointments to attend the visa application centre should be booked online on completion of the online application form.

The integration of payment into the online system will provide a more streamlined visa application process and is part of a wider move to allow almost all applicants to apply and pay for visas online by 2013/14.

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U.S. Citizenship and Immigration Services (USCIS) is enhancing the filing process for select forms dealing with naturalization and citizenship (N-Forms). Beginning Oct. 30, 2011, the new process will allow individuals to file N-Forms at a secure Lockbox facility instead of our local offices. This change streamlines the way forms are processed, accelerates the collection and deposit of fees and improves the consistency of our intake process.

Individuals should begin submitting affected forms directly to the appropriate Lockbox beginning Oct. 30, 2011. Forms received by local USCIS offices during a transition period between Oct. 30 and Dec. 2, 2011, will be forwarded to the USCIS Lockbox facility for processing. Forms received at local USCIS offices after Dec. 2, 2011, will no longer be forwarded but will be returned to the individual with instructions on how to re-file at a designated USCIS Lockbox facility. USCIS will centralize intake of Forms N-336, N-600 and N-600K at the Phoenix Lockbox facility. The Dallas Lockbox facility will handle the Form N-300. Individuals filing Form N-400, Application for Naturalization, already file at a Lockbox facility.

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Specialist jobs that are no longer required in the UK will be removed from a government-approved list that helps to ensure the UK only accepts migrant workers that the country needs.

The shortage occupation is part of the Tier 2 immigration route via the Points Based System. Highly skilled migrants from outside the European Economic Area (EEA) seeking to work in the UK must apply for visas via this route. The government today accepted recommendations from the independent Migration Advisory Committee (MAC) that will see the number of jobs covered by the list drop by 40,000, bringing the total down from 230,000 to 190,000. Only a minority of these jobs will be filled by migrant workers.

The MAC recommended the changes where evidence from a range of industries and sectors showed resident workers are available to fill the vacancies. Immigration Minister Damian Green said:
‘Alongside our limits on overseas workers we are also taking action to provide businesses with the skills they need from the British workforce and reduce their need for migrants. We want the brightest and the best people from outside the EU with the skills we can benefit from in the UK.’
Occupations that the MAC recommended be removed from the list include:
– secondary education biology teachers;
– speech and language therapists;
– pharmacists;
– orthoptists;
– veterinary surgeons; and,
– rank and file orchestral musicians.

Added to the list will be:
– actuaries;
– high integrity pipe welders;
– environmental scientists; and,
– geochemists
The government has accepted the MAC’s recommended list in full however, rank and file orchestral musicians will not be removed from the list immediately, until further discussions take place with the industry to discuss the resident labor market test.

The revised list will come into effect from 14 November 2011. This means that:
– For applications covered by the annual limit, the new list will apply to all applications by Tier 2 sponsors for restricted certificates of Sponsorship made on or after 14 November 2011.

– For applications outside the annual limit, the new list will apply to all unrestricted certificates of sponsorship assigned to migrants on or after 14 November 2011.

Employers can only bring someone into the UK under Tier 2 if the job is on the shortage occupation list or if they pass a resident labor market test (no suitable resident workers apply after advertising the job in the UK first for 4 weeks).