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.
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The U.S. employer must prove that hiring the foreign national will not adversely affect current labor available to U.S. workers—this requires the employer to undergo a labor certification process or PERM with the Department of Labor.
Labor certification requires the employer to go through the process of testing the labor market through a process of advertising.
Step 1: The Employer must apply for PERM or Labor Certification with the Department of Labor for the position offered. Once the Department of Labor issues the certification, the Employer may begin the advertising process for the position.
Step 2: Once the PERM Labor Certification has been approved, the Employer can file the I-140 petition with USCIS
In this video attorney Jacob J. Sapochnick answers your frequently asked questions regarding adjustment of status based on marriage.
Frequently Asked Questions
Can we do the process inside the United States? This depends. If both the foreign spouse and U.S. citizen spouse reside in the United States legally, then the foreign spouse can apply for adjustment of status within the United States. The foreign spouse’s legal entry is key. If the foreign spouse is living abroad and is not authorized to live in the United States, then the foreign spouse must apply for an immigrant visa at a U.S. Consulate abroad to immigrate to the U.S. This process is very different from adjustment of status. Please click here to read more about the consular process.
How long does the adjustment of status process last? From the moment you file the adjustment of status application until the time you receive an appointment for an interview, it takes approximately 4-5 months to adjust your status to permanent resident. This time frame varies by state and by USCIS’s caseload at the time you filed your application.
How much money does it cost to file the adjustment of status? Regardless of whether you file with an attorney or without an attorney, you will need to pay filing fees: $535 for the Form I-130 and $1,225 for Form I-485 (includes $85 biometrics fee) for a total of $1,760. Certain individuals may be eligible for a fee waiver. If you apply with an attorney you will also need to pay the attorney’s fees to prepare the application.
Can I still apply for adjustment of status if I have a criminal background? This depends on the type of criminal conviction, when it happened, and other factors. If you have a criminal background speak with an attorney about your situation.
How much money does my US citizen spouse need to make to sponsor me?The amount of money your spouse needs to make will depend on their household size and the poverty guidelines. Every year USCIS publishes the HHS Poverty Guidelines for the Affidavit of Support which establishes how much money a sponsor needs to make based on their household size to sponsor the immigrant. You must review the poverty guidelines to know how much money you will need to make. For more information about how to do this please click here.
Remember that if you have any questions you may contact our office for more information or e-mail firstname.lastname@example.org.
In this video attorney Jacob Sapochnick speaks at an informational immigration seminar in Istanbul, Turkey. In the seminar, he discusses his book My American Job, which teaches foreign born immigrants how to navigate the complicated process of immigrating to the United States and how they too can make the American dream possible for themselves, as well as different immigration options for highly skilled professionals, entrepreneurs, start up companies, and many other immigration classifications. To learn more just keep on watching.
Coming to America for entrepreneurs – Live from Istanbul
To read more about the different visa types and immigration classifications please visit our website. If you need more information regarding your eligibility for a particular visa, please contact our office, to schedule a free first time consultation.
It is our pleasure to introduce you to our in-house attorney Marie Puertollano. From preparing clients for their citizenship and marriage interviews to successfully filing I-601A waivers and I-360 applications, Marie Puertollano Esq. is an attorney that wears many hats.
Marie Puertollano specializes in processing various types of applications with USCIS including the successful processing of H1-B’s, I-751 waivers, religious worker visas, asylum, I-601A waivers, F-1 reinstatement, B-2 tourist visitors, B-1 business visitors, H-3 trainees, I-360 abused spouses, etc.
Bio: Marie Puertollano was born and raised in France. She earned two Master Degrees in Law at California Western School of Law; one in France in Public Law and one in the United States in Comparative Law (LL.M). Marie Puertollano is fluent in French, English and Spanish. Marie has been with the law offices of Jacob Sapochnick since March 2012.
Marie developed a passion for the protection of immigrants’ rights, while being a social worker in Gainesville, GA. Marie worked with an organization helping battered women to obtain their visa and for an organization helping detained and non-detained people seeking cancellation of removal proceedings.
In her spare time she enjoys spending time with her family, swimming, biking, and dancing. She regularly serves food to the homeless and is a motivational speaker.
In this video attorney Jacob J. Sapochnick discusses the new decision in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) handed down by the USCIS Administrative Appeals Office (AAO) which has changed the analytical framework for determining eligibility of national interest waivers. This new decision will affect foreign nationals who are pursuing a green card based on employment in the EB-2 category, and who are eligible for a “national interest waiver.”
The new three-prong test established by Matter of Dhanasar is a more flexible standard that will allow a broader population of foreign nationals in the EB-2 category to qualify for the discretionary national interest waiver. Under the new test, the EB-2 petitioner must meet all criteria established by the new test by a preponderance of the evidence. USCIS must determine whether on the whole the petitioner demonstrated by strong evidence that the requirements for the discretionary waiver were met.
The NEW three prong-test established by Matter of Dhanasar is as follows:
The foreign national’s proposed endeavor must have both substantial merit and national importance. Dhanasar indicates that under this first criterion, a wide number of employment fields may qualify for a discretionary waiver such as: business, entrepreneurialism, science, technology, culture, health and education. Dhanasar does not require that the petitioner show that the endeavor will bring immediate or quantifiable economic benefit to the United States. Providing such evidence however may help meet the preponderance of the evidence standard to the petitioner’s benefit. Under this criterion, the petitioner is still required to show that the proposed endeavor has “national importance,” or is “national in scope” as in Matter of New York State Department of Transportation. Endeavors that may be considered as being national in scope are those that have a significant potential impact for job creation or substantial potential for economic growth, and which are focused in an “economically depressed area” such as an area of unemployment, or economically disadvantaged region.
The foreign national must be well positioned to advance the proposed endeavor.This criterion will be analyzed by assessing the foreign national’s education, skills, knowledge and proven record of success in related or similar efforts. Other ways in which this prong can be proven is by providing a model, diagram, or plan for future activities, evidence of progress in reaching the endeavor, and evidence demonstrating interested stakeholders. The petitioner does not need to assess whether the endeavor will succeed.
On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements of the EB-2 category. In assessing this prong, the endeavor’s importance will be weighed against the national interest and be based upon the overall benefit the United States will receive from the foreign national’s contributions. USCIS may also consider other factors to determine whether granting the discretionary waiver would be beneficial to the United States taking into consideration whether there are any qualified U.S. workers who can undertake the endeavor, and whether there is a sufficient national interest to justify a waiver of the job offer and labor certification requirement.
If you have questions about this new decision contact us for a free consultation.
Attorney Charles Ward has been a long time attorney at the Law Offices of Jacob J. Sapochnick. Charles received his Doctorate in Jurisprudence from Southern Methodist University graduating Cum Laude. He has been a California licensed attorney since 1997 and is also licensed to practice before the Federal Court system. His area of expertise includes Immigration and Family Law. Charles Ward is a stand-out member of our team and is known for his professionalism, compassion, infectious laughter, and colorful personality.
At the Law Offices of Jacob J. Sapochnick Charles handles cases that are in removal proceedings, including Asylum, Adjustment of Status, and Voluntary Departure. Mr. Ward also helps clients prepare for courtroom hearings, trials, green card interviews, fraud interviews, citizenship interviews, and much more. Mr. Ward is an active member of the San Diego County Bar Association and served as President of the “Small Firms & Solo Practitioners” section.
Outside of the office, Charles enjoys swimming in the ocean, hiking, traveling, and going to sporting events.
To learn more about the dedicated staff members serving and supporting our clients here.
To schedule a free consultation please contact us.
Welcome to the Law Offices of Jacob Sapochnick. Where Your Immigration is Our Passion.
For over 10 years our office has provided outstanding legal immigration services to clients from all over the world. Unlike other law offices, we provide personable service, communicating with our clients every step of the way. Thanks to our great team, our office has succeeded in obtaining approvals for thousands of immigration petitions. Whether you are an international investor, entrepreneur, fiance of a US Citizen, or are interested in an employment visa, our office has you covered.
To learn more about our office and the services we offer please visit our website.
Want to learn more about the Law Offices of Jacob Sapochnick? Please keep watching.
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 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.
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.