Articles Posted in Green card

In this video, attorney Jacob Sapochnick discusses the 5 main ways to obtain permanent residence in the United States. Permanent residency allows a foreign national to live and work in the United States.

0:22 – 1. Family Based Immigration

0:56 -2. Employment Based Immigration

1:48 – 3. Investment Based Immigration – EB5

2:42 – 4. Diversity Green Card Lottery

3:26 – 5. Asylum and Special Immigrant Visas

Family-Based Sponsorship

The first and most common way to obtain a green card is through family based sponsorship where an immediate US Citizen relative files a petition for you the foreign national. There are generally 2 ways for a US Citizen to petition for an intending immigrant (1) file a petition with USCIS if the intending immigrant is residing inside of the United States, and entered the United States by lawful means through a U.S. port of entry and was properly inspected upon their entry or (2) if the intending immigrant resides outside of the United States, the beneficiary will need to go through consular processing to obtain an immigrant visa at a U.S. embassy or consular post abroad.

Certain extended family members (brothers and sisters) may also petition for a foreign national, however these visas are limited and subject to a waiting period according to the Visa Bulletin.

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Join attorney Jacob J. Sapochnick for a free online webinar hosted by SimpleCitizen this evening on Tuesday, February 27, 2018 from 6-7 p.m. (Pacific Standard Time) and 9-10 p.m. (Eastern Standard Time). Attorney Jacob Sapochnick will teach you how to apply for a marriage based green card and how your family members can obtain permanent residence.

In this free online webinar you will learn how to prepare, assemble, and submit an entire adjustment of status application. Throughout our practice we have filed thousands of adjustment of status petitions helping foreign nationals obtain permanent residence from all over the world.

Click here to sign up.

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In this video attorney Jacob Sapochnick answers your most frequently asked questions regarding the visa bulletin.


Family preference and employment immigrant categories are subject to numerical limitations and are divided by preference systems and priority dates on the Visa Bulletin. Applicants who fall under family preference or employment categories must wait in line until a visa becomes available to them in order to proceed with their immigrant visa applications. Once the immigrant’s priority date becomes current according to the Visa Bulletin, the applicant can proceed with their immigrant visa application.

What is a priority date?

priority date is generally the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS.

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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 post, Attorney Jacob Sapochnick Esq,  gives you his tips for a successful K-1 Fiancé Visa Interview.

Processing Times and Procedure: 

Since a K-1 visa can take anywhere from 6 months or longer, it is imperative that you submit an application well in advance of your intended date of travel. This will provide you with a buffer should your application take longer than expected.

Although a K-1 visa is a non-immigrant visa, the application process is very lengthy due to its inherent benefit of conferring immigrant status to the foreign fiancé(e) of a U.S. citizen. As a result, it is important to begin the process as early as you possibly can. This is especially critical, because United States Citizenship and Immigration Services (USCIS) processes applications on a first-come-first-served basis. Given that there are different stages involved in the K-1 visa process, this can potentially increase your overall wait time for the visa. For example, to begin the K-1 process, your U.S. fiancé(e) must first file a Form I-129F petition with USCIS, and it may take a couple months before USCIS approves the petition, depending on the number of cases ahead of yours.

To learn more about the K-1 Fiancé visa please click here.

Read our K-1 Fiancé visa guide here.

To schedule a free first time consultation please contact our office.

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In this video, attorney Jacob J. Sapochnick sits down with international business students studying at INSEAD, a graduate business school in France. Jacob asks them a burning question: Despite all of the obstacles foreign workers face in immigrating to the United States, and the President’s hard-line stance on immigration, are foreign workers still interested in living and working in the United States? Click here to join the conversation.

Why do you want to live and work in the US?From INSEAD 🇫🇷 France

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Tuesday, November 21, 2017

To learn more about the different visa services we offer please visit our website.

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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 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.

To schedule a free first time consultation with our office, please click here.

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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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