Articles Posted in Hiring an Immigration Lawyer

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 answers a frequently asked question: Can you lose your green card if you get divorced during the green card application process?

The answer is that it depends on where you are in the green card process.

As a preliminary matter, when you are married to a U.S. Citizen for less than 2 years, at the time of filing, you receive a conditional green card that is valid for 2-year period. In order to remain in the United States, you must remove the conditions on your green card before your conditional green card expires.

If you have been married for more than 2 years at the time of filing, then you will receive a green card that is valid for 10 years, and you do not need to remove your conditions.

If you divorce after obtaining your conditional green card, you can still remove your conditions to obtain the 10-year green card, despite having divorced. To read more about the removal of conditions process for applicants who have divorced please click here.

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The Trump administration recently announced new rules for expedited removal, the process of apprehending undocumented immigrants and removing them from the United States, without the opportunity to see a judge or attend an immigration hearing.

What is Expedited Removal?

Expedited removal refers to the fast track process of deporting an undocumented immigrant from the United States without an immigration hearing. This fast track removal process has been in effect since July 23, 2019.

Prior to this date, individuals apprehended within 100-miles of a U.S. border, present in the United States for less than 14 days, were not entitled to an immigration hearing prior to removal from the United States.

Under the new rules, a person who is unlawfully present anywhere in the U.S., for a period of less than 2 years, can be placed under expedited removal. If you have been unlawfully present in the U.S. for more than 2 years, then you must provide documentary evidence of your physical presence during that time to avoid expedited removal.

Expedited removal is part of a larger effort to deter illegal immigration and prevent American employers from hiring undocumented immigrants.

For more information about expedited removal please click here.

Don’t forget to download our free e-book, the Five Ways to Get a Green Card in the United States here.

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In this video attorney Jacob Sapochnick discusses upcoming changes to the EB-5 Immigrant Investor Program.

Under a new rule published by the U.S. Department of Homeland Security, several changes to the EB-5 Immigrant Investor Program will go into effect on Nov. 21, 2019.

The new rule modernizes the EB-5 program by:

  • Providing priority date retention to certain EB-5 investors;
  • Increasing the required minimum investment amounts to account for inflation;
  • Reforming certain targeted employment area (TEA) designations;
  • Clarifying USCIS procedures for the removal of conditions on permanent residence; and
  • Making other technical and conforming revisions.

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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 discusses recent immigration raids in the state of Mississippi that led to the arrests of 680 undocumented immigrants at several worksite locations across the state.

ICE was able to obtain search warrants prior to the raids, which enabled them to conduct these raids and arrest undocumented workers.

These raids occurred ahead of stricter compliance standards announced by USCIS penalizing employers hiring undocumented workers. These raids come as a sign that USCIS will be getting tougher on employers, and on employees working unlawfully in the United States.

What will happen to the employees that were arrested?

These individuals will be questioned to determine whether they are undocumented and whether they are working in the United States illegally. If an individual is determined to be in the United States illegally then that individual will go through the normal process of being removed from the United States.

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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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En este video, el abogado Jacob Sapochnick explica el proceso para aplicar para la visa TN a base del Tratado de Libre Comercio de America del Norte, de Mexico, y Canada.

Que es la visa TN?

La clasificación no inmigrantes TN permite que los ciudadanos canadienses y mexicanos soliciten entrada temporal a los Estados Unidos para dedicarse a actividades comerciales a nivel profesional. El Tratado de Libre Comercio de América del Norte (NAFTA, por sus siglas en inglés) hace posible la entrada de estos profesionales.

Quien es elegible?

Entre los profesionales que son elegibles para admisión como No Inmigrantes T están los contables, ingenieros, abogados, farmacéuticos, científicos y maestros.  Usted puede ser elegible para obtener el estatus de no inmigrante NT si:

  • Es ciudadano de Canadá o México
  • Su profesión califica bajo la reglamentación
  • El puesto de trabajo en los Estados Unidos requiere un profesional NAFTA
  • Usted tiene un preacuerdo con un empleador estadounidense para un trabajo a tiempo completo o a tiempo parcial (no puede estar empleado por su cuenta – vea a continuación la documentación requerida), y
  • Tiene las calificaciones para practicar su profesión.

Cual es el periodo de estadia?

El periodo inicial de estadia es 3 años. Si usted desea permanecer mas tiempo de el período inicial de estadía sin salir del país, usted debe solicitar una extensión de estadía.

Proceso

Si usted es ciudadano mexicano, debe aplicar para la visa TN directamente en la Embajada o Consulado estadounidense en México.

Una vez se le haya aprobado la visa TN, deberá solicitar admisión en el puerto de entrada estadounidense designado o la estación de registro de pre despacho de aduana/ pre vuelo designada.

Para mas informacion, llámenos para una consulta.

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In this video attorney Jacob Sapochnick discusses how to file the perfect PERM application.

What is PERM?

The Program Electronic Review Management (PERM) is the system used by immigration to process labor certifications, which is the first step certain foreign nationals must take in order to obtain an EB-2 or EB-3 visa immigrant visa.

As part of the PERM process, the petitioning employer must go through a series of recruitment activities to test the labor market before filing a labor certification application. If, during the recruitment process, the employer finds that there is not a sufficient number of able, qualified, and willing applicants, whether U.S. citizens or permanent residents, then the employer can submit a PERM labor certification application.

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In this video attorney Jacob Sapochnick will show you how you can check the processing times for the I-751 Removal of Conditions and Form I-90 Application to Replace Permanent Resident Card.

What is the I-751?

Form I-751 Petition to Remove Conditions on Residence is a form that must be filed by conditional permanent residents to remove their conditions and receive the ten-year permanent resident card.

At the moment, the I-751 Petition is taking longer than expected to be adjudicated by USCIS. As a result of these delays, on June 11, 2018, USCIS began issuing receipt notices extending an applicant’s conditional permanent resident status for a period of 18 months, as opposed to 12 months.

It is not uncommon however for some petitions to take longer than 18 months to be processed, especially in the case of an I-751 waiver of the joint filing requirement.

It is important to note that processing times vary by service centers. There are five service centers that process and adjudicate the I-751 petition. These service centers include: California, Nebraska, Potomac, Texas, and Vermont.

Please follow along on the CIS website to find out how you can check the processing times based on these service centers.

What is the I-90?

The I-90 application is used by lawful permanent residents to apply for replacement or renewal of existing Permanent Resident Cards.

The Potomac service center is the only service center currently processing I-90 applications.

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