In this segment, attorney Jacob J. Sapochnick discusses one of our most frequently asked questions: can same sex couples apply for immigration benefits?
– Yes, it is possible for a qualifying relative to apply for immigration benefits for their spouse if the marriage is valid by the laws of a state allowing same sex marriage to take place.
– If the above is true, same sex couples can marry and proceed with immigration benefits.
– Even if you don’t live in a state that allows same sex couples to marry, as long as you married in a state that does allow same sex marriage, you can proceed with your federal benefits.
Want to know what’s new on the November Visa Bulletin? In this segment attorney Jacob J. Sapochnick discusses the new changes including the dual chart system, family-based preference categories, and EB visa updates for China, India, Mexico, Philippines.
Entered the country illegally and now married to a US Citizen? Watch the video below for more information on the possibility of applying for a green card.
– There is a big difference in having entered the United States illegally and entering the country legally but remaining in the United States past your authorized stay as indicated on your visa
– The process outlined in this video outlines information to be followed if you entered the US without inspection after April 2001; before this date section 245 of the law can be used to adjust status in US
– In 2013 a new waiver was introduced allowing aliens to seek a pardon if the only offence is an overstay
If you are ready to get started please call our office.
In this post attorney Jacob J. Sapochnick discusses the new changes to the October visa bulletin and how these changes can affect your family based or employment based petition.
The October 2015 Visa Bulletin from the U.S. Department of State shows a newly revised system of dual cutoff dates.
As of October, the visa bulletin contains a new, separate cutoff date chart for filing the application for adjustment (form I-485). The cutoff dates in the filing chart are much later than the final action cutoff date chart.
For example, the employment-based, second preference (EB2) for China’s cutoff date for filing in October is May 1, 2014, while the cutoff date for final action is January 1, 2012.
This is a HUGE change, effective as of October 1, 2015, and applies to both the employment-based and family-based categories.
In this episode, attorney Jacob J. Sapochnick, discusses one of our most frequently asked questions: How to apply for an I-601 Extreme Hardship Waiver. For more information click below. It is our pleasure to assist you.
In this episode, attorney Jacob J. Sapochnick, discusses one of our most frequently asked questions: What is the purpose of the affidavit of support Form I-864? Click below to hear more.
– Form I-864 must be filed by the Petitioner or sponsor of a family-based US green card petition
– The purpose of the Affidavit of support is to ensure the government that the immigrant is not inadmissible
– Financial obligations of a Petitioner or sponsor are lifted once the permanent resident reaches 40 social security quarters which equates to about 10 years of work- must have been earned lawfully- once the sponsored immigrant becomes a US Citizen, if the sponsored immigrant dies, or if they cease to have lawful status in the US and depart
In this episode, attorney Jacob J. Sapochnick, discusses one of our most frequently asked questions: Can petty theft affect my application for a green card?
Important points to consider:
– Be truthful and disclose any crime on the I-485 application. Failure to do so could be a problem.
– In most cases in most jurisdictions it will not be a problem as long as it’s fully disclosed.
– If it’s one offence, and as long as all the fines and rehabilitation programs has been completed, there is actually an exception.
For additional questions pertaining to crimes that can make you inadmissible please call our office.
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.
Immigration Lawyer Blog
