Articles Posted in Immigrants

In this video attorney Jacob Sapochnick discusses immigration options for foreign nurses.

Overview: 

At the moment it is quite difficult for foreign nurses to immigrate to the United States because of how strict immigration officials are being in adjudicating these petitions.

While there are rigorous requirements that must be proven to immigrate to the United States, the demand for nurses in the United States continues to grow. Therefore, there is a still a need for foreign nurses to come and work in the United States.

The good news is that the immigration backlog for nurses is decreasing. The time that a nurse must wait to work in the United States depends on the nurse’s country of nationality.

So, how can a nurse get a visa to come to the United States?

There are generally two ways that a foreign nurse can come and work in the United States.

Option 1:

Green Card: A nurse may come to work in the United States if their employer files a petition on their behalf specifically on Form I-140 Immigration Petition for Alien Worker. Once the I-140 is approved, the nurse may apply for an immigrant visa under the EB-3 category for nurses once the I-140 priority date becomes current on the visa bulletin. This process culminates in an interview at the U.S. Consulate for the immigrant visa.

Option 2:

H-1B: A foreign nurse who has a Master’s or Bachelor’s degree, plus five years working experience, and is seeking to work in a specialty occupation (for example as managers or nurse practitioners) may apply for the H-1B work visa.

Option 3:

TN Visa: A foreign nurse from Canada or Mexico may apply for a TN visa.

Most nurses come to the United States by being petitioned for a green card directly by their employer.

What is required for this option?

  • The foreign nurse must have a visa screen which is an evaluation of educational equivalency by the CGFNS (Commission on Graduates of Foreign Nursing Schools)
  • The foreign nurse must establish English proficiency by passing either the Test of English as a Foreign Language (TOEFL) www.toefl.com or International English Language Testing System (IELTS, academic version) www.ielts.org.
  • The foreign nurse must also pass the state licensing exam and the NCLEX (National Council Licensure Examination)
  • The foreign nurse must have a job offer and
  • The employer must be willing to sponsor the foreign nurse for permanent residency
  • The employer must be willing to pay the prevailing wage of the location where the foreign nurse will be working

For more information please contact us at jacob@h1b.biz.

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In this video, attorney Jacob Sapochnick speaks with personal injury attorney Mitch Jackson and gives viewers insights on how to secure a job in the United States as a foreign worker, how to penetrate the market, and stand out from the crowd.

Overview: 

  • Begin researching the different employment visa types to determine which visa is right for you depending on your level of education, skill, and the field that you want to work in. For example if you are a software engineer the H-1B visa will be a good option for you, if you want to start your own business an E-2 visa may be right for you. Once you have done some preliminary research, reach out to an immigration attorney to discuss the pros and cons of different visas that may be available to you
  • Understand the requirements for the visa you would like to obtain so that you can explain the process to a potential employer
  • Attend as many networking events as possible in your particular industry, if possible in the United States
  • Use social media to reach out to potential employers
  • Show employers how you can build value for their business
  • Carefully tailor your resume/build a website to show employers your credentials

For more tips please keep watching.

To purchase Jacob’s book My American Job please click here.

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In this video attorney Jacob J. Sapochnick answers your immigration questions live on Facebook.

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Saturday, February 18, 2017

In this session, Jacob discusses what is new in immigration, and answers your immigration questions relating to applications for permanent residence (I-485 adjustment of status), H-1B visas, citizenship, traveling outside of the United States as a permanent resident, global delays in visa issuance, the future of DACA under the Trump administration, consequences of overstaying your visa, and much more.

Please remember to follow us on FacebookYoutubeTwitter, and Instagram to catch our next live stream. If you have any questions please contact our office or e-mail jacob@h1b.biz.

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En este video, Melina Rodriguez, de la oficina de Jacob Sapochnick habla de las nuevas ordenes ejecutivas firmadas por el Presidente Donald Trump que afectan a los inmigrantes y extranjeros. Para mas informacion sigan el enlace. Como siempre si usted tiene una pregunta migratoria o necesita una consulta legal, llámenos hoy para su primer cita gratuita. Tenemos hispanohablantes para servir a nuestra comunidad hispana.

Ordenes ejecutivas migratorias. ¿Como afectan a los extranjeros?

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Wednesday, February 1, 2017

Para mas informacion sobre los servicios que nuestra oficina ofrece, visite nuestro sitio de web aqui. Es nuestro placer poder contar con su confianza. Nuestro equipo esta aqui para servirles con cualquier incertidumbre.

Recuerde que nos puede encontrar en FacebookYoutubeTwitter, and Instagram.

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In this live stream, attorney Jacob J. Sapochnick discusses the executive orders handed down by Donald Trump and the impact these executive orders will have on immigrants. The most controversial of the executive orders is the order “Protecting the Nation from Terrorist Attacks by Foreign Nationals” that was handed down by President Donald J. Trump on January 27, 2017. The order temporarily bans the entry of immigrant (LPRs) and non-immigrants (visa holders) from Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen for a 90-day period, suspends the entry of Syrian refugees indefinitely, and terminates the visa waiver interview program.

Yesterday, January 28, 2017 a federal judge granted an emergency stay on this executive order. The stay will prevent the executive order from being enforced until a court can decide whether it is legal. The stay does not invalidate the executive order signed by Trump, but limits its enforcement on individuals who have already arrived in the United States. Individuals who have attempted to enter on valid visas, refugee status, or LPR status from the 7 majority Muslim countries must be released from detention.

President Trump Executive Orders on Immigration: discussion live

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Friday, January 27, 2017

Below is a summary of the main provisions of the order per the OFFICIAL signed executive order:

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In this Facebook live stream, attorney Jacob J. Sapochnick discusses your frequently asked immigration questions and the impact of the election on immigration. For more information just keep on watching.

https://www.facebook.com/myimmigrationlawyer/videos/10154709922723766/

Overview: 

The topics covered in this immigration live stream include:

  • The possible cancellation of the Deferred Action for Childhood Arrivals Program (DACA). Can Donald Trump remove the program?
  • Family Unity and the Visa Bulletin
  • Will anything be done to improve processing times for family visas?
  • What are the requirements for the I-601 waiver? Will I qualify?
  • Options for persons in removal and persons fearing deportation
  • What can we expect to happen with the work visa programs?
  • Will there be more restrictions/security presence at the border?
  • Is this a good time to apply for citizenship?
  • Immigration options for undocumented persons married to a U.S. Citizen and who have U.S. Citizen children
  • Increases in filing fees beginning December 23, 2016
  • Will the diversity visa lottery program be cancelled?
  • Will cases that are currently pending with USCIS be negatively affected by a Trump administration?
  • What will be the impact of Sanctuary Cities? Will Sanctuary Cities protected undocumented immigrants?
  • Can the President ban Muslims from the United States?
  • What can you do to make your voice heard and make a difference?
  • Immigration options for entrepreneurs and more!

Like our Facebook page in order to ask your immigration questions during our next live stream.

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

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In this video, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: I am an undocumented immigrant that has been living in the United States for the past 15 years. I have used a different name on all of my legal documentation. How will this affect me if there is immigration reform?

Overview: 

Question: I’ve been living and working in the United States for the past 15 years. I’ve worked using someone else’s security number and I have been paying my taxes, but I don’t have any records or documents with my real name, how is this going to affect me in the future when I try to qualify for immigration reform?

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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.

Overview: 

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.

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In this video, attorney Jacob J. Sapochnick discusses job search tips for foreign workers. This video will teach you how to find a job in the United States as a foreign national, how to present yourself to employers as a foreign national, and what to do and what not to do as a foreign national seeking employment opportunities in the United States.

Overview:

This is an issue that many of our clients and foreign job seekers are facing. Many people come to me asking for my help to get them a visa but the problem is that they have not secured a job in the United States. Many people realize that this is kind of like a Catch 22. If you are a foreign worker without a work visa you are not able to get a job. So if you don’t have a work visa how are you able to find a job?

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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. During the STOKES interview the US Citizen petitioner is separated from the foreign spouse for questioning. The STOKES interview is typically scheduled when couples do not provide enough evidence of bona fide marriage and cohabitation, or when the testimony provided by the couple during the first interview contains discrepancies and/or is inconsistent. 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 this segment we talk you through the STOKES interview process, and tell you how you can avoid such an interview. For more information regarding the green card application please visit our website.

Overview

Before a green card may be issued to any foreign national, the applicant must attend what is known as the green card interview. In the case of applying for adjustment of status on the basis of marriage to a US Citizen or LPR spouse, the couple must attend the green card interview together. At the time of the interview, the immigration officer will ask the couple to present evidence of good faith marriage and cohabitation. The burden of proof lies on the applicant to prove that they entered their marriage in good faith and not for the purposes of obtaining an immigration benefit or evading the laws of the United States. Failure to provide substantial evidence of good faith marriage, and proof that you have been residing with your spouse throughout your marriage, may result in a STOKES interview. USCIS immigration officers are trained to spot any inconsistencies and/or discrepancies that may arise during the green card interview. To avoid the STOKES interview it is important to organize your evidence and prepare with an attorney before hand.

Typically a STOKES interview notice is issued after the couple has attended the first interview. The couple is interviewed for a second time to address inconsistencies and/or discrepancies that arose during the first interview session. STOKES interviews are stressful, extensive, and have been known to last up to 8 hours depending on the complexity of the case. It is best to avoid the situation entirely and attend your green card interview with an experienced attorney, who can prepare you and perform a “mock” interview with you and your spouse to identify any potential issues.

Our office has extensive experience preparing for and attending STOKES interviews. It is important to provide as much evidence of “good faith” marriage and cohabitation as possible to avoid such interviews.

For a free consultation please contact us.

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