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?
A priority date is generally the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS.
In this segment, attorney Jacob Sapochnick Esq., discusses an example of an I-601 Waiver. For more information about waivers of inadmissibility please click here.
An I-601 Application for Waiver of Grounds of Inadmissibility allows a non-citizen alien to immigrate to the United States, adjust their status to permanent residence, or seek admission to the United States in a nonimmigrant status, if certain grounds of inadmissibility, circumstances, or conduct prevent them from being otherwise admissible. The I-601 application applies to certain aliens who believe they are ineligible for admission to the United States based on certain grounds of inadmissibility.
I-601 Success Story
Maria, a Mexican citizen, was brought to the United States unlawfully at only 3 years of age. She lived here in the United States all of her life. She attended high school and college in the United States. She and her US Citizen husband came to our office and told us that they wanted to legalize her status in the United States. We analyzed her case and told the couple that in order to legalize her status, they would need to file the I-601 waiver. We also discussed the risks associated with the I-601 waiver. When filing the I-601 waiver, the applicant (Maria) is required to leave the country. When an undocumented immigrant leaves the country, they run the risk of being barred from re-entering the United States. Maria and her husband decided to file the application despite these risks. Maria was able to file a waiver based on her marriage to a US Citizen, and the fact that she had no immigration violations other than the accrual of unlawful presence. Our office filed the I-130 petition. Once approved the petition was sent to the National Visa Center and Maria was assigned an interview in Ciudad Juarez. She attended the interview and as expected she was denied, because she entered the US unlawfully. After this, our office submitted the waiver one week later. The waiver submitted for this case was based on the extreme hardship Maria’s U.S. Citizen husband would suffer if she were removed from the United States or denied entry. This type of waiver involves collection of documents proving that the US Citizen husband has a legitimate claim of extreme hardship. In this case, we collected medical, academic, occupational, and financial documents to prove that if Maria were removed from the United States, he would suffer an extreme hardship since his life would be uprooted, and he would not be able to find similar employment abroad. The waiver also involves collection of documents proving that the undocumented immigrant is an exemplary individual such as academic transcripts, awards, honors, etc. It also consisted of medical and psychological evaluations proving that the US Citizen suffered from anxiety and depression. Affidavits and letters from family and friends were also included in support of the extreme hardship. Within one week of submitting the waiver package to the US Consulate in Juarez, the immigration officer reviewed the case and granted the waiver. When she returned to the embassy she was given her immigrant visa in her passport and was able to re-enter the United States. This is an example of a successful I-601 waiver case that was achieved with careful preparation and planning so that our client could achieve favorable results.
For more questions about the I-601 waiver please contact our office.
In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: My husband is a green card holder and I am an F-1 student. Can I stop school, stay, and work in the United States? For the answer to this question please keep watching. For more information about filing an I-130 as a green card holder, please click here.
If I marry a permanent resident in the US, without any other visa, can I now stay, live, and work in the United States?
Unfortunately, you cannot live and stay in the United States, without any other visa, even if your husband is a legal permanent resident (LPR), who is planning to file Form I-130 Petition for Alien Relative on your behalf. The fact that your LPR spouse is going to file the I-130 petition on your behalf, is NOT going to allow you to stay in the United States on that basis alone. This is because, for permanent residents, spousal visas are subject to a numerical limitation. Once the I-130 petition is filed, the immigrant spouse must wait until their priority date becomes current according to the visa bulletin. Once the petitioner becomes a US Citizen, a spouse visa then becomes immediately available. While their priority date becomes current, the immigrant spouse should remain in the United States in a different visa category, which in this situation would be in student visa status.
For more information please contact our office for a consultation.
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.
For more information on the Visa Bulletin click here.
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.
Why is an I-601 Waiver needed?
– Approval of an I-601 waiver is needed for those who are eligible for a green card but facing immigration bars
– USCIS issues this waiver but you must provide proof or convince them of any hardship the US Citizen spouse will face
In this post, Attorney Jacob Sapochnick Esq, will explain the process of immigrating a foreign spouse to the United States utilizing ShowMe drawing technology.
The first part of the process is to file the marriage petition I-130 with USCIS.
Once approved, the following steps take place after you have submitted all required forms and documents to the NVC:
If you are the beneficiary of an I-130 petition, you should contact your petitioner to ensure that they have completed Affidavit of Support Processing.
Once the NVC has received your forms and documents, the NVC will review your immigrant visa application and may request additional information from you.
Approximately one month before your visa interview appointment, you will receive an appointment letter containing the date and time of the interview, along with instructions for obtaining a medical examination.