Articles Posted in Non immigrant Visas

In this episode, attorney Jacob J. Sapochnick Esq. discusses advance parole.

https://soundcloud.com/askanimmigrationlawyer/ep-61-what-is-an-advance-parole

You can apply for advance parole by filing USCIS Form I-131 Application for Travel Document.

An advance parole document:

– Allows foreign nationals to re-enter the USA after traveling overseas without an immigrant visa.

– Foreign nationals who do not have a visa cannot re-enter the United States unless they have a permission to travel which is called an advance parole document.

– The advance parole document preserves the adjustment of status application that is pending in USCIS.

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What is a K-1 fiance visa and what are the requirements to apply? Watch attorney Jacob J. Sapochnick discuss the K-1 fiance visa below for more information.

https://soundcloud.com/askanimmigrationlawyer/ep-37-what-is-a-fiance-visa-k1-and-what-are-the-requirements-to-apply

– Only a US citizen, not a green card holder, can file a fiancé visa for their significant other

– The US citizen must marry their foreign national fiance within 90 days of their arrival to the United States on a K-1 visa. If the US citizen does not marry the foreign national, they must depart the United States or risk deportation

– In order to apply for a K-1 visa, both the US Citizen and the foreign national must be free to marry throughout the whole process

– The US Citizen and foreign national must have met in person physically. Physical meeting is crucial, however, there are exemptions

-To apply for a fiance visa, you must provide documented evidence of your relationship to prove that it is a bona fide relationship.

For more information on the K-1 visa please click here. For legal questions please call our office.

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In this episode, attorney Jacob J. Sapochnick, discusses whether you can obtain a tourist visa if you have battery charges against you

https://soundcloud.com/askanimmigrationlawyer/ep-58-how-can-i-get-tourist-visa-if-there-are-battery-charges-against-me

– In general criminal issues pose a big obstacle for visa approval, criminal issues are a factor in determining whether your visa will be approved or denied

– The frequency and the recency of the crime will factor greatly – up to 5 years preceding when applying a visa.

– When applying, you must provide documented evidence that you have changed your ways proving your good moral character, this will not guarantee your visa approval, it can only help strengthen your application

– You may be able to obtain a tourist visa if you first file the 212(d)(3) Nonimmigrant Waiver

For further questions please call our office.

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In this episode, attorney Jacob J. Sapochnick, discusses the 2-year rule on the J-1 visa.

https://soundcloud.com/askanimmigrationlawyer/ep-56-what-is-the-2-year-rule-on-a-j-1-visa

  • J-1 visa holders are required to go to their home country for 2 years after the program.
  • You have to either comply or get a waiver, if not, the requirement will stay with you forever.
  • It also applies even if one marries a US citizen.

For further questions please call our office.

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In this episode, attorney Jacob J. Sapochnick, discusses one of our most frequently asked questions: What is the importance of Business Plans for E-visas and how can they improve an E-visa application?

https://soundcloud.com/askanimmigrationlawyer/ep-53-what-is-the-importance-of-business-plans

For further questions please call our office.

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https://soundcloud.com/askanimmigrationlawyer/ep-50-how-to-apply-for-green-card-from-student-visa

In this series, Attorney Jacob J. Sapochnick, Esq. discusses the process of applying for permanent residence for individuals on a valid student visa.

Notes to keep in mind when applying for permanent residence:

– F visa holders must know that when they apply for a green card they may lose their chance of renewing their F1.

– The length of the green card process can take two or more years. This process will not allow you a right to stay in the US.

– Until you can get to the adjustment of status process, you won’t be allowed to work.

– It may take years to adjust your status especially for those from India and China.

– Always get advice from a qualified attorney before filing from an F1

For additional questions on how you can live and work in the United States please call our office for a legal consultation.

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https://soundcloud.com/askanimmigrationlawyer/ep-29-how-can-one-get-a-work-visapermit-to-work-in-the-united-states

In this episode attorney Jacob Sapochnick, Esq. explains how a foreigner can apply for a work visa/permit and the steps required to do so. It is important for foreigners to understand that most work visas require an employer who is willing to sponsor a foreign worker and most work permits are usually a benefit of some sort of a petition.  If you are a foreigner and your spouse has a J visa, an L visa or an E visa you are allowed to work with a general permit. An H1B visa has a small exemption for self-employment.

For questions and legal advice please call our office for a legal consultation.

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https://soundcloud.com/askanimmigrationlawyer/can-an-h1b-employee-work-at-different-sites-and-locations

In this segment, Attorney Jacob J. Sapochnick responds to one of our most frequently asked questions. Can an H1B employee work at different sites and locations? Can an H1B employee change jobs easily? Find out here. For legal advice please call our office for a legal consultation.

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https://soundcloud.com/askanimmigrationlawyer/what-is-the-e-1-treaty-traders-visa-1

Attorney Jacob J. Sapochnick provides the skinny on the E-1. The Treaty Trader Visa (nonimmigrant E-1 classification) is intended for the nationals of a foreign country with which a qualifying Treaty of friendship, Commerce, navigation, or a similar agreement exists with the United States. Nationals (individuals or companies) of such countries can obtain visas to work in the USA in order to develop and direct their trade with the USA. E-1 visa is for individuals coming to the U.S. to carry on substantial trade. A person may qualify as the principal trader or as an employee of a trader company having the same nationality.

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In this video, Attorney Jacob J Sapochnick, Esq. will explain the reasons why an applicant should consider hiring an attorney.

You are not required to have a lawyer when applying for an immigrant visa or green card in the United States or overseas. If you have a straightforward case, are clearly eligible for the benefit you seek, and have no record of crimes or negative run-ins with immigration authorities, you can potentially proceed all the way to a visa or green card without a lawyer. In fact, if you are overseas, lawyers cannot attend consular interviews with you, though they are allowed to prepare the paperwork and have follow-up communications with the consulates.

However, there are numerous types of situation when you’ll need a lawyer’s help — or will save yourself a lot of time and aggravation by getting it. Immigration law is notoriously, insanely complicated, and it’s run by a bureaucracy that receives less oversight and public scrutiny than you might expect.

Immigration law seems deceptively easy. However, it is a minefield full of traps for the unwary, and behind every case must emanate a well thought-through strategy. While it is true that almost anyone can fill out forms, immigration law is about so much more than that.

A qualified immigration lawyer will advise you on a host of issues and restrictions on work and travel that foreign nationals may face. Such rules may apply differently to those seeking non-immigrant versus immigrant status and oftentimes even apply to Permanent Residents, also known as “Green Card.”

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