Articles Posted in Permanent Residents

In this post, attorney Jacob Sapochnick discusses filing the I-751 removal of conditions application where the foreign national’s marriage to the US Citizen has ended in divorce.

Who must file?

If you have received a two-year conditional permanent resident card, based on your marriage to a United States citizen, you are required to remove the conditions on your green card before the expiration date, by filing the Form I-751 Application for Removal of Conditions. This petition is typically filed jointly with your spouse, but you may seek a “waiver” of the joint filing requirement if you are no longer married to the US Citizen spouse through which you obtained conditional permanent residence.

Waiver of the Joint Filing Requirement

If you are no longer married to the US Citizen spouse through which you gained conditional permanent resident status, the burden of proving that you entered the marriage in good faith is much higher. These types of applications are called ‘I-751 Waivers’ because you must request a waiver of the joint-filing requirement in your application. Immigration officers scrutinize I-751 waiver applications much more than applications that are filed jointly with your spouse.

Continue reading

In this video, our clients speak about their unique experience with the Law Offices of Jacob J. Sapochnick. Our law office specializes exclusively in immigration and nationality law. We work with a broad range of clientele including entrepreneurs, investors, business visitors, foreign workers, U.S. employers, asylees, students, athletes, performers, families seeking to immigrate their family members and much more. Throughout the years, we have established a proven track record of success and a high level of customer service that is unparalleled in the legal industry. Contact our office today to schedule your free first time consultation.

For more information please visit our website.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram.

Capture

In this episode, attorney Jacob J. Sapochnick Esq. answers one of our most frequently asked questions: can you leave the country while your application is pending with CIS? Keep watching to learn more.

This is one of the most common and most important questions asked by our clients. Once you have filed an application with USCIS and the application is pending with USCIS (meaning that you have not received a decision on your application) you CANNOT leave the United States, UNLESS you have received special permission from USCIS to travel outside the country (an advance parole document). If you do not have an advance parole document you do not have permission to travel outside of the United States while your application is pending with USCIS. Doing so will ultimately result in the abandonment of your application with USCIS. The applicant will have to reapply to receive any immigration benefit from USCIS.

This is a very serious matter that should not be taken lightly. If you plan to travel outside of the country you must apply for an advance parole document at least 4 months in advance of your international travel.

Always seek counsel from an attorney before partaking in any international travel.

To schedule a free first time consultation with our office, please click here.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram.

Capture

In this video, attorney Jacob Sapochnick explains the potential problems that may arise when an immigrant who has overstayed the Visa Waiver Program later applies for adjustment of status based on their marriage to a US citizen.

In this case study, we discuss a real situation involving a client who initially came to the United States on the visa waiver program. Per the terms of the Visa Waiver Program, a foreign national may only remain in the United States for a period of 90 days or less.

Our client had remained in the United States unlawfully for a long period of time. During the period of time he remained in the United States unlawfully, he met and married a U.S. Citizen and began a life with his American spouse in the United States. The couple filed an application for adjustment of status after the marriage, thinking that they would be approved without a problem. Unfortunately this application was denied, and a subsequent motion to re-open the case was also denied. In San Diego county and other immigration field offices, immigration officers began to aggressively deny adjustment of status applications for immigrants who had overstayed the visa waiver program, even if the application was based on marriage to a U.S. Citizen spouse. The client then decided to re-file his application for permanent residence after the denial. After filing, the Border Patrol apprehended him and began the process of deporting him from the United States. Understandably this was a very difficult situation for the client and his American spouse to go through. At this point, the client retained our office to begin prosecutorial discretion to cancel his removal from the United States and to re-file his application for adjustment of status to permanent residence, based on his marriage to his American spouse.

Continue reading

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.

Capture

In this video attorney Jacob Sapochnick speaks at an informational immigration seminar in Istanbul, Turkey. In the seminar, he discusses his book My American Job, which teaches foreign born immigrants how to navigate the complicated process of immigrating to the United States and how they too can make the American dream possible for themselves, as well as different immigration options for highly skilled professionals, entrepreneurs, start up companies, and many other immigration classifications. To learn more just keep on watching.

Coming to America for entrepreneurs – Live from Istanbul

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Tuesday, March 21, 2017

To read more about the different visa types and immigration classifications please visit our website. If you need more information regarding your eligibility for a particular visa, please contact our office, to schedule a free first time consultation.

Remember to follow us on FacebookYoutubeTwitter, and Instagram 

Capture

It is our pleasure to introduce our readers to our senior case manager, Inese Grate, one of the original members of the Law Offices of Jacob J. Sapochnick. Ms. Grate joined our firm when there were merely 2 employees working at the office. In addition to studying law in Latvia, Ms. Grate received her Master’s in Law in International Business Transactions from Temple University Beasley School of Law and attended the International Law Institute at Georgetown University School of Law.

Ms. Grate specializes in business and family immigration, corporate, international trade, and international transactions. Ms. Grate provides consultation on strategic investment in the United States for international clients and corporations to identify potential opportunities, create jobs, and develop successful businesses. Throughout her professional career, she has taken several international and U.S. startup companies from an ideation phase through to establishment and registration.

Ms. Grate is unique in that she thinks outside of the box. She utilizes her professional network of financial advisors, real estate brokers, investors and industry experts to assist our clients according to their individual needs. Throughout her career, Ms. Grate has helped numerous corporations and individuals in the United States as well as several European countries in various immigration/business related issues. Ms. Grate evaluates business plans and works on all related immigration issues including visas, licenses, and permits.

Continue reading

In this Facebook live stream, immigration attorneys Jacob J. Sapochnick and Laurel Scott discuss the impact of the President’s Executive Orders, the Ninth Circuit’s refusal to reinstate the travel and refugee ban, and what the future of immigration looks like from here. Don’t forget to like our Facebook page to join in on future Live streams.

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Saturday, February 11, 2017

By federal court order, the Ninth Circuit Court of Appeals, has decided that it will not reinstate President Trump’s Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States.” This means that the President’s 90-day travel ban of foreign nationals from seven Muslim-majority countries (Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen) will no longer be enforced, as well as the 120-day suspension of the U.S. Refugee Admissions Program barring Syrians from seeking refugee admission to the United States. The government is likely to appeal the Ninth Circuit’s decision to the United States Supreme Court or seek a ruling “en banc.”

The Department of Homeland Security and Customs and Border Protection released the following statement, “In accordance with the judge’s ruling, DHS has suspended any and all actions implementing the affected sections of the Executive Order entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States. This includes actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order.” This means that the Executive Order will no longer bar the entry of immigrant and non-immigrant travelers from the seven Muslim-majority countries (Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen) until a Court rules otherwise. 

The United States Citizenship and Immigration Services issued a statement confirming that USCIS will continue to adjudicate and process applications and petitions filed for or on behalf of individuals in the United States, as well as applications and petitions for individuals outside of the United States, and applications for adjustment of status to permanent residence, irrespective of the beneficiary’s country of nationality. 

For more information about these executive orders please contact our office. Remember to follow us on FacebookYoutubeTwitter, and Instagram 

Capture

In this Facebook live stream, attorney Jacob J. Sapochnick discusses the legal significance of the Temporary Restraining Order (“TRO”) issued Friday, February 3, 2017, by a federal judge from the Western District of Washington. The TRO has temporarily suspended all provisions of  the President’s Executive Order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” nationwide. This means that the travel ban on foreign nationals from the 7 Muslim-majority countries (Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen) has been suspended, and the U.S. Refugee Admissions Program has been reinstated. For more information please keep watching.

Travel Ban Blocked by Federal Judge: update Live discussion

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Friday, February 3, 2017

In his ruling, Judge Robart stated that after hearing arguments, the States adequately demonstrated that they have suffered immediate and irreparable harm because of the signing and implementation of the order, and that granting a TRO would be in the public interest. In addition he stated “the Executive Order adversely affects the States’ residents in areas of employment, education, business, family relations, and freedom to travel. These harms extend to the States. . . are significant and ongoing.” A three-judge panel from the Ninth Court Court of Appeals is expected to issue a final ruling on the Executive Order tomorrow.

Since issuance of the TRO, DHS has suspended any and all actions implementing the affected sections of the Executive Order entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States,” including “actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order.”

Continue reading

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:

Continue reading