Articles Posted in Permanent Residents

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In this segment, attorney Jacob J. Sapochnick tells you all about the visa bulletin. Who is it for? How does it work? Why do we need it? For more information about the visa bulletin, please click here.

https://soundcloud.com/askanimmigrationlawyer/ep-48-what-is-the-visa-bulletin

Overview: 

What is the Visa Bulletin?

The Visa Bulletin exists due to congressional numerical immigrant visa limitations for family-sponsored and employment-based preference categories established by the Immigration and Nationality Act (INA). The visa bulletin is for foreign nationals wishing to immigrate to the United States through a relative or employer. Family-sponsored preference categories are limited to a minimum of 226,000 visas per year, while employment-based preference categories are limited to a minimum of 140,000 visas per year. The Visa Bulletin is a useful tool for aliens to determine when a visa will become available to them so that they may apply for permanent residence.

You can check the status of a visa number by checking your priority date on the Department of State’s Visa Bulletin published every month. A priority date is the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS (Form I-130 Petition for Alien Relative or Form I-140 Immigrant Petition for Alien Worker).

Family-sponsored preference categories

Family based immigrant visas are divided into preference systems and priority dates. This refers to one of the various categories under which an individual qualifies for U.S. residency, and must wait for a visa to become available.

  • First Preference: unmarried sons and daughters of U.S. citizens. This category refers to the adult children of U.S. citizens or those who have reached the age of 21 years prior to issuance of the immigrant visa;
  • Second Preference: a) spouses and children under the age of 21 of U.S. permanent residents; b) unmarried sons and daughters over the age of 21 of U. S. permanent residents;
  • Third Preference: married sons and daughters of U.S. citizens;
  • Fourth Preference: brothers and sisters of adult U.S. citizens.

Employment-sponsored categories

  • First Preference:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
  • Second Preference:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:
  • Third Preference:  Skilled Workers, Professionals, and Other Workers
  • Fourth Preference:  Certain Special Immigrants
  • Fifth Preference:  Employment Creation: not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers (EB-5)

For more information regarding the immigrant process for family members and the Visa Bulletin please click here. For a legal consultation please contact our office to speak with our legal consultants.

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In this video, attorney Jacob J. Sapochnick Esq., appears on NBC 7 San Diego News to talk about the EB-5 Investor Program. For more information about the EB-5 visa please click here. For a first consultation please contact our office.

Overview:

The EB-5 program was started in the 1990s as part of a pilot program designed to bring foreign capital to the United States by encouraging foreign investors to establish a new business venture or invest in a regional center project. Today, the EB-5 program is a special immigration program designed for foreigners who are interested in investing a significant amount of capital in American businesses and industries, that will create thousands of new jobs for Americans. In this interview, attorney Jacob J. Sapochnick Esq. joins Diana Guevara and Interim President and CEO of the San Diego Regional Chamber of Commerce, Mark Leslie to discuss the advantages of participating in the EB-5 program.

Foreigners who have committed a large investment can become lawful permanent residents through this program by establishing a new commercial enterprise. Investors must provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.

For more information about this program, please contact our office. 

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In this video, attorney Jacob J. Sapochnick Esq., discusses the requirements of naturalization and citizenship. For more information about the N-400 application for naturalization please click here.

Overview:

There are several reasons why you may want to become a U.S. Citizen. Whether it be to obtain a job or for purposes of family unity, our office can help you file the perfect application for naturalization. U.S. Citizens have certain immigration benefits that other individuals such as legal permanent residents and non-immigrant visa holders cannot exercise. U.S. Citizens can leave the country and spend time abroad without worrying about their immigration status. They can also immigrate their immediate relatives and other family members more quickly than permanent residents. These are only some of the benefits U.S. Citizens have.

There are strict and specific requirements to become a U.S. Citizen.

The most important requirements are as follows:

  • You must be able to speak the English language in order to take the Citizenship test although some exceptions exist.
  • You must be over the age of 18 to apply
  • Residency requirement. A person must be a U.S. resident for at least five years or three years if the person obtained their green card based on their marriage to a U.S. Citizen.
  • As long as four years and 9 months have passed since obtaining permanent residency a person can file their application for naturalization
  • You must be physically present in the United States for 30 months out of the 5 years preceding the application for naturalization
  • You must reside in the state or county at least 3 months before filing of the application for naturalization
  • You must be a person of good moral character at the time you are filing your application. If you have committed a crime, committed fraud, or misrepresentation this may preclude you from filing your application for naturalization. If you have received a DUI you may not be eligible to apply for naturalization.

If you have any criminal issues or other issues that may cause the immigration officer to question your good moral character, you should consult with an attorney before filing your application for naturalization.

Special Considerations for Military and other individuals 

Members of the armed forces receive special consideration when applying for citizenship. They are not required to meet all of these requirements

Individuals of a certain age who have spent a certain amount of years in the U.S. also receive special consideration for example they are exempt from the language requirement.

For more information please contact our office. 

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