Articles Posted in Top Immigration Stories

In this video, attorney Jacob Sapochnick sits down with two Dreamers to discuss the President’s recent decision to terminate an Obama-era program, known as Deferred Action for Childhood Arrivals (DACA), and how such a decision will impact their lives.

The DACA program was first introduced in 2012 to shield young undocumented immigrants from deportation and granted such individuals the ability to work in the United States legally for a renewable 2 year period. The DACA program is not a form of amnesty and does not allow eligible applicants to obtain permanent residence.

In this video you will hear about the hardships that Dreamers face on a day-to-day basis, their enormous contributions to our society both culturally and economically, and the uncertain future they face.

DACA round table discussion

Live round table discussion with DACA beneficiaries at our office!! 5 great young individuals that need to make some serious decisions about their future in America.

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Friday, September 8, 2017

IMPORTANT: Although USCIS will no longer accept new initial requests for DACA, current DACA recipients with permits expiring between now and March 5, 2018 can apply for a final 2-year renewal of their status and obtain employment authorization. These applications must be properly filed and accepted by October 5, 2017.

To learn more about the termination of the DACA program please click here.

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In this post, attorney Jacob Sapochnick discusses the Trump administration’s decision to end the Deferred Action for Childhood Arrivals (DACA) program, an Obama era program that granted more than 750,000 undocumented immigrants the opportunity to obtain a work permit and relief from deportation. After much talk regarding President Trump’s intent to terminate the program, the decision finally came from Attorney General Jeff Sessions this morning, Tuesday, September 5, 2017.

For a more detailed explanation about what this decision will mean for current DACA holders please click on the video below.

The END of DACA what you need to know!!!!Attorney General Jeff Sessions announced this morning that Deferred Action for Childhood Arrivals (DACA) will be end in the next coming months. We are providing you with our thoughts and ideas in this live stream:

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Tuesday, September 5, 2017

Overview:

Effective immediately, USCIS will not accept new initial requests for DACA, but will allow current DACA recipients with permits expiring between now and March 5, 2018 to apply for a final 2-year renewal of their status and obtain employment authorization. Such individuals must file their applications by October 5, 2017.

Highlights

  • USCIS will no longer accept initial requests for DACA as well as all associated applications for Employment Authorization
  • Initial DACA requests and DACA renewal applications that were properly filed before today’s announcement and which remain pending with USCIS, will be adjudicated on an individual case-by-case basis
  • Employment authorization documents and grants of deferred action that were issued prior to today’s announcement will remain valid
  • USCIS will no longer approve new applications filed on Form I-131 for advance parole, but will honor the validity period for previously approved applications for advance parole. CBP has the discretionary authority to deny admission to a DACA holder possessing an approved advance parole document
  • All pending I-131 requests for advance parole on the basis of DACA, will be administratively closed, and all associated fees will be refunded to the applicant

To read the President’s complete statement regarding the termination of the program please click here.

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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.

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In this video, attorney Jacob Sapochnick checks in and answers your immigration questions from Bora Bora, French Polynesia.

Live from Bora Bora , French Polynesia ask your questions about immigration and set up your consultation with me😀😀😀👍👌

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Friday, August 11, 2017

Overview 

Tourist Travel Advisory: Expect CBP to be more strict when traveling through a U.S. port of entry. Always carry documents to prove what the nature of your trip is in the United States, in addition to your valid tourist visa and passport documents. Always be mindful that CBP has the discretionary power to decide whether or not to admit you to the United States. This also applies for individuals traveling to the United States on a work visa. Always err on the side of caution and be calm and respectful when speaking to CBP.

Changes to U.S. Immigration: Despite proposed changes to the immigration system, foreigners continue to be interested in traveling and immigrating to the United States. Immigrating to the United States is definitely going to become more difficult, although at this moment no legislation has been passed to overhaul the current immigration system.

Denial of removal of conditions application without an interview: Recently USCIS has been denying certain removal of conditions applications by mail without scheduling the conditional permanent resident for an interview. Typically USCIS will schedule the conditional permanent resident for an interview if there are any doubts about the validity of their marriage. If you are planning to file a removal of conditions application, always ensure that you provided enough proof of your good faith marriage. This is especially important for people filing for an I-751 waiver of the joint filing requirement. For more information about the I-751 application please click here. For information regarding I-751 waivers click here.

For more information about the services we provide please visit our website.

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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.

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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.

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In this video attorney Jacob J. Sapochnick explains the process of immigrating a foreign fiance to the United States. For more information just keep on watching.

What are the requirements to apply for a K-1 fiance visa?

You must be able to prove three important requirements to be successful in applying for the K-1 fiance visa. Please keep these requirements in mind when gathering evidence for your case and discuss these requirements with an attorney:

#1: The U.S. Citizen and fiance must prove they have met in person within the last 2 years.

#2: The U.S. Citizen and fiance must prove they are legally free to marry. If either party has been divorced, they must provide final divorce decrees from their respective countries.

#3: The US Citizen must certify that they are legally able to and intend to marry the alien fiancé (green card applicant) within 90 days of his or her arrival to the United States. The alien fiancé must also certify that they are legally able to and intend to marry the petitioner within 90 days of his or her arrival to the United States.

To begin the process of immigrating your foreign fiancé to the United States please contact our office to schedule a free first time consultation.

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Live outside our office building with a few fun facts you should know….

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Sunday, August 23, 2015

In this video Attorney Jacob J. Sapochnick takes you on a tour of our law office located at 1502 Sixth Avenue in sunny San Diego, California on the corner of Beech Street and Sixth Avenue. Come and visit us today. We offer free first time consultations to meet your immigration needs.

For more information on the services we provide please click here.

To read our client testimonials please click here.

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In this video attorney Jacob Sapochnick discusses the status of the E-2 visa program for the country of Israel, as well as different E visa options for Israeli entrepreneurs. For a free first time consultation please contact our office.

Our staff members are fluent in Spanish, Hebrew, Russian, Mandarin, and French.

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In this video, Attorney Jacob J Sapochnick, Esq., explains the process of applying for a green card through an employment-sponsored petition.

Overview of Employment-Based Green Card Process

The U.S. employer must prove that hiring the foreign national will not adversely affect current labor available to U.S. workers—this requires the employer to undergo a labor certification process or PERM with the Department of Labor.

Labor certification requires the employer to go through the process of testing the labor market through a process of advertising.

Step 1: The Employer must apply for PERM or Labor Certification with the Department of Labor for the position offered. Once the Department of Labor issues the certification, the Employer may begin the advertising process for the position.

Step 2: Once the PERM Labor Certification has been approved, the Employer can file the I-140 petition with USCIS

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