Articles Posted in Top Immigration Stories

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In this segment, attorney Jacob J. Sapochnick answers one of our most frequently asked questions: I am an H-1B visa holder, and just found a new job. How can I start working for my new employer? To learn more about the H-1B visa click here.

https://soundcloud.com/askanimmigrationlawyer/ep-32-i-am-an-h1b-holder-and-just-found-a-new-job-when-can-i-start-working-for-my-new-employer

Overview: 

  • You may start working for a new employer, as soon as you have found a committed employer willing to file a petition for you. However, you do not need your petition to be filed in order to start working for the new employer. Additionally, you do not need to have an approval for the new employment in order to begin employment;
  • The American Competitiveness 21st Century Act allows an immigrant to begin working for a new H-1B employer as soon as that new employer files a petition.

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In this segment, attorney Jacob J. Sapochnick discusses common reasons for green card denials. To read more about family-based green cards please click here. For information about employment-based green cards click here.

https://soundcloud.com/askanimmigrationlawyer/ep-68-what-are-the-reasons-for-green-card-denials

Overview:

There are generally two ways to apply for a permanent resident green card 1. through a qualifying family relationship and 2. through employment. Please note that special categories of green card applicants exist beyond these two options including obtaining a green card through 245i, the diversity immigrant visa program , the Violence Against Women Act (VAWA), Asylum, and based on a U visa.

There are several reasons a green card application may be denied which may include, but is not limited to the following: health, criminal, and security related issues, failure to demonstrate that the applicant will not become a public charge, failure to respond to a request for evidence by the required deadline, prior immigration violations, inability to meet the requirements for a green card, and not showing up to required immigration appointments.

If your green card application has been denied, you may be able to rescue your application by filing a motion to reopen. To assess your specific case please contact us for a consultation.

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In this segment, attorney Jacob J. Sapochnick discusses the key to filing a successful self-employed H-1B petition. For more information please contact us for a consultation.

https://soundcloud.com/askanimmigrationlawyer/what-are-the-requirements-to-have-a-successful-self-employed-h1b-case

One of the most important factors in filing a successful self employed H-1B petition is to demonstrate that there is an existing board of directors that would relieve the H1B employee from taking major decisions.

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In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: What are some ways to obtain relief from deportation?

https://soundcloud.com/askanimmigrationlawyer/ep-45-what-are-some-of-the-ways-to-obtain-relief-from-removaldeportation

Overview:

There are generally four ways to obtain relief from deportation through Cancellation of Removal, Prosecutorial Discretion, Asylum, or Adjustment of Status.

  • Cancellation of removal is a good option for people who have resided in the United States for 10+ years;
  • Asylum is a good option to avoid removal for those who qualify. In order to qualify, an asylum applicant must be unable or unwilling to return to their home country as a result of persecution or well-founded fear of persecution on the basis of five statutorily protected grounds including: race, religion, nationality, membership in a particular social group, or political opinion;
  • Adjustment of status is an option for those who have an immediate relative that is a United States Citizen or Lawful Permanent Resident (LPR). These individuals may adjust their status to lawful permanent residence;
  • Another way is through Prosecutorial Discretion;

For more information please contact us for a consultation.

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In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: How do I pass a green card marriage interview?

https://soundcloud.com/askanimmigrationlawyer/ep-67-how-to-pass-a-marriage-interview

Overview: 

  • The green card marriage interview usually takes place three to four months after the green card application is filed with CIS
  • In  this video we will will cover tips on how to prepare for your interview, what to expect, and the types of questions you may be asked during the interview

For more resources on what to expect during the I-485 interview please click here and here.

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In this segment, attorney Jacob J. Sapochnick discusses a new development relating to President Barack Obama’s November 2014 executive action on immigration. For more information about President Obama’s executive actions on immigration please click here and here.

https://soundcloud.com/askanimmigrationlawyer/ep-66-executive-action-december-update

Overview: 

  • SCOTUS recently granted a request that secures timely consideration for President Obama’s Executive Actions raising the likelihood the case will be heard in the spring and a decision by the end of June; just a few months before the Presidential election.
  • When the Executive Actions on immigration were announced last year, several states filed an injunction against extended DACA and DAPA and those provisions have been at a standstill ever since.
  • Twenty-six states were involved in the lawsuit, with Texas as the lead plaintiff.

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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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This is the Law Offices of Jacob J Sapochnick: Find out what we do!

Since 2004, we have efficiently and conveniently served our clients located across the United States and around the world through the use of cutting-edge technology and other innovations, always maintaining the personal connection you have come to expect from us.

You can express your interest, or schedule an appointment by emailing us at info@h1b.biz We are excited to expand our ability to help many more of you, as you seek to achieve your American dream of living and working in this great country, a nation of immigrants.

Looking back, it is hard to narrow the reasons for our firm’s success. So much goes into that, but the main three ingredients have to be the lawyers, staff and clients. I am amazed at the enduring relationships we have with our clients.

Our office has been blessed with a staff that is motivated, efficient and very capable. I also think it important that they are compassionate for our clients’ issues – this is more than a job for us all – it is a calling.

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In this video, we cover a successful I-601A Waiver case. For legal advice please visit us at www.h1b.biz

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In this video, Attorney Jacob J Sapochnick, Esq.,  discusses President Obama’s executive order on Immigration.

On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.

These initiatives include:

Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years

Allowing parents of U.S. citizens and lawful permanent residents who have been in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parental Accountability program, provided they pass required background checks

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