Articles Posted in Trump administration

Overview:

What is the I-601 Waiver?

The I-601 waiver is an application that is filed by individuals who are ineligible to gain admission to the United States as an immigrant, or who cannot adjust their status in the United States to become a permanent resident, because they are barred from the United States. The I-601 waiver is essentially a form that is filed to gain permission to apply for permanent residence in the United States or gain admission through an immigrant visa. This form will allow individuals to obtain relief from the following grounds:

  1. Health-related grounds of inadmissibility (INA section 212(a)(1))
  2. Certain criminal grounds of inadmissibility (INA section 212(a)(2))
  3. Immigration fraud and misrepresentation (INA section 212(a)(6)(c))
  4. Immigrant membership in totalitarian party (INA section 212(a)(3))
  5. Alien smuggler (INA section 212(a)(6)(E))
  6. Being subject to civil penalty (INA section 212(a)(6)(F))
  7. The 3-year or 10-year bar due to previous unlawful presence in the United States (INA section 212(a)(9)(B))

Who is Eligible?

Not everyone is eligible. To qualify, you must have what is called a “qualifying” relative who will be the focus of the petition. A qualifying relative includes a U.S. Citizen or legal permanent resident spouse or parent. In cases where a waiver is filed for certain criminal grounds of inadmissibility a qualifying relative may also include a child who is a U.S. citizen.

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You’ve made it to the airport, but Customs and Border Protection has denied you entry into the United States, before even boarding the plane. What steps can you take to resolve the situation?

There may be various reasons why a CBP officer may prevent you from gaining entry to the United States. The most common reasons include:

  • When you have been in the United States in the past on a tourist visa and you overstayed the amount of time allowed in the United States
  • You were previously on a tourist visa in the U.S. and applied for an extension of stay, but that application was denied
  • You were previously in the U.S. on a tourist visa and you did not spend at least 6 months in your home country when you returned.
  • You are a legal permanent resident of the U.S. but you have lost your green card, you will not be able to board a plane
  • If you overstayed your visa and there is a record, you will not be allowed to re-enter the U.S.

What should you do when you are denied entry?

Contact an immigration attorney to determine the reason you are not allowed to board the plane. Typically, individuals in this situation must file an inquiry to find out the reason they were denied entry. It may be worth it to visit a U.S. embassy to receive more information regarding the denial of entry. In some cases the U.S. embassy may be able to re-validate your visa, or you may be able to file a waiver if you have been barred from the United States for certain violations.

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Learn more about the new 90-day presumption of fraud rule in this video and how it affects the adjustment of status of foreign nationals living in the United States.

0:24 – New Rule Changes

0:52 – What is 90-day Rule Do?

1:37 – Our advice or suggestions for this new rule

Overview: 

WHO:

In September 2017 the Department of State released an amended version of the Foreign Affairs Manual (FAM), which is a manual used by governmental agencies and other federal agencies that directs and codifies information that must be carried out by respective agencies “in accordance with statutory, executive and Department mandates.”

WHAT:

The new amended version of the manual expands the definition of misrepresentation, the types of activities that may support a presumption of fraud, and establishes changes to existing policies that federal agents must follow in making assessments of fraud or material representation.

According to the amended FAM: If a foreign national engages in any of the following activities, and applies for an immigration benefit, the FAM directs immigration officers to apply a presumption of fraud or material misrepresentation when the foreign national seeks adjustment of status:

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In this post, attorney Jacob Sapochnick discusses what the President’s March 5th deadline means for DACA recipients and what DACA holders should expect within the coming months. The President while rescinding the DACA program, had given Congress until March 5 to pass legislation creating a path to citizenship for Dreamers. Congress however failed to deliver on their promise, and Senators are continuing their negotiations to reach a bipartisan deal on immigration that would allow Dreamers to apply for permanent residency after fulfilling several criteria.

By court order, individuals whose DACA benefits expire on or after September 5, 2016 may apply for a renewal of their status. In addition, individuals whose DACA benefits expired before September 5, 2016 or whose DACA benefits were previously terminated at any time, may file a new initial DACA request following the Form I-821D and Form I-765 instructions.

It is estimated that approximately 668,000 immigrants have been issued work permits under DACA that will expire March 5th or later, however these individuals may seek a renewal of their status as previously mentioned, and continue working and remaining in the United States for an additional 2 years without fear of deportation.

For more information on the future of DACA please click here.

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En este video, el abogado Jacob Sapochnick habla sobre la detencion de nuestro cliente Orr Yakobi, quien fue detenido tras tomar la autopista equivocada, que lo dirigio hacia Mexico donde oficiales de la aduana y proteccion de fronteras lo detuvieron despues de tratar de entrar de nuevo a los Estados Unidos. Yakobi es un estudiante de la Universidad de California en San Diego y es uno de los 700,000 “Dreamers” viviendo en los Estados Unidos bajo la proteccion de el programa. Nuestra oficina logro liberarlo despues de estar detenido por cinco dias gracias a nuestra comunidad, los medios de comunicacion, y con el apoyo de miembros de el Congreso. Es nuestro orgullo proteger y defender a Dreamers como Orr Yakobi.

Para conocer mas sobre los servicios que ofrecemos, visite nuestro sitio de web.

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26961961_10155987172608766_8750688692100538053_oIt is our great pleasure to announce that on January 12, 2018, our office successfully negotiated the release of Orr Yakobi from the Otay Mesa Detention Center. As previously reported, Orr Yakobi was detained by the United States Customs and Border Protection on January 8th, after he and a friend made a wrong turn that led their vehicle out of the United States and into Mexico.

Yakobi, an Israeli national, was brought to the United States at a young age by his parents and was under the protection of the Deferred Action for Childhood Arrivals program (DACA). Under the conditions of the program, a DACA recipient may not leave the United States unless they have applied for and received a special travel permit from USCIS known as “advance parole” which allows the individual to re-enter the United States without issue. Failure to present an advance parole document will result in the questioning and likely detention of the individual.

Unfortunately for Yakobi, CBP officials refused to consider that his departure was purely accidental. Although Mr. Yakobi explained that he and his friend intended to take the 805 Northbound which would have taken them on their way home, instead of the 805 Southbound, officials still decided to detain him.

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With the help of our outstanding community, members of Congress, and the media, our office had the unique opportunity to advocate for Mr. Yakobi, a soon to be graduate of the University of California, San Diego. We are proud to represent Dreamers like Orr Yakobi, who contribute enormously to our economy, and make our country a better place.

For more information about his release please click here.

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

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Breaking news, a federal judge for the District of Columbia, issued a ruling in the lawsuit, National Venture Capital Association, et.al. v. Duke, et. al, overturning the government’s delay of the International Entrepreneur Rule. This means that international entrepreneurs may now apply for parole under the rule as of Friday, December 1, 2017. The caveat, however, is that since the ruling was just handed down on Friday, no application has yet been released to apply under the rule, and the current parole application is not suited for the rule. It is expected that the government will soon issue a statement regarding the court’s decision and provide further guidance on what form to use.

In its decision, the judge ruled that the Department of Homeland Security unlawfully delayed enforcement of the rule, when it postponed the rule from going into effect just days before the rule was set to go into effect on July 17, 2017, without following the appropriate notice-and-comment procedure required by the Administrative Procedure Act.

Entrepreneurs must keep in mind that the the Trump administration may appeal the federal judge’s decision, or continue with their plans to rescind the rule, but as it now stands the government must accept applications for the international entrepreneur rule, even if the administration continues with their plans to rescind the rule.

What is the IER?

The rule makes it easier for eligible start-up entrepreneurs to obtain temporary permission to enter the United States for a period of 30 months, or 2.5 years, through a process known as “parole,” for the purpose of starting or scaling their start-up business enterprise in the United States. The decision about whether to “parole” a foreign entrepreneur under this rule will be a discretionary determination made by the Secretary of Homeland Security on a case-by-case basis (INA Section 212(d)(5), 8 U.S.C. 1182(d)(5)).

“Parole” will be granted to eligible entrepreneurs who can demonstrate that their company’s business operations are of significant public benefit to the United States by providing evidence of substantial and demonstrated potential for rapid business growth and job creation. Such demonstrated potential for rapid growth and job creation may be evidenced by: (1) significant capital investment from U.S. investors with established records of successful investments or (2) attainment of significant awards or grants from certain Federal, State, or local government entities.

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In this Facebook live stream, attorney Jacob Sapochnick discusses immigration under President Donald Trump, and pressing issues that have recently been the subject of much debate in the news, including the President’s desire to end the Diversity Immigrant Visa Program, a program that has come under fire after it came to light that the New York City terrorist Saifullo Saipov gained admission to the United States through this program. In addition, Jacob answers your immigration questions.

Immigration Q and A

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Monday, November 6, 2017

Overview:

The Diversity Immigrant Visa Program

The Diversity Immigrant Visa program is a program enacted by Congress, which allocates up to 50,000 immigrant visas per fiscal year to a special class of immigrants known as “diversity immigrants.” Each fiscal year diversity applicants register for the visa program electronically at no cost. Applicant entries are selected at random through a computerized “lottery” system to allocate the 50,000 available immigrant visas for the Diversity Immigrant Visa Program. Only diversity immigrants who are natives of countries with historically low rates of immigration to the United States qualify for the Diversity Immigrant Visa program.

The Diversity Immigrant Visa Program was established in the 1990s under President George Bush, Sr. for the purpose of making the flow of legal immigration to the United States more diverse. The program sought to give foreign nationals from select countries, the opportunity to gain admission to the United States, provided they were born in countries with historically low rates of immigration to the United States, to put them on a more equal footing with foreign nationals with historically high rates of immigration. In this way Congress hoped that the American demographic would become more diverse.

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The story of two sisters. One is a US Citizen, the other a DACA holder. Share your Daca stories with us. We have to continue the fight. #daca #dreamers #passthedreamact

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Sunday, September 10, 2017

In this video, attorney Jacob Sapochnick sits down with two sisters, one who is a US Citizen, and the other who is a DACA recipient with a renewal request pending with USCIS. Although these clients are related they have very different immigration options available to them. Alicia explains how her DACA status has allowed her to obtain a driver’s license and legal employment in the United States, as well as the advantages these benefits have created for her as a mother of three US Citizen children. Alicia echoes the sentiments of hundreds of thousands of Dreamers who felt heartbroken when they heard that the President was ending the DACA program, a program that provided relief for so many undocumented immigrants who have no other place to call their home. Alicia fears being sent back to a country she does not know, where she has no relationships, and of being torn from her family. This is the unfortunate reality that many Dreamers face, and illustrates how important it is for Congress to pass the Dream Act or other legislation that would allow more than 800,000 Dreamers to remain in the United States legally.

IMPORTANT: Although USCIS will no longer be accepting 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 DACA 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 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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