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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses one of your frequently asked questions: do people with green cards need to worry about using government benefits due to the Coronavirus crisis?

Keep on watching for more information.

Overview:


Do green card holders need to worry about collecting benefits during the Coronavirus crisis?


The short answer is no. The people who are subject to the public charge rule are (1) people who are applying for adjustment of status within the United States (green cards) (2) people who are applying for an immigrant visa at a US Consulate or Embassy overseas and (3) people who are changing their non-immigrant visa status (with certain lenient criteria). In general, individuals may not obtain certain benefits from the government including:

  • Supplemental Social Security Income (SSI)
  • Temporary Assistance to Needy Families (TANF)
  • Medicaid
  • Non-Emergency Medicaid
  • Supplemental Nutrition and Assistance Program (SNAP)
  • Section 8 Housing Choice Voucher Program
  • Section 8 Project-Based Rental Assistance and
  • Certain other forms of subsidized housing.

Read our Public Charge FAQ guide here.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new and important topic: are green card interviews being waived during the Coronavirus pandemic?

Keep on watching for more information.

Overview:

As many of you know, on March 18th USCIS announced the closure of USCIS field offices, ASC centers, and asylum offices nationwide until at least May 3rd to minimize the spread of coronavirus (COVID-19).

That means that most interviews and biometrics appointments initially scheduled to take place between March 18th and May 3rd are being rescheduled.

Certain Employment-Based Green Card Interviews Waived

Typically, a green card applicant must attend an in-person interview at a USCIS field office (if based on marriage or employment) before their green card application can be approved. That is because USCIS must ensure that the green card applicant meets all eligibility requirements.

Curiously, during the last few days, certain green card applicants have seen their green card interviews waived instead of rescheduled. This has been occurring mainly for employment-based green card applicants. This class of individuals have seen their green cards approved, and have received their green cards in the mail, without having to attend the green card interview.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the new Coronavirus Aid, Relief, and Economic Security Act (CARES) and answers a very important question: are immigrants eligible for CARES Act checks?

Keep watching for more information.

Overview:

What is the CARES Act?

The CARES Act is a new piece of legislation passed by Congress and signed into law by the President that is designed to provide temporary emergency relief to certain individuals who qualify.

What does the Act do?

For single individuals earning less than $75,000 the Act authorizes a one-time payment of $1,200.

For married couples filing jointly who earn less than $150,000, the Act authorizes each spouse a one-time payment of $1,200 (total $2,400).

Families with children can expect to receive $500 for each child.

Example: A family of four earning less than $150,000 can expect to receive $3,400 under the Act.

Payments begin to phase out at $75,000 for single individuals, $122,500 for heads of household, and $150,000 for joint taxpayers. Single taxpayers with no children earning $99,000 or more and joint taxpayers earning $198,000 are not eligible for payments.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses an important announcement for medical professionals who have an approved U.S. nonimmigrant, immigrant visa petition, or certificate of eligibility, and are seeking to treat or mitigate the effects of COVID-19.

Keep on watching for more information.

Overview:

The United States government recently announced the urgent need for medical professionals from abroad to combat the rapid spread of the COVID-19 virus. The United States is currently at the epicenter of the COVID-19 pandemic with a record number of cases and a rising number of deaths that has surpassed those of China and Italy.

As a result, the Department of State is encouraging medical professionals from abroad, working to treat or mitigate the effects of COVID-19 , who have either (1) an approved U.S. nonimmigrant or immigrant visa petition (I-129, I-140, or similar) or (2) certificate of eligibility in an approved exchange visitor program (DS-2019), to request a visa appointment at their nearest U.S. Embassy or Consulate.

Please note that this measure applies only to medical professionals with an approved visa.

Although U.S. Embassies and Consulates worldwide have suspended routine visa services, this is one of the few exceptions that medical professionals need to be taking advantage of.


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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this important video, attorney Jacob Sapochnick discusses how the COVID-19 pandemic has affected U.S. immigration law and what you should expect going forward.

Overview:

COVID-19 Firm Update

In compliance with government directives, our office remains temporarily closed for any in person meetings with clients and prospective clients. However, our firm continues to be fully functional on a remote basis.

All meetings with current and future clients will take place via phone, Zoom, Facetime, or other remote conferencing medium. At this time, we are not scheduling in-person appointments to prevent the spread of COVID-19. Our focus remains the health and safety of our clients and our employees, while providing the highest quality of service.

If you are a prospective client, you may contact us by phone or schedule a video conference for a free discovery call to determine your immigration needs.

Our Message to Our Current Clients

Our Firm has been hard at work these last few weeks to avoid any disruptions in service as a result of the COVID-19 outbreak, while at the same time acting responsibly to do our part to contain the spread of this virus.

To achieve business continuity, our office will be engaging an Alternate Work Schedule Program that will allow us to remain fully functional and continue our business with the use of remote working technology.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers a frequently asked question: does the public charge rule apply to non-immigrant visas?

Overview:

One of our subscribers asks: I am applying for a student visa at the US Embassy, does the public charge rule apply to me?

Please bear in mind that the answer to this question applies to all non-immigrant visa types including but not limited to tourist visas, fiancé visas, exchange visitor visas, etc.

In general, all applicants seeking admission to the United States are subject to the public charge ground of inadmissibility under INA § 212(a)(4) unless specifically exempted by law.

As it relates specifically to individuals seeking a non-immigrant visa at a U.S. Embassy abroad the public charge rule will apply.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the new H-1B mandatory electronic registration system and what to expect after the mandatory registration period has closed. Keep watching for more information.

Overview:

As you know H-1B season FY 2021 is now in full swing. The new mandatory H-1B electronic registration system opened March 1, 2020 and will remain open until noon ET March 20, 2020.

Since the implementation of this new system our clients have been asking whether the system is working, whether there have been any glitches, and whether we have encountered any problems with the registration process.

So, what has happened since the system opened?

Unfortunately, during the first few days the system was open, our office encountered a few problems while registering our clients. The main problem was that the online system was locking us out and preventing us from completing our client’s registrations. Due to this, our office had to set up multiple accounts to prevent the system from locking us out in order to successfully complete the registrations.

Secondly, when registering in the system a code is supposed to be populated that is emailed to the employer for the purpose of verifying the information provided during the registration process. Our office experienced numerous problems retrieving this code, and in other cases the code provided by the system did not work altogether.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the brand-new Form I-944 Declaration of Self-Sufficiency that must be filed with all applications for adjustment of status postmarked on or after February 24, 2020, as a result of the new public charge rule that became effective on this date.

Who Must File Form I-944?

All applicants filing for adjustment of status on or after February 24, 2020, must file Form I-944 with their application for adjustment of status.

What is on Form I-944?

This video explains Form I-944 in detail including what information appears on this new Form and how to complete the information on this Form.

Please keep in mind that this video is for informational purposes only and does not substitute the preparation or advice of an attorney. To ensure that you have completed the Form correctly you should retain the assistance of an experienced attorney.

Applicants must also bear in mind that the new public charge rule has introduced many new changes that require applicants to follow new procedures such as filing only the latest editions of Forms which are necessary to apply for adjustment of status. The latest editions of these Forms are available on the USCIS website.

Where can I find more information?

To read more about the new Form I-944, please visit our blog post “All About the New Form I-944, Declaration of Self-Sufficiency.”

You can also find more information about the new public charge rule including who is affected, by visiting our FAQs here.

If you need assistance filing for adjustment of status, you may contact our office for a consultation.

Please share if you found this post useful and remember to follow us on our social media platforms FacebookYoutubeTwitter, and Instagram for more immigration news.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a frequently asked question: can someone who is in the process of getting divorced overseas re-marry in the United States before that divorce is final?

Overview:

In many foreign countries the process of getting divorced is a very long and tedious process with many divorces taking many years to come to a final conclusion.

Many clients are left wondering whether they can lawfully re-marry in the United States while their divorce process is pending overseas, so that they can move on with their lives and apply for adjustment of status based on their marriage in the United States.

Unfortunately, you may not lawfully re-marry in the United States until all prior marriages have been terminated. A prior marriage is terminated when divorce proceedings come to a conclusion. A prior marriage is terminated by a government order or decree of dissolution of marriage issued by the appropriate authority in the country where your divorce proceedings took place. If you have not received a final order or decree of dissolution from such an authority, your prior marriage has not been terminated.

Filing a petition for adjustment of status while you remain married to someone else, even in a foreign country, carries with it very serious legal consequences.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the public charge rule and who is affected.

Overview:

Several categories of people are affected by the public charge rule:

The first category of people primarily affected by the public charge rule are applicants filing for adjustment of status on Form I-485 Application to Register Permanent Residence or Adjust Status.

The second category of people affected by the rule are foreign nationals applying for an immigrant visa at a U.S. Embassy abroad.

Also affected are nonimmigrants applying for a change of status in the United States.

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