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Filing Tips with the kind sharing of Laurel Scott, Esq:
1. The first thing the form asks for is an alien number. Most applicants won’t have an alien number unless they’ve been placed in proceedings. If you’re unsure, look at the I-130 approval notice. If the alien has an alien number, it is usually above the alien’s name.

2. For question 2, if the applicant does not have a Valid social that actually belongs to him/her, leave blank. If the applicant was ever issued a Valid social – e.g. as a child or when in lawful status – that social still belongs to the applicant even if he/she goes out of status, and should be listed on the form.

3. Part 2, question 1. If you’ve re-filed your I-130, use the most recent receipt number. For question 4, use the NVC case number associated with the most recent I-130. If you re-filed, you have to wait for the new I-130 to be approved.

4. Part 2, question 5. The answer should always be ‘no’. If the answer is ‘yes’, you’re not eligible. If you re-filed the I-130 and the new one hasn’t been sent to the consulate, then your answer is ‘no’, even if the old was was scheduled.

5. Parts 4 and 5. Don’t try to write your ‘letters’ or ‘briefs’ in that space. The instructions say you can write “see attached”.

6. Page 2 of the instructions solves the problem of leaving while the case is administratively closed. The instructions say that if you are in proceedings and get the provisional waiver approved, approach EOIR about getting proceedings terminated (not just administratively closed) before you depart.

7. Don’t forget to include a copy of the NVC IV Bill receipt and the I-130 approval notice. If you don’t have the I-130 approval notice, they will accept a copy of the online case status showing the case was approved.

8. The instructions say they will accept photocopies of items. IMHO they still want original letters, but they want to be clear that they are not sending you anything back, so don’t ask.

9. Checks will be processed electronically so if you want your payment to have the receipt number on the back as a secondary way of getting your case number (in case receipt notice doesn’t arrive), I recommend using a money order.

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The new provisional unlawful presence waiver process is for certain individuals who seek a waiver of inadmissibility only for unlawful presence. They can now apply for a provisional unlawful presence waiver while in the United States and before departing for their immigrant visa interview at a U.S. Embassy or Consulate abroad. Learn more in this Video.

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Every year some 900,000 people become U.S. citizens at naturalization ceremonies across the country.

By taking the Oath of Allegiance new citizens pledge to be faithful to the Constitution and to serve their new country when needed. In exchange they will enjoy many of the benefits and privileges of being a United States citizen.

The Right to Vote
A Chance to Reunite Families
A Way to Protect your Children’s Right to Remain in the U.S.

Protection in Cases Involving Illegal Activity
International Travel Made Easier
Being a citizen of the United States provides many privileges. Voting in elections is one such privilege. New citizens are expected to participate in elections and to adhere to the principles of tolerance and understanding towards differing points of view, which is the philosophical basis of the system of government of the United States.

New laws could be passed that adversely affect your rights as a permanent resident. As a citizen if you are charged of a crime, even a non-serious one, you possess many protected rights. U.S. Citizenship and Immigration Services and the Immigration Courts have the jurisdiction to remove (or deport) permanent residents who are charged with such crimes. A U.S. citizen’s right to remain in the United States cannot be taken away.

The federal government is one of the biggest employers in the world and offers many job opportunities in a wide range of industries. Job openings are published on USA Jobs.gov. However, the majority of federal jobs require that the applicant be a U.S. citizen.

Finally, the pride of being an American is one that goes a long way. What are you waiting for, go and apply!!

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If you are considering a fake, or sham, marriage as a means of getting U.S. lawful permanent residence (a green card), you must know that what you are planning is illegal.

A sham marriage is one that is entered into in order to get around the U.S. immigration laws.

The U.S. government will not normally follow a couple around or investigate their life beyond the required paperwork and the interviews it always conducts. But it has the power to do so if it sees grounds for suspicion.

Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both (I.N.A. § 275(c); 8 U.S.C. § 1325(c)).

Learn more in this Video:

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In this Video we discuss the often asked question: How much money do I need in order to obtain an E2 Visa?
There is no set standard in the law about the minimum amount of money that must be invested in order to qualify for an E-2 visa. It is a reality that the closer the investment approaches $100,000 or so, the more chances to get the E-2 case approved, but that really depends on whether a new business is being started or an existing business purchased. If it is a purchased business, they will look at past numbers to determine the amount needed. That does not mean, however, that investments of less than $150,000 cannot qualify someone for an E-2 visa. We have seen cases where applicants obtained visas with 50,000 or so. It really depends on the Business,location, and Business Plan outline.

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Any person who has ever been ordered removed (or has resided in the U.S. unlawfully for more than 1 year in the aggregate), leaves the United States, and then returns or attempts to return without being lawfully admitted, must remain outside the U.S. for 10 years before being able to re-apply for an immigration benefit or re-entry. This law was not in effect until April 1, 1997.

Such applicants are not eligible for the New I-601A waiver. This is because the waiver is designed to cure one entry and illegal stay in the US, not a re entry. There is no waiver for re entry.

In DACA cases, we need to analyze the period of time the applicant departed from the US to see if there any exceptions. Always consult a qualified lawyer to determine your eligibility.

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Our office has extensive experience assisting the clients in filing H-1B petitions. We also help the clients consider their options if the case is denied. Below is an example of the H-1B case that got approved even after the denial was issued.

https://www.visalawyerblog.com/2011/03/h1b_visa_denials_filing_a_moti.html
Filing a motion to reopen is only one of the options. There are other options that may be available to you considering the circumstances of your case. If you have any questions regarding filing a motion to reopen or require additional information, do not hesitate to contact our office. Watch this Video for more information.

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Jacob Sapochnick appeared on the popular Radio Show Midday Edition with host Maureen Cavanaugh discussing the new I-601A waiver policy.

A change in immigration policy that may seem minor to most Americans, is likely to have a major impact of tens of thousands of families across the nation.

The new rule, that takes effect this March, will make it easier for undocumented spouses and children of U.S. citizens to wait for green cards here in the U.S., rather than back in their home country.

Jacob Sapochnick, a San Diego immigration attorney, says in order to obtain a waiver, the applicant must demonstrate their absence would cause “extreme hardship” to a qualifying relative such as a spouse or parent who is a U.S. citizen.

The policy is designed to help keep families together, while the often long process of documentation is completed.

Click here to listen to the show on the left of the page there is a player

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Our segment starts at 0:51. Attorney Jacob Sapochick appearing on KUSI Evening News December 28, 2012 discussing the US Adoption ban by Russia. Russian President Vladimir Putin signed into law a measure that bans the adoption the Russian children by U.S. families effective January 1.

The Russian measure also bars any political activities by nongovernmental organizations receiving funding from the United States, if such activities could affect Russian interests, Russia’s semiofficial RIA-Novosti news agency said.

And it imposes sanctions against U.S. officials thought to have violated human rights.

The law envisions the drafting of a list of U.S. citizens who will be prohibited from entering Russia, and will suspend the activity of any legal entities controlled by them in the country.

The law is named after a Russian orphan adopted by a family from Purcellville, Virginia who died of heat stroke after being in a parked car for nine hours. The law is described as a response to the Magnitsky bill in the United States, which places sanctions on Russian officials who were involved in a tax scandal exposed by Russian lawyer Sergei Magnitsky.

More on our website https://www.h1b.biz

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In this segment of AskMyLawyer we address issues relating to Green Card holders trying to immigrate their spouse. t is possible to immigrate a foreign spouse even if you are a permanent resident of the U.S. However, there will be a 3 year hold placed on the case currently, plus processing time of several months. The Wife in this case will need to maintain her student status while the application, i-130 is pending.

lawful permanent resident or a Green Card holder is a foreign national who has been granted the privilege of permanently living and working in the United States of America.

If you are a lawful permanent resident in the United States, you can apply a green card for your relative (spouse and unmarried children) to become a lawful permanent resident.

There are two subcategories in this immigration preference known as “second preference”. Preference 2A is for spouses or unmarried children under age 21 of permanent residents, and preference 2B is set aside for unmarried children of 21 years of age or older.

Watch our video for more answers: