Ep. 22 I have a minor US citizen child, can I get a green card?

  • Misconceptions of having a US citizen child for parents legalization
  • A US citizen child must be 21 years old to be able to petition for parents; 18 years old to petition for sibling
  • Cannot get green card by having a minor US citizen child

Raw Transcript:

Introduction: You ask we answer your immigration questions. Simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: Hello everybody. Welcome to another episode of Ask An Immigration Lawyer. I’m very excited to be here and we’re getting tons of questions. Tons of questions because of this podcast and I’m very grateful.

This question is coming to us via Facebook. Again, a common question that many, many people all over the world are asking. Can I get a green card based on the fact that I have a minor US citizen child that was just born here in the US? Read more

Ep. 21 Overstayed visa and now married to an American Citizen. Can She Still Get Green Card?

  • Overstayed visa and now married to a US citizen. Can she still get a green card?
  • Despite overstaying visa, someone who is married to a US citizen may be able to legalize his/her status.
  • The key is the proper inspection at the port of entry
  • Any criminal offense or fraud may subject to bars

Raw Tramscript:

Introduction: You ask we answer your immigration questions. Simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: Hello everybody to another episode of Ask An Immigration Lawyer.

I’m excited because we’re getting a lot of questions on Facebook and in Twitter. This question today is very, very common one. The question is I’m married to a US citizen but I came to United States more than 10 years ago and overstayed my visa. Read more

Ep. 20 Am I eligible to file for an adjustment of status inside the US?

  • the process if you want to change the status from one visa to green card
  • must be physically in the US in order to adjust status
  • immigration petition must already have been approved
  • if priority date is not current then you cannot file petition for adjustment of status
  • must have not entered the US illegally
  • you do not have any change in your circumstances (ex. change in employment; divorce before green card)

Raw Transcript:

Introduction: You ask we answer your immigration questions. Simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: Hello everybody, welcome to another episode of Ask An Immigration Lawyer.

Today’s episode we are answering the question am I eligible to file for an adjustment of status inside the United States? This question came to us via Twitter and … great. So it’s a question we always get and … So just a few seconds about adjustments of status. Read more

Ep. 19 What does it mean that the President is going to end the secure communities program?

What does it mean that the President is going to end the secure communities program?

– The secure communities program gave police the power to control immigration

– Police can stop and question suspected illegal immigrants

– This sowed fear among undocumented immigrants

– Governors and mayors refused to cooperate with the federal government

– The Executive Action announced the creation of Priority Enforcement Program (PEP) which will focus on apprehending individuals who are actually convicted of crimes (criminals who are not supposed to be here)

Raw Transcript:

Introduction: You ask we answer your immigration questions. Simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: Hello everybody, welcome to another episode of Ask An Immigration Lawyer.

One of the questions that we got this week was, again, related to President Obama’s executive action announcement is what does it mean that the president is going to end the Secure Communities Program. Well, some of you that know what Security Communities Program that has been highly criticized. It was created several years ago with the purpose of giving the police and other agencies the power to control immigration. Read more

Ep. 18 What can those with employment visas benefit from Obama’s executive action? (Part 2)

Continuation of Episode 17: Employment-based executive action

• Optional Practical Training (OPT), typically allowing Science, Technology, Engineering and Mathematics students to work for a year. Changes would expand coverage of OPT occupations and extend validity of OPT

• Opportunities for foreign investors, researchers and founders of startups; allow them to stay here and conduct research and get special parole if they have ongoing projects

• Scientists and researchers in the US can get national interest waiver where no employer would be needed as long as they have high merits

• Efficient adjudication of L visa

• Review of PERM process to make it more effective

• Work authorization for spouses of H-1B visa holder

Raw Transcript:

Introduction: You ask we answer your immigration questions. Simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: Hello everybody, we’re back in Ask An Immigration Lawyer Podcast and this is part two of the Executive Action Employment Base changes. So, previously I covered the points talking about visa wait times and changes state department are going to be taking. In this episode I want to dive in to some of the more exciting changes in the employment based executive action announcements. Read more

Ep. 17 What can those with employment visas benefit from Obama's executive action?

  • Visa allocation for highly skilled workers should improve visa processing
  • Government will work with State Department so that all visas authorized by Congress will be issued to people who are eligible
  • The wait time should be reduced
  • Improve process for determining when visas are available
  • Rules will be put in place so that priority dates will be preserved for people whoa re changing jobs

Raw Transcript:

Introduction: You ask we answer your immigration questions. Simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: Hello everybody, this is Jacob Sapochnick – Ask An Immigration Lawyer Podcast. Welcome back.

We got a lot of questions in the past few weeks about the new Obama executive action announcement and we broke it down into several parts. We talked about who may be affected before family immigration, undocumented immigrants and we wanted to cover today the employment base visas. Read more

Ep. 16 Why Can't The President Just Give Permanent Legal Status?

Raw Transcript:

Introduction: You ask we answer your immigration questions. Simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: Thank you guys for joining me again on another quick episode of Ask An Immigration Lawyer. Questions, emails, messages on our Facebook page. It’s been great so far. Keep sending those questions. We try to answer them. Again, we’re focusing on our deferred action executive announcement by the President, few questions that came out to us. Read more

Ep. 15 What is the modified Deferred Action for Childhood Arrivals (DACA)?

Raw Transcript:

Introduction: You ask we answer your immigration questions. Simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: Hello everybody. Thanks for joining for another episode of Ask An Immigration Lawyer. And we continue a series of breaking down some important issues of the executive action announcement by President Obama on November 20th. In previous episodes we talked about the way it’s going to be enforced, implemented and the new DAPA program. Read more

Ep. 14 What is the Deferred Action for Parental Accountability (DAPA)?

Raw Transcript:

Introduction: You ask we answer your immigration questions. Simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: Thank you for joining our show, listening to us. I’m getting a lot of emails recently for people asking questions about the new executive action mostly and our first several episodes are going to talk about that. We’re going to try to break it down as much as we can. Read more

Ep. 13 What is this Executive Action Going to Do?

Raw Transcript:

Introduction: You ask we answer your immigration questions. Simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: Thanks again for tuning in and I’m excited to bring in our second episode. Got some good feedback as we started this show. Read more