Ep. 29 How can one get a work visa/permit to work in the United States?

  • Most work visas require an employer to sponsor you and most work permits are usually benefit of some sort of a petition
  • If your spouse has a J visa, an L visa or an E visa you are allowed to work with a general permit
  • An H1B visa has a small exemption for self-employment

Raw Transcript:

Jacob: Hello everybody, this is Jacob Sapochnick. Your host Ask an Immigration Lawyer.

Today we have a question from Kimberly W. again from our Facebook and Twitter and her question is how do you go about getting a work permit or a visa to work in United States. Well, of course we know that most people that come here they want to be able to live and work here legally but how do you get a work permit to work in United States? Read more

Ep. 28 What is the marriage based green card process for persons already in the U.S. and entered legally?

  • This process is only for somebody who entered the US legally
  • It is important that both parties are free to marry. A divorce proceedings pending in the foreign country is going to be a problem. Immigration service might not recognize the marriage
  • After the marriage takes place a number of paperwork will be filed along with supporting documents
  • After two years there will be another application that requires the removal of conditions on the green card

Raw Transcript:

Jacob: Hello everybody, welcome to another episode of Ask An Immigration Lawyer. And this question comes from Tina. This is, again, a very common question that we get asked a lot and the question is I am in the United States legally, I came here as a visitor and now I’m about to marry my US citizen boyfriend. How can I get a green card and what are the steps? Read more

Ep. 27 Married to a U.S. citizen but entered illegally. Can I still obtain a green card?

  • The big difference between coming to the US illegally and entering legally but overstayed your visa
  • The process you need to follow when you enter the US without inspection after April 2001; before this date section 245-I can be used to adjust status in US
  • In 2013 a new waiver was introduced to allow to file a pardon if the only offence is an overstay

Raw Transcript:

Jacob: Hello everybody, welcome to another episode of Ask an Immigration Lawyer. This is your host Attorney Jacob Sapochnick.

We’re getting a lot, a lot of questions from our Facebook page, very good questions. This one is from Leslie and Leslie’s questions is she married a US citizen, she entered the country without a Visa, she came illegally. Both don’t have any children yet but the marriage is bonafide. Leslie is wondering how can she legalize herself, how can she get herself documents by marrying a US citizen but entering the country illegally. Read more

Ep. 26 I stayed overseas for three and a half years after my green card expired. Can I renew my green card and try to use the card to enter the US?

  • If you leave the US more than a year without getting, for example, a reentry permit you may lose your green card
  • Two issues: not possible to renew it overseas and it could mean you abandoned your residency
  • Three years is considered a long time; card now is deemed abandoned. Best thing to do is to consult an attorney.

Raw Transcript:

Jacob: Hello everybody and welcome to another episode of Ask An Immigration Lawyer – you ask, we answer, simple.

Today’s question is coming from Phoenix, Arizona and the person is asking this. I stayed overseas after my green card already expired. I stayed there for about three and a half years and I’m thinking about going back to the US. Can I renew my green card and try to use the card to enter the US? Read more

Ep. 25 Why do we need to Submit Form I-864 Affidavit of Support and who is Exempt?

  • Petitioner or sponsor for family-based US green cards
  • Affidavit of support’s purpose is to ensure the government that the immigrant is not inadmissible
  • List of people who are exempt and roles of a petitioner or sponsor
  • 40 social security quarters need to be earned lawfully – it cannot be unlawful
  • Needs to file I-864w to explain those who are exempted

Raw Transcript:

Jacob: Hello everybody Jacob Sapochnick here with another episode of Ask An Immigration Lawyer – you ask, we answer, simple.

Today we’re getting a question from our Facebook page and this is regarding affidavit of support form I-864. The question is why do we need the affidavit of support I-864 form? Who needs it and are there any exceptions from filing this form. Great question. Read more

Ep. 24 Who can apply for a California Driver’s License under AB 60 and what is the process?

  • Beginning of January 2, 2015 any eligible person – a California resident – will be eligible to receive a driving license regardless of immigration status
  • DMV released a list of documents that will be accepted to prove identity
  • You need to establish California residency; key is to prove identity and residency

Raw Transcript:

Jacob: Hello everybody this is Jacob Sapochnick with Ask An Immigration Lawyer Podcast. Welcome to the show.

Today we have a very common question we’ve been getting in the past few weeks, since the beginning of the year. And the question is can I apply for a California driving license now under AB60 even though I’m not legally authorized to be here in the US. The AB60 law has been anticipated for months now. In fact since beginning of 2014 when they announced that they will pass this it’s been very exciting. So what is it? Read more

Ep. 23 Why was my tourist Visa denied based on Section 214(b)?

  • A tourist visa may be denied for lack of ties to home country
  • A person may not show any reason of returning back to the home country
  • Applicant may reapply especially if consular officer is not giving applicant a fair chance
  • Otherwise, applicant may want to wait for another six months before reapplying

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. You ask, we answer, simple.

Today’s question is coming through email. This person is from France. The question is I applied for a tourist visa, a regular B-2 visa and I was denied and no specific reason. Except from just one answer stating that I was denied based on Section 214B. What is this and how can I rehabilitate this application? Read more