Ep. 40 Time for Citizenship: How many years after obtaining a Green Card can one apply for Citizenship?

  • How a person got his permanent residency is important
  • If one is still married with the US citizen, one can apply for a citizenship after three years. However, if one is divorced to the US citizen, one can only apply after five years since the date of one’s green card.
  • But any other form – except being married to a US citizen – i.e. green card through employment, you have to wait five years.

Raw Transcript:

Jacob: Hello everybody, this is Jacob with Ask an Immigration Lawyer Podcast – you ask, we answer, simple.

Today’s question is from our Facebook page and it’s from Tony. Tony is asking, “I’m a green card holder. I’ve been a green card holder for the past 10 years. How many years do I need to wait from the moment I got my green card to the moment where I can file for my US citizenship?” Well, that’s a great question. Read more

Ep. 39 DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses. When can H4 Spouses Work?

  • H-1B visa allows professionals to work in the U.S. but their spouses come on an H4 visa are not allowed to work.
  • Department of Homeland Security is extending eligibility for employment to certain H4 dependent spouses of H-1B workers.
  • Will be effective May 26, 2015.

Jacob: Hello everybody, this is Jacob Sapochnick with Ask An Immigration Lawyer. You ask. We answer. Simple. Today we have exciting news. Many questions are pouring in and this is following the announcement extending the eligibility for employment authorization to certain H4 dependent spouses of H-1B non-immigrant workers looking to work in the United States. Read more

Ep. 38 How can I apply for an I-601 "Extreme Hardship" waiver?

  • Approval of an I-601 waiver is needed for those who are eligible for a green card but facing immigration bars
  • USCIS issues this waiver but you have to give proof or convince them of any hardship

Raw Transcript:

Jacob: Hello everybody. Welcome to another episode of Ask An Immigration Lawyer. In today’s episode we’re going to talk about 601 extreme hardship waiver and this is a question from Meredith regarding her husband. Meredith wants to know what is a 601 Extreme Hardship Waiver and why you want to need it and how can you apply for one. Read more

Ep. 37 What is a Fiance Visa (K1) and what are the requirements to apply?

  • Only a US citizen, not a green card holder, can file a fiancé visa
  • You have to be married within 90 days upon arrival. If not, the foreign national must depart US
  • Both parties must be free to marry throughout the whole process
  • Physical meeting is crucial, however, there are exemptions. Provide proof of relationship

Raw Transcript:

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

Today I will be talking about the K1 Fiancé Visa. What are the requirements, what it is. We have tons of questions about fiancé visas, a lot of confusion, who can or cannot apply for this visa. Read more

Ep. 36 Who can be deported from the U.S. and what are the grounds for removal?

  • having a green card or visa does not mean you cannot be removed
  • these rights depends entirely on the person following certain rules and avoiding certain types of legal violations
  • US citizens cannot be removed unless they use fraud to gain citizenship
  • list of grounds for removal

Raw Transcript:

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

Jacob: Hello everybody and welcome to another episode of Ask An Immigration Lawyer. This question comes from Jose and he is wondering who can be deported from United States and what are some of the grounds of deportability?

Well, that’s a great question. Deportation and removal is a sensitive topic and people are always wondering. A lot of people who carry non-immigrant visas or green card holders have the rights to be in United States just like anybody else. These rights depend entirely on them following certain rules and avoiding certain types of legal violations. And so the US immigration launch set forth many grounds upon which a known citizen may be deported, remove back to the person, country of origin. Just because he have a visa or even a green card does not mean you cannot be removed. Read more