Ep. 45 What are some of the ways to obtain relief from Removal/Deportation?

  • There are three ways: Cancellation of Removal, Asylum and Adjustment of Status
  • Cancellation of removal is a good way for people that had been in US for 10 or more years.
  • Asylum is a good way if you qualify to avoid removal.
  • Adjustment of status is when changing your status from known immigrant to lawful permanent resident.
  • Another way is called Prosecutorial Discretion.

Raw Transcript:

Jacob: Hello everybody, Jacob here. Ask An Immigration Lawyer Podcast. You ask, we answer, simple.

Today I’m answering a question from Mary. Mary is a person that left a comment on our Facebook page and the question is what are some of the ways to obtain relief from removal and be allowed to remain in United States? Continue reading


Ep. 44 Can Same Sex Couples file for Immigration benefits?

  • It is possible in the state that allows same sex couples to marry.
  • Same sex couples can marry and proceed with immigration benefits.
  • Even if you don’t live in the states that allows same sex couples to marry, as long as you married there, you can proceed with your federal benefits

Raw Transcripts:

Jacob: Hello everybody, this is Jacob and you ask, we answer, simple.

Welcome to our Ask an Immigration Podcast and today we have a question from our Twitter page from the state of New York. Eduardo is asking whether same sex couples can marry in the United States and pass the benefits of a green card from US citizen same sex person to their partner. Continue reading


Ep. 43 What to expect at the Stokes Immigration Interview?

  • Before an important benefit is given to a foreign national due to marriage to a US citizen, it is the USCS’s responsibility to make sure that the marriage is real.
  • A stokes interview is where the couple will be interviewed for the second time but this time separately. This is done when the couple fails to convince the USCS that the marriage is real on the first interview. A step in which is more complicated and better to be avoided.

Raw Transcript:

Jacob: Hello everybody, this is Jacob Sapochnick – another episode of Ask An Immigration Lawyer. You ask, we answer, simple. This is a podcast where you send email us questions on Facebook page – even directly – or we get them for our chats.

Today’s question is coming from Jenny in Phoenix, Arizona.

The question is why do immigration officer separate couples at a marriage interview and what is a stokes interview also known as a second interview? That’s a good question. Continue reading


Ep. 42 What is the H1B Visa Lottery Process and how does it work?

  • Typically, there are more applications filed for the available so there is a need for a lottery.
  • There is no exact breakdown of applications received but it should be available towards end of month.
  • It is a real lottery, so educational background or how much is paid for premium processing, will not change chances in the lottery.

Raw Transcript:

Hello everybody. This is Jacob here. You ask, we answer. Simple. Thanks for tuning in to our podcast. A lot of questions came in last week. A lot of them about the H-1B visa process. As you know, April 6 today, when I’m doing this show, we are just a day before the final day we can file under the lottery, before the lottery starts, and people are asking me… “How does this H-1B lottery work. What is this lottery all about?” Continue reading


Ep. 41 H1B Visa 2016 Predictions: How many cases will be filed this year?

  • At this time of year, it is very difficult to predict.
  • At least 25 to 27 percent of increase in cases last year – and this is just for the regular case.
  • My prediction is that about 220,000 to 225,000 applications that are submitted this year.

Raw Transcript:

Jacob: Hello everybody, welcome to Ask an Immigration Lawyer Podcast. You ask, we answer, simple.

Today’s question we are very, coming close to the filing deadline for H1B visas. I’m getting a lot of questions about the predictions. How many cases are going to be filed? As you know there’s only 65,000 regular H1B available plus 20,000 Master’s Cap. Last year almost double the amount of cases were filed so … People just want to know how many cases will be filed this year prediction-wise. Is it more or less than last year? Continue reading