The Administrative Appeals Office (“AAO”) released to the public a new adopted legal decision (Matter of Dhanasar) for I-140 EB-2 National Interest Waiver (NIW) petitions. The new decision effectively replaces the previous NYSDOT three-prong test that had been adopted by the AAO for adjudicating NIW cases. Continue reading
- Applying for green card can be family-base or employment-based
- Reasons for the denial can be health-related, criminal-related, security-related, public charge, immigration crimes, not able to meet requirements, and not showing up to immigration appointments.
Jacob: Hello everybody. Well, welcome to another episode of Ask an Immigration Lawyer. You ask, we answer, simple. Today, I wanted to tackle a general topic that people ask all the time. They want to know what are the main reasons green card applications might be denied.
So, permanent residency, green card in the common name, we have family-based and we have employment-based. The common reasons that when you apply for permanent residency may result in a denial of your application. Continue reading
- It is issued to those who have the ability, and resources, to invest a minimum of $1 million.
- It doesn’t matter where you get the money from, as long as you have proof of where it came from.
- It can go to as low as $500,000 through specific requirements. It can also be more than a million.
- The money must be invested in a commercial enterprise. Starting a new one or buying an existing one.
Jacob: Hello everybody. You ask, we answer, simple. Welcome to the Ask an Immigration Lawyer Podcast. This is your host, Jacob Sapochnick.
Today, I’ll answer a question that’s been coming to us from emails and our Twitter account. This is about the EB-5 green card eligibility program. Are you eligible for green card through the EB-5 immigration process? How do you know if you’re eligible. Continue reading
- Be truthful and disclose any crime on the application. Failure to do so could be a problem.
- Most cases in most jurisdictions it will not be a problem as long as it’s fully disclosed.
- If it’s one offence, and as long as all the fines and rehabilitation programs has been completed, there is actually an exception.
Jacob: Hello everybody, this is Jacob here at Ask an Immigration Lawyer Podcast. You ask, we answer, simple.
Today we got a question from our Facebook page and this question is about petty theft and marriage-based green card.
Question talks about a person was arrested for petty theft and the court charged him with a misdemeanor and later the case was dismissed after a diversion program. Now this person just got married and would like to know if this theft – looks like it was under $100 theft from the store – is going to affect the adjustment of status for the green card. Continue reading
- F visa holder must know that when you apply for a green card you may lose the chance of renewing your F1.
- The length of a green card process can take two or more years. This process will not allow you a right to stay in the US.
- Until you can get to the adjustment of status process, you won’t be allowed to work.
- It may take years especially for those from India and China.
- Always get advice from a qualified attorney before filing from an F1
Jacob: Hello everybody, this is Jacob here at Ask An Immigration Lawyer Podcast. You ask, we answer, simple.
I’m getting a lot of questions now that the H1B lottery is over. Many, many people were not selected and they have to go back to student status, they have to give up those jobs because H1B visas were not – they were not selected in the lottery. Continue reading
- 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
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
- Five most common ways of getting a green card
- Family sponsorship. If it’s not an immediate relative you must wait in line with what is called as the priority date
- Green card lottery. If you win it, it’s free.
- Sponsorship by an employer
- Investing in the EB-5 program
- For asylum or refugees
Introduction: You ask we answer your immigration questions. Simple. And now your host immigration lawyer Jacob Sapochnick.
Jacob: Hello everybody, this is Jacob Sapochnick. You’re listening to Ask An Immigration Lawyer Podcast.
Today we have an exciting question from Jorge who is sending us this question from Texas. The question is what are the most common ways to get a green card in the United States today? This is a great question because everybody wants to know how to get a green card, what are the most common ways. So let’s start with the more obvious one.
So number one is getting a green card through a family sponsorship where you have an immediate family member, like a spouse or a child, over the age of 21. And also through not immediate family like siblings, brothers and sisters, who can also petition for you. Continue reading
- 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
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? Continue reading
- 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
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. Continue reading
- 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.
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? Continue reading