Ep. 62 Can you leave the country while status of application is pending?

  • When you come to the US as a visitor, or a student, or on a work visa, sometimes you will need to change your status.
  • Can you leave the country while status of application is pending?
  • If you leave, it will actually result in the abandonment of the application.

Raw Transcript:

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

Today I want to answer a couple of questions that came from people that are either about to file or are currently waiting for their change of status application inside of US.

Whether you come here as a visitor, or a student, or on a work visa, sometimes you need to change your status. So for example, let’s say you came on a work visa and then you lost your job, you want to move from work status to a tourist status or a student status. All these things require what is called a change of status application. Continue reading

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Ep. 61 What is an advance parole?

  • It allows people to re-enter US after traveling overseas without an immigrant visa.
  • If you leave without a visa, you can’t go back unless there’s a permission to travel which is advance parole.
  • It preserves the adjustment of status application that is pending in USCIS.

Raw Transcript:

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

Today, I wanted to answer a question that involves an advance parole. What is an advance parole? The term is … you hear that when you are applying for your adjustment of status cases, you hear this when you actually have a need to travel out of the country. Continue reading

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Ep. 60 US Department of State Re-issues the October Visa Bulletin: “What can I do?”

  • On September 25th, the United States Department of State made some additional changes to the October 2015 visa bulletin. This essentially replaces the September 9 announcement.
  • It includes new and earlier date of filing cutoffs.
  • It is hard to say what caused them to reissue, but it can be assumed that they might be overwhelmed with the workload if they follow the earlier chart.
  • You should be prepared with your applications, get documents organized, as Department of State may continue to make changes on a weekly or a monthly basis.
  • Keep monitoring the visa bulletin.

Raw Transcript:

Jacob: Hello everybody, this is Jacob Sapochnick. You ask, we answer, simple. The My Immigration Lawyer Podcast.

Today, I wanted to update our listeners about the breaking news a couple of days ago. The US Department of State reissues the October visa bulletin and everybody’s wondering what’s going to happen now. Continue reading

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Ep. 59 October Visa Bulletin and Changes Allows Much Earlier I-485 AOS Filings: How does it work?

  • Starting on October 2015 visa bulletin will have a new separate cut-off date chart for finding adjustment of status cases.
  • Having this dual chart will have several purposes.
  • This is an advantage to those who are working for the same employer for years.

Raw Transcript:

Jacob: Hello everybody and welcome to Ask an Immigration Lawyer Podcast. You ask, we answer, simple. This is your host, Jacob Sapochnick.

Today I wanted to answer and explain the changes, the amazing changes that were announced last week about the October 2015 visa bulletin which will allow an earlier filing of adjustment of status applications known as the 45. This is a change that, I believe, we have not seen in more than 40 years. Continue reading

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Ep. 58 How can I get tourist visa if there are battery charges against me?

  • Criminal cases are big issue for visa approval.
  • It will factor whether you get approved for a visa or not.
  • Frequency and the recency of the crime will factor greatly – up to 5 years preceding when applying a visa.
  • When applying, a proof that you have changed your ways, good moral character can be submitted, but it will not guarantee for a visa approval.
  • Another way is the 212(d)(3) Nonimmigrant Waiver

Raw Transcript:

Introduction: You ask, we answer your immigration questions. Simple. Now your host immigration lawyer, Jacob Sapochnick.

Jacob: You ask, we answer. Ask an immigration lawyer. Thank you and welcome to another episode of Ask an Immigration Lawyer.

Today, I got a response to a direct email from Simon. Simon is in the UK. Simon is writing, “I live in the UK. Unfortunately I got two common assault battery charges in 2011 while trying to defend my mother and family. Continue reading

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Ep. 57 Update on the OPT STEM Extension Decision: Federal Court Says Immigration Rule Allowing 17-month STEM Extension is Deficient

  • OPT STEM has been extended.
  • This ruling will basically stop OPT Program.
  • District Court Judge Ellen Hovel found that the government made an error by not seeking public when it extended the 12-month OPT Program for STEM students.
  • The ruling could have invalidated the OPT extension immediately but instead the government gave 6 months to submit the OPT extension rule.
  • If the problem isn’t solved within 6 months, the OPT extension will be canceled on all these visa holders. They will then have only 2 months to leave the country.
  • OPT was created in 2008 due to the shortage of H1B visa.

Raw Transcript:

Introduction: You ask, we answer your immigration questions. Simple. Now your host immigration lawyer, Jacob Sapochnick.

Jacob: Hello everybody, this is Jacob here your host of Ask an Immigration Lawyer. You ask, we answer. There’s been a lot of changes, propose changes, a lot of interesting things happening in immigration law in the past week or so. Many of you heard about the breaking news from last week on the OPT STEM Extension news that had happened and I wanted to kind of talk about that. Continue reading

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Ep. 56 What is The 2-Year Rule on a J-1 Visa?

  • J-1 visa holders are required to go to their home country for 2 years after the program.
  • You have to either comply or get a waiver, if not, the requirement will stay with you forever.
  • It also applies even if one marries a US citizen.

Raw Transcript:

Jacob: You ask, we answer, simple. Ask an Immigration Lawyer Podcast. This is your host, Jacob Sapochnick. Today, I want to answer the J-1 2-year residency requirement question. People ask me, what is this 2-year rule on a J-1 visa? Continue reading

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Ep. 55 Are You Eligible for Green Card Through EB-5 Immigration Process?

  • 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.

Raw Transcript:

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

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Ep. 54 Interview with Katie Aragon, Silicon Valley Chapter Director of FWD.us

Raw Transcript:

Jacob: Hello everybody. Welcome to Ask an Immigration Law Podcast. This is the show where we talk about immigration law issues and everything that connects with our immigration law system.

Today we have actually a different format where I have a very cool and interesting guest on the show. We’ll talk about immigration policy and we’ll also feature the organization that she’s with and I’m very, very excited to have Katie Aragon today from FWD.us. Hi Katie, how are you? Continue reading

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Ep. 53 What is the Importance of Business Plans?

Raw Transcript:

Jacob: Hello everybody, this is Jacob Sapochnick. You ask, we answer, simple. Here’s another episode of Ask an Immigration Lawyer.

I’m actually recording it now here from Washington D.C. at the National American Immigration Lawyers Association Conference. So much content to share but I’m going to do this episode with a friend and a live guest here, Mark Deal. We’re going to talk about e-Visas and the importance of business plans because a lot have been talking about e-Visa approvals and how we can improve that with a sole business plan. Continue reading

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