Ep. 52 Would Petty Theft Affect Adjustment of Status for Green Card?

  • 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.

Raw Transcript:

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

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Ep. 51 Can an H1B Visa Holder Change Geographical Location?

  • The Simeio Solutions LLC case issued a president decision which held that employers must file amended H1B petitions. It changed the landscape as when we decide to file the amended petition specifically for cases being processed after April 9, 2015.
  • This states that, one, when an H1B employee changes their place of employment to a work site location, employers must certify a new LCA to DHS; two, when there’s a material change in determine conditions of employment, an amended or new H1B petition must be filed by the employer/petitioner.

Raw Transcript:

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

This is an update based on a lot of questions we’re beginning because of some new case law that came out recently and this pertains to H1B visa holders that are changing location of employment. Continue reading

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Ep. 50 How to Apply for Green Card from Student Visa?

  • 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

Raw Transcript:

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

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Ep. 49 Legislative Update

  • 5th Circuit did not grant the government’s request to stay the injunction
  • There will be an oral argument on the merits of the case on July 10th
  • Actions are being taken in the implementation of parole status for entrepreneurs and job creators
  • Proposal in giving work authorization to people in certain cases who have approved I-140’s
  • Labor Department wants to see perm process be modernized.

Raw Transcript:

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

Today we have – I’m going to do kind of a little summary about a lot of the things that are happening as far as immigration legislation. I’ve got a lot of questions. People asking what’s happening with DAPA, what’s happening with the new DACA, what’s happening with some of the things that were announced by the President in November. So, I just want to give you a little recap before the summer. Continue reading

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Ep. 48 What is the Visa Bulletin and How to Use it?

  • Visa Bulletin provides valuable information on the immigrant visa number’s availability; both the family and employment side.
  • It has priority dates and cut-off dates.
  • The State Department publishes a monthly waiting list based on the applicant’s priority dates.

Raw Transcript:

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

I’ve been getting a lot of emails and inquiries about the Visa Bulletin. People ask me questions what it is and how does it work. Continue reading

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Ep. 47 What Is The Difference Between The L and E Visas

  • L visa is a known immigrant visa.
  • L status visa holders can file for green cards without losing their L status.
  • L visas can bring their family members. They can come on L2 visa.
  • It allows the primary holder of the visa to bring employees to US who are working for the same company abroad.
  • e-Visa is based on a treaty trade or treaty investment.
  • e-Visa requires a substantial investment.
  • e-Visa holder cannot apply for a permanent residency green card while L1 visa holders can.

Raw Transcript:

Jacob: Hello everybody, this is Jacob Sapochnick. Ask an Immigration Lawyer. You ask, we answer, simple.
Today we continue with our L1A visa series and I got a bunch of good questions about the benefits of the L1A visa and how it differs from the e-Visa, the investor visa. Continue reading

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Ep. 46 What is an L1A Visa?

  • It’s a non-immigrant visa. Only employees who’s been working for at least a year in the last three years in the company is qualified.
  • US Company must be a parent company or even a sister company of the foreign company.
  • Great for small companies or startup companies.
  • It can also be used by large/multinational companies.

Raw Transcript:

Jacob: Hello everybody, welcome to Ask an Immigration Lawyer. You ask, we answer, simple. This is your host, Jacob Sapochnick based in San Diego. We have some good questions today from our Facebook page. Today we are focusing on the L1A visa, and we have Josh from Texas who is asking what is an L1 visa and is this the most common way for somebody from overseas to open a branch office of the company abroad? Continue reading

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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

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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

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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

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