Posts

Ep. 68 What are the Reasons for Green Card Denials?

  • 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.

Raw Transcript:

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. Read more

Ep. 65 Is the Fiancé Visa a Safe Visa?

  • The San Bernardino gunwoman came to the US on a fiancé visa. Is the fiancé visa safe?
  • Applying a K-1 visa is a very rigorous and complicated process — too many things they have to go and disclose — for a terrorist to use to enter the US. It is much easier for them to falsify application for a tourist visa, and enter US, than with the K-1.

Raw Transcript:

Jacob: Hello everybody and welcome to another episode of Ask an Immigration Lawyer. This is your host, Jacob Sapochnick.

Today I want to talk about an issue that we’re getting a lot of inquiries via emails and also via our Facebook page. This is regarding the horrific shooting in San Bernardino right here in California. We have two gunmen, a husband and wife, who shot more than 14 people in a horrific act of terrorism. Read more

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. Read more

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. Read more

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? Read more

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. Read more

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. Read more

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? Read more

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? Read more

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?” Read more