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

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

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  • 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. Read more

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

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  • 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. Read more

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

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  • 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

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

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  • 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? Read more

Ep. 40 Time for Citizenship: How many years after obtaining a Green Card can one apply for Citizenship?

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  • How a person got his permanent residency is important
  • If one is still married with the US citizen, one can apply for a citizenship after three years. However, if one is divorced to the US citizen, one can only apply after five years since the date of one’s green card.
  • But any other form – except being married to a US citizen – i.e. green card through employment, you have to wait five years.

Raw Transcript:

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

Today’s question is from our Facebook page and it’s from Tony. Tony is asking, “I’m a green card holder. I’ve been a green card holder for the past 10 years. How many years do I need to wait from the moment I got my green card to the moment where I can file for my US citizenship?” Well, that’s a great question. Read more

Ep. 39 DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses. When can H4 Spouses Work?

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  • H-1B visa allows professionals to work in the U.S. but their spouses come on an H4 visa are not allowed to work.
  • Department of Homeland Security is extending eligibility for employment to certain H4 dependent spouses of H-1B workers.
  • Will be effective May 26, 2015.

Jacob: Hello everybody, this is Jacob Sapochnick with Ask An Immigration Lawyer. You ask. We answer. Simple. Today we have exciting news. Many questions are pouring in and this is following the announcement extending the eligibility for employment authorization to certain H4 dependent spouses of H-1B non-immigrant workers looking to work in the United States. Read more

Ep. 38 How can I apply for an I-601 “Extreme Hardship” waiver?

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  • Approval of an I-601 waiver is needed for those who are eligible for a green card but facing immigration bars
  • USCIS issues this waiver but you have to give proof or convince them of any hardship

Raw Transcript:

Jacob: Hello everybody. Welcome to another episode of Ask An Immigration Lawyer. In today’s episode we’re going to talk about 601 extreme hardship waiver and this is a question from Meredith regarding her husband. Meredith wants to know what is a 601 Extreme Hardship Waiver and why you want to need it and how can you apply for one. Read more

Ep. 37 What is a Fiance Visa (K1) and what are the requirements to apply?

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  • Only a US citizen, not a green card holder, can file a fiancé visa
  • You have to be married within 90 days upon arrival. If not, the foreign national must depart US
  • Both parties must be free to marry throughout the whole process
  • Physical meeting is crucial, however, there are exemptions. Provide proof of relationship

Raw Transcript:

Jacob: Hello everybody and welcome to another episode of Ask An Immigration Lawyer – you ask, we answer, simple.

Today I will be talking about the K1 Fiancé Visa. What are the requirements, what it is. We have tons of questions about fiancé visas, a lot of confusion, who can or cannot apply for this visa. Read more

Ep. 36 Who can be deported from the U.S. and what are the grounds for removal?

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  • having a green card or visa does not mean you cannot be removed
  • these rights depends entirely on the person following certain rules and avoiding certain types of legal violations
  • US citizens cannot be removed unless they use fraud to gain citizenship
  • list of grounds for removal

Raw Transcript:

Introduction: You ask we answer your immigration questions, simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: Hello everybody and welcome to another episode of Ask An Immigration Lawyer. This question comes from Jose and he is wondering who can be deported from United States and what are some of the grounds of deportability?

Well, that’s a great question. Deportation and removal is a sensitive topic and people are always wondering. A lot of people who carry non-immigrant visas or green card holders have the rights to be in United States just like anybody else. These rights depend entirely on them following certain rules and avoiding certain types of legal violations. And so the US immigration launch set forth many grounds upon which a known citizen may be deported, remove back to the person, country of origin. Just because he have a visa or even a green card does not mean you cannot be removed. Read more