Ep. 35 I am detained by immigration. Can they just kick me out? How does the removal process start?

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  • You can’t just be kicked out
  • In most cases, unless there is an outstanding order of removal in your file, you have the right to defend your case in immigration court
  • Notice to Appear (NTA) is issued by Homeland Security to you and the applicant. It signals the initiation of removal proceeding against you
  • Review the NTA carefully to make sure there are no mistakes. Small details are very important when fighting for your right to stay

Raw Transcript:

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

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

Today we continue with some more questions about deportation and removal. And another question that people ask is how does the removal process start and also can I be just kick out of the country? Many people ask repeated Facebook and we have a couple of these questions where people ask can I just be picked up and kicked out of the country? Read more

Ep. 34 What specialty occupations are accepted for the H-1B Visa?

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  • H1B is there to allow qualified people to live and work in the US
  • Specialty occupation is an occupation that requires a bachelor degree or the equivalent in education and experience
  • But it doesn’t mean that just because your job is not within the occupations that are most common to get H1B visas it doesn’t mean that you can’t get it

Raw Transcript:

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

Jacob: Hello everybody, this is Jacob Sapochnick here and welcome to another episode of Ask An Immigration Lawyer.

We’re getting a lot of H1B questions these days and we know its H1B filing season here. April 1st is the deadline to file those visas and if you miss it’s going to be another year of wait so a lot of people are getting ready. Read more

Ep. 33 I want to apply for H-1B Visa this year. How do I know if I qualify?

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  • Meet certain educational and work related requirements
  • Employers must sponsor H1B holders and pay you the prevailing wage in order for you to get the visa
  • As there are too many people applying, it is very important to apply as early as possible

Raw Transcript:

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

Jacob: Hello everybody this is Jacob here with another episode of Ask An Immigration Lawyer.

This question comes from our Facebook page from Jorge and Jorge is asking a very relevant question for this time of year and he says I am a graduating student and I would like to find an employer who’s going to get me an H1B visa but how do I know if I even qualify for an H1B visa? I just don’t know. Great. Well, that’s a good question and let’s just dive right in. Read more

Ep. 32 H-1B Portability Rule & H1-B Transfer: I am an H1B holder and just found a new job, when can I start working for my new employer?

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  • As soon as you find an employer, and they’re actually going to file the case, even before approval you can start working for that employer.
  • 21st Century Act allows an immigrant to begin working for a new H1B employer as soon as that new employer files a petition

Raw Transcript:

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

Jacob: Hello everybody, welcome to another episode of Ask An Immigration Lawyer.

In this episode we’re going to be talking about H1B visa probability. This question comes from Jeff and Jeff is in California. He’s asking I am an H1B visa holder. At this point been working for my employer for two years now and I found a great job right now and I would like to transfer to the job. But the employer’s asking how soon can I start working for the new employer after filing the new visa? Excellent. That’s a great question and a source of confusion for many, many H1B holder. Read more

Ep. 31 What are the Best Ways to Get a Green Card to Live & Work in the US?

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  • 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

Raw Transcript:

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. Read more

Ep. 30 Married a Different Petitioner on a K1 Fiance visa, can I still get my Green Card inside the US?

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  • K-1 Fiancé visa is designed to marry the original US citizen petitioner
  • It will not be possible to proceed with an adjustment of status from inside the US, it has to go through the US Embassy in your country

Raw Transcript:

Jacob: Hello everybody, this is Jacob Sapochnick and welcome to another episode of Ask An Immigration Lawyer. This question is from Suki. Suki is asking about the K-1 Fiancé visa.

So came into the United States with a fiancé visa that was approved for 90 days to marry her fiancé but unfortunately things didn’t go well and Suki did not marry her fiancé. And the question is now that Suki is here for about a year now after the fiancé visa and she met somebody else, can she marry the new US citizen and proceed with adjustment of status in United States as well as getting a green card. Read more

Ep. 29 How can one get a work visa/permit to work in the United States?

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  • Most work visas require an employer to sponsor you and most work permits are usually benefit of some sort of a petition
  • If your spouse has a J visa, an L visa or an E visa you are allowed to work with a general permit
  • An H1B visa has a small exemption for self-employment

Raw Transcript:

Jacob: Hello everybody, this is Jacob Sapochnick. Your host Ask an Immigration Lawyer.

Today we have a question from Kimberly W. again from our Facebook and Twitter and her question is how do you go about getting a work permit or a visa to work in United States. Well, of course we know that most people that come here they want to be able to live and work here legally but how do you get a work permit to work in United States? Read more

Ep. 28 What is the marriage based green card process for persons already in the U.S. and entered legally?

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  • 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

Raw Transcript:

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? Read more

Ep. 27 Married to a U.S. citizen but entered illegally. Can I still obtain a green card?

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  • 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

Raw Transcript:

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. Read more

Ep. 26 I stayed overseas for three and a half years after my green card expired. Can I renew my green card and try to use the card to enter the US?

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  • 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.

Raw Transcript:

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? Read more