Jacob Jan Sapochnick’s Answers

Jacob Jan Sapochnick

San Diego Immigration Attorney.

Contributor Level 11
  1. I'm holding a Conditional Green Card. Do I need to apply for I-131. We're going to a 10 day cruise outside US in a month.

    Answered over 2 years ago.

    1. Jacob Jan Sapochnick
    2. Kyndra L. Mulder
    3. William D. Fong
    4. Javier G Pineda
    4 lawyer answers

    Te Conditional Green Card (Permanent Residence Card), is just like a regular Green Card, but is limited to a 2 year term. This is to allow the USCIS to verify if the marriage is legitimate or was entered into for the sole purpose of getting a Green Card. Aside form the 2 years term, the card is just like a regular Green Card. So if you need to travel you can do so without the need to apply for the I-131 Parole or any other document. If you committed a Crime or any other violation that may...

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  2. Immigration law question: My wife has a green card that expires in 2017. We left the US for 15 months for personal reasons.

    Answered over 3 years ago.

    1. Jacob Jan Sapochnick
    2. Nicklaus James Misiti
    3. Rehan Shams Alimohammad
    3 lawyer answers

    Residence, for immigration purposes, is a question of your intent when you depart the country. As long as you are not planning to make your home somewhere else, then legally you are still a resident of the United States. Problems arise, however, because the U.S. Citizenship and Immigration Services (USCIS) will try to judge your intention by the way you act. As a general rule, if you have a green card and leave the United States for more than one year, you may have a difficult time...

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  3. Can an LPR marry an illegal immigrant? After the marriage, can the Illegal immigrant work legally and get a green card?

    Answered over 4 years ago.

    1. Jacob Jan Sapochnick
    2. Norma Lorenzo
    3. Lamar Peckham
    4. Ekaette Patty-Anne Eddings
    4 lawyer answers

    The simple answer is that an LPR can marry the illegal immigrant. But after the marriage, all he can do is file for the relative Petition for his illegal spouse. That filing will not confer any immediate benefits on the illegal spouse. There will be no right for a work permit, such benefits are only available if a person can adjust status legally, and if an immigrant visa is available at the time of filing. Jacob Sapochnick, Esq www.h1b.biz www.visalawyerblog.com

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  4. Do I have to be specific on the work dates for the past five years?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Karen-Lee Pollak
    3. Neil Ian Fleischer
    4. Jacob Jan Sapochnick
    4 lawyer answers

    There is no requirement for specific accuracy, just state the date as you remember and explain yourself at the interview. Good Luck.

    3 lawyers agreed with this answer

  5. Starting USA company- Foreign National- L1 Visa

    Answered 8 months ago.

    1. Carl Michael Shusterman
    2. F. J. Capriotti III
    3. Jacob Jan Sapochnick
    3 lawyer answers

    When establishing a new U.S. Subsidiary or Affiliate company for an L-1 Visa, you will want to keep the following in mind: The foreign firm and the US firm must have a “qualifying relationship.” The US and the foreign firm must have common majority ownership, or, where there is less than majority ownership, common control by the same person or entity. Ownership by a common group of owners where no owner has control or a majority interest can cause a problem if each individual owner does...

    2 lawyers agreed with this answer

  6. How can I get my fiance from Mexico to the United States?

    Answered about 2 years ago.

    1. Jan Joseph Bejar
    2. J Charles Ferrari
    3. Jacob Jan Sapochnick
    4. Nicklaus James Misiti
    4 lawyer answers

    He should not have applied for his residency is he was not in a viable relationship with his spouse. Hopefully he was not charged with fraud. But if you are to marry him in the future, he will not be allowed to enter the US just because of the marriage. You will need to file the necessary paperwork (Form I-130, etc), and go through the Immigration channels. It may take up to 12 months form him to be able to finally immigrate and you will need to establish that your marriage is legitimate as...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. Does EAD go invalid when changing Visa from L2 to H4?

    Answered almost 3 years ago.

    1. C. C. Abbott
    2. Jacob Jan Sapochnick
    3. Ekaette Patty-Anne Eddings
    4. J Charles Ferrari
    4 lawyer answers

    The L2 carries the benefit of applying for the EAD card. The H4 does not allow for the same benefit. As soon as you obtain H4 status, you should not be using the EAD card.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. Is it required to have a police report in order to self petition under VAWA?

    Answered almost 3 years ago.

    1. Jacob Jan Sapochnick
    2. C. C. Abbott
    3. Ekaette Patty-Anne Eddings
    4. Lynne Rogers Feldman
    4 lawyer answers

    In I-360 Self Petition the evidence submitted in the case is critical. It is important to review the evidence, in this case the report, before deciding if it will be helpful for your case. Please consult an experience lawyer before filing.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. Can I be eligible for a green card even though I claimed to be a citizen in a I-9 form? I am married to a US citizen.

    Answered over 3 years ago.

    1. Elizabeth Rompf Bruen
    2. Jacob Jan Sapochnick
    3. Rehan Shams Alimohammad
    3 lawyer answers

    It could be an issue if USCIS will get a hold of the I-9 form. Are you still employed at this company, how many years ago did you work there. Employers are required to keep I-9 forms for 3 years. An employer must retain the Form I-9 for each employee either for three (3) years after the date of hire or for one (1) year after employment is terminated, whichever is later. All current employees, therefore, must have Forms I-9 on file with the employer. So if that period passed, you should be...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. "Have you filed any I-601A applications," Do you usually include a legal brief with the application?"

    Answered 8 months ago.

    1. Carl Michael Shusterman
    2. Eric M. Mark
    3. Harlan Gregg York
    4. Jacob Jan Sapochnick
    4 lawyer answers

    We have processed many nationwide.

    1 lawyer agreed with this answer

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