Jacob Jan Sapochnick's Answers

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.

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

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

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

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

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

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...

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

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.

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

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.

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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.

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...

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How long does it take to get H4 approved for someone who is already in the US (currently on L2)

It is best to check the processing times for form I-539 for the exact time frame. But typically it takes about 90 days to get the H4 processed. If filed along with the H1B case, H4 cases are processed at the same time. So if you file the H1B premium processing along with the H4 request the case can be processed in 15 days. But in your case, the H1B is already approved so you are looking at 90 days more or less.

Citizenship- processing time

In San Diego you are looking at 4.5 from filing until you are called for the Naturalization interview (assuming one has a regular no issues case). Once approved at the interview, take another 30 days or so before you are scheduled for the Oath ceremony. Good Luck