Jacob Jan Sapochnick’s Answers

Jacob Jan Sapochnick

San Diego Immigration Attorney.

Contributor Level 11
  1. Citizenship- processing time

    Answered almost 3 years ago.

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

    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

    1 lawyer agreed with this answer

  2. Fraudulent university

    Answered almost 3 years ago.

    1. J Charles Ferrari
    2. Jeffrey Adam Devore
    3. C. C. Abbott
    4. Jacob Jan Sapochnick
    4 lawyer answers

    You should only marry if you are in a legitimate relationship, this is the key to the success of the case. As long as this is a Bona Fide Marriage, the overstay and falling out of status on the F1 will not be a problem. You are not subject to any bars as long as you have not departed the United States. In any case, see an attorney's advice prior to the filing.

    1 lawyer agreed with this answer

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

    Answered over 2 years ago.

    1. Jacob Jan Sapochnick
    2. William D. Fong
    3. J Charles Ferrari
    4. C. C. Abbott
    4 lawyer answers

    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.

  4. What is it like for an overstayed visa person to marry a GC holder and GC holder still has 3 yrs to become a citizen?

    Answered about 3 years ago.

    1. J Charles Ferrari
    2. Lynne Rogers Feldman
    3. Ekaette Patty-Anne Eddings
    4. Jacob Jan Sapochnick
    4 lawyer answers

    Unfortunately marriage to a Green Card holder will not allow the person to work and obtain any legal status until the spouse becomes a US Citizen. This is due to the fact that there is visa priority schedule that they need to follow and wait for the date to become current. Priority dates determine when a foreign national will have the ability to file the final stage of the application for the green card (GC), known as the adjustment-of-status (or I-485) application. The advantage of filing...

  5. Is there a waiver for misrepresentation of information during B1/B2 US visa interview? i am applying for C1/D visa now...

    Answered over 3 years ago.

    1. Christina Joan Murdoch
    2. Jacob Jan Sapochnick
    2 lawyer answers

    Based on the facts the only way to re apply is with a non immigrant waiver. A nonimmigrant waiver differs from an immigrant waiver in the same way that a nonimmigrant visa differs from an immigrant visa. If a foreign national is seeking to enter the U.S. to live here on a permanent basis – as a permanent resident with a “green card” – then s/he requires an immigrant visa. If s/he is inadmissible, then s/he will require an immigrant waiver in addition to his/her immigrant visa. There is not...

  6. Biometrics for re entry failed

    Answered over 3 years ago.

    1. Andre R. Olivie
    2. Leonard John D'Arrigo
    3. Jacob Jan Sapochnick
    3 lawyer answers

    We had the very same case last month. Our client appeared the second time and they tried several attempts to run the fingerprints, eventually it worked. They told him that if it failed, he would need to get a livescan or additional checks provided by the Service. I suggest you try again, it may work this time.

  7. Where can i go for free legal help in san diego

    Answered over 3 years ago.

    1. John Winston Phillips
    2. Thomas C Valkenet
    3. Jacob Jan Sapochnick
    3 lawyer answers

    Here is another link to free legal services http://www.justice.gov/eoir/probono/freelglchtCA.htm Here is also http://www.lassd.org/ Legal Aid Free Services. Many lawyers will also offer free consultation for you to get more info before you act. Good Luck.

  8. I'm a resident. It may be any way for me to be enmancipated or something like that?

    Answered over 3 years ago.

    1. Scott D. Pollock
    2. Jillian Nicole Kong-Sivert
    3. Jacob Jan Sapochnick
    3 lawyer answers

    An emancipated minor is a minor who is allowed to conduct a business or any other occupation on their own behalf or for their own account outside the influence of a parent or guardian. The minor will then have full contractual capacity to conclude contract with regard to the business. Whether parental consent is needed to achieve the "emancipated" status varies from case to case. In some cases, court permission is necessary. Protocols vary by jurisdiction. Emancipation of minors is a legal...

  9. What does it mean when my I140 case was transfered to a local office in my state?

    Answered over 3 years ago.

    1. Eli Mayer Kantor
    2. Stuart Jonas Reich
    3. Jacob Jan Sapochnick
    3 lawyer answers

    I-140 cases are not usually transferred to the local office. The only instances they are being moved is for verification purposes, to verify a person or a fact about the case. Once again this is very unusual to happen. Other times this is a mistake and you need to be proactive to have the case returned back to the Service Center where it came from.

  10. I have a pending I 130 visa which has had the first acceptence, is there a way to work and live in America while I wait?

    Answered over 3 years ago.

    1. Linda Yin Liang
    2. J Charles Ferrari
    3. Jacob Jan Sapochnick
    3 lawyer answers

    You cannot come to US just based on the approved I-130. You still can apply other types of visa and come to US based on that approved visa. When your Priority Date becomes current while in US legally, then you can apply AOS in US. If you are outside the United States, filing an I-130 does not allow you to live or work in the United States. An I-130 petition only establishes your relationship with your relative. You should wait outside the United States to immigrate legally. Look at work...

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