Jacob Jan Sapochnick’s 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.

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...

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...

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.

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.

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...

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.

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...

He need to find a way to get back in status under an H1B or any other work visa as soon as possible. As for future Green Card applications, Section 245(k) of the Immigration Act enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than...

If the Father is her illegally, his option to become a US resident are more limited and will depend on when he entered the US, how he entered (legally or not) and if any legal documents were filed for him in the past. As for his son, he could file and petition for his father when he turns 21. But the filing alone will not grant his father legal status. It will start the process to obtain his immigrant visa.