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Jacob Jan Sapochnick

Jacob Sapochnick’s Answers

25 total

  • My husband is currently working in the united states illegally because his H1B visa has expired.

    will this be a problem when filing I-485 form

    Jacob’s Answer

    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 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved. Thus your spouse's brief employment without a valid I-94 will not have an impact on his future Green Card case.

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  • My friend father want to become a U.s citizen what should he do?

    I know a friend who's dad is not a u.s citizen he has been here for more than 10 years and has no problem witht the law we were woundering what can we do he can obtain a residency here and have a good job. He also has a son that is turning 19 can ...

    Jacob’s Answer

    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.

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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 illegal immigrant came in the country with inspection, his visa has not expired but he overstayed according to his I94.

    Jacob’s Answer

    • Selected as best answer

    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

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  • Is there any hope for me?

    Arrived here legally with a tourist visa oct 2003. Jan 2004 was able to get an H1-B visa. Worked for a week but i was let go since my SSS number application hasnt gone through yet. Finally my number arrived may 2004, but the position i had with th...

    Jacob’s Answer

    you have to be patient and wait for his n400 to be approved. once approved he could file for you.

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  • Can F-2 apply for H-1B?

    My husband has a F-2 visa now, and I just applied for the OPT. He graduated from China with a bachelor degree, can he apply for H-1B if there is a company want to sponsor him?

    Jacob’s Answer

    Sure you can apply for an H1B visa. Now is the time as they still have visas open. emailme for assistance

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