Ask An Immigration Lawyer



Thinking creatively about the American immigration system. In this new and exciting series of short Immigration Sounds Bites, Immigration Attorney and podcaster, Jacob Sapochnick, takes the audience on a daily journey of discovery about Immigration in America.You ask, we answer, Simple. All your Immigration Questions, from our Facebook Page, Blog and Emails.Listen in on this no-holds-barred look at the current state of our Immigration system, we share stories of inspiring Immigrants, highlight news and current events, and always answer your questions.Would love to hear from you, email [email protected] with any suggestions for the show.


  • AIM - 32 DACA update what you need to know today

    20/03/2019 Duração: 05min

    Deferred Action for Childhood Arrivals update, What you need to know today.   00:02 Are you confused about the current situation with DACA? What's happening? What you can do? Who Qualifies   00:16 We want to talk about the current situation with the Deferred Action for Childhood Arrivals, also known as DACA. What's going on? People are confused about it. Is it still in effect? Can we file? Can we renew?   00:39 But this program started in 2012 by an executive order issued by President Obama essentially allowing children live abroad into the United States illegally by their parents who are also undocumented who went to school and are not criminals and fulfill a few other requirements to be able to get a two year permit to work and stay in the U.S   01:31 One of the most important rulings came by a court in San Francisco in January of 2018. And they said that President Trump's decision to end DACA is based on flawed legal premise   02:10 it's very important to understand that as a resul

  • AIM - 31 E-2 Investor Visa How to show the source of the investment funds

    19/03/2019 Duração: 06min

    E-2 Investor Visa, how to show the source of the investment funds? 00:00 We'll talk about how to prove the source of funds of your E-2 investments   00:10 How do you prove whatever source of investment you have? How do you actually prove it?   00:25 we want to see the documents in that property, whether it's a house or cars or any other valuables. you have to provide those documents. 01:03 They sold the house, we want to see their, their documents so the person who gave you the gift has to prove where they got the money. 01:20 20 If your funds are coming from real estate we want to see, you know, the deed. We want to see proof of the bill of sale, the whole transaction history of the sale of the property in your home country 01:52 And so if you have stocks invested in France, in Switzerland in the Caymans, we need to see at least three years of tax returns and statements from those accounts to show how you funded your investment because it came from those things. 02:56 56 If your source of

  • AIM - 30 E2 - Visa Part 1 Can Loans or Gifts Count as a Source of Funds

    18/03/2019 Duração: 06min

    Can loans or gifts count as a source of funds for an e-2 visa?   00:00 Can loans or gifts counts towards source of funds for an e-2 visa as an investor.   00:17 As many of you know, in order to get an E-2 visa as an investor in the U.S. you really have to demonstrate a substantial investment, but also you have to show where the money is coming from for your investment.   1:11 A lot young entrepreneurs that are finishing school in the U.S. and they want to start a business. They're getting a gift from their families.   2:07 It's important to show how the person who gives the money is able to get the money and the person receiving the money has control of that fund in his bank account before they invest into the business.  That's a perfect way to be able to use gift money in an E-2 visa case. Another way is loans. We have a lot of people that have clients that they have some money, but I also want to be able to get a loan in their home country to be able to support the business.  

  • AIM - 29 E2 Investment Visa for Citizens of New Zealand 2019

    15/03/2019 Duração: 08min

    What is an E2 Investment Visa And the the Kiwi Act or the E-1 Visa for Citizens of New Zealand? 00:01.  Announcing an amazing change in the law that allows now people from New Zealand to come to the United States and start a business no matter what area you have an interest to start a business   00:58 The E-2 visa will allow any investor from New Zealand, first of all to start any company as long as they invest a substantial amount. Again, we recommend at least 50,000 U.S. dollars, but ideally it will be 100,000 that can be invested in any business.   1:58 You can purchase a business. So as long as you purchase a business, it could be a franchise, it could be an existing business or you can start your own business. So you can start a consulting company, you can start a restaurant, a coffee shop, whatever you desire, you can do that. As long as you can prove that the money that you bring from New Zealand is legitimate.   2:46. You can state at the port of entry that you were coming to,

  • AIM - 28 EB5 Visa Update by San Diego Immigration Lawyer - September 2018

    14/03/2019 Duração: 05min

    Updates on EB5 Visa, what you need to know.   00:00 Major changes to the EB5 half a million dollar visa coming up this week   00:13 this program extended to December 7, 2018, which means that everything remains the same, including the amount of money, 500,000 into a regional center and million dollar into a direct program, and half a million dollars into an undeserved area where people invest in targeted unemployed area projects.   01:08 It means that people that are doing EB5 visas, people that are interested to invest in these programs so they can get their green cards are already concerned because there's been a lot of rumors that the government is going to increase the amount.   01:28 There are rumors that this program is going to be canceled altogether   01:54 If extended in what form? Is it going to be the same amount? Are there going to be any restrictions on the EB5 regional centers? We have no idea   02:02 EB5 is unique program that is created by the U.S. Government allo

  • AIM - 27 Employers' Five Most Common PERM Mistakes San Diego Immigration Lawyer

    13/03/2019 Duração: 06min

    Employer's five most common mistakes when they are filing the labor certification also known as Perm. 00:03 The five most common mistakes that employer's make every single time when they are involved in the process of filing a labor certification.   00:26 When you prepare an ETA 1989, which is also the PERM application, it's very important to check every single line on that form. The number one mistake is that employers would do it on their own or even work with attorneys on experience in the process, they fail to check the form correctly   01:19 Employers and people that are working with employers make mistakes in the placement of the ads. Most common mistake that we see is putting those ads in the wrong dates and the wrong information.   01:51 It's really important to outline the recruitment schedule beforehand.   02:14 Employers and people who work with the employers who prepare the form, they fail to match the experience of the employee,   03:13 Once the ETA form has been submit

  • AIM - 26 Fiancé Visa or Marriage Visa What is the difference

    12/03/2019 Duração: 06min

    What's the difference between a fiancé visa and a marriage visa?   00:00 A fiancé visa or marriage visa. What's the difference?   00:10 We'll talk about the difference between a K-1 visa, a fiancé visa, and a marriage visa.   00:29 What is it K-1 fiancé visa?  A fiancé is usually reserved for people that are engaged to U.S. citizens only. 01:06 It's also important to understand that the fiancé visa can be sometimes quicker than a marriage visa.   01:42 Marriage visa is reserved to green card holders that want to file an I-130 for their spouses or for U.S. citizens that want immigrate as sponsor. 02:36 The main difference between a fiancé, visa and marriage visa is that first of all, for a fiancé visa, the couple/  They don't have to be married   03:22 They want to be able to test the relationship by living here together. Sometimes, those couples, it's the first time they actually live together.   03:56 It's good to know that there is the option of doing your fiancé

  • AIM - 25 How International Students can accrue Unlawful Presence Tight and Devastating Rules for Students!

    11/03/2019 Duração: 07min

    How International Students can accrue unlawful presence? 00:01 A new USCIS policy can have devastating consequences on students who overstayed or violate their status   00:15 The new UCIS policy coming up August 9, 2018 that will change the way a students, F-students, J-Students, M Students are considered to be accruing unlawful presence in the US if they violated their status by not going to school or working   1:25 The only way they could accrue that if they were apprehended by immigration official, by a judge who determine that at that moment they accrued over presence.   2:26 but the essence of accrual of unlawful presence will happen at the time of that interview when that person willmeet the immigration officer.   3:37 If they are here now, before August 9th they should try to speak with an immigration attorney to see what they can do facing that change in and the upcoming date because after that they will be a accruing unlawful. And it's important to make plenty because we have

  • AIM - 24 How to choose the right immigration lawyer for you

    08/03/2019 Duração: 07min

    How to choose the right immigration lawyer for you 00:00 You need an immigration lawyer, but how do you find the right one   00:11 We wanted to answer one of the most common questions that I get asked how to find the right immigration lawyer for you.   00:36 It's really important to start with a referral   01:06 Most immigration attorneys are offering free consultations. And so it's important to choose some of those that are offering free consultations.   01:25 . Most immigration attorneys are working on a flat rate basis. 02:00   02:47 Most attorneys are working on an hourly basis, but a lot of immigration attorneys are shifting to the flat fee model, which basically allows you to know upfront how much are going to cost you to pay for the case, how much you're going to take time on, on their side to prepare the file.   03:42 Another important factor is to find out if this attorney is a member of AILA, the American Immigration Lawyers Association, which controls most of the imm

  • AIM - 23 How to fill out the Form I-485 for an Adjustment of Status in the United States

    07/03/2019 Duração: 27min

    How to fill out the Form I-485 for an Adjustment of Status in the United States? 00:01  We don't give legal advice but I felt it would be nice to show how to complete a form, what it looks like. It's all done for general information only and when you have a case like an adjustment of status based on family, on deployment, those are really complicated things and you should definitely work with an attorney   00:35 We will now begin with form I-45, and this form is extremely important that you have all of your information correct because this is the form that the USCIS will use in order to prepare your green card.   02:07 Information about you continues with the country of birth and country citizenship. The alien number again, is only if you've been in the U.S. before. So if you entered the U.S. through crossing the border or an airport and you were admitted at a port of entry, which you have to have been admitted at a port of entry in order to file for adjustment of status, you will click on th

  • AIM - 22 How to get a green card if US citizen passed away

    06/03/2019 Duração: 04min

    How to get a green card if U.S. citizen passed away? 00:01 ] A U.S. citizen spouse just passed away. You're about to get your green card. What do you do? How do you get your green card on your own?   00:14 There are cases where a couple of starts the process, they file their I30 to 45. They're going through the process and suddenly a tragedy happen and the U.S. citizen spouse passes away, an illness, a car accident What do you do?   1:09 There is a petition called I360, a widow petition where if the person is still married at the time of death and they were living together as a bona fide marriage that the surviving spouse can file an I360 petition as a widow, and then complete the process on her own.   2:03 It's very important to document all the paperwork and come prepared for that interview with your attorney to make sure that they understand the law and will adjudicate the case.

  • AIM - 21 How to get a Green Card through an employer (EB2EB3) San Diego Immigration Lawyer

    05/03/2019 Duração: 07min

    How to get a Green Card through an employer? 00:04 The first step in the process of getting a green card through an employer is actually have the employer commit to giving you that job.   00:18 The first step in the process is going to be, we called his perm, PERM Labor Certification, the Labor Certification.  And the Labor Certification process involves essentially an employer filing a petition with the Labor Department and several other things with the Labor Department proving that there are no U.S. citizen workers that are qualified to do this job. 1:18  The reason is because not only that employer has to sign the forms, be involved in all the recruitment process and everything else that we're going to describe, but also they have to be paying most of the fees that are involved in the process, including the lawyer fees   2:31 Once we have a certified labor certification, after we went through all the hoops of advertising and doing whatever is required, the employer with that certifi

  • AIM - 20 I-130 Petition for Alien Relative - How to fill out the Form I-130 to Immigrate a Spouse Lawyer TI-130 Petition for Alien Relative - How to fill out the Form I-130 to Immigrate a Spouse Lawyer T

    04/03/2019 Duração: 23min

      A lawyer tips on the petition for an alien relative and How to fill out the Form I-130 to Immigrate a Spouse Show Notes: 00:00 A breakdown of how to complete an actual I-130 family petition a form.   00:35 The form I-130. This is the petition for an alien relative, so this is where you are petitioning your spouse and you want to make sure that you complete this form as thoroughly as possible   00:46 Remember the petitioner is the U.S. citizen, so if you are a U.S. citizen through naturalization, you used to have an alien registration number.   01:46 You do want to enter your social security number.  You want to enter your last name, first name and middle name, and you want to make sure that you have typed incorrectly.  You want to enter the city or town that you were in and your country of birth, your date of birth, and your sex, male or female, 02:18 Make sure your address is correct because if it's wrong, you're not going to get your receipts. So don't forget the apar

  • AIM - 19 I-601 Waiver Winning your waiver best tips and strategy by San Diego Immigration Lawyer

    01/03/2019 Duração: 07min

    00:03 We will cover one of the most complex areas of immigration law and as the waivers of grounds of inadmissibility.   00:23 We'll  specifically about the I-601 Waiver that is a very powerful waiver that can waive grounds of unlawful presence, or certain criminal activity as well as misrepresentation and fraud.   00:44 It is very important to connect a qualifying relative that will be the focus of our waiver because if there isn't qualifying relative by law, then we don't have a waiver and that case would not be possibl   01:35 What is the standard of I-601 waiver? The legal standard is extreme hardship.   02:00 It is extreme hardship to the U.S. citizen qualifying relative this case, a parent or a spouse   02:18 We have things like family ties in the U.S. or in the foreign country. If the U.S. citizen, spouse or parent has been live in the U.S. for many, many years, they have strong roots here. Uprooting them from here is going to cause them extreme hardship cause they don't k

  • AIM - 18 Immigration Law Q & A DACA Update and more & what you need to knowImmigration Law Q & A DACA Update and more & what you need to know

    28/02/2019 Duração: 39min

    00:02 We are going to talk about immigration changes and updates   00:43 We're going to start off with some of the topics because I know you all want to know the most pressing and most important things that are happening in immigration.   01:23 President Trump met with top CEO's and Fortune 500 companies yesterday and they were just had a dinner talking about different things.  They basically were pressing him on immigration. they actually wanted him to create a program that will allow skilled workers to be able To come here in a much better way. 02:04 Another important thing that happened that was the announcement by a judge, that the DACA program will continue.   02:24 A judge gave 20 days to the  Trump Administration to reinstate that DACA for extension and for new obligation.   03:21 Its also constitutional challenge because one judge is saying give you 20 days to bring back that DACA and another judge pulled on the seat today or this week, destroyed DACA so maybe it's goin

  • AIM - 17 How a Citizen of New Zealand get a Visa for the USA (Business) E2

    27/02/2019 Duração: 07min

    How a Citizen of New Zealand get a E2 Business Visa for the U.S. 00:00 The new E2 visa and E1 visa for citizens of New Zealand is a new opportunity based on the Kiwi Act that was signed recently by President Trump and this visa will allow citizens of New Zealand to come to the United States, invest and start their own businesses.   00:47 You must have at least $50,000 to $100,000 as a minimum investment to invest in your own business. This is an amount of money that you currently have in New Zealand that you either earned it or you inherited it or you got it as a gift.  Another requirement is that you actually have to come to United States and open and start a company.   01:20 If you identified the business before you arrive and you're able to purchase that business and using that purchase you can start your…your business in the United States and obtain an E2 visa.   01:39 Another requirement is that we have to prove where the money came from.   02:09 The U.S. government would like