Visa Lawyer Blog

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By Yingfei Zhou, Esq.

Today, June 09, 2014, the U.S. Supreme Court ruled in a 5-4 decision that children who waited for years with their parents to obtain immigrant visas still have to go to the back of the line when they turn 21.

BACKGROUND: The case, Mayorkas v Cuellar de Osorio, began as two separate suits, one joining many individual plaintiffs, and the other certified as class action.  One of the respondents involved in this case is a Salvadoran family-sponsored immigrant who was in line for a visa along with her 13-year-old son.  But after years of waiting, her son turned 21 and government officials said he no longer qualified as an eligible child.  The aged-out son was then placed at the back of the line, resulting in a wait of several more years.

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The Law Office of Jacob J. Sapochnick is delighted to introduce our very own legal assistant/client relations specialist, Ms. Catherine Nieto in our first staff spotlight. Ms. Nieto has worked with our firm since 2012 and is one of the very first people you meet when coming in to the office or calling our office. She is not only personable, but genuinely enjoys learning about our clients lives and situations.

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 Bio: Ms. Nieto was born and has lived in San Diego, CA all of her life. Ms. Nieto’s passion for immigration stems from her family’s immigration to the U.S. many years ago from Mexico. Ms. Nieto is fluent in English and Spanish. Her knowledge  of Spanish enables her to assist our Spanish speaking clients. Ms. Nieto attended  San Diego High School and Southwestern Community College.

 Her responsibilities include assisting attorneys with immigration cases, which  include: Marriage Adjustments, Naturalization, and Removal proceedings. Ms.  Nieto helps to analyze case documents, completes paperwork, and maintains  contact with clients.

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Secretary of the Department of Homeland Security Jeh Johnson

On June 05, 2014 the Secretary of the Department of Homeland Security, Jeh Johnson, announced the renewal process for enrollment in the program, Deferred Action for Childhood Arrivals (DACA). Effective immediately, USCIS will begin to accept renewal requests, as well as initial requests from DACA applicants who have not yet benefitted from the program. The first DACA applications that were approved by USCIS will expire in September 2014. USCIS recommends that initial DACA approved applicants file their renewal requests approximately 4 months before their current DACA expires. Following the renewal process, these applicants will be able to remain lawfully present in the United States and apply for an employment authorization valid for up to 2 years. According to USCIS, more than 560,000 applicants have already been approved under DACA since April of this year. The Secretary of the Department of Homeland Security, Jeh Johnson, added that children who crossed the border illegally with their parent(s) in search of a better life, should not be punished as adult offenders and should thus receive different treatment, given that they did not have a choice in the matter.

NOTE: Individuals who have not resided continuously within the United States since June 15, 2007 are not eligible to apply for DACA.

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Common Issues and Preparation Tips

Below are some helpful tips and information that will help prepare you to file for your alien spouse or fiancé. This guide will also cover common issues to avoid that we have come across in our practice.

In order to successfully file a petition for your alien spouse or fiancé, you must first take care of four very important things:

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The Los Angeles Times recently released an article which discusses a new policy taken by the Obama Administration and Department of Homeland Security. The new policy aims at limiting deportations by making small, but significant changes to a program which started under the George W. Bush administration called Secure Communities.

Secure Communities

Secure Communities was created for the purpose of coordinating cooperation between federal immigration authorities and local law enforcement. The program allows federal immigration officials to request to utilize city and town police officials, as well as detention facilities to facilitate removal proceedings for immigrants found to be in the United States unlawfully.

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By Yingfei Zhou, Esq.

In late Friday afternoon of May 2, 2014, the client, a Canadian citizen, contacted our firm about applying for a TN visa as a Technical Publications Writer. A few days before coming to our office, he was denied TN status at the U.S./Canada Champlain border. According to the client, the border agent denied the application, after finding that our client had no experience as a Technical Publications Writer based on the documents presented at the interview. The denial was later confirmed by the CBP supervisor.

The client contacted our firm and wanted to retain us to review his prior application documents which were all prepared by him and help him re-apply for the same position. During the initial communication, the client told us that he already booked an early flight on Monday morning, May 5, to re-apply for the same visa at the Montreal airport. In particular, the client was worried about the strength of his case and was concerned about lack of time for case preparation before his travel on Monday. To relieve his anxiety, the case was immediately assigned to an associate attorney at our office specialized in TN visa applications to ensure that the case would be finished in the same afternoon.

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The Law Offices of Jacob J Sapochnick would like to wish you and your families a very safe and relaxing Memorial Day. We thank our soldiers and veterans for their courage, service, and their patriotism. Whether you spend your day at the beach or catching up on work, please take some time out of the day to reflect on the true meaning of Memorial Day.

“Four things support the world: the learning of the wise, the justice of the great, the prayers of the good, and the valor of the brave”

-Muhammad

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First time visitor at our office? We have you covered on what to expect during your first visit in 5 easy steps.

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Our Clients

Since every client’s case is truly unique, it is important for our potential clients to attend their free consultation, where a member from our team will explain the appropriate legal process that should be taken, in addition to answering all of their questions and concerns. Please contact our office to schedule an appointment for an in person or phone consultation at (619) 819-9204 or Toll Free at 1-866-488-1554

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Although our practice deals solely with immigration law, many of our clients are also interested in family law services, for the purposes of terminating a marriage or to go through the process of an international adoption. We have the distinct honor of inviting a guest writer for today’s blog post.

Getting married soon? Family law Attorney Zach Wallin will teach you why a prenuptial agreement is not just for celebrities.

TOP 5 REASONS YOU MAY NEED A PRENUPTIAL AGREEMENT

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By Ekaterina Powell, Esq.

Getting married is an important step in everyone’s life.  For some, it is a well-planned event. For others, it is a spontaneous decision. However, for those foreign nationals who are coming to the U.S. to marry U.S. citizens, it needs to be a very thought-through decision because if they marry too fast, it can result in big problems at the time they apply for the green card.

Whenever you come to the U.S. as a visitor, you represent to the immigration officer at the time of visa application and at the port of entry that you do not intend to reside in the U.S. permanently and that you intend to depart the U.S. after a short-term visit. Even if you are not asked a specific question by a consular officer or customers and border agent at the port of entry on whether you want to stay in the U.S., by way of coming into the U.S. with a nonimmigrant visa you show your nonimmigrant intent.

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