Welcome to The Immigration Answers Show!
This week we talk about what to expect with your upcoming Naturalization Interview. Hopefully, the interview is one of the easiest parts of getting your citizenship.
Submit your questions at https://immigrationanswershow.com/ to have them answered on our show!
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Welcome to The Immigration Answers Show!
What CAN’T an immigration lawyer do? Are we magicians? Matchmakers? Headhunters?
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Welcome to The Immigration Answers Show!
Can a U.S. citizen sponsor a foreign spouse if the citizen is living abroad? Only if done the right way. Listen in to find out how.
Submit your questions at https://immigrationanswershow.com/ to have them answered on our show!
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Welcome to The Immigration Answers Show!
So you want to check in on the status of your case but don’t know how to get ahold of Immigration?
In this episode, we explain the types of questions you can ask Immigration and how to set up an Infopass appointment.
Submit your questions at https://immigrationanswershow.com/ to have them answered on our show!
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Welcome to The Immigration Answers Show!
Do I have to give up my home country passport when I become a U.S. Citizenship?
Submit your questions at https://immigrationanswershow.com/ to have them answered on our show!
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Welcome to The Immigration Answers Show!
What is Immigrant Intent and why will it stop me from getting a visit visa?
Submit your questions at https://immigrationanswershow.com/ to have them answered on our show!
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Welcome to The Immigration Answers Show!
Will USCIS be harder on my case if I sue them? They’re taking forever!
This week we talk about why suing in most situations makes sense.
Submit your questions at https://immigrationanswershow.com/ to have them answered on our show!
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Welcome to The Immigration Answers Show!
The Trump administration has made everything in immigration more difficult, even H1B visas. In this episode we discuss if there is still hope.
Submit your questions at https://immigrationanswershow.com/ to have them answered on our show!
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[0:00] This is immigration answer show with Jim hacking episode number 29.
[0:05] Welcome to the immigration answer show with your host immigration lawyer Jim hacking.
In each episode Jim will answer your questions about the u.s. immigration system discover why the New York Times The Wall Street Journal national public radio and buzzfeed.com have all featured Jim and get the help you need navigating our complex immigration laws. Now on to the show.
[0:32] Welcome to the immigration answers show where we answer your immigration questions 3 days a week! You got questions and we’ll do our best to answer them every Monday Wednesday and Friday.
Today’s question about the u.s. immigration system:
Are employers really sponsoring foreign Nationals for H-1B worker visas?
Today’s question comes from shiv.
Shiv has just graduated from Parkway University and he is on optional practical training and he’s wondering are employer still sponsoring people for work visas.
He is not a American citizen nor does he have a green card so he is here on an F-1 student visa from back home and he’s wondering is it still worthwhile to find an employer who can sponsor for an H-1B, are employers still going through the hassle of getting H-1B worker visas for their foreign-born employees. The answer to this question is without a doubt a yes even today,
with all the toughening down of immigration rules and procedures by the Trump Administration people are still getting sponsored for H-1B visas.
We had a great meeting last week with the young man from Bangladesh who has a small company that he works for he’s been on optional practical training for the last year which is a bridge between F-1 student status and work visas in the United States opt allows a student to remain on their F1 visa after graduation.
And to work temporarily for a US employer and then if the US employer likes them enough then they sometimes not always but sometimes go ahead and sponsor the for National for a H1B.
[2:06] Although the process is a pain in the butt it’s still something that definitely is occurring so an employer who would want to sponsor you Shiv they would have to find out what the wages for your occupation are, it has to be a specialty occupation in order for you to qualify for an H-1B visa, and that means that it’s sort of like a professional job or one that’s on a sort of a general understanding that it takes a specific degree in a specific field for you to be able to perform that job and.
Of course there’s a lottery and so employers spend a lot of money on lawyers and on filing fees and a lot of hassle doing all the paperwork dealing with the Department of Labor.
And US citizenship and immigration service but at the end of the day there are still employers that are finding out that there are foreign-born.
Employees are potential employees are so special that they’re willing to go to bat for them and we see it every year every year I have some soon to come to me and say oh mr. hacking no one’s ever going to sponsor me for an H-1B I don’t know what to do.
I told him to hit the pavement to start looking for employees who already have sponsor people for H-1B.
To do a lot of the leg work and then to make a great impression on them if they do get their foot in the door and have the opportunity to shine.
And that’s what happened with our young man from Bangladesh should hopefully that’s something that can happen for you.
We really hope that as you start out on your opt Journey that you’re able to find an employer who’s willing to sponsor you for an H-1B.
You should not lose hope it’s still possible it’s still happening,
employers around the country are filing H-1B we expect there to be many more applications submitted then are at then their visas available for so there will probably be a lottery in this upcoming year.
[3:50] And the rules and procedures are being tweaked a little bit to make it a little bit more difficult.
The government is asking out for a lot more evidence to demonstrate that the employee is qualified for an H-1B so the hassle is there the hassle is real.
[4:03] For the most part employees are still endeavoring to do this they’re still trying to get people work visa so I wouldn’t give up hope yet shift.
I hope this answers your question I hope that it helps you on your path.
Towards finding an employment Visa at hopefully with the game the game of staying in the United States we really hope that you’re able to do that and it all your immigration dreams come true.
If you have any questions give us a call at 314-961-8200. We hope you found this immigration answer interesting and helpful we look forward to answering more of your questions in the future.
Please be sure to give us a review on iTunes or wherever you download your podcast and please share the show with people who you think might find it helpful.
If you have an immigration question that you’d like answered on the show head on over to immigration answer show.com backslash fq,
that’s www. Immigration and sir show.com fq and I’ll try to answer it on an upcoming episode.
[4:58] Thanks for listening to the immigration answer show with Jim hacking be sure to visit us on the web at immigration answers show.com if you have an immigration related question please send us an email.
Questions at immigration answers show.com.
We look forward to serving you on our next episode and remember the answers provided on the show our other General nature this show does not constitute legal advice and no attorney-client relationship is formed.
If you have specific questions about your situation be sure to consult with an experienced immigration lawyer.
Welcome to The Immigration Answers Show!
People sometimes want to know if USCIS will consider their non-citizen spouse’s income in determining the affidavit of support obligations in spouse based green card cases.
In this episode we discuss whether or not its worth it for your case.
Thanks for listening!
[0:00] This is the immigration answer show with Jim Hacking Episode number 28.
[0:05] Welcome to the immigration answer show with your host immigration lawyer Jim hacking.
In each episode Jim will answer your questions about the u.s. immigration system. Discover why the New York Times, The Wall Street Journal, national public radio, and buzzfeed.com have all featured Jim
[0:24] and get the help you need navigating our complex immigration laws. Now onto the show.
[0:31] Welcome to the immigration answers show where we answer your immigration questions 3 days a week you’ve got questions and we’ll do our best to answer them every Monday, Wednesday, and Friday now on to today’s question about the U.S. immigration system.
What happens if my foreign-born spouse makes a ton of money, I make very little money, and I want to sponsor him for a green card?
Today’s question comes from LeeAnn. LeeAn is in Germany, she and her former fiance and now spouse spend a lot of time in the United States and they’re currently living in Germany and Leanne is wondering her spouse now he makes a lot of money.
He makes well over the 125% of the poverty guidelines and she wants to be able to sponsor him and she’s asking whether we can include his income In the calculations for the Affidavit of Support, and you might be wondering what is an Affidavit of Support.
In marriage-based Green Card cases the government wants to make sure that the foreign-born spouses not going to become a charge on the government in other words that they’re not going to be able to pay for their own expenses, and that the government is going to end up paying for their medical bills, or food stamps or things like that.
So they make the US citizen spouse sign an Affidavit of Support and if a US citizen makes a hundred 25% of the poverty guidelines then they are able to sponsor the foreign-born spouse and everything is fine it keeps the case moving the case moves along swimmingly and everything is fine so in those scenarios that’s pretty straightforward. But then we have scenarios where the US citizen for whatever reason has not been working maybe they’ve been in school.
[2:08] Maybe they don’t have a long journey history or maybe they’ve had periods of unemployment during the prior 3 years. In those scenarios the person often needs a co-sponsor.
And LeeAn is wondering what can we forget about the coast sponsor and can we just use the income of my spouse because he’s making plenty of money.
And the answer to that is probably technically that you can but it’s a huge hassle and it really slows down your immigration case so in those situations we strongly strongly strongly encourage the u.s. citizen to find a co-sponsor and not to try to rely on the income of the spouse who’s making plenty of money. The reason for that is that usas is simply not set up to calculator consider the income of the u.s. citizens foreign-born spouse that is that they just don’t look at the income of the foreign-born spouses.
They won’t consider it they send back request for evidence it slows down the case by months and months of the cleaner thing to do is just to find a US citizen or green card holder who is willing to sign on as a co-sponsor what that means is they promise that.
If the foreign-born spouse gets benefits that is if Leanne’s husband gets benefits and.
He can’t pay them back and Leanne can’t pay them back then they the cosponsor will pay them back. It does take finding someone who’s willing to do that a US citizen or green card holder it does involve them turning over their tax income statements to USCIS to demonstrate the day the coast monster make enough money, but you’re going to find that it’s much better to do it that way then it is to try to get them to consider the u.s. citizens income the US citizen spouse’s income because it just aren’t set up for it and it’s hurting.
They have this calculator that they use and it just seems that every time we try to do something creative either using the foreign-born spouses income or using assets or things like that it never works it always comes back to us having to find a co-sponsor.
And it’s just so much easier so our suggestion in these situations is to disregard the income of the foreign-born spouse.
To focus on your income and if you don’t make enough to Simply find a co-sponsor it might not be the easiest thing but at the end of the day it’s going to get your case approved a whole lot more quickly and that’s the whole shooting match that’s what we’re after is trying to get the case moving quickly. The thing is we can try to make a point, we can try to fight with them, we can try to argue with them, but at the end of the day they have the keys to the kingdom they’re the ones that issue the Green card or the Visa andt at the end of the day we just like to do what they ask because in all honesty it’s just a whole lot simpler for everybody.
We hope you found this immigration answer interesting and helpful we look forward to answering more of your questions in the future.
Please be sure to give us a review on iTunes or wherever you download your podcast and please share the show with people who you think might find it helpful.
If you have an immigration question that you’d like answered on the show head on over to immigration answer show.com backslash fq.
That’s www. Immigration and sir show.com fq and will try to answer it on an upcoming episode.
[5:17] Thanks for listening to the immigration answer show with Jim hacking be sure to visit us on the web at immigration answers show.com if you have an immigration related question please send us an email.
Questions at immigration answers show.com.
We look forward to serving you on our next episode and remember the answers provided on the show our other General nature,
this show does not constitute legal advice and no attorney-client relationship is formed if you have specific questions about your situation be sure to consult with an experienced immigration lawyer.
Welcome to The Immigration Answers Show!
ICE has been detaining people at record numbers. Today we talk about whether or not you may be eligible for a bond while you are detained.
Feel free to submit any questions you have at https://immigrationanswershow.com/FQ1 or email them to info@hackinglawpractice@gmail.com
Thanks for Listening!
[0:00] This is the immigration answers show with Jim hacking episode number 27.
[0:05] Welcome to the immigration answer show with your host immigration lawyer Jim hacking.
In each episode Jim will answer your questions about the u.s. immigration system. Discover why the New York Times, The Wall Street Journal, National Public Radio and Buzzfeed.com have all featured Jim and get the help you need navigating our complex immigration laws. Now onto the show.
[0:32] Welcome to the immigration answers show where we answer your immigration questions 3 days a week you’ve got questions and we’ll do our best to answer them every Monday Wednesday and Friday.
Can I get out on bond if I’m facing deportation?
Immigration and Customs Enforcement has been detaining people at a record rate,
the numbers are way way up lately and so that has resulted in a lot of people being placed in removal proceedings and some of them are detained.
And so we’ve had a lot of questions and today’s question comes from Moh who’s wondering can I get out on bond if I am facing deportation and if ice is taken into custody.
[1:09] So let’s think about this for a minute first of all it’s important to note that not everybody who faces deportation has to go to immigration detention.
That is set aside for people who committed crimes or other serious offenses and immigration Customs Enforcement or the immigration judge thinks that you are.
Not sitting out a person to be allowed into the community that for the safety the community that you should be detained that’s one of the reasons that you can get the tape and so.
When you get put in the deportation proceedings to receive something called a notice to appear and that’s a document the list why the government thinks that you should be deported and one of the other things that you should receive as a bond determination so.
Immigration Customs Enforcement is the agency that comes out and initiates the proceedings they serve that notice to appear on the alien and they also make a determination as to whether or not they believe the person is eligible for a Bond.
I’ve been hearing rumors lately that ICE is doing a lot less of that but they’re just sending everybody to see the immigration judge and the problem there is that it usually takes 2 or 3 weeks depending on how busy the Immigration Court is.
To get to see the immigration judge in the Kansas City court that we deal with a lot we’re seeing two or three weeks before someone can get to see the judge so the first thing to keep in mind is that you want to hopefully.
Get bond from immigration Customs Enforcement from the officers themselves they have the authority if they choose to use it to allow you to get out on Bond and they can set the bond.
And then you have family members or someone else you can come down and pay the bond so that you do not have to stay in Immigration detention.
[2:48] Immigration detention is not a fun place to be as you might imagine.
How many places are located far away from where the individual usually lives which means it’s hard for lawyers or family members to go see that person so being an immigration detention is not fun.
[3:02] Another thing to keep in mind is that some people are subject to what’s called mandatory detention.
Mandatory detention is for people who have committed certain crimes and are there for statutorily ineligible.
What does that mean, statutorily ineligible? What that means is that back in the late 90s late 90s President Clinton signed a bill that said that if you are detained for certain crimes then you cannot get out on bond the judge can’t let you out on bond ice can let you out on Bond and your subject to mandatory detention that means.
You’re going to be sitting in Immigration detention.
From the start of the proceedings until you finally have your merits hearing at the Immigration Court in other words the entire deportation process.
[3:45] But if you’re not so between Android attention you’re going to have a chance to ask for bond from the immigration judge and the judges have a lot of leeway in determining whether or not they give bond.
If you’re not subject to mandatory detention and they can set it at what the what amount they want it has to be reasonable and there are certain parameters for that.
But for now what you need to know is that you’re going to have basically two chances to obtain bond to get out of immigration detention while your case is pending one is with immigration Customs Enforcement.
And the other is at a bond hearing with the immigration judge and it a bond hearing.
The government might take a position that you should not be allowed on a bond even though you’re eligible and you and your attorney or you by yourself will be arguing that you should be eligible for bonding you want to show reasons why I like.
But you are supporting your family that you are not a safety risk that you’ve not committed serious crimes.
That is not real hardship on your family for you to be held in Immigration detention and so for that reason you ask the judge to allow you out on immigration bond.
You didn’t pay the bond at immigration Customs Enforcement.
And that bond is used to make sure that you keep returning to court so if you miss Court you’re going to Forfeit that Bond and then immigration Customs Enforcement going to come and get you and they’re probably not going to let you out on bond again so it’s real important if you do get Bond,
they do go ahead and keep making all your court appearances getting a good bond in a bond determination is not something that’s very easy for most people you probably want to work with an experienced immigration lawyer somewhere in the country.
If you have any questions about Bond about immigration bond in detention if you’re facing deportation or someone you care about is and you and you need help you have questions make sure to give us a call at 314-961-8200 you can email us at hacking law practice.
[5:28] We hope you found this immigration answer interesting and helpful we look forward to answering more of your questions in the future.
Please be sure to give us a review on iTunes or wherever you download your podcast and please share the show with people who you think might find it helpful.
If you have an immigration question that you’d like answered on the show head on over to immigration answer show.com backslash fq.
That’s www. Immigration and sir show.com fq and will try to answer it on an upcoming episode.
[5:59] Thanks for listening to the immigration answer show with Jim hacking be sure to visit us on the web at immigration answers show.com if you have an immigration related question please send us an email.
Questions at immigration answers show.com we look forward to serving you on our next episode and remember the answers provided on the show are of a general nature,
the show does not constitute legal advice and no attorney-client relationship is formed,
if you have specific questions about your situation be sure to consult with an experienced immigration lawyer.
