In this video, I'm going to answer your questions. We've chosen randomly a few questions that you
post on our videos, in the comments, and we're going to feature a few of you in this video and
answer your questions. So, what are you waiting for? I'll see you on the other side. Welcome to
our Immigration channel. This is a place where we give you the most up-to-date information about
immigration news, immigration updates, and everything you need to make your immigration
journey stress-free. My name is Jacob Sapochnik, and I'm an immigration attorney located in San
Diego, California. And in this video, I'm going to be answering your questions. So, let's jump right
in. So, the first question is from Steve B. And Steve is asking, “I send my I-129 F application
on November 9. I haven't got a receipt, and it's January 18, right now.” This is a very
common question. We've done a video about USCIS receipt updates. You can watch it right here but
to answer your question, Steve, right now, they have severe, severe delays in receipt issuance.
And it's not uncommon for them to take that long. So, you're sending November, we're now in January.
I have clients that filed cases in mid-October, and they still don't have receipts. Now,
it doesn't mean that none of the clients receive receipts that file in October, but we have quite a
few that did. So, your case was filed in November, I think you should wait just a little bit longer.
And then, hopefully, you get your receipt. I know it's a very stressful period of time right now.
Specifically, when you file for those K1 visa applications, and that your fiancé is overseas,
she's also probably stressed out. So, what I can tell you and her and everybody else that
is watching, and you're filing for your K1, be patient because they are working on getting
their procedures up to date. They're also working on making things a little bit faster,
getting more staffing there. And hopefully, in the next few weeks, we're going to see a better
movement of receipt applications, and as well as them starting to schedule the interview. So,
don't worry, things are going to get better. Next question. The next question comes from Cutis Jati.
And the question is, “Will President-Elect Joe Biden undo the immigration ban on day one of his
office after swearing in? Please, Jacob, help me out.” So Jati, I do believe that President Biden
will and can undo all the proclamations on the first day, on the first week, when he's elected.
Remember, those are executive actions, and he can start signing those executive actions.
From the moment he is sworn in as president for more than a year, President-Elect Joe
Biden promised and campaigned that he's going to undo all of Trump's immigration policies
on day one, he specifically said that. He also said that while he’s transitioning,
his team is working very hard to be positioned that on day one, they're
going to be able to execute on his promise. Biden's incoming Chief of Staff, Ron Klein,
stated that they already have a list of upcoming executive orders that President-Elect Joe Biden
is going to sign in the first week in office. Some of them include, of course, immigration. So, I'm
very optimistic that we're going to see actions on day 1. The next question is from Bolkhali Ayuba.
And the question is, “Hi, we went to a marriage interview on the 18th of December, and our officer
said she might approve our application, but she will request another birth certificate.
We have not heard back from them, sill. Should I be worried? Thank you.” So Ms. Ayuba,
what happened to you is essentially a request for more evidence. Sometimes, at
the end of your marriage green card interview, the immigration officer may ask for more information.
And at that point, you have to respond within a certain amount of time. Typically, it's 30 days,
sometimes, it's 87 days, depending on the office jurisdiction. But remember, if you act quickly,
the immigration office typically will respond to you within six months and adjudicate this case.
The reason I'm saying six months is because, right now, USCIS offices are backlogged,
and it's taking really a long time for them to make decisions. But don't worry, as long
as you provide the birth certificate, which is not a very difficult Request for Evidence,
you should be fine. In your case, hopefully, it will be approved. It will take some time and be
patient. Patience is the key. Thanks for asking these questions, and I wish you all the best. The
next question is coming all the way from Germany from Jane. And the question is, “We are regularly
stationed abroad as my husband works for the Air Force. My interview is on the 27th of January,
the plan to travel on the 25th, I can't be able to get ahold of them, of USCIS, to reschedule. What
am I going to do?” Jane, this is a great question. And I'm getting loads of questions from my own
clients and many people that watch our channel. Here's what's going to happen. So, remember,
Jane, when you received your appointment for the interview, at the bottom of that appointment,
there are instructions on how to reschedule the appointment. If you cannot make it,
all you have to do is follow these instructions. Typically, it requires you to mail back the notice
and state the reasons why you can’t make it. Most people can reschedule their appointment at least
once. We also recommend, to call USCIS on their 1-800 number. Typically, you can get an agent,
and they can also log in the reschedule. But I would not rely on that, I would essentially just
follow the instructions on the appointment. And even on the USCIS website, that's exactly what
they tell you to do. Follow the instructions on the appointment for the interview, send it back
to them, certified mail, or FedEx to keep proof that you did that. So, in the future, let's say
they come back and say, “Well, we never heard from you,” you're going to have older proof to show
them that you did it on time before the interview. Prior to the pandemic, people were able to make an
Infopass and request the reschedule in person. Currently, this is not possible. Hopefully,
this information was helpful, and good luck in your interview. And thank you. Thank your husband
for his service. Next, our next question is from Mark Gabriel Gaming, and this is about employment,
“I was offered a job to work as a production worker [inaudible] one of the company. Recently,
I just got it a few days, to receive an email from the visa agency telling me about processing my
visa, and all the costs I need to pay. Enlighten me if the employer or employee should be paying
for the processing fee. Thank you.” So, whether it's an H2B visa, or an H1B visa, which I think
in this case, according to the Immigration and Nationality Act, and according to the regulations,
only the employer must pay the filing fees. In fact, if the employee pays the
filing fees, the immigration office may reject the application and send it back.
By law, only the employer has to pay the filing fees. And further, they should not be asking you
to reimburse them for the filing fees because, by law, they're obligated to pay the filing fees.
Now, if you work with an attorney or an agency or wherever he’s processing the case, you can pay for
the legal service fees. But when it comes to the filing fees, only the employer must pay the filing
fees. Hopefully, this is helpful. And hopefully, you get the job and be able to come to the United
States and fulfill your American dream. And that's our last question for the segment.
Thanks for watching. If you want your question to be featured, keep posting your comments,
keep posting your questions. We always scan those questions, and maybe we'll feature you next.
Once again, if you want a consultation with me make sure you text me on this number here and
I look forward to talking to you as well. Thanks for watching, and I'll see you in the next video.