Immigration News & Updates
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eNewsletter POSTING DATE: MAY 20, 2013
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This Week's Immigration News
Immigration News & Updates eNewsletter © 2011 - 2013
For questions about U.S. Residency, Green Cards and Immigration Visas, Visit our Website at: www.ImmigrateToday.com or call our office at: (954) 382-5378
As the Senate Immigration Reform Bill moves “Full Speed Ahead” in Committee, secret negotiations have been taking place behind closed door between a group of House Democrats and Republicans which resulted in a final deal being reached last week. Now, the group and their aides are busy working late into the night, drafting the House version of the Immigration Reform Bill.
The group of six includes Republican Representatives John Carter, Raul Labrador and Sam Johnson and Democrats Luis Gutierrez, Xavier Becerra and Zoe Lofgren supported by Republican House Speaker John Boehner and influential former VP Candidate Paul Ryan, who recently accompanied Rep Gutierrez on an Immigration Reform promotional tour.
House of Representatives Busy Drafting
New Immigration Reform Bill
Question: My husband (Green Card Holder) was arrested for DUI while in the process of obtaining his American Citizenship. He is now on a one year probation. Will this affect me under the new system (if the Reform becomes law)? What is your advice?
Immigration
Questions & Answers
With encouragement from House Speaker John Boehner, the bipartisan group has been meeting in secret for more than four years, ironing out major sticking points including provisions for a temporary guest worker program and giving immigrants access to Obamacare under the 2010 healthcare law. In the end, the group agreed to postpone a fight over the provisions for now, and work the issue out during the Judiciary Committee Amendment process or once it goes the full House floor for Amendments and a vote.
You can obtain a free copy of our Immigration Reform Legalization explanation & advice about preparing to apply as a “Registered Provision Immigrant” once the law is passed by calling our office at: (954) 382-5378.
Without disclosing the exact terms, insiders say that the deal includes legalization and a path to citizenship, as well as other major provisions including increased border security and guest worker visas to which the group have reached a Bi-Partisan “agreement in principle”. The final Bill is expected to be formally released by the first week of June.
At the same time, conservative Republican House Judiciary Committee chairman Bob Goodlatte has announced his own version of immigration reform, which does not provide a comprehensive reform, but instead, “piecemeal-type” Bills each dealing with separate immigration issues. Goodlatte is considered to be the major threat to the success of a House Immigration Bill with his chairmanship giving him a great deal of power - allowing him to control much of the legislative content of any proposed Bill which must pass through his committee.
Answer: Your husband’s recent DUI may likely have negative consequences for his pending naturalization, however, his DUI and probation will not affect you negatively in any way for your immigration process once the pending legislation is enacted.
The only issue for you is whether you meet the qualifications yourself, by having entered the U.S. before December 31, 2011, have remained in the U.S. and do not have any criminal issues which would disqualify you.
The USCIS Delays Implementation of the New
Customer Identity Verification Program
Recently, the USCIS announced plans to implement a new system called Customer Identity Verification (CIV) at all field offices as of May 6, 2013 to collect Biometric fingerprints and photographs of certain immigrants. However, due to system problems, the USCIS has postponed implementation and will of the program until technical issues are resolved.
Question: I am in the process of applying for my citizenship and plan to marry and sponsor my girlfriend who is a foreigner. She has a 10 year visitor visa. My approach would be to have her visit, get married here then proceed with the change of status application. Can she remain here during the process or does she have to return home? Is that the best way to approach it? If not I would welcome any other suggestions you may have. Your response would be much appreciated, thank you.
Answer: Immigration regulations allow foreign nationals who have applied for U.S. Residency through adjustment of status to remain inside the U.S. while waiting for their Green Cards. There is no requirement that your soon to be wife leave the U.S. to process outside.
However, your question does bring up one issue which couples should be aware of called “intent”. Since your Fiancée has a B1/B2 Tourist visa, she can come to the U.S. to visit and her intent upon entering the U.S. should be for a temporary visit. Of course, after she has been here for a month or so, your plans could change and you could decide to get married and have her apply for her U.S. Residency inside the U.S..
The only time this intent issue may come up is at your Marriage immigration interview, when the officer may ask if your wife entered the U.S. knowing she was going to immigrate. Entering as a tourist with temporary intent, then changing it about 30 days or more later by getting married and filing to adjust status gives reasonable time to show that the intent changed from tourism to immigration after arrival and would settle the issue. I hope this was helpful to you.
**** Breaking News ****
