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  Immigration News & Updates              eNewsletter

  POSTING DATE: JANUARY 20, 2014
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This Week's Immigration News 
By Immigration Attorney Caroly Pedersen

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Immigration News & Updates eNewsletter ©  2011  - 2014  
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

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Immigration
Questions & Answers

Republican Immigration Reform "Principles" Likely To Include Legalization  
While House Republicans work hard behind the scenes to hammer out their grand Immigration overhaul plan, speculation abounds as to the specifics. And as with most big legislative issues, leaks about the details of the measure are showing up in the major media. Insiders in the House Republican Leadership are telling Politico that the plan will of course include:
-Increased Border Security and Interior Enforcement measures
-Mandatory Worker Verification System for employers to discourage future hiring of undocumented workers
-Reforms to Visa Programs to encourage more Hi-tech workers & and provide for agricultural labor 
-Specialized system to track foreign national’s entering the U.S. legally
Question: My husband filed for my Green Card and in August of last year and we had our interview at the immigration office. We thought they would give me my Green Card right then, but the officer told us that since we didn’t have many papers, we would hear from them in 90 days about what other documents they needed. Now its been five months already and we haven’t got anything and when we call the 800# and look online, they always say initial review. I’m wondering if they will just show up at our apt one night to see if we are together? Thanks for your advice.
Answer: ​What you are experiencing is a very common problem in marriage immigration cases when a couple attends the USCIS interview and does not have sufficient marital documentation to prove a “real marriage”. More so now than in the past, USCIS is requiring that extensive documentation be provided at the interview to prove a valid marital relationship and is more likely to reschedule the couple for a second interview, often 6 months and up to a year later, thus delaying Residency approval unnecessarily. 

Couples should be forewarned that filing for Residency through marriage can be a very risky process, unless they are fully prepared and understand the issues that are considered most important by  the USCIS for obtaining quick Residency Approvals and avoiding the otherwise long delays experienced by many.
Helpful Immigration Hints You Can Use
Locating a USCIS Authorized Doctor For the Required Medical Exam
When an Immigrant applies for U.S. Residency (form I-485) a special immigration medical exam is required to be performed by a doctor authorized to administer such exams by the USCIS

The doctor will perform the medical exam and complete form I-693, then give the original examination report to the patient in a sealed envelope. Make sure to ask the doctor for a copy of the exam. It is your legal right to have it.

Locate an authorized doctor near you
Each area will be handled by a separate Legislative Bill, on a step-by-step basis until all Immigration Reform issues have been fully dealt with.

Experts predict that these changes to the current Immigration system would provide Green Cards and a path to citizenship for over 1 million Dreamers, as well as to enable between 3 to 4 million immigrants now illegally in the U.S. to be immediately eligible for Green Cards, as the Parents of American citizens and Spouses of U.S. Citizens and U.S. Residents (Green Card holders).
Read More Articles About the Republican Immigration Reform Principles:
New York Times
Politico
MSNBC

Most importantly, the plan will also include:

-Dream Act – for Immigrants brought to the U.S. as children under age 16 and 
-Legalization through “earned legal status” for the nation’s undocumented immigrants – providing a provisional legal status with the opportunity to apply for Residency status through the existing system, based on sponsorship by a family member or an employer.
Each area will be handled by a separate Legislative Bill, on a step-by-step basis until all Immigration Reform issues have been fully dealt with.

Experts predict that these changes to the current Immigration system would provide Green Cards and a path to citizenship of over 1 million Dreamers, as well as to enable between 3 to 4 million immigrants now illegally in the U.S. to be immediately eligible for Green Cards, as the Parents of U.S. Citizens and Spouses of U.S. Citizens and U.S. Residents (Green Card holders).

This sudden and enthusiastic action by House Republicans to move forward on Immigration Reform is seen as a victory by Democrats and reformers who have been pushing the issue for years. However great challenges lie ahead, since any Immigration Reform Bill must be approved by both sides of Congress. Stay tuned….
You can make an INFOPASS appointment by going online to: http://infopass.uscis.gov/ to make an appointment at your local USCIS office to speak to an information officer about your case. Often, the officer will simply tell you that your case is “pending” and in the queue for a second interview (along with hundreds of others). In rare cases, the USCIS refers cases to be investigated prior to making a final decision, but this is the exception. It is really impossible to know, since I did not prepare your original case. 

Finally, you can contact your Congressional Office for assistance in getting your second interview scheduled sooner rather than later. But from now on, make sure that you and your husband  fully understand what will be expected of you at your next interview and begin creating an extensive paper trail of your relationship with a joint bank account, utilities, etc. to be fully prepared. You can contact our office for information on how  to best begin preparing now, for your next interview.
What to expect now: Generally, if you don’t receive your residency approval shortly after the marriage residency interview, you will either 1) receive a letter from the USCIS Officer requesting further documents (sometimes over 90 days or more later), or more likely, 2) 6 months and up to a year later, receive a notice for a second interview sometimes referred to as a “fraud interview” where they separate you and your husband and question you. 
You can find get more information about USCIS requirements for obtaining Residency through marriage by visiting our website at:www.Immigratetoday.com or by calling our office at: 954-382-5378.
Immigration How To – How Do I……. Get My Original Documents Back????
When filing immigration applications with the USCIS, Applicants should NEVER send original documents, since the USCIS will not return them. The only time originals should ever be sent to the USICS is when the officer specifically requests them, for instance in cases where original certified Court Dispositions and Police Reports are required when criminal issues are involved. 

Mistakenly sending originals is particularly urgent when a Petitioner sends an original Naturalization Certificate as proof of U.S. Citizenship, when sponsoring a family member. In such cases, obtaining a duplicate Naturalization Certificate can be quite costly ($345) and take quite a bit of time. 

However, when originals are mistakenly provided to the USCIS via mail, you can make a request for them to be returned by completing and filing form G-884, Return of Original Documents and submit to the USCIS office where your case is pending or where the last action was taken on your case. There is no filing fee required to make this request, but receiving your original document(s) can take up to one year. 

Visit the USCIS website page for Form G-884