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  Immigration News & Updates              eNewsletter

  POSTING DATE: JANUARY 27, 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

Key House Republicans And Democrats Discuss 
Bi-Partisan Immigration Reform Plan
In line with recent positive actions by Republican towards Reform, in a meeting last week with the Democratic Party Leadership, President Obama vowed that the House of Representatives would pass Immigration Reform in 2014. Following the meeting, Democratic Senator Charles Schumer told reporters “I think our Republican colleagues realize that to be blocking immigration reform is not good for them,”. 

To help accomplish this, key Democrats in the House are in secret discussions with House Speaker Boehner’s Immigration Reform policy director, as well as Paul Ryan and other key Republicans to hammer out a compromise plan which they believe both Republicans and Democrats can support. 
Question: Back in 1991 I took the Naturalization test and passed it! I was waiting for the swearing date and Hurricane Andrew came and destroyed all mailboxes and mail deliveries were cancelled! so I went back to check my status like 5 times and immigration said they could not find me in the system. I don’t understand why I have to pay again for a new application when I was already approved and when it was not my fault since they lost my application! Please help!
Answer: ​ I understand how frustrating it can be! However, because it was so long ago, your case has been closed by the USCIS. We could have helped you within the first several years of taking your test to get you rescheduled for your swearing-in, but unfortunately, now, it is too late. 

You’ll need to have your case re-filed and take the test again. The process is fairly quick, it takes about 4-5 months. Let us know if you want us to handle the re-filing of your Naturalization case. I hope this was helpful to you.
Helpful Immigration Hints You Can Use
Send USCIS Applications and Correspondence 
by U.S. Express Mail
Send USCIS Applications and Correspondence by U.S. Express Mail for easy tracking and delivery confirmation
Immigration applications and any follow-up correspondence with the USCIS are such important matters, that you should take the additional step of sending these documents to the USCIS by a safe, quick method, which allows you to verify the date and time of delivery to the USCIS. This is especially critical when you have received a Request For Additional Evidence from the USCIS and must provide the requested documentation by a specified deadline. 
You can find out more information about Naturalization, Residency and other Immigration cases by visiting our website at:www.Immigratetoday.com or by calling our office at: 954-382-5378.
Immigration How To – How Do I……. 
Register A Child For A Social Security After Birth ????
​This is an important topic for foreign parents who do not have legal immigration status and have a baby born in the U.S., Registering a child born in the hospital for a social security number is part of the process called Enumeration at Birth (EAB). This process is vitally important because it facilitates the issuance of the child’s Social Security Number(SSN) and entry into the State Vital Records showing the child is a U.S. Citizen. 

The EAB program assigns SSNs to newborns as part of the hospital birth registration process. During this process, the hospital representative asks the parent for information to complete the birth certificate, and if they would like the State's vital statistics office to forward information to SSA to assign an SSN. If the parent agrees, the hospital representative checks a block on the form indicating that the parent wants an SSN assigned to the child. The State vital statistics office then provides SSA with an electronic record used to assign an SSN and issue a card. 
Private meetings between Democratic Rep. Luis Gutierrez and Republican Representatives Mario Diaz-Balart of Florida, Raúl Labrador and Ryan include discussions on putting together a bipartisan strategy to be presented to members in each Party of the House.

Experts say the House Republican leadership plans to introduce Four Immigration Bills in the Spring to be voted on by Summer’s end, which are expected to include a Legalization measure providing legal immigration status for millions of undocumented Immigrants currently in the U.S.. The remaining Three Bills will include: 1) the  Dream Act, to provide legalization for Immigrants brought to the U.S. as children, 2) Specialized Tracking System to track foreign nationals entering the U.S. legally and finally 3) Work Visa Reforms for low-skilled workers. These Bills will be combined with several Bills passed by House committees in 2013 for Highly-skilled Work Visas and Increased Border Security Bills. Stay tuned…
Supreme Court Decision May Provide Hope For Immigrant Children Over Age 21
The Supreme Court is expected to release a ruling this year which may provide expedited Residency for thousands of children who were denied Green Cards simply because they turned age 21. Under the current law, children under age 21 who are initially eligible to immigrate along with Parents who were sponsored by a U.S. Citizen relative or Employer become “disqualified” once they turn age 21. This means that after waiting in line for a for up to 12 years or more, a child becomes ineligible to immigrate to the U.S. along with their parents if the Residency interview is held on or after the child turns age 21, this is called “Aging Out”. To counteract this, Congress passed a law called the Child Status Protection Act (CSPA). Under one provision of the CSPA, the time that the Family or Employment-based Immigrant Petition was processing with the USCIS can be subtracted from a child’s age, which may in some cases technically reduce the child’s age to be under age 21 for immigration-related purposes. However, due to long waiting lines in visa categories, particularly those for children immigrating with parents who were sponsored by a brother or sister in the U.S. waiting 12 yrs or more, children often “Age Out”, even with the help of the CSPA. 
Under another provision of the CSPA, once a child turns age 21, the child is automatically converted to the appropriate immigration category. For instance, a U.S. Resident files an I-130 for his 20 year old daughter on Jan 1, 2013 (F2A category), which generally has a waiting time of about 2 years or so. Once the daughter turns age 21, she automatically converts to another immigration category called F2B, for adult, single children of U.S. Residents, with a waiting time of about 8 years, but, she still retain her place in the visa line from the date her dad filed the petition on Jan 1, 2013 (called the “Priority Date”). So she may wait 6 yrs instead of 8.However, under the current government interpretation of the CSPA, not all children are permitted to retain the initial Priority Date.
 This is particularly tragic for children who’s Parents are sponsored by a U.S. Citizen brother or sister, in the F4 family category, with a waiting line of 12 years or more. In these cases the government position is that a child who “Ages Out” cannot retain the original date that their aunt or uncle filed the petition for their Parents. This policy has tragic results which cause the unnecessary separation of families.

With this as background, the case before the Supreme Court in December 2013 in Mayorkas v. Cuellar de Osorio, challenged the government’s restrictive interpretation of the CSPA, arguing that children who turn age 21 in Employment or Family should be allowed to retain their original Priority Date and automatically convert to the appropriate immigration category. The example in the F4 case above, when the child turns age 21, he or sh would automatically be converted to the F2B visa category, while retaining the original Priority Date. So if the original Priority Date was 12 years ago and the new immigration category only has a line of 8 years, the child would automatically be eligible to immigrate! A ruling in favor of Priority Date retention for children in all immigration categories would mean that most, if not all children would be eligible to immigrate to the U.S. with or shortly after their Parents. So keep your fingers crossed!
Many applicants do not know that if their response sent to the USCIS is postmarked before the deadline date, but is actually delivered and received by the USCIS after that date, the case is likely to be denied. Not only is this a tragedy for the beneficiary of the immigration application, but in such instances, all the USCIS filing fees are lost, which in some cases can be thousands of dollars. 

Certified Mail is not delivered quickly and cannot be tracked online and other private courier services like Fed-ex cannot be delivered to the regular USCIS P.O. box address. So, since the USCIS is a government agency, like the U.S. Express Mail (U.S. Postal Service) The safest way to send applications/documents and to safeguard against the unfortunate situation above is to use the U.S. Express Mail next day service. The cost is about $15.00 and well worth it.!You will receive a tracking# so you can go online and confirm delivery. Be sure to send any responses requested by the USCIS at least one week or more before the deadline. Also, make a copy of everything you send to the USCIS including the initial application, supporting documents, Money Order and all follow-up responses before sending to the USCIS and never send originals! Good luck
Problems can arise, however, when parents are not asked about the SSN issuance or do not understand and agree to sign for issuance. The result is that the child is not automatically issued a SSN. When this happens, an application for the child’s SSN must then be made with the Social Security Administration (SSA). Under current policy, only foreign national parents and family members with valid immigration status can file an application for a SSN on behalf of the child. Even Foreign passports are not acceptable unless they contain current immigration entries, such as an I-94 or a stamp or visa indicating it is temporary evidence of permanent resident status.

This creates a problem for parents who do not have a current, unexpired Passport and I-94 or other valid legal status. Therefore, until the policy is changed to allow undocumented parents to apply to the SSA for a SSN for their U.S. children directly, the best approach is to make sure that the application for the SSN is made during the hospital birth registration process and that parents confirm with hospital personnel while still admitted to the hospital that the application was completed with a request for the SSN and notification to the states’ Vital Statistics office.
Learn More About The Issues Involved in Mayorkas v. Cuellar de Osorio:
Listen To Oral Argument Before the Supreme Court
Read The Supreme Court Transcript From Oral Arguments