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  Immigration News & Updates              eNewsletter

  POSTING DATE: OCTOBER 5,  2015
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This Week's Immigration News 
By Immigration Attorney Caroly Pedersen

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Immigration News & Updates eNewsletter ©  2011  - 2015 
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
Immigration
Questions & Answers
Question: Hi, once again I would like your advice. In 2012 I know that they had changed the law as to where a resident could no longer file a spouse that has an expired I-94. I have an expired 1-94 and my boyfriend is a resident, he is eligible for naturalization October of next year. My boyfriend and I would like to get married now, before he has filed for his citizenship and then start the process of filling the necessary paperwork to for me to get my residency. Is it possible for us to file for a work permit and ss card during the time we wait, (I know we won't be able to file for adjustment of status) or would I have to go back to my country of origin to have those documents? Thank you. 
Answer: There are no Immigration benefits for spouses until the Residency petition is filed and only spouses who are eligible to file adjustment of status applications are eligible to apply for a work permit. As the spouse of a resident, with an expired I-94 card, you are not eligible to adjust your status to residency inside the U.S.. Once your husband becomes a citizen and your Residency application along with your request for permission to work is filed, you’ll receive your work permit within about 90 days, but unfortunately nothing until that time.
Reminder: New Affidavit of Support Forms Now Required 
Advice On Paying Naturalization Application Fee With A Credit Card
The USCIS reminds sponsors that the new I-864 Affidavit of Support forms (I-864I-864A & I864EZ) with the edition date of July 2, 2015 must now be used for all family-sponsored Immigration Adjustment of Status cases. 

Any applications filed using the older version of the form will receive a request for the applicant to complete and file the new form, which could delay case processing. The edition date can be found at the bottom of the page on the Form and Instructions. 
Immigration How To:
How Do I  Replace A Lost I-94 Card?  
Helpful Immigration Tips You Can Use
Visit USCIS Facebook Page
Yes, even the USCIS has a Facebook page. You can visit the USCIS Facebook page by clicking on the link below:

USCIS Facebook Page
An I-94 is a small slip of paper which was, until recently issued to all international visitors and visa holders entering the U.S.. Officially called the Arrival/Departure card, the I-94 contained the date of entry into the U.S. as well as the date by which the individual must depart from the U.S.. Often, individuals do not understand how important this little card is until it is too late.

In order to change immigration status inside the U.S. to any other immigrant or non-immigrant visa status, immigration regulations require that a copy of the I-94 be included with the application to establish eligibility. 
Foreign nationals must prove that they entered the U.S. legally and were inspected by an immigration officer in order to qualify to file for immigration status in the U.S.. Those who did not enter the U.S. legally are generally not entitled to obtain any new immigration status in the U.S., even when married to a U.S. citizen unless a Waiver is obtained.

If your I-94 card is lost, stolen or seriously damaged, you can apply to replace it by filing Form I-102, Application for Replacement/Initial Arrival-Departure Document. You also may file Form I-102 if you wish to receive a replacement I-94 card with corrected information on it — for example, if the immigration officer spelled your name wrong on the initial I-94 card. The nonrefundable filing fee for Form I-102 is $320. It generally takes about 60 days to receive the I-94 replacement card in the mail.

Under the new electronic I-94 system implemented in 2013, international visitors are no longer issued paper I-94 cards upon entry into the U.S.. Instead, individuals are provided with instructions on accessing their I-94 records online and printing the I-94 card out from the U.S. Customs and Border Protection (CBP) agency. You can visit the CBP site to print out your paper I-94 cards:
Get Your I-94 Printout -U.S. Customs and Border Protection (CBP)

Lean more about paying the Naturalization Fees by Credit Card:

USCIS Instructions for paying Naturalization Fees by Credit Card
USCIS Requests Your Suggestions On A New Public Awareness Slogan To Avoid Scams
The USCIS is inviting the public to propose a new slogan for the agency’s “Avoid Scams” public awareness campaign. The current slogan is “The Wrong Help Can Hurt: Beware of Immigration Scams.” You can submit your ideas and suggestions to the USCIS up until October 14th. 

Participate by visiting the USCIS Idea Community, registering and providing your ideas:

USCIS Idea Community Website
Now that the USCIS allows Residents to pay the Naturalization Application Filing Fees with a credit card, customers can use Visa, MasterCard, American Express, Discover and gift cards with the Visa, MasterCard, American Express and Discover logos to pay the fee. However, payment for the entire $680 application fee must be paid with one card and cannot be paid using multiple cards. 

Make sure and check your credit card balance before filing your application to make sure that you have enough credit or funds in the account, since the USCIS will reject any Naturalization applications paid using a credit card, if the payment is declined. Finally, be sure to fully complete Form G-1450, Authorization for Credit Card Transaction, sign and place on top of your Naturalization application package.
Question: Hi Ms. Caroly Firstly, Thank you for your response back. My question was, I got married a year ago and I my husband and I filed for the I-130 in May. I received a letter back saying they received it with a receipt number. I am currently awaiting my next response back which would be for my biometrics test and it's been 4 months now with no response. My question is does it normally take this long? Should I call customer service at the uscis office? I am afraid that I'm waiting too long for a response back. Thank you very much for you kindness. Take care. 
Answer: When a foreign spouse is inside the U.S. and eligible to adjust status to Residency, in addition to the I-130, the entire adjustment of status petition must be filed along with the request for work authorization in order to obtain a Green Card. Once filed, it takes approximately 30 days to receive your Biometrics Appointment notice and another 60 days for your Work Permit. Your marriage residency interview generally comes in another 4-6 months.

In your case, your husband only filed the I-130, which is simple a spousal petition. Nothing will happen to adjust your status in the U.S. from this petition alone, without your adjustment of status case being filed on your behalf. Generally, the I-130 is filed for spouses who are abroad and who are processing through the U.S. Consulate. In these cases, once the I-130 is approved, the National Visa Center prepares the case for the spousal immigrant interview abroad.

So now, as long as you are eligible to adjust your status to U.S. Residency in the U.S., meaning that you entered the U.S. legally and your spouse is a U.S. Citizen, then you’ll need to have the adjustment of status and request for work authorization properly filed with the USCIS in order to process your adjustment of status in the U.S.. Let me know if you would like us to handle obtaining your Residency.