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  Immigration News & Updates              eNewsletter

  POSTING DATE: OCTOBER 12,  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.
Advice On Paying Naturalization Application Fee With A Credit Card
Lean more about paying the Naturalization Fees by Credit Card:

USCIS Instructions for paying Naturalization Fees by Credit Card
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.
USCIS Reminder: New Affidavit of Support Forms Now Required 
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. 
New Youtube Video Helps Applicants Apply For The Visa Lottery Online
The State Department has released a Youtube video which assists applicants in applying for the Visa Lottery, (called “DV-2017”) online. The Video provides an introduction to the U.S. Diversity Immigrant Visa Program and step-by-step guidance to help Applicants in the online entry submission process. 

View the Visa Lottery Youtube video and learn about common Visa Lottery scams:

Youtube Tutorial For Completing Online Visa Lottery Application

Common Visa Lottery scams
Question: I am the daughter of a permanent resident of the USA. I am Venezuelan but also Spanish citizenship I am a single 37 year old , no children , with a college degree in Advertising and marketing a Master in Social Media plus digital marketing. My father wants me to move permanently to USA and he filed an I-130 application for me. I need to be clear about some condition of this process to take the next step , and start working with a lawyer. 1 Can I apply for a Driver license? 2 Can I apply for a temporary work visa ? 3 Can I start a company and invest in the USA during this process ? 4 Will I have access to health care system if I paid for it ? 
Answer:Thanks for your email. Under Immigration regulations, family members sponsored by U.S. Citizens and Residents must wait for an Immigrant Visa to be available, before being able to obtain any Immigration benefits in the U.S., including living and working here. President Obama's recent policy change did not change the regulations, it simply allows most family members who are legally inside the U.S. to adjust status to U.S. Residency about one year earlier than they normally would if they were immigrating through the U.S. Consulate abroad. In your case, as the single daughter of a Resident parent, you are in the F1 Immigration category for adult single children of U.S. Residents. Right now, the waiting line is about 7 years. During this time, you won't be able to get any immigration benefits, until about 6 years from now when you would be able to enter the U.S. if you have a tourist or other legal visa and file to adjust your status in the U.S.. This of course is contingent on the next President's decision to keep Obama's new policy.
I'll answer your questions below:
1 Can I apply for a Driver license? 
No, not until you are authorized to immigrate or are working here legally on a legal visa like a work or investment visa
2 Can I apply for a temporary work visa ? 
Yes, you may, if you find a U.S. employer to sponsor you for the H-1B work visa for professionals which opens up for application every April. The next H-1B period will open on April 1, 2016
3 Can I start a company and invest in the USA during this process ? 
Yes, you may qualify for an E-2 visa for Treaty Investors since you have Spanish nationality, which would allow you to open a new company and live and work in the U.S. legally 
4 Will I have access to health care system if I paid for it ? 
Only if you are here in the U.S. legally on a work visa like the H-1B or E-2.

Immigration How To:
How Do I Know What Filing Fees Are Required?
One of the most common reasons for case rejection by the USCIS is for the wrong Filing Fees. You can see the current USCIS Filing Fees by clicking on the link below. Note that you must have the latest version of Acrobat Reader to view the form:
Current USCIS Filing Fees
Avoid Case Rejection By Enclosing the Correct USCIS Filing Fee
Helpful Immigration Hints You Can Use
USCIS Immigration Application Filing Tips
The USCIS reminds Immigration Applicants and Petitioners to include an Apartment Number with the address on the forms, according to its requirements. Each year hundreds of packages, notices and even Green Cards to Applicants by the USCIS are returned as undeliverable. 

Frequently, this is due to the fact that the Applicant or Petitioner did not include the apartment number correctly on the forms. And of course, you should always keep your address up-to-date and file a change of address within 30 days of moving to a new location. You can get more filing tips and make your address change online by clicking on the link below: 

USCIS Change of Address Online Form
USCIS Filing Tips Page