Immigration News & Updates
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eNewsletter POSTING DATE: October 30, 2017
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Questions & Answers
This Week's Immigration News
Question: My girlfriend and I are a same-sex couple and I live in Venezuela. She is a U.S. Resident and lives in Miami and wants to sponsor me. The problem is that marriage between same-sex couples is not legal in Venezuela and I don’t have a US visa to come and get married to her there. We have been thinking that maybe we could go to Argentina and get married and then she can sponsor me. Is that possible? Then can I go back to the U.S. with her after we are married?
Answer: Yes, as long as marriage regulations in Argentina permit nonresidents of Argentina to legally marry there, the U.S. will consider your marriage to be valid. U.S. Immigration laws only recognize marriage, but not domestic partnerships. Once you are legally married, we can file for your Immigrant visa as the spouse of a U.S. Resident. The waiting line in this immigration category is about 1 ½ years to 2 years, so unfortunately, you would not be able to accompany your wife when she returns to the U.S.. Once it is time for you to immigrate, your interview will be scheduled at the consulate and you will be issued an Immigrant Visa, then receive your Green Card in about 90 days after you enter the U.S..
Helpful Immigration Tips You Can Use
Immigration How To:
How Do I Get My Original Documents Back?
Alert: Eligible Residents Should Apply For Naturalization Now –
In Order To Vote In The 2018 Election!
It’s so easy to put things off and leave it to the perfect time in the future. However for those who understand how important it is to vote in the upcoming 2018 election, now is the perfect time to apply. It’s important to understand that under current Naturalization processing times, it can take up to 12 months to obtain U.S. Citizenship in some jurisdictions.
And as the months roll by into 2018, more and more U.S. Residents who seek to vote in the coming election will be applying for Naturalization, which is likely to cause USCIS processing times to increase.
Safeguarding Your Vital Immigration Documents
Hurricane season is nearly over this year, and I’m sure I don’t need to convince you that high winds and rain can do a lot of damage and destroy property, including your valuable immigration documents!
So this is a good time to remind readers about taking steps to safeguard your Immigration-related documentation, cards and certificates in case of potential loss, theft (automobiles, home) and of course, natural disasters such as hurricanes and water damage.
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 ($555) and take quite a bit of time.
As ICE Ramps Up Arrests of Immigrants - Trump Administration Scrambles
To Find Detention Centers To Hold Them
In an effort to carry out Trumps immigration enforcement measures, the Immigration and Customs Enforcement agency (ICE) has ratcheted up its raids across the country, often indiscriminately arresting thousands of Immigrants each day, many of whom have no criminal background.
According to ICE, its agents have made 43 percent more arrests since Trump took office, compared to the same period last year. The agency defends its actions, saying that although it is tasked with targeting and arresting criminals, undocumented immigrants encountered as part of its actions are also arrested and detained for deportation processing.
Question: I just got naturalized last week and I have a question about sponsoring my parents. They will be coming to Fort Lauderdale to visit me during Christmas and I was thinking that this would be a good time for me to get their green cards. My question is about whether my parents can get their green card here in the US or do they have to go back to Ecuador and immigrate through the Embassy. If they can stay and get their Green Cards here, can you please tell me what happens if their I-94 status expires while they are waiting for the Green Card and how long will
Answer: U.S. Citizens can sponsor their Parents to immigrate to the U.S., either through the U.S. Consulate if they are abroad, or by adjustment of status to U.S. Residency in the U.S. (as long as they entered the U.S. legally). Parents in the U.S. who entered legally can file for Residency and wait to receive their Green Card here - since there is no need to travel back to the home country. Parents of U.S. Citizens are in a special immigration category called “Immediate Relatives” which allows them to obtain a Green Card in the U.S. - even if their I-94 cards are expired.
An emerging issue right now is the new State Department policy which essentially requires foreign national’s to wait at least 90 days from the date of entry before filing any immigration petition. So in your parents’ case, once they come here and if they later decide to stay and adjust status to U.S. Permanent Residency (a Green Card) here, we will simply wait 3 months from the date they entered before filing for their Residency. Also, it will not be a problem if their I-94 period of stay expires, either before applying or during the residency process. Currently, after applying for Residency, it takes about 3 months to receive a work permit and several more weeks to be issued a Social Security card. If filed properly, the entire Residency process for Parents of U.S. Citizens is about 6-8 months from start to finish to receive a Green Card.
This may make it impossible for many Residents to Naturalize in time to vote in the 2018 elections. A critical factor to keep in mind are Voter Registration deadlines. In Florida, Citizens must register to vote at least 29 days before the election. There are two election days, first, the Primary Election scheduled on August 28, 2018 to determine who the candidates will be and then the General Election on November 6, 2018. So don’t wait, now is the perfect time to start the process to become a U.S. Citizen!
In an effort to carry out Trumps immigration enforcement measures, the Immigration and Customs Enforcement agency (ICE) has ratcheted up its raids across the country, often indiscriminately arresting thousands of Immigrants each day, many of whom have no criminal background.
According to ICE, its agents have made 43 percent more arrests since Trump took office, compared to the same period last year. The agency defends its actions, saying that although it is tasked with targeting and arresting criminals, undocumented immigrants encountered as part of its actions are also arrested and detained for deportation processing.
This includes routine arrests of thousands of non-criminal immigrants who show up for regularly scheduled “check-ins” with ICE officers, only to find themselves taken into custody for deportation processing.
But with the recent escalation of arrests and detentions, the Trump Administration has found itself unable to house the enormous number of immigrants being detained and as a result is planning a massive increase in federal immigration jails and detention facilities. Just recently ICE made requests to locate willing privately-run jails in Chicago, Detroit, St. Paul, Salt Lake City and Texas.
To make matters worse, ICE recently announced plans to increase worksite visits by threefold, which will likely result in even more serious detention center crowding conditions until additional facilities can be secured. Finally, the massive increase in arrest and detentions has resulted in a corresponding slow-down in deportation processing, with already overburdened immigration courts unable to handle the large volume of new cases. In prior years under the Obama and Bush administrations, most non-criminal immigrants were released and not required to be detained until their hearing. However under the new administration’s policy, many more immigrants who are arrested must remain in detention to await their court adjudication process, which is likely to take many years under current conditions. Stay tuned…
Steps to take:
The first step is to be sure that you always make a copy of the entire immigration petition and supporting documentation BEFORE sending to the USCIS.
Second, make copies of all receipts, notices and correspondence to and from the USCIS. A good approach is to keep everything in a three hole punch binder in date order. People often keep such documents in the original envelope, which increases the chance of loss, since envelopes fall out of files. Also, this method makes it difficult to quickly access the documents needed.
Third, copies should always be made of original Birth Certificates, Marriage Certificates, Divorce Decrees, Citizenship (Naturalization) Certificates, Green Cards, Passports and I-94 cards (which should always be stapled into the passport to safeguard it from falling out and getting lost). Once copies are made, the originals should be kept safely together in a file and enclosed in a zip-lock bag or other waterproof container. Safety deposit boxes at your local bank are often free with your account and provide an additional method of protection, for original documents and copies.
Fourth, always immediately obtain a copy of every immigration petition along with copies of all supporting documentation and money orders and receipts from your Attorney. Don’t assume that such documents will be provided later. It is your right to have a copy of everything - always. Get formal receipts (with the attorney’s name and address) for all fees paid which specifically detail what the payment was for and once a petition is filed on your behalf, make sure you request the original receipt, doing the same with the approval notice. Also, never leave original documents with your attorney, since only copies of most documents are provided to the USCIS. Some exceptions would be original certified criminal documents, etc.
Finally, as an Immigrant, you should maintain your original immigration documents (and copies) forever, since you never know when you will need them. Don’t rely upon the USCIS immediately knowing and recognizing your status simply because you know it. The burden of proof is always on you to provide documentation, certificates, cards, passports, etc. to prove to the USCIS that you have immigration status and benefits. Documentation is your strength and security.
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
