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  Immigration News & Updates              eNewsletter

  POSTING DATE: OCTOBER 6, 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
Immigration
Questions & Answers
Question: Hello, I am an F3; my application was made in 2007. Do You know for how long I have to wait for my green card? If I go to the US before and wait there; can I have a problem when I am due to receive my green card? Thank You very much. Regards. 
Helpful Immigration Hints You Can Use
Government Announces That DREAMERS Are Now Eligible To Join The Military & Obtain U.S. Citizenship
The U.S. Department of Defense recently announced that DREAMERS who have been granted Deferred Action (DA) status are now eligible to join the U.S. Military’s MAVNI (Military Accessions Vital to National Interest) program. This program, formerly for legal immigrants, seeks to enlist individuals with health care backgrounds and those with certain language skills to fight in the War on Terror in the Army, Navy and Air Force. 

Previous to the MANVI program, federal law limited enlistment in the armed forces to U.S. citizens and green card holders. The best news is that DREAMERS who are selected for enlistment in the MAVNI program will be immediately eligible for U.S. Citizenship even bypassing the normal requirement of first obtaining U.S. Residency. 
Read more about the Department of Defense September 25th announcement and the MANVI program:

Department of Defense September 25th announcement 
MANVI Program Information

News Articles about the new policy for DREAMERS:

New York Times
USA Today
International Business Times
Answer:  The F3 is the Family Immigration category for adult married children of U.S. Citizens. This category generally has a waiting line of about 12-14 years. Right now, there are Immigrant Visas available for petitions filed in December of 2003. Since your parent filed the family petition for you and your family in 2007, you have another four to five years to wait for a visa to be available. The date your parent filed the family petition for you in 2007 is called the “Priority Date”. You can keep updated on the movement of dates in your family Immigration category by visiting the Visa Bulletin website and looking at the Family F3 category to see what current priority dates are “current”, meaning those which currently have Immigrant Visa available.

Family members who have been sponsored in Immigration categories which have Immigrant Visa waiting lines are not eligible to stay in the U.S. and wait for their Priority Date to become current. The only way to legally stay in the U.S. is by obtaining another legal visa status such as a student or work visa. Family members in these categories who do stay in the U.S. past their authorized stay become INELIGIBLE to immigrate to the U.S. under most circumstances. 

Therefore, unless you are able to obtain a student, work or other visa which allows you to stay legally in the U.S., you should not remain in the U.S. past the authorized stay of your tourist visa which is usually 6 months for B1/B2 visas and 3 months for Visa Waiver countries (ESTA).
Here is the link to the Visa Bulletin website:

State Department Visa Bulletin
Guide To Understanding Family Visa waiting times
Immigration How To:
How Do I know Whether It’s a Scam?
House Speaker Promises Immigration Reform Bill If President Obama Delays Decision On Administrative Immigration Reform 
Insiders say that the President has lost all confidence in Boehner’s ability to deliver on any promises made on Immigration Reform and will not be swayed by Boehner’s overtures without a concrete agreement. 

So for now, we await the President’s reform announcement in November. Stay tuned…​
In an apparent attempt to dissuade President Obama from issuing Administrative Orders on Immigration Reform, Speaker of the House John Boehner has recently begun a media campaign in support of passing Comprehensive Immigration Reform in 2015. 

On the Sunday news shows, Speaker Boehner told commentators that he could "absolutely" convince conservative House Republicans to vote for a an Immigration Reform Bill in 2015. The catch, Boehner says, is that it can only be accomplished if President Obama does not implement Administrative Immigration Reforms later this year. 
But Immigration Reform advocates know that this is a well worn tactic that Boehner has used in the past and always failed to deliver on his promises. The strategy did, however, prove successful earlier this year, when Boehner met with the President, requesting that he delay any unilateral Presidential Immigration Reforms, in order to give Boehner enough time to bring his Republican members around to an agreement on the issue. In good faith, Obama agreed, only to have the Speaker renege on this part of the bargain. 

And yet here Boehner is, playing the same game again, this time with a touch of extortion thrown in. The message Boehner has given is this, if the President delays or abandons his plans to issue Administrative Order on Immigration Reform this year, Speaker Boehner promises that the Republicans will pass a bi-partisan Comprehensive Immigration Reform Bill next year. But, if Obama goes ahead with his planned programs to be announced in November, Boehner will not move on any Immigration Reform Bill.
USCIS Immigration Application Filing Tips
The USCIS recently issued a reminder for 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 sent 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
For every government benefit and program, there is an equal number of scams designed to take advantage of innocent victims who believe they are eligible for a benefit or fearful of a government penalty. Immigration is no exception and in fact, is one of the most often victimized groups, since Immigrants often do not understand the law and how the systems works - a fact that scammers take full advantage of. 

My best advice is always to follow the wisdom our parents told us: “if it sounds too good to be true – it is”. Another important thing to remember is to follow your instincts. Whether threatened with extortion for money from a fake government employee or promised a Green Card or other immigration benefits for a large fee - which you have been advised you were not entitled to, stop and think, do your research, don’t get caught up in the excitement and become a victim. 
USCIS Update On Duplicate Biometrics Appointment Notices 
On September 26, 2014, the USCIS provided updated information on the issue of duplicate Biometric Appointment Notices issued by mistake as a result of a “glitch” in the USCIS system at the Texas Service Center (TSC). TSC advises Immigrants who have received a duplicate Biometics Appointment notice after having recently completed Biometrics at the local USCIS office, to send the new USCIS notice, along with a copy of the stamped, completed Biometrics notices given at the recent appointment to the USCIS address on the new notice, with a written note that Biometrics were recently completed and if a second appointment is required, to please reschedule it and send a new notice. 

This will allow USCIS personnel to identify those cases where duplicate notices were issued by mistake. In some cases, Immigrant must undergo new biometrics when fingerprints scans are not of acceptable quality.
Common Immigration Scams You Should Avoid Falling Victim To:
 I commonly hear stories from many Immigrants who come to me after being scammed, and in almost every instance they tell me that in their heart, they knew something was wrong, but they simply did not listen! We can all learn from that. 

Click on the links below to read some good information about common scams to avoid:

USCIS Scam Warning
Fake IRS Scam
​Stories From Scam Victims