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  Immigration News & Updates              eNewsletter

  POSTING DATE: NOVEMBER 2,  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: I am a Venezuelan with Italian citizenship and want to open my own business in Miami. I plan to start a website design business working from an apt I own in Miami Beach. Can I get an E2 visa if I invest around $20,000 USD?
Answer: The E-2 visa is a great way for citizens of Italy and other qualifying countries to come to the U.S. and start a new business. The visa allows E-2 investors to live and work here in the U.S. and for spouses to obtain work permits as well. However, the E-2 visa exists to allow foreign nationals to operate a business in the U.S. in order to help our economy by hiring U.S. workers, not just to operate a business where the E-2 investor is the only employee. While there is no minimum, the Consular officers want to see a business plan which shows that within 5 years, your company will hire a reasonable number of U.S. workers (approx 4+), otherwise your case could be denied. The visa is not set up to allow an investor to come and have the benefits of operating a U.S. company here if it won’t be hiring U.S. workers and E-2’s cannot be operated from a home-based business.
Also the amount of capital you invest helps the officer determine whether or not your business will just be a small one which only supports the E-2 investor (not allowed) or which will be enough to prove to the officer that a real business is being established which will eventually employ U.S. workers. 
An E-2 visa investment lower than $80,000USD can be very, difficult to be approved and has a high likelihood for denial.
So, if you are thinking in terms of opening a business here, you will need more capital investment and think in terms of a bigger company which rents an office and will eventually grow large enough in several years to hire more employees other than yourself. I hope this is helpful to you. I have attached some information for you to read about the E-2. Let me know if you have any questions.
New USCIS Mobile INFOPASS Now Available
Taiwanese Mom Hoping To Deliver Baby in The U.S. – 
Instead Gives Birth On Plane
During an international flight from Taiwan to the Los Angeles airport on October 8th, a pregnant women gave birth to her baby in mid-flight, requiring the plane to divert to Anchorage Alaska instead, so that the newborn baby could be properly cared for.

Apparently in an all too common scheme, the mother lied to airline officials in order to be allowed to board the flight, planning to deliver her baby in a U.S. hospital after arriving in the U.S.. Called “birth tourism”, mothers from various foreign countries routinely attempt to conceal the extent of their pregnancies, in order to be allowed to legally board U.S. bound flights and enter the U.S. to deliver a U.S. born baby, which immediately obtains American Citizenship.
The USCIS has begun offering mobile INFOPASS services in areas across the country. Locally, in collaboration with the Miami-Dade County Office of Community Advocacy, the USCIS will makes this free service available at the Miami-Dade County Government Center, 111 NW 1 Street, Suite 1004 on Monday, November 9, 2015 from 09:00 am to 2:00 pm. USCIS INFOPASS Appointments allow Individuals to make inquiries on specific cases. 

Make an appointment for an Infopass Appointment at the Miami-Dade Government Center:
Mobile Infopass 
According to reports, the Taiwanese mother was denied admission to the U. S. and returned to Taiwan, while the baby is still in the U. S. in the care of a friend. As reported by the Taipei Times, China Airlines is charging the mother for the costs and delay caused by her baby's birth and diversion of the plane. 

Experts say that there is no word yet on whether the baby has been determined to be a U.S. Citizen or not, since the baby would have to have been born in U.S. airspace, within a 12 mile radius of the U.S. to automatically obtain American Citizenship, a determination which will require immigration officials to calculate the exact time, latitude, and longitude when the birth occurred.

Read more on the story:
Vox
CBSNews
USCIS Announces Upcoming Immigration Information Desk Outreach Events & Naturalization Swearing-In Ceremonies In South Florida
Immigration Information Desk
International Mall Branch Library 10315 NW 12 St. Doral, FL 33172 - 5:30 - 7:30 PM on 11/3/2015
The English Center 3501 SW 28 St. Room E-2/E-3 Miami, FL 33133 – 10AM – 12NOON on 11/7/2015
Doral Branch Library 10785 NW 58 St., Doral, FL 33178- 5:30 - 7:30 PM on 11/18/2015
Miami Lakes Branch Library 6699 Windmill Gate Rd. Miami Lakes, FL - 5:30 - 7:30 PM on 11/30/2015

Naturalization Swearing-In Ceremonies
Miami Field Office –November 13 and 20
Hialeah Field Office (held at the Miami Field Office) –November 11 
Oakland Park Field Office - November 13 and 20
Kendall Field Office - November 6 and 20

See other scheduled USCIS events in your area:
USCIS Outreach Events Calendar
Question: My 24 year old son just got his American citizenship. I have been here for many years on an expired visitor visa and my son wants to file for me. My question is how long the process will it take for me to get a work permit, my social security and driver's license? 
Answer: As the Parent of a U.S. Citizen child age 21 or older, your son can sponsor you for your Green Card since you entered the U.S. legally. Once the case is properly filed, it takes about 90 days for your Work Authorization card to be issued and then you can apply for your Social Security card, which is sent to you in the mail within several weeks. Once you receive your Social Security card, you can then apply for your Driver’s License. It takes approximately 4-6 months or so for your Residency Interview at the USCIS office and if all goes well, another week or so to receive your Green Card in the mail. Let us know if you want us to handle your Residency process.
USCIS Program Offers Free Online Tools 
For Naturalization Preparation
The USCIS has announced a new program to increase awareness about online Naturalization tools available for U.S. Residents who are applying for U.S. Citizenship. 

These tools include an online Citizenship Resource Center, Civics and Citizenship Toolkit for information on citizenship and naturalization topics, study guides and tests and Literacy resources, to assist Residents in learning or improving written English writing skills.
Helpful Immigration Tips You Can Use
Immigration How To:
Understanding Which Family Members You Can Sponsor
Which Family Members Can Be Sponsored 
And How Long It Will Take For Them To Immigrate To the U.S. ?
I often get questions from U.S. Citizens and U.S. Residents alike about which family members they are eligible to sponsor, when they are allowed to initiate the process, how many family members can be sponsored at one time and how long it will be before their loved ones can immigrate to the U.S.
U.S. Residents are eligible to sponsor: 

1) Spouses and Minor Children called F2A and 

2) Adult Single Sons & Daughters (and their minor children) called F2B. U.S. Residents cannot sponsor their Parents, Adult Married Sons & Daughters or their Brothers & Sisters. If a child who has been sponsored by a Resident marries before the parent becomes a U.S. Citizen, the Immigration case is automatically cancelled, even if the child later divorces.

Waiting Times For Family Members in all Countries except Mexico/India & Philippines: 

1) Immediate Relatives (Spouses, Minor Children and Parents of U.S. Citizens), there is no waiting line, just USCIS and consular processing time (approx 8-12 months). 
2) F1 - Adult Single Sons & Daughters of U.S. Citizens, the waiting line is approx 7-8 years, 
3) F3 -Adult Married Sons & Daughters of U.S. Citizens, the waiting line is approx 12-14 years, 
4) F4 -Brothers & Sisters of U.S. Citizens , the waiting line is approx 13-15 years, 
5) F2A -Spouses and Minor Children of U.S. Residents, the waiting line is approx 1 1/2 years and 
6) F2B -Adult Single Sons & Daughters of U.S. Residents, the waiting line is approx 7-8 years.
Under current Immigration regulations, once an Immigrant receives U.S. Residency, (even Conditional 2 year Residency through marriage), and similarly when a Resident becomes Naturalized, they are eligible to sponsor any and all family members in any of the qualifying categories. There is no limit on the number of family members which can be sponsored at the same time. For instance, a U.S. Citizen can sponsor an adult, single daughter, a married son and 3 sisters and 2 brothers all at the same time. However, due to the difference in waiting times, each family member be immigrating at different times, depending upon the Family Immigration category. Congressional Immigration reforms in the future may limit the type and amount of family members allowed to immigrate to the U.S., but for now, the number is limitless, so don’t wait until it is too late… 

Learn more about Family Visa waiting lines:

Understanding Family Immigrant Visa Waiting Lines
Here’s how it works:

U.S. Citizens are eligible to sponsor:

1) Spouses, Minor Children and Parents (called "Immediate Relatives")  
2) Adult Single Sons & Daughters (and their minor children) F1
3) Adult Married Sons & Daughters (and their spouses and minor children) called F3 and 
4) Brothers & Sisters (and their spouses and minor children) called F4.