Immigration News & Updates
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eNewsletter POSTING DATE: December 11, 2017
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Questions & Answers
This Week's Immigration News
Question: I’m married to a us citizen and have my 2 year green card. My wife and I filed to get my permanent green card for myself and my 2 daughters ages 12 and 18 last month. The problem is that we only got one immigration receipt in my name with my kids mentioned later in the notice, but did not get a separate notice for each of the girls. My eldest daughter’s green card has expired and she recently registered to take some college courses, but the school says that she has to show she has her residency and that since her card has expired she doesn’t qualify. I called immigration and they said if I want a receipt for the girls, I have to file a separate case for each one and pay $680 for each one! That is outrageous. My wife and I are so upset over this, can you please help us?
Answer: No problem, it can be easily solved. For background, when a child (under age 21) is included on the parent’s I-751 Removal of Conditions application, only the parent receives the I-797 Receipt, which extends U.S. Residency, Work and Travel Authorization for one full year. The receipt only lists the child’s name as a dependent. So yes, in order to receive a separate extension letter for a child, a separate I-751 application must be filed and the $680 filing fee paid for each child. But you don’t need to do that, it’s completely unnecessary. To fix the problem make an INFOPASS appointment, go with your daughter and take her passport, along with the I-797 Receipt you received and copy of the application. The officer will either put an extension stamp on her green card or a temporary residency stamp (called an I-551) in her passport with a one year Residency extension. That is all she needs to show to prove that she continues to be a U.S. Resident. I hope this is helpful
Helpful Immigration Tips You Can Use
Immigration How To:
How Do I Know If Immigration Received My Case?
Overview of Conditional Residency For Spouses of U.S. Citizens
Quick Overview Of USCIS New Policy On “Interpreters”
Democratic leaders Nancy Pelosi and Chuck Schumer met with Trump and Republican leaders at the Whitehouse last Thursday for 2018 budget bill talks, presumably to see how far apart the parties are about budget priorities in the coming year.
The USCIS E-Notification Service Notifies You When Your Case Is Received
On May 1, 2017, the USCIS formalized a new policy regarding the use of interpreters at USCIS interviews. Importantly, Immigrants and their families should know that there are certain individuals which are not allowed to act as language interpreters during interviews, including: attorneys, children under age 14, family members, witnesses, and persons with financial connections to the person to be interviewed (business associates).
Attempting to use these individuals as an interpreter will likely result in the case being rescheduled, which can cause many months of delay.
The foreign spouse of a U.S. Citizen who has been married for less than two years at the time of obtaining residency, only receives a two-year Conditional Resident status.
Unlike regular U.S. Residents who obtain a Green Card through family members, employment or other means, husbands and wives of U.S. Citizens who got married less than two years prior to U.S. Residency approval, only receive a two-year Green Card, rather than the full 10 year Permanent Residency. In order to qualify to make the Green Card permanent, (called Removal of Conditions), the foreign and U.S. Citizen spouses must file a request for removal of the conditional status (Form I-751) within the 90 day period prior to the conditional Green Card expiration.
The USCIS now provides a convenient service to customers who have filed applications by sending email or text notifications once the center receives and accepts an application for processing. To request an email or text notification, go online to the USCIS website and download and complete form G-1145. Complete a separate form for each form you are sending to the USCIS and attach to the front page of each application. Good luck!
Among other demands, the Democrats want DACA (Deferred Action for Childhood Arrivals) protection included in the budget plan to safeguard Dreamers before the DACA program (which was cancelled by Trump in September 2017), ends permanently in March 2018.
Trump and the Republican leadership oppose attaching immigration legislation to the bill, with the Trump Administration even releasing its own immigration demands recently, called “Immigration Principles and Policies”, providing an outline of the Trump administration’s proposals on immigration. The immigration principles were sent to Congressional leaders with a cover letter demanding that any DACA legislation also include Trump’s outlined immigration reforms as well. The principles include border, interior security and more extreme demands to overhaul the U.S. immigration system and eliminate most family immigration categories, all provisions of the controversial RAISE Act, currently pending in congress.
With the government shutdown looming, both sides agreed to a short extension of budget funding through December 22, 2018, to keep the government open. However, last Friday, Democratic leader Pelosi told reporters that Democrats are prepared to allow the government to shut down if Republicans refuse to include DACA protection and other demands in the bill. Pelosi also made it clear that Democrats would agree to reasonable border security measures, but never agree to extreme immigration reforms contained in the RAISE Act which would restrict legal immigration, even at the expense of protection for Dreamers. Stay tuned…
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No DACA Deal Reached During Last Week’s Whitehouse Meeting
Question: I’ve been a green card holder for a few years now and am permanently living in the US. I want to file to sponsor some of my kids to immigrate. First I want to know if there is a limit on how many kids a mom can sponsor? Second my single kids are 17, 19, 24 and 27 how long will it take for them to immigrate, thanks
Answer: As a Green Card holder (U.S. Resident), you can file for your minor children (under age 21), in the F2A Immigration Category and your adult SINGLE children in the F2B Immigration Category, there is no limit to how many family members a U.S. Citizen or Resident can sponsor. The waiting line for residency for minor children (F2A) is about 1 ½ to 2 years, so any of your children age 19 or younger will likely be able to immigrate in the next few years, unless they are married or get married before immigrating. The waiting time for your single, adult children (F2B Immigration Category) is about 7 – 8 years, so your 24 and 27 year old children will have to wait quite a few years more before being able to immigrate.
Just make sure your adult children understand that if they marry, the Immigrant Visa petition will automatically be cancelled, unless you have naturalized (and become a U.S. Citizen) before your child marries. You can learn more about Immigrant waiting lines by clicking on the link below:
In order to qualify for removal of the conditional status, a couple must continue to not only be married, but to live together as a husband and wife. The removal of condition request must be submitted with extensive supporting documentary evidence that the couple has and continues to live together in a real marriage. One of the biggest misconceptions that conditional residents have is the belief that as long as they remain “married” to the U.S. Citizen spouse, but not actually living together, they will still qualify resulting in tragic consequences which often leads to loss of Residency and in some instances, deportation.
Conditional Residents can file a removal request without the U.S. Citizen spouse in cases where the couple has divorced, where there is documented domestic violence and when a spouse is widowed. However, the burden of proof is on the conditional resident spouse to provide the USCIS with extensive evidence that prior to the divorce, domestic violence or death of the U.S. Citizen, the couple were living together in a real marriage.
However, there are certain exceptions, which can be presented at the time of the interview, including “prejudicial delay” (meaning rescheduling would cause a delay which would prevent the immigrant from qualifying to immigrate) for instance a child turning age 21 (called aging-out), harm to someone with a documented, serious medical condition (for instance pregnant with imminent birth), immigrants in remote areas where an interpreter who speaks the immigrants language cannot be found, immigrants under VAWA (Violence Against Women Act) when the applicant does not want to disclose personal information with a stranger, and immigrants with physical or mental disabilities who may only be responsive to a familiar family member. In such circumstances it is up to the individual USCIS officer to make the decision and approval of an otherwise unacceptable interpreter is never guaranteed. So to be safe, those who wish to bring an interpreter should hire a professional. The cost can usually run between $50 to $125 per hour.
