Immigration Questions: (954) 382-5378
  Immigration News & Updates              eNewsletter

  POSTING DATE: DECEMBER 29, 2014
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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
Federal Judge Throws Out First Lawsuit Filed Against 
the President’s Executive Action Program
In a bold move last week, a Federal Court rejected the lawsuit filed by Arizona sheriff Joe Arpaio seeking to stop President Obama's Executive Action plan for immigration reform.

In dismissing the lawsuit, Federal Judge Beryl Howell said that the role of courts is not to engage in policymaking - that is better left to the political branches of government. Having survived its first major Federal Court test, the President’s Executive Action programs still face a Court challenge in Texas, defending against a lawsuit filed by 24 other states, pursuing similar legal charges against Obama’s Executive Actions claiming that implementation of the new programs, are beyond the scope of the President’s Executive Authority. Stay tuned…
Helpful Immigration Tips You Can Use
Immigration
Questions & Answers
Question: I came to Florida legally with a visitor visa in 2009 and I overstayed and my daughter was born here in 2011. But even though my daughter is an American, a friend told me that I don’t qualify for the presidents immigration program because I came to America legally. He says that only people who came to the U.S. illegally qualify. Could you please clear this up for me, thanks.
Answer: That’s a great question. With all the confusion about the President’s Executive Action program, it’s important to understand the basic requirements. Here’s an overview of the qualifications required under the President’s new Immigration Executive Action Program for Parents of U.S. Citizens and U.S. Residents (called DAPA) and Dreamers under the new expanded DACA.

The Executive Action program announced by the President on November 20th, 2014, provides temporary legal status and work authorization to Immigrant Parents who have U.S. Citizen or Resident children (born before November 20th 2014) and expanded eligibility to include more Dreamers under the existing DACA program. Once implemented, these reforms allow qualifying immigrants to work legally, obtain a valid Social Security card, drive, attend school, join the military and live the American Dream for three (3) years - while waiting for Congress to officially pass a law which will provide a permanent Comprehensive Immigration Reform. Here’s some highlights of the new program:
Immigration How To:
How Do I Replace My Lost I-94 Card?
New Scam Reported By One of Our Readers
Beware of Surprise Gifts or Packages Requiring Postage or Shipping Fees
Here’s a new scam encountered by a friend of one of our readers, recounted to me in an email:

The Email Read:
“This is one I had never heard about, and I think it is worthy of forwarding. This one could easily slip by most anyone - beware of people bearing gifts. Specially now as the Holidays near. The following is a recounting of the incident from a victim:

Wednesday a week ago, I had a phone call from someone saying that he was from some outfit called: "Express Couriers,"(The name could have been anything) he asked if I was going to be home because there was a package delivery for me that required a signature . The caller said that the delivery would arrive at my home in roughly an hour, and sure enough, about an hour later, a uniformed delivery man turned up with a beautiful basket of flowers and wine. I was very surprised since it did not involve any special occasion or holiday, and I certainly didn't expect anything like it. Intrigued about who had sent me such a gift, I inquired as to who the sender was. The deliveryman's reply was, he was only delivering the gift package, but allegedly a card was being sent separately... (the card has never arrived!) There was also a consignment note with the gift. He then went on to explain that because the gift contained alcohol, there was a $3.50 "delivery/ verification charge," providing proof that he had actually delivered the package to an adult of legal drinking age, and not just left it on the doorstep where it could be stolen or taken by anyone, especially a minor.

This sounded logical and I offered to pay him cash. He then said that the delivery company required payment to be by credit or debit card only, so that everything is properly accounted for, and this would keep help in keeping a legal record of the transaction. He added couriers not needing to carry a bunch of cash, would make them less likely targets for robbery.

My husband, who by this time was standing beside me, pulled his wallet out of his pocket with the credit/debit card, and 'John,' the "delivery man," asked my husband to swipe his card on a small mobile card machine. It had a small screen and keypad where Frank was also asked to enter the card's PIN and security number. A receipt was printed out and given to us as our copy of the transaction. He then said everything was in order, and wished us good day.

To our horrible surprise, between Thursday and the following Monday, $4,000 had been charged/withdrawn from our credit/debit account at various ATM machines. It appeared that somehow the "mobile credit card machine," which the deliveryman carried now had all the info necessary to create a "dummy" card with all our card details after my husband swiped our card and entered the requested PIN and security number. Upon finding out about the illegal transactions on our card, we immediately notified the bank which issued us a new card, and our credit/debit account was closed.

We also personally went to the Police, where it was confirmed that it is definitely a scam because several households had been similarly hit.

WARNING: Be wary of accepting any "surprise gift or package," which you neither expected nor personally ordered, especially if it involves any kind of payment as a condition of receiving the gift or package. Also, never accept anything if you do not personally know or there is no proper identification of who the sender is.

Above all, the only time you should give out any personal credit/debit card information is when you yourself initiated the purchase or transaction ! Pass this on to your dear and near ones, as it may just prevent someone else from being swindled.”

Good advice!

Question: Hi I am a green card holder can I file for my 4 children, 2 under age 18 and 1 is age 20 and one is age 25?
Answer: Yes, 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. The waiting line for residency for minor children (F2A) is about 1 ½ 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 adult, single children (F2B) is about 7 – 8 years, so your 20 and 25 year old children will have to wait quite a few years more before being able to immigrate. 

Also, please make sure your adult children understand that if they marry, the Immigrant Visa petition will automatically be cancelled, unless you have naturalized before your child marries. You can learn more about Immigrant waiting lines by clicking on the link below:

Family Visa Waiting Lines
Parents of U.S. Citizens and U.S. Residents:  The program for Parents of U.S. Citizens and U.S. Residents, called DAPA is tentatively scheduled to begin in the Spring 2015. In order to qualify, Parents are required to 

1) Have a U.S. Citizen or U.S. Resident (Green Card holder) child born before November 20, 2014 AND 
2) Have been in the U.S. continuously for at least 5 years since January 1, 2010. (Parents who left the U.S. briefly may still have a chance to qualify). 
3) Have been without legal immigration status on or before November 20, 2014. This includes Parents who entered the U.S. illegally, as well as those who entered the U.S. legally, but later fell out of legal status, including overstaying a visa. 
4) Parents must not have been convicted of a serious criminal offense, felony or major or multiple Misdemeanors. Once the Parent obtains Deferred Action status, he or she is required to file taxes in the “future”, there is no requirement for the filing of taxes in the past.
Dreamers under the Childhood Arrivals Program: The new program for DREAMERS under (DACA) has expanded eligibility by moving the “date of entry” requirement up three years from 2007 to January 1st, 2010 and totally eliminating the maximum age limit. This program is tentatively scheduled to begin in January or early February 2015. In order to qualify, Dreamers are required to: 

1) Have been inside the U.S. since January 1, 2010 AND 
2) Have entered the U.S. before age 16 AND 
3) Have either graduated High School, have a GED or be currently enrolled in school at the time of application. That means legally registered in school, even if it is a GED prep program or have honorably serviced in the Military. 
4) Not have been convicted of a serious criminal offense, felony or major or multiple Misdemeanors (**options are still available for some convictions, we will review and provide legal advice based upon your circumstances). 
5) There are no limits on your current age, as long as you have been living continuously in the U.S. on or before January 1, 2010 and you were under age 16 when you originally entered the U.S. 
6) Have been without legal immigration status on or before November 20, 2014. This includes Dreamers who entered the U.S. illegally, as well as those who entered the U.S. legally, but later fell out of legal status, including overstaying a visa.

Parents and Dreamers can learn more about qualifying under the new 
Executive Action programs by calling our office at: (954) 382-5378.
An I-94 is a small slip of paper which was, until recently issued to all international visitors and visa holders entering the U.S.. Officially called the Arrival/Departure card, the I-94 contained the date of entry into the U.S. as well as the date by which the individual must depart from the U.S.. Often, individuals do not understand how important this little card is until it is too late.
In order to change immigration status inside the U.S. to any other immigrant or non-immigrant visa status, immigration regulations require that a copy of the I-94 be included with the application to establish eligibility. Foreign nationals must prove that they entered the U.S. legally and were inspected by an immigration officer in order to qualify to file for immigration status in the U.S.. Those who did not enter the U.S. legally are generally not entitled to obtain any new immigration status in the U.S., even when married to a U.S. citizen unless a Waiver is obtained.

If your I-94 card is lost, stolen or seriously damaged, you can apply to replace it by filing Form I-102, Application for Replacement/Initial Arrival-Departure Document. You also may file Form I-102 if you wish to receive a replacement I-94 card with corrected information on it — for example, if the immigration officer spelled your name wrong on the initial I-94 card. The nonrefundable filing fee for Form I-102 is $320. It generally takes about 60 days to receive the I-94 replacement card in the mail.

Under the new electronic I-94 system implemented in 2013, international visitors are no longer issued paper I-94 cards upon entry into the U.S.. Instead, individuals are provided with instructions on accessing their I-94 records online and printing the I-94 card out from the U.S. Customs and Border Protection (CBP) agency. You can visit the CBP site to print out your paper I-94 cards:
Get Your I-94 Printout -U.S. Customs and Border Protection (CBP)

Good luck!