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

  POSTING DATE: FEBRUARY 16,  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 currently a Green Card holder and will be eligible to apply for citizenship in 2016.My Fiancé and I are planning to get married this month. She is a teacher in her country and will be applying for her vacation leave from work which starts in summer 2015 which will last for 8 months though she will not be staying in the USA for all that time. What would be the best time to start immigration proceedings for her once she decides to stay in Florida? Is it wise to have her overstay her time while I apply for my citizenship because it is really costing us a lot having her travel back and forth each time she visits.
Answer: Once you get married this month, you can sponsor her as your spouse and it will take about 1 ½ years for an immigrant visa to be available for her as the spouse of a U.S. Resident.

In your case, there is no need for you to wait until you obtain your Citizenship, since this way, she may be able to immigrate even sooner than she would if you wait until you are a Citizen.

Spouses of Residents are not allowed to stay in the U.S. as you know, so just be sure that she limits her stays and comes back and forth. There is no way to avoid it and if she stays too long, she will risk being denied entry the next time she tries to enter. So you both just need to tough it out for the next year and a half, then it will be smooth sailing…Let me know if you would like us to handle your wife’s Residency case.
*** Update*** Work Authorization for H-4 Spouses Expected Soon
USICS Director Leon Rodriguez, confirmed in a teleconference recently that the policy changes to provide Work Authorization to H-4 spouses of  H-1B workers was in the works and should be in place shortly.
You can learn more about obtaining a Green Card, Naturalization or sponsoring a Spouse or other Family member 
by visiting our website at: www.Immigratetoday.com or calling our office to schedule a free consultation at: 
954-382-5378
Helpful Immigration Tips You Can Use...
Question:Hi my husband is a US citizen and he sponsored me for my green card. I would like to know if my husband can file for my 2 children his (step children) that are living here with us. My oldest is 19 years old and he has deferred action. My daughter just turned 15 years old. When we were filing my immigration paperwork i didn’t have the money to do the kids. Can my husband still file for them?
Answer: Yes, your husband can sponsor your children for their residency, as long as you married your husband before your children turned age 18 and they entered the U.S. legally (and still have their I-94 cards).
Understanding Which Family Members Can Be Sponsored By Whom 
And How Long It Will Take For Them To Immigrate To the U.S. 
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.
U.S. Residents are eligible to sponsor: 

1) Spouses and Minor Children called F2A and 
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
Immigration How To:
How Do I know Whether It’s a Scam?
For every government benefits program like the President's Executive Action Immigration Reforms, 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. 

Right now there are scammers out there devising sophistocated schemes to cheat thousands of unsuspectiven immigrants of their hard earned money, by, among other things, promising immigration benefits to  those who do not qualify. under the Executive Action DACA and DAPA programs. This is often common when an Immigrant has sought professional legal advice, only to be told that they do not qualify for immigration benefits, then they continue to seek advice from other individuals and eventually find someone or are targeted by a scammer who tells them that in fact they do qualify....and "give me your money so that I can apply for you"....

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. 
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
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.
Court Temporarily Blocks the President’s 
Executive Actions on Immigration !
Earlier this week on Monday, a federal judge in Texas issued a temporarily “injunction” blocking President Obama’s Executive Actions on Immigration from being implemented. As a result, the new expanded “Deferred Action” program for Dreamers, called DACA and for Parents of U.S. Citizens and U.S. Residents, called DAPA, will be temporarily halted, pending an Appeal by the Obama Administration to a higher Federal Court to request that the injunction be lifted to allow the programs to go forward. 

Under the President’s Executive Actions, as many as 4 million Immigrants would receive work authorization and “Deferred Action” status, protecting them from being deported. 
The judge’s ruling came after a coalition of 26 states including Florida, joined a lawsuit filed in the state of Texas late last year seeking to stop implementation of the planned Executive Actions, claiming that the President’s orders exceeded his executive authority and violated the Constitution. The lawsuit claims, among other things, that the Obama Administration’s 2012 “Deferred Action” under the Childhood Arrivals program was to blame for last summer’s border crisis, when thousands of young Immigrant children flooded across the southwestern U.S. border and that implementation of the planned Executive Actions would result in even more harm to the states.

In his opinion issuing the injunction, judge Hanen, a George W. Bush appointee wrote: “The court finds that the government’s failure to secure the border has exacerbated illegal immigration into this country,”. If the executive actions providing legal status to millions of people were to take effect, Hanen wrote, "The genie would be impossible to put back into the bottle."

While many legal experts predict that the lawsuit led by Republican states has little chance of success, the ruling does represent a setback for the Obama Administration, coming just one day before the new Executive Action DACA program was slated to begin. The White House released a statement on Tuesday defending the President’s legal authority to issue the Executive Actions last November, stating that “The Supreme Court and Congress have made it clear that the federal government can set priorities in enforcing our immigrations laws—which is exactly what the President did,” the statement reads. “The district court’s decision wrongly prevents these lawful, commonsense policies from taking effect.”
The Judge’s temporary order gives the states the opportunity to pursue their lawsuit, which if successful, would permanently halt the President’s executive actions. A deadline of February 27th was set to allow the states to form legal arguments against the government program and to submit a schedule for resolution of the issues.

The Department of Justice is expected to seek an emergency stay of the ruling while it pursues an appeal at the Fifth U.S. Circuit Court of Appeals. Stay tuned…

Read more about the Exeutive Action Injunction:
Yahoo
National Public Radio
Time.com

You can find out more about documents and information you will need to qualify for the 
Executive Action DAPA or new DACA programs by calling our office at: 954-382-5378.