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  Immigration News & Updates              eNewsletter

  POSTING DATE: FEBRUARY 23,  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
How Does the Temporary Injunction Affect Immigrants Who Qualify Under the President’s Executive Action Programs?
As reported last week, just as the President’s new Executive Action Immigration programs for DACA (Dreamers) and DAPA (Parents of U.S. Citizens & Residents) was scheduled to begin on February 18th, a federal court judge issued a temporary injunction on February 17th, preventing USCIS from implementing the new programs. 

The Justice Department has Appealed the lower court decision to the 5th Circuit Federal District court in hopes of getting the injunction lifted so that the programs can continue. So with the court order blocking implementation of the new programs, what effect does the ruling have for Immigrants planning to apply?

The answer depends upon the individual Immigrant’s eligibility. 
Immigration
Questions & Answers
Question: I am the single son of US Resident. My father filed an immigration petition for me in the f2b visa category. However, I have a US citizen fiancé and she wants to petition me for fiancé visa, k-1.Is it possible that she also petitions me as I will be still single? So my main question is whether it's possible to have one immigration( f2b) case and non-immigrant( k-1) visa at the same time? Thanks
Answer: Yes, your fiancée can sponsor you for the K-1 visa and you will still remain eligible under your dad’s I-130 petition as a single, adult child of a U.S. Resident in the F2B Immigration category. Under Immigration regulations, an Immigrant can have multiple Immigration petitions filed for them in several different family categories and they do not conflict with each other. 
However, once you enter the U.S. and marry your U.S. Citizen Fiancé (as required under the K-1 Immigration regulations), the I-130 petition that your dad filed for you will automatically be cancelled, since there is no Immigration category for a married child of a U.S. Resident. 
H-4 Spouse Work Authorization Coming Soon!
After years of promising, finally, the USCIS has changed its policy and will soon allow H-4 Spouses of H-1B visa holders to work after being issued Work Authorization (EAD) . 

To this end, the USCIS recently promulgated rules for the new program which are under review and the program is expected to be implemented in the coming months. 
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...
Immigration How To:
How Does Same Sex Marriage In Florida Apply To Me And My Fiancee?
Question: My husband wants to file for me and my daughter but he still owes some money to the IRS. He is making monthly payments. Can he file before he finish paying? Thanks for your advice. 
Answer: That’s a really great question. In Residency cases, Immigration regulations only require that a Sponsor or Joint Sponsor provide copies of IRS Tax Returns proving that all required tax returns have been filed. There is no requirement that all taxes owed have been paid. In Naturalization cases, however, Residents are required to show that not only have all required tax returns been filed, but as well that either all outstanding taxes have been paid or an agreement for repayment has been reached with the IRS and all payments due under the agreement have been paid as agreed, even if a balance is still due.

So in your case, your husband can still sponsor you, even though he still owes money to the IRS. I hope this was helpful to you. 
However, as a result of the injunction, the USCIS has temporarily suspended implementation of the new Executive Action expanded DACA program which expands eligibility to include all Immigrants who entered the U.S. by January 1, 2010 before age 16, regardless of their current age and who otherwise meet the educational or military qualification and the DAPA program for Parents of U.S. Citizens & Residents who entered the U.S. by January 1, 2010.

The Obama Administration is appealing the decision, but for now, until the temporary Injunction is lifted, the USCIS will not accept applications from Immigrants who do not qualify under the existing 2012 DACA program and only qualify under the new Executive Action expanded DACA program (for Dreamers) and DAPA program (for Parents of U.S. Citizens & Residents).

You can find out more about qualifying under the DACA & DAPA programs and keep updated on the Injunction 
and status of the Executive Actions by visiting our website or by calling our office at: (954) 382-5378.
Immigrants who qualify under the existing 2012 DACA program, i.e., who entered the U.S. by June 15, 2007 before age 16, who were under age 31 when the program was enacted on June 15, 2012 and who are either currently be in school (any middle, high school, GED, college or tech school), or have graduated from high school, have GED or been honorably discharged from the military, may continue to apply for “Deferred Action” under the existing program.
To qualify under the new policy, the principal H-1B visa worker spouse must either an approved I-140, or have extended H1B status beyond the 6-year limitation based upon a PERM labor certification application or I-140 petition that has been pending for at least 365 days. 

You can review the draft new work authorization form and instructions:

New Draft EAD Form and Instructions
Under a new USCIS change of policy, a Memorandum regarding the use of DNA test results for Sibling cases was issued, where both siblings share a common parent. Under this policy, based upon current scientific standards, the USCIS will no longer consider DNA test results for siblings to prove the biological relationship. The reason is that the DNA testing industry has not established reliable probability standards for sibling-to-sibling DNA test results, so the resulting test results can’t be relied upon for accuracy.
Understanding the USCIS Policy Changes On DNA Testing for Siblings
Under the new policy, the USCIS can consider DNA tests between the siblings and their common parent, since those tests have proven to be accurate. So for instance, if a U.S. Citizen sister sponsors her brother, who had the same father, but not the same mother, the U.S. Citizen and her father could have their DNA testing done and the brother and his father could likewise have their DNA test done. 
Read the new USCIS Sibling DNA Testing policy Memo:

USCIS DNA Testing Memorandum
Immigrant Fiancées In Florida Can Now Benefit From the Lift of the Same-Sex Marriage Ban 
Since January 2015, Florida became the 36th State in the nation to allow same-sex marriage. As a result, same-sex couples in Florida are eligible to legally marry in the State. 

This change in policy allows U.S. Citizens and Residents in the State of Florida to marry their foreign fiancées in the State, rather than having to travel to another State such as New York to obtain a legal marriage license. Since 2013, Federal Immigration regulations have afforded same-sex couples the same Immigration benefits as other married couples, as long as the couple are legally married in a State or Country which recognizes same-sex marriage. 

Same-sex couples are now free to marry in Florida and submit Immigration petitions using valid Florida Marriage licenses. This also allows same-sex couples to obtain married names on their Florida Driver’s License and other State of Florida documents - which was previously prohibited.
This is important because in sibling sponsorship cases, where a brother or sister is sponsoring his or her sibling, and the siblings only share one common parent, it has historically been difficult for the USCIS to determine whether or not a real biological relationship exists between the siblings. In the past, DNA tests were used, but were not entirely accurate. As a result, many sibling cases may have been denied based up faulty DNA test results. 
If the DNA for both siblings shows common DNA with their father, then the USCIS could assume that the sibling are biologically related. Sibling cases which have been denied in the past can refile and use the new policy to prove the biological relationship. 
For more information about sponsoring your Same-sex Spouse, call our office at: (954) 382-5378.