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This Week's Immigration News 
By Immigration Attorney Caroly Pedersen

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Immigration News & Updates eNewsletter ©  2011  - 2014  
For questions about U.S. Residency, Green Cards and Immigration Visas, Visit our Website at: or  call our office at: (954) 382-5378

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Questions & Answers

Question: My son was born in U.S.A and he will be 21 in 2016 and to apply for me and my wife and children for a Green Card. My questions are 1) Will my children under the age of 18 years old be considered on the same immigration process? 2) I have an unmarried son who is going to be 24 years old at the time of doing the immigration petition, what would his situation be? thanks
Answer: ​This is a very common question and often very confusing to Parents of U.S. Citizens who have minor children. Parents of U.S. Citizens are called “Immediate Relatives” (as are Spouses and Minor children).U.S. Immigration regulations only allow U.S. Citizens to sponsor each of their Immediate Relatives separately and no dependant spouses or minor children are able to immigrate along with them. For instance a U.S. Citizen child cannot sponsor his Parents together as a couple, instead, each parent must be sponsored separately in a separate family petition. Therefore, your son can sponsor you and your wife (his mom) separately and you can immigrate to the U.S.. however your children will not be able to immigrate along with you. 

The children can obtain U.S. Residency later in one of several ways:

1) Once you obtain your Green Card you can sponsor them. Children of U.S. Residents who are age 21 or older are in the Immigration category called F2B for adult, single children of U.S. Residents. The visa line in that category is currently about 8 years and children cannot marry during that time or the petition is cancelled. Minor children of U.S. Residents are in the F2A category, with a current visa line of approximately 1 year or more. Therefore, if your children are age 20 or younger at the time a visa becomes available, they will be able to immigrate much more quickly than the F2B category. 

2) Your U.S. Citizen son can petition for his siblings in the F4 Immigration category for siblings (and their spouses & children) of U.S. Citizens. The visa line in that category is currently 13 to 14 years.

One good strategy to keep the family together is for the children to obtain Student visas to attend school in the U.S. before any family petition is filed for them. This allows them to live in the U.S. together with the family. Following graduation, most students receive Work Authorization for a year or more and have the opportunity to be sponsored by a U.S. employer for a work visa and even a residency visa. However, once a family member filed a family petition for a child, it could be very difficult for the child to thereafter obtain an F-1 visa since student visa applicants are required to have “non-immigrant intent”, meaning they do not intend to immigrate to the U.S. and will return home after their studies in the U.S. conclude. A family petition filed on their behalf makes proving that to the U.S. Consular officer extremely difficult if not impossible.
Helpful Immigration Hints You Can Use
Immigrants Without Legal Status - Save Documentation 
To Prove Physical Presence in the U.S.
Immigration How To:
How Do I…….  Find Out What Happens At My Naturalization Interview ??
The USCIS has online videos of a typical Naturalization interview and test, as well as other videos regarding naturalization for military personnel and Naturalization ceremonies. 

You can view the USCIS videos by clicking on the link below:

USCIS on Youtube
As with the new Childhood Arrivals program, any future Immigration Reform or Amnesty will require that Immigrants prove that they have been living inside the U.S. for a certain period of time and that they were currently physically present in the U.S. on the date of the law’s enactment. Gathering and retaining evidence of physical presence in the U.S. will be critical to eligibility. Simply save receipts, utility bills, statements, doctor receipts, etc that include the date—to show your presence over time and let them accumulate.  

You never know when you will need them and if you do and you don’t have the evidence, it will be very difficult to get later. As they say, “it is better to be safe – then sorry”.
2014 Immigration Reform Not Dead …Just on “Pause”!
After flip-flopping on his promise to take up Immigration Reform as a priority in 2014, House Speaker John Boehner is not officially back-peddling from the Immigration Reform “Principals” released in January, but instead trying to buy time to persuade his Conservative Republican House members to go along or allow for other House members to bring Immigration Reform up for vote using technical House rules (called a ‘‘discharge petition’), which he would not be a part of.  

When asked recently about the prospects for a Reform Bill in the House, Boehner told reporters “This issue needs to be dealt with, and the sooner we deal with it, the better off the country will be,…I would say we’re in the pause mode.” Stay Tuned…

You can learn more about sponsoring Parents and Siblings for U.S. Residency by visiting our website or by calling our office at: (954) 382-5378.
The USCIS Begins Accepting Applications For H-1B Work Visas On April 1st 
It is that time of year again and the USCIS will begin accepting new H-1B work visa applications on April 1st to allow foreign nationals to begin working for a U.S. employer in 20134 However, as the employment rates have improved, so has the demand for H-1B Visas and the 65,000 visas available this year are expected to be taken very early – even as soon as the 1st week of April. 

As in years past, the USCIS may select applications by a random lottery, if the volume of requests for the visa exceeds the visas available. Because of the anticipated shortage of visas, those hoping to obtain an H-1B Visa this year, particularly students on OPT, should line up a U.S. Employer willing to support the H-1B Visa request quickly, in order to begin processing the case for filing by April 1st. 
Read More Immigration Reform News:
Washington Post
NBC News
As background, the H-1B work visa allows qualifying foreign nationals to work for a U.S. employer for up to six years and even longer when an employer sponsors the H-1B worker for a Green Card. To qualify, the H-1B visa requires the foreign national to possess a Bachelors degree or its equivalent and be offered a professional position in a U.S. company. After obtaining an H-1B visa, Immigrants (and their families) often obtain a Green Card through their H-1B employer in a process called Labor Certification. 

Find out more about H-1B and other Work Visas by visiting our website or calling our office at: 954-382-5378.