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

  POSTING DATE: MARCH 2,  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
USCIS Announces Upcoming Public Outreach 
Sessions & Naturalization Ceremonies In South Florida
Public Outreach Sessions (general immigration information):

3/3/2015 from 7:00 – 9:00 pm – Haitian Family Reunification Parole (HFRP) Program Town Hall at North Miami Adult Education Center Auditorium, 13110 NE 8th Ave. N. Miami, Fl. Creole translation will be available.

3/10/2015 from 4:00 – 7:30 pm – USCIS Information Desk (general immigration information) at West Dade Regional Library located at 9445 Coral Way Miami, Fl. 

3/12/2015 from 6:30 – 8:00 pm – Haitian Family Reunification Parole (HFRP) Program Session in Creole at William H. Turner Technical Arts High School Media Center, 10151 NW 19th Ave. Miami, Fl. 
Immigration
Questions & Answers
Question: I recently married a US citizen and we are keen on living together. I have a daughter from a previous marriage who is 20 yrs old. Will my husband be able to file for my daughter and myself together?
Answer: Your Husband can sponsor you, but unfortunately not your daughter. Immigration regulations require that the marriage between the foreign national spouse and U.S. Citizen or Resident spouse takes place before the stepchild reaches age 18, in order for the child to be sponsored. However, once you obtain your residency, you can sponsor your daughter, but the waiting line is about 7-8 years. You might consider having your daughter get an F-1 student visa and study in the U.S. so she can be with you. 
For your case, if you do not have a U.S. Tourist visa and will process for your U.S. Residency abroad, it will take about 8 months for you to be able to immigrate to the U.S.. However, if you have a Tourist visa and are in the U.S., the process is about 6 months to receive your Green Card. 
USCIS Will Begin Issuing H-4 Work Authorization In May 2015
Helpful Immigration Tips You Can Use...
Immigration How To:
How Do I know If I Need To File An Affidavit of Support?
Question: I am married to a U.S. Citizen who I got my green card through. I got my conditions removed and received my permanent green card, then I applied for my early Citizenship due to marriage to my American wife. I went to my Citizenship interview and the officer questioned me a lot about my marriage and asked me to give him lots of documents about me and my wife living together, but I didn’t have them. At the end, the officer scheduled me for another immigration interview and said I have to bring my wife with me. The thing is that me and my wife don’t live together anymore, but we are still married, have not divorced yet. I thought that the law was that if I’m married to an American I can apply, even if we don’t live together anymore. Can you please clear that up for me. Thanks
Answer: Most U.S. Residents must wait for 4 years and 9 months from the date of first obtaining their Green Cards before being eligible to apply for U.S. Citizen through Naturalization. However, the law allows U.S. Residents who are married to and living with their U.S. Citizen spouse in a bona-fide (real) marriage to apply for Early Naturalization in 2 years and 9 months after obtaining their Green Card. The law is generally known as the 3/3/3 rule: 1) The U.S. Citizen Spouse must have been a U.S. Citizen for at least 3 yrs; 2) The couple must have been married for at least 3 yrs and finally 3) The U.S. Resident must have held status as a Green Card holder for at least 3 yrs (really only 2 yrs & 9 mos).

Since you are no longer living with your U.S. Citizen husband, you are no longer eligible to apply for expedited naturalization based upon your marriage. A good option is to have your Naturalization application “withdrawn” in order to try and avoid any issues arising about whether or not you were eligible for your Permanent Green Card. Another option is to allow the case to be denied without pursuing the matter further. 

You can find out more about important Early Naturalization issues by calling our office at: 954-382-5378
Under pressure to implement the recently announced policy change to allow certain H-4 spouses to work, the USCIS has scheduled May 26, 2015 as the start date to begin accepting applications. In accordance with the announcement, the Department of Homeland Security published the final Rule in the Federal Register on February 25th. 

You can read the final rule published by the Department of Homeland Security:
H-4 Final Rule
For more information about Affidavits of Support and how to qualify, call our office at: (954) 382-5378.
3/12/2015 from 7:30 – 9:00 pm - Naturalization Information Session in Spanish at Hialeah Adult Education Center Auditorium, 251 East 47 St. Hialeah, Fl. 

3/19/2015 from 4:00 – 7:30 pm - USCIS Information Desk (general immigration information) at Kendale Lakes Branch Library located at 15205 SW 88 St. Miami, Fl.

3/24/2015 from 6:00 – 7:30 pm – USCIS Information Desk (general immigration information) at Weston Branch Library located at 4205 Bonaventure Blvd. Weston, Fl.

3/25/2015 from 1:00 to 5:00 pm – USCIS Information Desk (general immigration information) at Homestead Branch Library located at 700 N. Homestead Blvd. Homestead, Fl.

3/30/2015 from 5:00 – 6:30 pm – USCIS Information Desk (general immigration information) at Northwest Regional Library located at 3151 University Dr. Coral Springs, Fl. 
The USCIS recently announced upcoming Public Outreach Sessions & Naturalization Ceremonies taking place in the next month in South Florida:

Naturalization Ceremonies

Miami Field Office – March 13, 20 and 27  
Hialeah Field Office - March 13 and 27
Oakland Park Field Office – March 13, 20 and 27
Kendall Field Office – March 6, 13, 20 and 27
Website Allows Immigrant Workers To Self-check 
Employment Eligibility Status
Did you know that the USCIS has a website which gives Immigrant and other workers the ability to safely check their own employment authorization status in the government system? Its True!
Visit the new My E-Verify site to check your status:
Affidavits of Support - What Are They And Who Needs Them
In order to sponsor a family member to immigrate to the U.S. to become a Resident (receive a Green Card), all U.S. citizens and Residents must prove that they have the ability to support their foreign relative financially for a period of years. This is required to show the U.S. government that the family member immigrating is not someone likely to immigrate to the U.S. then go collect government assistance (often called "welfare"). The Affidavit is a legally binding promise by the Sponsor that they will take financial responsibility if the need arises so that their relative will not collect government assistance and if that does occur, the Sponsor will be responsible to reimburse any government agencies from which their immigrant family received financial assistance. 

The Affidavits of Support must always be filed by the U.S. citizen or Resident for their immigrating family member(s), even if they do not meet the minimum financial guidelines. In such cases, a Joint-Sponsor who does meet the financial requirements can provide an additional Affidavits of Support and will be bound by the same obligations. Joint-Sponsors must be either a Resident or U.S. Citizen, but are not required to be a family member. The sponsor’s obligation lasts until the immigrant either becomes a U.S. citizen, has earned 40 work quarters credited toward Social Security (about ten years of work), dies, or permanently leaves the United States. If the immigrant has already been living in the U.S. and worked legally, earning work credits before applying for the green card, those count toward the 40.

Minor Children (under age 18) of U.S. Citizens who automatically obtain U.S. Citizen upon being granted Residency are not required to have an Affidavit filed on their behalf, but must for a waiver form.

Good to know…
 The USCIS has announced the creation of a new website which gives Immigrant and other workers the ability to safely check their own employment authorization status in the government system. 

Called “My E-Verify”, the website gives individuals free access to self-check employment eligibility and to see information about themselves that an employer might see about them in the government E-Verify system, as well as to assist workers to combat fraud and protect against identity theft.