Immigration Questions: (954) 382-5378

  POSTING DATE: April 23,  2018
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Immigration News & Updates eNewsletter ©  2011  - 2018 
For questions about U.S. Residency, Green Cards and Immigration Visas, Visit our Website at: or  call our office at: (954) 382-5378
Questions & Answers
This Week's Immigration News 
By Immigration Attorney Caroly Pedersen
Question: I am 66 years old, I just retired this year and finally got my citizenship. I want to sponsor my son and his wife  who live in Jamaica and my daughter who is divorced and lives in the united kingdom. I am a little worried because now that I am retired and on social security and I don’t make much per month, only about $1,250. I am afraid to file for them in case its denied due to my low income. Can you please tell me how I can go about qualifying to sponsor them and what I can do about the income issue? Thanks so much.
Answer: The issue of meeting the financial requirements does not apply to the first step in the immigration process for your children. Once the family petition is filed by the a U.S. Citizen, it must be processed and approved by the USCIS, then the case transferred to the National Visa Center to hold, waiting for an Immigrant Visa to be available. For nationals of most countries (except, India, China, Mexico and Philippines) for single adult children in the F1 Family Immigration category, the waiting time is about 7 years and for married adult children, it’s about 12 years. No financial documents are required to be submitted until a visa becomes available down the road. At the time the final processing begins, if the U.S. Citizen’s income does not meet the minimum requirements, they can simply get a Joint-Sponsor whose income does qualify to file an Affidavit of Support. So at this time, don’t worry about the Affidavit of Support issues, let’s just get the applications for your children filed as soon as possible to get them a place in the Immigrant Visa line. The longer you wait, the longer the line becomes. I hope this is helpful to you.
Understanding The E-2 Treaty Investor Visa – 
Cheap Alternative To The EB-5 Visa
Immigration How To:
How Do I  Know What Kind of Medical Exam I Need For My Immigration Case?
Helpful Immigration Tips You Can Use...

  Immigration News & Updates              eNewsletter
Understanding Selective Service Registration Requirements
Under current law, all men in the U.S. between the ages of 18 through 25 are required to register for military “Selective Service”, which is also often referred to as the "draft." The draft is a procedural measure which could be used by the U.S. government to gather military forces in times of war. The only time in the history of the U.S. that the draft was actually used was during the Vietnam conflict. However, the requirement for registration under Selective Service remains.

This requirement applies to Immigrants as well, including U.S. Residents (Green Card holders), Refugees, Asylees, Special Agricultural workers, and under recent policy changes in the past few years, even to undocumented foreign nationals who are in the U.S. in one of these categories between the ages of 18 and 25. 
USCIS Webpage Helps Immigrants in Locating Authorized Physicians And Understanding Requirements For The Medical Examination 
The E-2 Treaty Investor Visa is a little known, but perfect visa option for many foreign investors who want to open a new business or buy an existing one in the U.S.. For qualifying investors, the E-2 is a low cost alternative to the $1 Million dollar EB-5 visa, which allows both the Investor and their immediate family members to live, work and attend school in the U.S., while operating their own business. 

When Immigrants hear “Investor visa”, they usually think of the high cost EB-5 Investor Visa, when in reality, a successful E-2 visa can be obtained for up to five years (renewable) by investing around $100,000 in your own business. 
 Cap Reached For This Year’s H-1B Work Visas
The USCIS began accepting H-1B work visa applications on April 2, 2018 for the 2019 Fiscal year which begins on October 1, 2018. As with previous years, the USCIS received the allowable number of such new H-1B work visa applications during the first week and will soon begin sending the thousands of excess applications back to applicant companies. 

Under current law, there are only 65,000 new H-1B visas available each year for qualifying foreign professionals with Bachelor’s Degrees and an additional 20,000 for those with U.S. advanced degrees (known as the master’s cap).
The USCIS has an enhanced resource webpage to assist Immigrants in locating local doctors authorized to perform medical examinations required for Green Card applicants. 
The improved resources provide Immigrants with information including:
1) What to expect during the medial exam
2) Checklist of documents to bring to the examination and 
3) Tools to easily locate authorized doctors by zip code, driving directions and local transportation. 
A wide range of business types qualify under the E-2, including start-up, franchises and existing businesses. One of the only few requirements is that the business enterprise must be operated from a commercial location (not a home) and it must create new jobs or preserve the jobs of existing employees. However, not all business types qualify, specifically because some investments, for like those in real estate do not generally generate jobs. To qualify, an investor must be a national of one of the treaty countries on the State Department list which has an E-2 treaty with the U.S.. Many countries qualify, including Canada, Jamaica, Trinidad & Tobago, Colombia, Costa Rica, Argentina, Ecuador, Spain, Italy, U.K., to name a few.

Find out more about E-2 visas
Find out which countries qualify for the E-2 visa
Get Text Message From USCIS When Your Immigration Application Is Received!
Stay Informed - Sign-up For USCIS E-Notification & Email Updates On Your Immigration Case 

The USCIS now offers several ways for Applicants to get updates on newly filed and pending Immigration cases. Immigrants and Sponsors filing Immigration applications with the USCIS can now sign-up to receive text messages and email E-notifications confirming application receipt by the USCIS, along with the case receipt number(s).

 The receipt number allows individuals to track the status of their case online.  
E-notifications are issued within 24 hours after the USCIS receives the application.

To request e-notification, download and complete form G-1145 and mail along with all Immigration applications. Once you receive your case number, go to the USCIS website and sign up for Email Status updates on your case through the USCIS My Case Status program. Once you register and enter your case number(s), the USICS will automatically email you notifications and updates on any actions take on your case so that you are better informed about your case status. 

For instance, once your Immigration application is filed, the USCIS may issue you a letter requesting more evidence in order to continue processing the case. If you are registered to receive case status updates, you will receive an email notification that the USCIS has issued the request, which helps you to be aware that you should be receiving the request by mail soon. If you have not received the request, you can then make further inquiries. Similarly, once you respond to the USCIS request, you will receive an updated email notification that they have received your documentation. It’s a great way to stay informed and keep up to date on the status of your case as it is being processed.

Click here to get links to access a wide variety of USCIS online services in one place, including: My Case Status, E-Request, Change of Address Online, Check Processing Times, USCIS Field Office locator, Civil Surgeon Locator (for immigration medical exams) and more. 
Question: I am a resident of the U.S. and I sponsored my daughter when she was 19 years old, now she just turned 21 on April 3rd. Her I-130 has been approved and we got a notification and bills from the National Visa Center. My big fear is that since she is 21 this month, she won’t qualify anymore. Some friends told me to get my Citizenship, but I really don’t know what to do, can you please help me? 
Answer: The issue of children “aging out” from being a minor to an adult is very important, especially as it concerns children of U.S. Residents and those immigrating as “Derivatives” along with parents based upon an I-130 filed for their parent by a U.S. relative. First, its important to understand that the law treats children of Residents different than children of U.S. Citizens when it comes to “ageing out”. “Aging Out” means that a child goes from a minor to an adult at age 21.

When a U.S. Citizen files an I-130 for a minor child under age 21, the age of the child is “fixed” and that child remains a minor for immigration purposes, no matter how long it takes for the child to immigrate, or how old they actually are at the time of immigrating. In contrast, when a Resident files an I-130 for a minor child, the age of the child is not fixed and there is a risk of the child “aging out” by turning age 21 or older, thereby disqualifying the child as a minor and causing the child to change from the F2A Immigration category for minor children, to the F2B category for adults ages 21 or older, which puts the child in a much longer waiting line for a visa, taking many more years to immigrate.

However, under a law called the “Child Status Protection Act” (CSPA), a child can still be considered a minor, even after they turn age 21. Under the CSPA, the time that the I-130 petition was pending with the USCIS before it was approved (processing time), can be subtracted from the child’s actual age at the time the Immigrant Visa becomes available, to technically reduce the child’s age below 21, thereby allowing them to continue to be a “minor”, at least for immigration purposes. So, for example, if an I-130 petition is filed on Jan 1, 2011 and it is not approved until Jan 1, 2012, an entire year can be subtracted from a child’s age, thus allowing the child to continue to immigrate as a minor. This age subtraction formula is available to reduce a child’s age, beginning on the first day that a visa becomes available (according to the monthly Visa Bulletin) as long as the child applies for permanent residence, or the immigrant visa, within one year of visa availability. So for instance if a child is age 21 on April 1st, the day the Visa Bulletin first shows immigrant visa availability and the I-130 petition for the child was pending for a year, we can subtract a year from the child’s age, as long as the child begins the immigration process within a year. This applies even if the child turns age 22 during the process.

The only time this is not possible, is when a Resident unknowingly Naturalizes after the child turns age 21. In these cases, the CSPA cannot be applied and USCIS processing time cannot be subtracted from the child’s age, since once a Resident becomes a U.S. Citizen, the child’s age is “fixed” as of that time. So, if a child is age 21, no time can be deducted and the child become ineligible to immigrate as a minor the day his or her parent naturalizes. Many parents make great efforts to get their U.S. Citizenship once a child is nearing age 21, fearful that their minor child will “age out”, only to find out that instead, it was their Naturalization that caused the minor child to age out.

Of course it should not be so complicated, but unfortunately misunderstandings of the “ins & outs” of Immigration law can sometimes lead to heartbreaking results. With all this said, the best thing that a parent can do is get professional advice before taking action. In this case, Naturalization is the worst thing you could do and due to time constraints, you would likely not be able to become a U.S. Citizen for many months anyway. As in most cases, its likely that the I-130 for your daughter was processing with the USCIS for plenty of time before approval, so all that time can be subtracted from your daughter’s age and she will still be eligible to immigrate as a minor. Once the National Visa Center begins processing, it only take another several months for the Consular Appointment, as long as all the required documentation is prepared and submitted properly. Let me know if you need assistance in this phase of your daughter’s Immigration process.

You can find out more about how the “Child Status Protection Act” may benefit your minor child by calling our office at: (954) 382-5378.

The Selective Service registration requirement does not apply to nonimmigrants in a temporary status in the U.S. such as, diplomats, tourists, H1B workers, J-1 visitors, students, etc. Failure to register for Selective Service has serious consequences for U.S. Citizens and immigrants as well. U.S. Citizens can be denied certain federal benefits including federal employment, while immigrant have an additional penalty which can result in denial of U.S. Citizenship. During the Naturalization process to become a U.S. citizen, U.S. Resident men who immigrated to the U.S. or were in one of the above categories during the ages of 18 to 25 must prove that they registered for Selective Service. 

Failure to register can result in denial of U.S. Citizenship if the U.S. Resident makes the Naturalization application within five years of the failure, so up until age 31, under the “Good Moral Character” eligibility requirement for Naturalization applicants. However, there are some exceptions applied for those who can show that they did not “knowingly and willingly” fail to register. Those who apply for Naturalization at age 31 and above are not required to prove good moral character in regards to registering for selective service during the requisite period.

Visit the Selective Service System website

Visit the new USCIS webpage: USCIS Medical Examination