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

  POSTING DATE: APRIL 7, 2014
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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: www.ImmigrateToday.com or  call our office at: (954) 382-5378

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Immigration
Questions & Answers
Question: My daughter came here on a visitor visa 10 years ago and overstayed. She just got her DA status in jan 2014 and now she and her American boyfriend want to get married. I’m looking at the list you gave us for you to file for her Green Card and it is asking for a copy of her I-94 card. She lost the card years ago, so I am wondering if you can just use her DA status and not have to worry about that card. Thanks.
Answer: ​The Regulations require that all Immigrants adjusting status in the U.S. provide a copy of their I-94 Arrival/Departure card as proof of legal entry. The Deferred Action status she was granted by the USCIS does not exempt her from the requirement of proving her eligibility for Adjustment of Status to a U.S. Resident, by showing that she entered the country legally and was inspected by an immigration officer. 

We can request a duplicate I-94 for her and file her Residency case using the USCIS duplicate I-94 receipt instead of the actual I-94, so as not to delay her case. 
Helpful Immigration Hints You Can Use
Selective Service Registration Requirement For Certain Immigrant Men
Immigration How To: 
How Do I Change My Immigration Status In Social Security Records
Immigrants often receive a Social Security Card for many reasons, for instance while working on OPT after college graduation, while working on a work visa such as an H-1B, etc. However, those types of Social Security cards require USCIS authorization in order to work. Therefore, once an immigrant becomes a U.S. Permanent Resident, Social Security Administration Records need to be updated so that the immigrant is able to later be eligible to collect Social Security benefits.

To change your records, go to your nearest Social Security card and take your current card, U.S. Residency card, Driver’s License (if applicable) or valid Passport. The Officer will change your records in the system to reflect your new status and order a new Social Security card which does not have any restrictions. To learn more about changing your Social Security records, click on the link below:

Social Security Administration
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 Viet Nam conflict. However, the requirement for registration under Selective Service remains.
House Democrats Struggle To Gain Support For the Immigration Reform Discharge Petition
As of this writing, 190 House Democrats have signed the “discharge petition” introduced by members as a tactical maneuver to force a vote on Immigration Reform in the House of Representatives. While the petition still needs another 27 signatures in order to proceed, many Democrats say they plan to throw in their support. However, to date, no Republicans have agreed to support the Bill and its sponsors are facing tough challenges in convincing their Republican colleagues to sign on. Stay tuned…

You can learn more about Family and Employment Visas by visiting our website at:www.Immigratetoday.com or by calling our office at: (954) 382-5378.
USCIS Announces Plans To Reopen Certain Denied I-601 Provisional Waivers
The USCIS has announced its plan to reopen certain 601 waiver cases which were denied prior to January 24, 2014, solely due to the Immigrant’s criminal history. Until this recent change, I-601 Waiver applications were automatically denied in cases in which the Immigrant had a criminal record, even when the criminal history itself was not a legal ground for denial.
Under the new policy, for all 601 Waiver cases filed on or after January 24, 2014 with criminal issues, the USCIS reviews the case to determine whether the criminal conduct precludes eligibility and if not, adjudicates the actual 601 Waiver request. In light of this change, cases which were denied prior to that date will be reviewed.
For background, I-601 Provisional Waiver requests are filed on behalf of certain Immigrants with a U.S. citizen spouse or Parent who have “unlawful presence” in the U.S. and would therefore otherwise be ineligible to obtain residency. An approved 601 Waiver represents “forgiveness” by the USCIS, allowing the Immigrant to receive his or her U.S. Residency through consular processing. 
Therefore, always respond as early as possible, and for best results, no later than 2 weeks before the deadline. Be sure to make copies of everything you submit and send your response by U.S. Express Mail next day service with a tracking number and delivery confirmation. Then be sure to check the USCIS website a week or so after sending to make sure the USCIS online status shows that your response was received. If not, get delivery confirmation from the Postal Service and call the USCIS 800 number with your delivery confirmation information.

You can find out more information about 601 Provisional Waivers by calling our office at: 954-382-5378
Question: I filed for my husbands papers and the immigration sent us a letter asking for some documents about our case. I sent the documents in by certified mail with a postmark before the deadline date on the immigration letter. But we just got a denial letter from immigration saying that they did not get the documents by the expiration date. We called the 800 number and they said the same thing. We can’t believe it, so we want to find out from you if its really true that they have to receive our mail before that date, not just we have to have a postmark proving that we sent it out before the deadline. Can they really keep all our filing fees?
Answer: ​Yes, unfortunately it is true. All responses to USCIS must be received on or before the deadline. The USCIS no longer considers “postmarked” dates as meeting that requirement. Importantly, when cases that are denied, all filing fees are lost and the case must be re-filed all over again, properly. For background, during processing of Immigration petitions, the USCIS frequently issues letters which request additional information or documentation in order for the case to be approved. Each request gives a deadline, usually 87 days to respond. If the response is not received by the deadline, the case will be denied, no matter how minor the document being requested seem.
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. 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 (age 30), although there are exceptions applied for those who can show that they did not “knowingly and willingly” fail to register. Naturalization applications after age 30 will generally not be denied solely due to failure to register, however applicants will often be asked to explain why they failed to register and should be prepared to give a reasonable explanation. 

You can find out more about Selective Service registration:
Selective Service System