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  Immigration News & Updates              eNewsletter

  POSTING DATE: MAY 12, 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 father has submitted an application and have received confirmation that his citizenship is being processed. Included in his application are my husband, my sister, brother, nephew and myself (ages 36, 35, 32, 4 and 34). My husband, brother and myself currently have B1 visas, while I have been accepted to pursue a Masters degree. My question is if my husband accompanies me to the states, how soon after my dad citizenship is approved can we apply to change our status where we can work?
Answer: ​Unfortunately, your father’s application for U.S. Citizenship does not include you or any other family members. The USCIS form simply requires each Naturalization applicant to list their spouse and children – although these family member do not actually receive any benefits from it.
Helpful Immigration Hints You Can Use
Immigration How To: 
How Do I find out how the immigration process works for adult children of Citizens? 
​As has long been expected, the Department of Homeland Security (DHS) finally announced that certain Spouses of H-1B Workers who are on H-4 visas will be eligible for Work Permits called “Employment Authorization Documents” (EAD) cards. 

To qualify for the EAD card, the H-1B worker’s spouse must have either: 1) an approved I-140 Immigrant Visa petition or 2) a PERM Application (Labor Certification) that has been processing for at least one year.The DHS anticipates that some 97,000 H-4 spouses will immediately be eligible for the EAD. 

​Read more about the DOS Announcement:
DOS Announcement
Fox News
The Daily Beast
Reminder – Use New Naturalization Form 
To Apply For Citizenship!
Beginning May 5, U.S. the USCIS will only accept the new Naturalization form (N-400) with date of 9/13/2013 at the bottom of the form. Any applications filed using earlier editions of the form will be rejected and will delay your naturalization process. Frequently, applicants download the naturalization form and work on entering the information over several months or more, then once all the information on the form is complete, the application is sent. This is what leads to old forms being inadvertently used. So be sure to review your form and make sure that it has the new edition date before submitting!
Many Spouses of H-1B Workers Will Soon Be Issued Work Permits
H-4 Spouses can find out more about obtaining Work Authorization by calling our office at: 954-382-5378.
Generally in the past, the waiting time for an Immigrant visa for Spouses and Minor Children of U.S. Residents (Green Card holders) was 2 years or more.

However, in August of 2013, the line suddenly temporarily disappeared, which allowed Spouses and Minor Children of U.S. Residents with I-130 petitions filed on or before August 2013 to immediately immigrate. Spouses and Minor Children of U.S. Residents who were inside the U.S. maintaining legal status were eligible to file for Adjustment of Status and obtain work and travel permits and stay in the U.S. waiting for their Residency to be approved and those abroad were able to consular process to immigrate to the U.S.. Unfortunately, this did not last long. In fact by October 2013 the Immigrant Visa line was already back to September 8, 2013 where it remains.
Immigrant Visa Waiting Line For Spouses and Minor Children of U.S. Residents Grows Longer
The bad news is that beginning June 2014, the visa line for Spouses and Minor Children of U.S. Residents will “regress” (move backwards) to May of 2012 for most countries (except Mexico, which goes back to March 2011), making the line up to 2 years or longer.

This means that Spouses and Minor Children of U.S. Residents in the U.S. who already applied for Adjustment of Status are able to continue living and working in the U.S. while waiting for their Residency to be approved in 2 or more years when a visa becomes available. Those abroad, however, will need to continue to wait for 2 years or more without the benefit of staying in the U.S. and having the ability to work. 

You can view the State Department's Visa Bulletin to see the  current Immigrant Visa waiting lines:

Visa Bulletin
You can learn more about family immigration waiting lines by clicking on the link below or by calling our office at: 954-382-5378:

Understanding Immigrant Visa Waiting Lines
Adult children of U.S. Citizens are in immigration categories which usually take many years to wait for an Immigrant Visa in order to immigrate to the U.S.. The process can be frustrating and not easily understood, so a run-down of the how the Immigrant Visa process generally goes as follows:

1)Your Parent files a Family petition with the USCIS 

2)I-130 Receipt issued by the USCIS

3)USCIS processing time currently takes about 4 years or so

4)USCIS issues I-130 Approval Notice to your Parent

5)USCIS transfers the case to the National Visa Center to put the case in the queue waiting for an Immigrant Visa to be available (according to determinations made by the State Dept) as reflected in the monthly Visa Bulletin

6)National Visa Center (NVC) sends letter to U.S. Citizen Parent indicating that the case is pending visa availability

7)Nothing happens for many years while waiting for Immigrant Visa availability.

Adult, Single children of U.S. Citizens called 1st Preference have to wait approximately 7 to 8 years. Adult, Married children of U.S. Citizens (and their spouse & minor children) called 3rd Preference have to wait approximately 11 to 12 years or more.

8)Finally, after many years, when an Immigrant Visa becomes available, the NVC notifies the U.S. Citizen parent that Fee bills must be paid in order to prepare the case for Consular Processing 

9)Once Visa and Affidavit of support fee bills are paid, consular forms and original documents must be submitted to the NVC along with the Affidavit of Support and financial documentation

10)Once all required documents are submitted, and the NVC file is complete, it sends the file to the U.S. Consulate to schedule the Immigrant Visa interview

11)The U.S. Consulate notifies the Immigrant of the Immigrant Visa appointment and provides instructions on having the required medical examination done.

12)The Immigrant (and his or her family) attend the Immigrant Visa appointment at the U.S. Consulate and if all goes well, the case is approved and the Immigrant receives a package in the mail which must be presented to the U.S. Immigration officials at the airport upon entering the U.S. . Prior to entry, Immigrant visa fees must be paid online and the receipt presented to prove payment.

13)The Immigrant and family receive their Green Cards at the address in the U.S. provided within about 30 days and then proceed to apply for Social Security numbers from the Social Security Administration.

Yay!!!
Once your dad becomes a U.S. Citizen, he can sponsor you to immigrate to the U.S., however, you will need to wait many years before an Immigrant Visa will be available to you.

Here are the current waiting times for adult children of U.S. Citizens:

1)1st Preference: Adult, Single children of U.S. Citizens – approximate waiting time 7 to 8 years
2)3rd Preference: Adult, Married children of U.S. Citizens (and their spouse & minor children) – approximate waiting time 11 to 12 years or more

In your case, as the Adult, Married daughter of a U.S. Citizen, once your father sponsors you, you will receive absolutely no immigration benefits and cannot work legally in the U.S. until an immigrant visa becomes available. At that time, many years from now, if you are inside the U.S. and have maintained legal immigration status, you can adjust status to U.S. Residency. If you are outside the U.S., you will receive your Immigrant Visa at the U.S. Consulate abroad.

Since you plan to be inside the U.S. attending a Master’s degree program, you would likely obtain your U.S. Residency much faster through sponsorship by a U.S. employer once you graduate, rather than waiting for a visa to be available through your dad.
Beginning May 5, U.S. the USCIS will only accept the new Naturalization form (N-400) with date of 9/13/2013 at the bottom of the form. 
Any applications filed using earlier editions of the form will be rejected and will delay your naturalization process. Frequently, applicants download the naturalization form and work on entering the information over several months or more, then once all the information on the form is complete, the application is sent. This is what leads to old forms being inadvertently used. So be sure to review your form and make sure that it has the new edition date before submitting!

Get the new Naturalization form here:
New Naturalization Form

Watch the USCIS Video about the new form:
USCIS N-400 Video
Recent Republican State Primary Elections May Increase 
The Prospects For Immigration Reform
Many House Republicans support Immigration Reform and for the most part, have been fairly flexible on the issue of reforming America’s broken Immigration system. In fact, in the not so distant past, a good number of moderate Republicans have even expressed their willingness to pass a measure in the House of Representatives which would include a legalization solution for millions of Immigrants in the U.S. who have no legal status. So what has been stopping them up to now? Fear of Tea Party challengers. The Tea Party base is adamantly opposed to any immigration reform measure which would allow Immigrants to obtain legal status in the U.S.. And since more Tea Party members usually vote than registered Republicans in State primary elections, House Republicans have long feared losing their House seats to Tea Party candidates on the issue of Immigration Reform alone. 
But according to Washington insiders watching recent primary elections in conservative states, this situation may change soon once the primary elections are over. Results from several states including North Carolina look very promising, showing Republican House members Rep. Renee Ellmers and Rep. Thom Tillis both supporting Immigration reform, winning over Tea Party challengers. Experts say that if this trend continues, House Speaker Boehner may be emboldened to bring a major Immigration Reform Bill which includes some form of “Legalization” to a vote in the House this Summer. Stay tuned…..