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  Immigration News & Updates              eNewsletter

  POSTING DATE: MAY  25,  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
Immigration
Questions & Answers
Question: My girlfriend applied for a U.S. tourist visa and she got denied. The officer gave her a form 214B. We are really confused and don’t understand what this means. 
Answer: A visa denial under section 214(b) is one of the most common types of visa denials, normally based upon the Consular Officer’s belief that the applicant has the “intent to immigrate” to the U.S. 214(b) denials are usually issued when a foreign national is not able to convince the Consular Officer that he or she has “Strong Ties” to their home country which would likely compel the applicant to return home at the end of their visit and not stay in the U.S..

Demonstration of “Strong Ties” includes documents which prove that the applicant is employed, owns a home or other real estate and has close family members who reside in the home country.
Most foreign nationals mistakenly believe that the fact that they have family in the U.S. will work in their favor when applying for a U.S. Visitor Visa (B1/B2). However, contrary to belief, close relatives in the U.S. such as U.S. Citizen or Resident parents, spouses or children can have a very negative impact on an application, since the mere presence of such relatives in the U.S. tends to show that an applicant might be more prone to want to stay in the U.S..

In her case, she can apply again in 6 months and next time bring plenty of documentation. Tell her not to be discouraged. I have had clients tell me that they applied 5 times and were denied, then approved on the sixth try!
Rundown of 2016 Presidential Candidates’ 
Positions On Immigration Reform
Over the past 10 years, the issue of Immigration Reform has increasingly become a controversial subject, and is now one of the most dominant political issues in the media and among policy makers today. You need only observe the thunderous opposition by conservatives in response to President Obama’s Executive Actions on Immigration, to understand what a “hot button” issue it has become. 

As a result, 2016 Presidential Candidates from both parties have been forced to stake out their positions on the subject, indicating whether they would support and continue reforms put in place by Obama, or oppose and cancel the programs upon taking office.
Here is a rundown of where most of the major announced and soon-to-announce Candidates are on Immigration Reform:

Democrats:

Hillary Clinton – Former Secretary of State: supports President Obama’s Executive Actions on Immigration and a pathway to citizenship for the millions of undocumented Immigrants in the U.S. 

Martin O'Malley - Former Governor of Maryland: Instrumental is getting the Dream Act passed in the state, supports President Obama’s Executive Actions on Immigration and a pathway to citizenship for the millions of undocumented Immigrants in the U.S. 

Bernie Sanders - Vermont Senator: supports President Obama’s Executive Actions on Immigration and a pathway to citizenship for the millions of undocumented Immigrants in the U.S. 

Republicans:

Jeb Bush – Former Governor or Florida: opposes President Obama’s Executive Actions on Immigration and supports a pathway to citizenship for the millions of undocumented Immigrants in the U.S..

Mike Huckabee - Former Governor of Arkansas: supports President Obama’s Executive Actions on Immigration, but currently opposes a pathway to citizenship for the millions of undocumented Immigrants in the U.S. 

Rand Paul - Kentucky Senator: opposes President Obama’s Executive Actions on Immigration and currently opposes a pathway to citizenship for the millions of undocumented Immigrants in the U.S.. 

Marco Rubio - Florida Senator: opposes President Obama’s Executive Actions on Immigration and currently opposes a pathway to citizenship for the millions of undocumented Immigrants in the U.S.. He was member of the 2013 bipartisan group referred to as the “ Gang of Eight” which drafted the comprehensive immigration reform bill, S.744 - the Border Security, Economic Opportunity, and Immigration Modernization Act, passed the Senate in 2013, but not the House. Since that time, however, he has distanced himself from the legislation, which included a pathway to citizenship, and is now focused on border security.

Scott Walker – Governor of Wisconsin: opposes President Obama’s Executive Actions on Immigration and opposes a pathway to citizenship for the millions of undocumented Immigrants in the U.S..

Ted Cruz – Texas Senator: opposes President Obama’s Executive Actions on Immigration and opposes a pathway to citizenship for the millions of undocumented Immigrants in the U.S..

Carly Fiorina - Former Hewlett-Packard CEO, opposes President Obama’s Executive Actions on Immigration and opposes a pathway to citizenship for the millions of undocumented Immigrants in the U.S..

Rick Santorum  - Former Pennsylvania Senator: opposes President Obama’s Executive Actions on Immigration and opposes a pathway to citizenship for the millions of undocumented Immigrants in the U.S..

Lindsey Graham - South Carolina Senator: opposes President Obama’s Executive Actions on Immigration and supports a pathway to citizenship for the millions of undocumented Immigrants in the U.S.. He was member of the 2013 bipartisan group referred to as the “ Gang of Eight” which drafted the comprehensive immigration reform bill, S.744 - the Border Security, Economic Opportunity, and Immigration Modernization Act, passed the Senate in 2013, but not the House. 

Bobby Jindal – Governor of Louisiana: opposes President Obama’s Executive Actions on Immigration and currently opposes a pathway to citizenship for the millions of undocumented Immigrants in the U.S..

Rick Perry – Former Governor of Texas: opposes President Obama’s Executive Actions on Immigration and currently opposes a pathway to citizenship for the millions of undocumented Immigrants in the U.S..

Chris Christie – Governor of New Jersey: opposes President Obama’s Executive Actions on Immigration and currently opposes a pathway to citizenship for the millions of undocumented Immigrants in the U.S..

Dr. Ben Carson - Pediatric Neurosurgeon: opposes President Obama’s Executive Actions on Immigration and opposes a pathway to citizenship for the millions of undocumented Immigrants in the U.S..
You can visit the State Department Website for information on the most common visa denial types:

State Department Visa Denials
Immigration How To:
How Do I Know What Filing Fees Are Required?
One of the most common reasons for case rejection by the USCIS is for the wrong Filing Fees. You can see the current USCIS Filing Fees by clicking on the link below:
Current USCIS Filing Fees
Avoid Case Rejection By Enclosing the Correct USCIS Filing Fee
Understanding What Happens At Your Naturalization Ceremony And Once You Become a U.S. Citizen
Once your Application for Naturalization is approved, the USCIS puts your case in the queue to be scheduled for your Oath of Allegiance which takes place at your naturalization ceremony. This taking of your Oath of Allegiance complete the process of becoming a U.S. citizen.
Understanding the types of Oath Ceremonies:

There are two kinds of Oath of Allegiance ceremonies, one, is a judicial ceremony, where the court administers the Oath of Allegiance for Residents who have requested a name change and the regular administrative ceremony, during which the USCIS administers the Oath of Allegiance.

So what’s going to happen at your naturalization ceremony?

1. Receive Your Naturalization Ceremony Notice to Take the Oath of Allegiance

While some Immigrants who request it may be able to participate in a naturalization ceremony on the same day as their naturalization interview, many Residents must wait for the USCIS mail them a notice with the date, time, and location of their scheduled naturalization ceremony, called a Notice of Naturalization Oath Ceremony (Form – N-445). Those who cannot attend the scheduled naturalization ceremony must return the notice to their local USCIS office, along with a letter requesting a new date and explaining why they are not able to attend the scheduled naturalization ceremony. Residents who fail to show up for their naturalization ceremony without having requested a rescheduling may receive a denial of their naturalization case.

2. Complete Form N-445, Notice of Naturalization Oath Ceremony before checking in at the Ceremony
Residents should complete Form N-445, Notice of Naturalization Oath Ceremony before arriving at the ceremony, prior to check in with USCIS. During check-in, a USCIS officer will review your responses to the questionnaire.

3. Surrender of your Permanent Resident Card (Green Card) 

Residents who are becoming U.S. Citizens must surrender their Permanent Resident Cards to the USCIS at the time they check- in for the naturalization ceremony. Those who have lost their cards can receive a waiver. 

4. Taking the Oath of Allegiance to the United States

A Resident is not a U.S. citizen until he/she takes the Oath of Allegiance to the United States during the naturalization ceremony. After the Oath, new U.S Citizens receive their Certificate of Naturalization.

5. Notes about the Certificate of Naturalization

New U.S Citizens should carefully review the Certificate of Naturalization for accuracy while still at the ceremony. Any inaccuracies must be brought to the attention of the USCIS before leaving the ceremony. Unless or until you apply for your U.S. Passport, your Certificate of Naturalization is your official proof of your U.S. Citizenship. Those who lose their Certificate of Naturalization must request a replacement by filing Form N-565, Application for Replacement Naturalization/Citizenship Document and paying the $345 USCIS filing fee. The waiting time for a replacement can be lengthy.
downloading the form. 

6. Time to apply for Your U.S. Passport

Once you receive your Certificate of Naturalization, you can immediately apply for a U.S. passport. You will receive an application for a U.S. passport at your naturalization ceremony, called the “U.S. Citizenship Welcome Packet” or you can go online to the U.S. Passport office  

7. Time to Register to Vote!

Now that you are a U.S. Citizen, it is your right and privilege to vote. You can register to vote at certain locations in your community, which may include post offices, motor vehicle offices, county boards of election, and offices of your state Secretary of State. You can read more about registering to vote by reading the government publication: “A Voter’s Guide to Federal Elections."

8. Final Step: Update your Social Security Record

After you become a U.S. Citizen, you will need to notify the Social Security Administration (SSA) to update your Social Security record. You can find your local Social Security office by calling 1-800-772-1213 or by visiting: www.socialsecurity.gov. You can go to your local SSA office about ten days after your ceremony to give time for the SSA to be able to access your new status in the USCIS records. Be sure to take your Certificate of Naturalization or U.S. passport with you. Good luck! 
Hillery Clinton Hires DREAMER As Latino Outreach Director
Democratic Presidential candidate Hillary Clinton recently named former DREAMER and Immigration activist Lorella Praeli as Latino Outreach Director of her 2016 campaign. Like most DREAMERS, Praeli was brought to the U.S. by her parents at age 10, not knowing her illegal immigration status until she was a senior in high school. 

She remained undocumented for almost 13 years and became an outspoken advocate for DREAMER rights, later serving as director of policy and advocacy for United We Dream, a leading DREAMer advocacy network. Though she received her Green Card in 2012, her sister remains undocumented, protected from deportation under President Obama's 2012 Deferred Action for Childhood Arrivals (DACA) program and her mother qualifies under the Presidents new Executive Action DAPA program, but like millions of other Immigrant parents, is unable to apply until the Court of Appeals makes its final ruling.
Read More about Lorella Praeli:
NBCNews
Vox