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  Immigration News & Updates              eNewsletter

  POSTING DATE: MAY 26, 2014
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This Week's Immigration News 
By Immigration Attorney Caroly Pedersen

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The House of Representatives is considering a measure called the “ENLIST act” which would allow Dreamers to join the U.S. Military and obtain a Green Card, then be granted U.S. Citizenship following an honorable discharge. 

The Bi-Partisan Enlist Act Bill was co-sponsored by 26 Democrats and 24 Republicans in the House, which increases its chances of approved -if ever brought to a vote. But as with previous such measures, a small minority of Tea Party Republicans are expected to attempt to block the Bill before it even makes it to the House floor for debate.
Congress And The Whitehouse Consider Giving Dreamers Green Cards Through Military Service
Meanwhile, the Obama administration has made it clear that it is reviewing Administrative Action which would accomplish the goals of the Enlist Bill, should Congress fail to act. With over 550,000 Dreamers granted Deferred Action status over the past several years, the Pentagon says that allowing undocumented foreign nationals raised in the United States to enlist in the Military would provide a larger pool of qualified applicants, as well as more diversity within Dept of Defense, which is "vital to the national interest." 

Some believe that the prospect of Executive Action by the President to bypass Congress may encourage the House to pass the Enlist Bill, while others see it as a way to continue criticism of the Whitehouse for “overreaching”.
Many Immigration experts see this as a test for Republicans in the House who say they only want to pass common sense Immigration Reform measures, since the Bill itself is very conservative and requires Dreamers to put their life on the line for America – that makes a lot of common sense to most Americans. 

To this point, even the Republican sponsor of the "the ENLIST Act, Rep. Jeff Denham favors Presidential Administrative Action, should Congress take its usual “inaction”, saying, “the Enlist Act provides an avenue for those who want to perform the ultimate act of patriotism -- serving their country -- to earn legal status, …As a veteran, I can think of no better way to demonstrate your commitment to our nation. It’s a change to military code, not immigration law." Stay Tuned….

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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:I have got 5 yrs multiple visa for USA. But I know when I will enter into USA I will get 6 months entry visa. If I come to my own country at the end of 6 months and staying 2 days in our country again I go to USA, will it be legal?
Answer: ​Its not an issue of whether or not its legal, its an issue of whether you can convince the officer at the border that you are eligible to re-enter the U.S. so soon after your extended stay. I will say that you will be denied entry. If you are denied entry, it could negatively affect your future visits to the U.S.. Foreign nationals who stay in the U.S. for extended periods are assumed to be working or living in the U.S. illegally. The best approach is to extend your tourist visa to obtain another 6 months stay or change status to a student or other visa. However, even with this, once you extend your stay as a tourist for the additional period, once you leave, it will be difficult to obtain re-entry any time soon.
Helpful Immigration Hints You Can Use
Immigration How To:
How Do I Change Status To an F-1 Student Visa Inside The U.S.??
Check The USCIS Website For Current Forms, Filing Fees & Mailing Addresses
When filing Immigration applications yourself, without the advice and representation of an Immigration attorney, be sure to pay particular attention to important technical details like Form expiration dates, USCIS Filing Fees & current mailing addresses. 

One of the most common reasons that the USCIS rejects applications - is for failure to complete the current Form, provide the correct filing fees or send to the proper mailing address.Avoid using forms provided to you by friends and family, since they might not be the current version. To be safe, check the USCIS website, since the USCIS periodically updates Immigration forms and publishes the most current version on the USCIS website. 
You can find out more about Removing the Conditions on U.S. Residency and Early Naturalization through Marriage to a U.S. Citizen by calling our office at: 954-382-5378 and by visiting our website at: www.Immigratetoday.com

Immigration regulations allow foreign nationals both inside and outside the U.S. to study at U.S. universities on student visas. To obtain an F-1 student visa inside the U.S., the prospective student must be in legal status as a tourist or other visa holder with an unexpired I-94 card and have been inside the U.S. for at least 60 days before making the student visa application. 

During the process, the student applies to the university, takes the TOEFL test if required and once accepted, is issued a form I-20 by the school which lists the educational program amount of tuition and the living expenses required during the student’s stay. The student must provide the school with proof of the ability to pay the total financial amount required on the I-20 form, which includes bank statements and often an I-134 Financial Affidavit form if a U.S. Resident or Citizen is acting as the financial sponsor. The prospective student must then register and pay $200 on the governments student visa site called “SEVIS”  and printout the receipt. 

Then the school documentation, form I-20, financial documentation, SEVIS receipt and other important documents must be filed along with a request to the USCIS to change status to a student visa. The processing time for the student visa is currently about 3 months. Once the change of status is approved, the student can begin studying. Note that the course of study listed in the form I-20 cannot begin more than 30 days after the applicant’s I-94 expires. In cases where the application is still pending when the classes are scheduled to begin, the school should update the SEVIS system to indicate a new start date, even if it begins after the I-94 expires. Finally, many international student departments at colleges and universities do not understand that a student can change status inside the U.S., so don’t be surprised if you are routinely given the wrong information. 
Question:Can I file my 1751 with the petition number and do I need new affidavit of support or can I sponsor myself if I make enough money?
Answer: ​There is no affidavit of support required for the I-751 for spouses of U.S. Citizens, in order to remove the condition on Residency, to make it permanent. However, you and your husband must file the petition together providing extensive marital documentation for the past 1 yr and 9 months. If you fail to do so, the USCIS will issue you a letter requesting additional evidence, which will cause delay in your case and more scrutiny of your application. If you fail to provide adequate additional documentation at that point, the USCIS Service Center will send your case to your local USCIS office for a marriage interview to determine whether you and your husband are really living together as a married couple, or if your petition was filed fraudulently. Obviously you want to avoid this, so make sure your initial petition meets all the requirements.
Read the Bill:
The Enlist Act

Read More About possible Presidential Executive Action on the Enlist measure:
Politico
Stars & Stripes
IBTimes
Similarly, confirm the current "direct" mailing address for the form and be sure to attach a Money Order or Cashier's Check payable to the Department of Homeland Security for the correct fee.

Finally, always be sure to make a copy of the entire application and all attachments before sending via Express Mail.

USCIS Forms
USCIS Filing Fees
You can find out more about Changing to a Student Visa inside the USA by calling our office at: 954-382-5378 and by visiting our website at: