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Immigration News & Updates eNewsletter
POSTING DATE: JUNE 16, 2014
This Week's Immigration News
A recent primary election in the State of Virginia last week, resulting in the defeat of the Republican House Majority Leader Eric Cantor by a previously unknown Tea Party Candidate, David Brat, could have a negative impact on Immigration Reform for 2014. This is the first time in the history of the House that a Majority Leader was defeated in a primary election.
The reason some say is that Brat ran his campaign on an anti-immigration/anti-amnesty platform which criticized Cantor for his support of Immigration Reform, bringing out lots of anti-immigration voters to the polls to vote, while those who favor immigration stayed home.
Tea Party Win In Virginia Could Be A Death Blow To Immigration Reform in 2014
In reality, Cantor was never a major supporter of Immigration Reform, but instead was willing to consider step by step legislation which would eventually lead to some restrictive type of legalization. Nevertheless, the defeat was so unexpected, that no one saw it coming. Even a week later most Republicans, Democrats and the Whitehouse remain stunned at the news and are still trying to determine what it exactly means for the prospect of Immigration Reform.
Until Cantor’s recent loss, House Speaker Boehner and other moderate Republican leaders were very quietly busy plotting a strategy to introduce a broad immigration measure this Summer before the Congressional recess in August. But now, Cantor’s defeat may have frightened many other Republicans who were beginning to come around on the idea of passing Immigration Reform this year, making them more likely now to publically oppose any immigration Bill which even mentions any form of legalization.
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Questions & Answers
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Question: Hello, I own a business in Israel and my mother is an American citizen (a new one - she just got her citizenship a few days ago). My brother is engaged to an American and just finished his PhD at MIT.I'm married and we have 2 girls, we have both Israeli and EU citizenships and we want to relocate to the US. We got information that our best chance is the E2 visa, can you please provide us some info if this is correct? if not - we would like to know which other option is better for us (I heard that the other option is to wait 10 years to be able to get a green card, is there a better way?)Thanks in advance
Answer: It will take about 10- 12 years for you to be able to immigrate through your mother. Your brother cannot sponsor you until he is a U.S. Citizen and then the wait is about 12 -14 years. The E-2 is a non-immigrant option, meaning no Green Card. I would recommend investing no less than $100K or more. The other immigrant option is an EB-5 Investor visa (direct Green Card) which would require an investment in the U.S. between $500K - $550K. I’ve attached information for you about both visas. Let me know if you have any questions.
Helpful Immigration Hints You Can Use
Immigration How To:
How Do I Calculate The Age of Minor Children Under the Child Status Protection Act?????
K-1 Fiances and Adjustment of Status
K-1 visas are used by a foreign national fiancé of U.S. Citizen to enter the United States to get married within 90 days to that United States citizen. Most immigrants are not aware that technically, if the couple does not get married within the 90 day period, the visa becomes void and the Fiance is required to leave the U.S.. However, the good news is that even if the couple marries after the 90 day period, the fiancée can likely still petition for Residency, as long as the marriage is to the U.S. Citizen who sponsored the Fiancé visa and the case is properly filed.
Fiances who marry someone other than the original petitioner, however, are not eligible for a Green Card in the U.S. and with few exceptions currently are not able to obtain any type of legal immigration status in the U.S.. Immigrants who are in these circumstances are likely to benefit from Immigration Reform when it finally passes Congress.
You can find out more about filing or re-filing I-751 Removal of Conditions petitions
by calling our office at: 954-382-5378
The Child Status Protection Act ("CSPA") was enacted into law in 2002 to assist children were beneficiaries under a family petition, but had turned age 21 and “aged-out” meaning had become ineligible to immigrate as a minor (under age 21). The CSPA changed the process for determining whether a child has "aged out" (i.e. turned 21 years of age before being issued an immigrant visa or adjusting status) for the purpose of the issuance of visas and the adjustment of status of applicants in most immigrant categories, allowing children to subtract the time that the I-130 petition was “pending” with the USCIS from the child’s age, in some cases bringing the age down under age 21 for immigration purposes.
This is particularly important for children who’s parent are sponsored by Parents and Siblings, where the waiting line for a visa can be 10 -12 years or more.
There is a specific formula for determining whether a child's age is protected by the CSPA and there are required dates that must be plugged into the formula. The following is an example of how to calculate the age of a person using the CSPA formula for a child who is now age 24:
CSPA Calculator Results
Date of birth:06/25/1988 Priority date:04/30/2001 Approval date:10/04/2005 Visa bulletin current date:04/01/2013 Petition pending duration:4 Years 5 Months 5 Days Visa availability date:April 1, 2013 Actual age when visa became available:24 Years 9 Months 8 Days CSPA age:20 Years 4 Months 3 Days
Child is age 24 now, but subtracting out 1618 days, puts the Childs age back down to age 20
So the child remains eligible to immigrate to the U.S. as a Minor Child for Immigration purposes.
Answer: That’s a great question. When an immigrant is granted residency through their marriage to a U.S. Citizen spouse, the Green Card is only issued temporarily for two years. Three months before it expires, the couple needs to file a request to remove the conditions on residency (form I-751). Unfortunately, couples often do not understand the extreme importance of not only filing the forms, but of providing extensive marital documents from the time the temporary Green Card was issued to prove that the couple is still living together in a real marriage. In cases where the couple fails to provide sufficient documentary evidence, the local USCIS office will interview the couple, often separately, to try to determine whether or not the marriage is real. If the couple gives inconsistent answers to the officer’s questions without providing convincing explanation, the case will generally be denied and residency is terminated. This also terminates both work and travel permission as well. Unfortunately, there is no appeal of the denial. Once the denial is issued, the next step is the issuance of a Notice To Appear (NTA) in immigration court.
However, before the NTA is issued, you still have an opportunity to refile your I-751 case again – but this time, properly! Once the case is correctly re-filed, you will receive a new receipt which extends your work and travel permission and the case will proceed to be reviewed the USCIS service center.
For immigrants who are no longer living with their U.S. Citizen spouse, a new case can be filed alone, without the Citizen spouse, requesting a waiver of the “joint” filing. The immigrant spouse will be required to provide the USCIS with a divorce decree either prior to or soon after refilling the case, as well as extensive documentation to prove that even though the couple is no longer together, the marriage was entered into for love and not for immigration purposes. This is usually done through marital documents, photos, Affidavits and other evidence, depending upon the circumstances of the case.
USCIS Changes Policy on Immigration Medical Examination Validity
Other political experts say that the media and politicians are blowing this one primary election in Virginia way out of proportion and point to other Republicans in Southern Districts like Sen. Graham in South Carolina, who actually helped write the Senate Immigration Reform Bill last year and still easily defeated his Tea Party challenger in the State’s recent primary election.
Echoing this sentiment, President Obama told an audience last week that he "fundamentally rejects" the notion that House Majority Leader Cantor's election defeat means that tackling immigration legislation is now out of reach. "It's interesting to listen to the pundits and the analysts, and some conventional wisdom talks about how the politics of immigration reform seem impossible now," Obama told the crowd. "I fundamentally reject that and I will tell the speaker of the House he needs to reject it." Stay tuned…
Read More Articles About the Surprise Tea Party Win in Virginia and its possible effect on Immigration Reform:
The USCIS recently announced that effective on June 1, 2014, all Medical Examinations required as part of the Green Card process will be valid for only one year from the exam date. Previously, the USCIS policy was to extend the validity of Medical Examinations for long-pending adjustment of status (AOS) applications.
As a result of the new policy, Immigrants with pending I-485 cases which are nearing adjustment of status will be receiving requests from the USCIS to provide updated Medical Examinations.
Question: I got my temporary Green Card through my American wife and we filed the form I-751 last year to get my permanent Green Card. The immigration said we didn’t give enough documents to prove we were a real couple and so we had to go to an appointment with the immigration officer who asked us questions about our married life and I guess I didn’t pay attention to some details so some of our answers did not match. We tried to explain it later, but the officer had already made up her mind. Now we just got a denial in the mail saying my residency and employment authorization is terminated. Ms. Pedersen, we are a real happily married couple and I guess we just didn’t understand how serious marriage documents and how tough the immigration is about details. So now we want to know if it is too late or can we have you represent us and file our appeal and what happens now with my work permission?