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  Immigration News & Updates              eNewsletter

  POSTING DATE: JUNE 2, 2014
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This Week's Immigration News 
By Immigration Attorney Caroly Pedersen

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Frustrated at the continuing delays in moving forward on Immigration Reform in the House, both President Obama and Senate Majority Leader Reid have issued an ultimatum to House Speaker John Boehner – pass Immigration Reform in the House of Representatives by the end of Summer or the Whitehouse will take Executive Action.

To that end, the President has agreed to delay reviewing and implementing unilateral immigration reform policies until August, when Congress takes its recess. At that point, the Administration may begin steps to review and implement programs which grant Green Cards to Dreamers who enlist in the Military, as well as to expand “Deferred Action” to a wider-range of immigrants in order to provide for family unity.  
Obama Issues Ultimatum To House – Pass Immigration Reform By August Or Face Executive Action
This period of time is said to give House Speaker a window of opportunity to get his Republican members in line with supporting and passing a permanent Immigration Reform Bill. The White House released a statement in support of possible Executive Action on Immigration Reform saying that Obama's priority is "to enact a permanent solution for people currently living in the shadows and that can only come with immigration reform ... He believes there’s a window for the House to get immigration reform done this summer."

But for now, the wait is on to see if the strategy works and what the Republican Leadership in the House will do. Stay tuned…

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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
Immigration
Questions & Answers
Question: Dear Attorney, I have one older Brother who is American Citizen and my Father who is American permanent Resident. They want to apply for immigration on my behalf. I am single,27 years old. Please guide me as to who should apply for me, either my Father or my brother? And long it will take for me to immigrate. Thank you
Answer: ​The waiting line for adult, single children of U.S. Residents is about 7-8 years or longer (called F1 Family Preference category). However, the waiting line for siblings (brothers & sisters) of U.S. Citizens is even longer – 14 – 15 years (called F4 Family Preference category). Please note that in the F1 category, if you get married before your father becomes a U.S. Citizen, your Immigrant Visa case will be cancelled. This is not the case with your brother’s sponsorship, since the F4 category for siblings includes spouses and children. In your case, you could have both your U.S. Resident father and U.S. Citizen brother file family petitions for you. There is no limit on the number of immigrant visa petitions that can be filed for an immigrant in different family categories. I hope this is helpful.  
Helpful Immigration Hints You Can Use
Immigration How To:
How Do I Pay USCIS Filing Fees???
Studying For Your Naturalization Test
To help Residents study for their Naturalization test, the USCIS has developed a comprehensive educational resource Website with online study materials and sample tests:

USCIS Naturalization Webpage

For applicants that don’t pass the test the first time, don’t worry, you will be given two opportunities to take the English and Civics tests and answer questions relating to your naturalization application in English. So, if you fail any of the tests at your initial interview, you will be given an opportunity to be retested on the portion of the test that you failed (English or Civics) between 60 and 90 days from the date of your initial interview. 
You can find out more about sponsoring Family Member for  U.S. Residency by calling our office at: 954-382-5378 and by visiting our website at: www.Immigratetoday.com

Family immigration applications filed with the USCIS are best sent with Money Orders purchased at your local bank, rather than at a convenience store. Although the USCIS accepts all types of money orders and personal checks, there are ways to be proactive when filing such important applications to avoid any problem issues. With personal checks, if a calculation mistake is made in an individuals personal bank account (happens to all of us!) and the check does not clear, the USCIS could suspend processing of the application until a Money Order is received along with an additional $30 fee. When that happens the USCIS can suspend case processing until the filing and return check penalty fees are paid.

However, if you do decide to use your personal check, be sure checks are properly completed including signature, correct date, type of form applied for in the memo section and that they are made payable to “US Department of Homeland Security”.

  
It is always safer to use Money Orders, since money orders are like cash and there is certainty that whenever the USCIS deposits the money order, the funds will be available. And remember to keep a copy of each Money Order sent with your forms. Then, if for any reason you do not receive a USCIS receipt for one of the forms you filed within 30 days, be sure to go to the bank where you purchased the Money Order and get a copy of the “Cancelled” Money Order which will have your Case number typed in on the back, starting with MSC. This is in contrast to money orders purchased at convenience and other type stores, where it can take much longer to receive a copy in order to determine your USCIS case number. Good luck!

Question: I am a teacher and I work with Special Education students who are between the age of 16-22. I have parents that ask questions about the Dream Act and I want to know how to help them or where to send them.
Answer: ​Unfortunately, the Dream Act has not passed yet. However, in order to work around that, President Obama established a program for Dreamers called “Deferred Action” under the Childhood Arrivals Program which allows certain Dreamers to apply for a quasilegal status and be issued a work permit. The process takes about 4-6 months.  I’ve attached some information for you about it. We are hoping that the House of Representatives will soon pass a version of the Dream Act.
The USCIS has released scheduled dates for upcoming Naturalization Oath ceremonies being held at several USCIS field offices in South Florida:

Miami Field Office – June 5, 6, 13, 20, and 27
Hialeah Field Office – June 13 and 20
Oakland Park Field Office – June 20 and 27
Kendall Field Office - June 13 and 20
USCIS Announces Upcoming Naturalization Ceremonies In South Florida
Question: Hello. Thanks for the great service you are rendering. May God bless you abundantly. Please, I have some questions about Immigration. I'm presently in the US with a student visa that expires in Dec 2014. I was in school for a semester but could not continue because I injured my leg and could not attend classes. I met a lady online and we started dating and were so much in love that we got married after 2 months of knowing each other. Now its over 5 months that we are married and we are yet to file for adjustment of status for me. 
My question now is if we decide to wait till our marriage is 2 years old before we file for green card, will I be deported since my visa expires in less than 8 months? I was thinking of applying for Employment Authorization alone for now and wait till our marriage is 2 years old before filing for Green card. This is my question. Thanks.

Answer: ​Nice to hear you have a happy ending. Unless you file for adjustment of status to Residency, you are not entitled to a work permit. As the spouse of a U.S. Citizen, it does not matter when your visa expires, you can be out of status and still obtain your Green Card since you entered the U.S. legally. There is no benefit of waiting to file for your Residency. You should file as soon as possible so you can obtain your Work permit. Let us know if you need our assistance in obtaining your work permit and Green Card.