Immigration Questions: (954) 382-5378
  Immigration News & Updates              eNewsletter

  POSTING DATE: JUNE 20,  2016
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Immigration News & Updates eNewsletter ©  2011  - 2016 
For questions about U.S. Residency, Green Cards and Immigration Visas, Visit our Website at: or  call our office at: (954) 382-5378
Questions & Answers
Question: I am a Resident and sponsored my single 27 year old daughter once I got my Green Card last year. She has a tourist visa and is visiting me here in Lauderhill Lakes from Trinidad. My question is this, my daughter was originally included on the immigration case my elder brother filed for me and my husband back some 15 years ago, but at the time my husband and I immigrated to the U.S. several years ago, my daughter was too old to accompany us under American immigration rules. Is it possible that we can use the same old filing date from my brother’s immigration petition for my daughter so she does not have to wait so many years to immigrate to the U.S.?
Answer: Your brother filed for you under the F4 Immigration category for Siblings of U.S. Citizens, their spouse and minor children under age 21. Unfortunately, the Supreme Court has ruled that children who “age-out” (meaning turned age 21 or older) in the F3 and F4 family categories cannot retain the earlier “Priority Date” of the I-130 petition that was filed for their parents by U.S. Citizen family members. As a result, your daughter will have to use the priority date from the I-130 petition you filed for her last year in the F2B Immigration category for adult, single children of U.S. Residents. The waiting line is about seven years, so she has another six years or so to wait. However since she has a U.S. tourist visa, she can continue to visit you during that time. I hope this was helpful to you.

This Week's Immigration News 
By Immigration Attorney Caroly Pedersen
Before filing your Immigration application, use the following tips to ensure proper filing.

Always 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, the correct filing fees or to send to the proper mailing address. 
Get E-Notification Text or Email From The USCIS  
Tips To Remember Before Filing Your Immigration Application 
Immigrants and Sponsors filing Immigration applications with the USCIS can receive a text message or email e-notification confirming that the application was received and accepted for processing by the USCIS along with the case receipt number(s). The receipt number allows individuals to track the status of their case online. E-notifications are issued within 24 hours after the USCIS receives the application. 

To request e-notification, download and complete form G-1145 and mail along with the USCIS application submission. 
You can request e-Notification by downloading the Form G-1145:
Form G-1145

Avoid using forms provided to you by friends and family, since they might not be the current version and never pay for an immigration form, since all forms are FREE on the USCIS website! Similarly, before filing your application, 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. 

Make Copies: Be sure to make a copy of your entire application, including all supporting documents before sending to the USCIS and keep it for your records.

Send USCIS Applications and Correspondence by U.S. Express Mail for easy tracking and delivery confirmation: Immigration applications and any follow-up correspondence with the USCIS are such important matters, that you should take the additional step of sending these documents to the USCIS by a safe, quick method, which allows you to verify the date and time of delivery to the USCIS. This is especially critical when you have received a Request For Additional Evidence from the USCIS and must provide the requested documentation by a specified deadline. Many applicants do not know that if their response sent to the USCIS is postmarked before the deadline date, but is actually delivered and received by the USCIS after that date, the case is likely to be denied. Not only is this a tragedy for the beneficiary of the immigration application, but in such instances, all the USCIS filing fees are lost, which in some cases can be thousands of dollars. Certified Mail is not delivered quickly and as a result, your application or correspondence with the USCIS will be delayed. The safest way to send applications/documents is to use the U.S. Express Mail service. The cost is about $16.00 and well worth it. You will receive a tracking# so you can go online and confirm delivery. Be sure to send any responses requested by the USCIS at least one week or more before the deadline and as with your initial application, make a copy of everything you send to the USCIS in all follow-up communications. Finally, unless specifically requested, never, ever send originals! Good luck!

Affidavits of Support Are Not Required For Certain Minor Children of U.S. Citizens
Did you know that the children of a U.S. Citizen parent who are under age 18 at the time of immigrating, are not required to have an Affidavit of Support filed on their behalf? Its true. Eligible children under age 18 who become U.S. Residents (Green Card holders) and by operation of law, automatically become U.S. Citizens, are not required to have an Affidavit of Support filed on their behalf. 

This is true for children immigrating from abroad through a U.S. Consulate, as well as children adjusting status to U.S. Residency inside the U.S. through a U.S. Citizen biological parent. 
In these cases, the U.S. Citizen parent must file form I-864W, Intending Immigrant's Affidavit of Support Exemption, instead of form I-864 Affidavit of Support. 

Click Here to view the I-864W Intending Immigrant's Affidavit of Support Exemption

Find out more about Affidavits of Support and exemptions by calling our office at: (954) 382-5378
Applications filed with the USCIS generally require that supporting documentation be submitted in order to prove eligibility. Such documents include Birth Certificates, Marriage Certificates, Divorce Decrees, Criminal documents, etc.

 The USCIS requires that all official documents be a copy of either the original, or of the certified copy of the original. 
Immigration How To:
How Do I Know When To Send Original Documents To The USCIS?
Never Send Original Supporting Documents
Applications filed with the USCIS generally require that supporting documentation be submitted in order to prove eligibility. Such documents include Birth Certificates, Marriage Certificates, Divorce Decrees, Criminal documents, etc. The USCIS requires that all official documents be a copy of either the original, or of the certified copy of the original. 

Never send original documentation to the USCIS unless specifically requested. Original or certified documents are generally only required to be provided to the USCIS officer during an interview. Therefore, if you send original document to the USCIS Service Center, you will no longer have the original document to bring with you as required to the interview at your local Field office. 

Finally, always make a copy of everything that you send to the USCIS for your records, otherwise, you have no proof of what you sent. Good luck!
Helpful Immigration Tips You Can Use...
Understanding The USCIS Policy Which Provides Status and Work Authorization 
For Undocumented Family Members of U.S. Military Personnel
The Department of Homeland Security has a program which provides legal status, Work Permits and in some cases, Green Cards for many undocumented family members (including: spouses, children (under age 21), and parents) of U.S. Citizen members of the U.S. Armed Forces. 
You can find out more about obtaining status through the PIP program by calling our office at: (954) 382-5378
Similar to the Obama Administration’s “Deferred Action” for DREAMERS, this  program allows “Immediate Relatives” of Thousands of U.S. Armed Forces personnel to live and work in the U.S. legally without fear of deportation. This change in policy in 2013 is seen as a humanitarian relief for Service Members, to reduce their stress and anxiety about the immigration status of their family members.The program is officially called “parole in place” (PIP) and designed to provide a temporary work permit and status for renewable one year periods. 

Most importantly, recipients of the PIP program do not risk deportation due to their unlawful status. Many Immediate Relatives who qualify for “Parole” under this PIP program will also qualify to obtain a Green Card through Adjustment of Status. 
Qualifying Family members (who have not been convicted of a crime) are those who entered the U.S. without inspection and are the Immediate Relative of a U.S. citizen who is an active duty member of the U.S. Armed Forces, Selected Reserve of the Ready Reserve, or who previously served in the U.S. Armed Forces or the Selected Reserve of the Ready Reserve.