Immigration News & Updates
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eNewsletter POSTING DATE: JUNE 27, 2016
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Immigration
Questions & Answers
Question: Attorney, greetings, I am writing to your email asking if you are able to help me apply for permanent residency in the U.S through my dad who is a permanent resident or through my grandmother who is currently a citizen. I have a visa for 10 years to enter and I’ve never overstayed here, I always obey the law. I am 28 year old, single and I don’t have kids. Right now I am in Ft. Lauderdale.
Answer: Yes, we can apply for your immigrant visa through your Resident father, but the waiting line for adult, single sons and daughters of U.S. Residents (Green Card holders) in the F2B Immigration category currently takes about 7 years. So you won’t be allowed to stay and live and work in the U.S. while you are waiting. Your grandmother cannot sponsor you directly. You can look for other options to stay in the U.S. legally, like applying for an F-1 visa for school, but I advise you to apply for it at the U.S. Consulate abroad. Please let me know if you have any questions.
This Week's Immigration News
Supreme Court Issues Disappointing Decision For Millions Of DACA & DAPA Immigrants
Will My Child Get Citizenship Along With Me? Understanding The Child Citizenship Act of 2000
The long awaited Supreme Court decision was announced last week on President Obama’s Executive Actions, disappointing millions of Immigrants and their families by failing to allow the expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) programs to go forward across the nation.
In a split 4 to 4 decision, the Justices deadlocked, with no 9th Justice to break the tie. As a result, the lower court ruling by U.S. district court Judge Hanen in Texas blocking the federal government from implementing the Executive Actions on Immigration - stays in effect.
The decision only affects the 2014 Executive Actions and does not invalidate the President’s 2012 DACA program which remains in effect.
Under the Child Citizenship Act of 2000, U.S. Resident children who are under age 18 automatically obtain U.S. Citizenship when a biological parent Naturalizes. Similarly, children of U.S. Citizens who immigrate to the U.S. from abroad and enter the U.S. before turning age 18, become automatic U.S. Citizens as well. Qualifying children must be under age 18 at the time their parent actually naturalizes (takes the Oath), not the date the parent files for Naturalization.
As a result, parents should carefully plan the date of filing for Naturalization to ensure that they will complete the process before their child(ren) reach age 18. Figuring 5 months to take into account any USCIS processing delays is reasonable, although most naturalization cases are completed within 4 months or so. Importantly, even when children become U.S. Citizens through this process, the USCIS does not automatically issue a Naturalization Certificate.
It’s also important to understand that the millions of Parents and young Immigrants who would have been eligible under the President’s new 2014 programs will not be rounded up and deported as a result of this decision, but will instead simply have to continue waiting for either Congress to act on Immigration, or for a favorable ruling in the case.
Experts believe that if Hillary Clinton is elected to office and appoints a new Justice to the vacant position on the Supreme Court, Obama’s Executive Actions on Immigration case could again be appealed and reheard by the Supreme Court at a later date, with a more favorable result. Stay tuned…
Read more about the Supreme Court decision in United States v. Texas
However, in reality, none is required, since applying for a U.S. Passport is all that is necessary to prove the child’s new U.S. Citizenship status. In such cases, in addition to other information, the U.S. Passport office requires a copy of the parents’ Naturalization Certificate in order to demonstrate the child’s eligibility as a U.S. Citizen to obtain a U.S. Passport.
Question: Hi, I have my 2 year temporary green card I got through marriage to my wife who I am now separated from. I filed an I-90 form to renew the green card before it expired, got my fingerprints taken, but the renewal just got denied. The immigration letter says I have to file another application, can you please explain that to me so I don’t lose any more money on filing fees, thanks.
Answer: Great question! When an immigrant is granted residency through their marriage to a U.S. Citizen spouse, the Green Card is “conditional”, only issued temporarily for two years. Three months before it expires, the couple is required to file a request to remove the conditions on residency (form I-751). The form I-90 is only used to renew “permanent” residency and cannot be used when a Resident needs to remove the condition on their Residency. For conditional Resident immigrants who are no longer living with their U.S. Citizen spouse, an I-751 case can be filed without the Citizen spouse, with the foreign 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. Let us know if you want our assistance in filing the I-751 request for waiver of the “joint” filing in your case.
USCIS Program Offers Free Online Tools
For Naturalization Preparation
The USCIS has online Naturalization tools available for U.S. Residents who are applying for U.S. Citizenship.
These tools include an online Citizenship Resource Center, Civics and Citizenship Toolkit for information on citizenship and naturalization topics, study guides and tests and Literacy resources, to assist Residents in learning or improving written English writing skills.
Visit the USCIS Naturalization Resource Page:
Helpful Immigration Tips You Can Use
Immigration How To:
Understanding Which Family Members You Can Sponsor
Which Family Members Can Be Sponsored
And How Long It Will Take For Them To Immigrate To the U.S. ?
I often get questions from U.S. Citizens and U.S. Residents alike about which family members they are eligible to sponsor, when they are allowed to initiate the process, how many family members can be sponsored at one time and how long it will be before their loved ones can immigrate to the U.S.
U.S. Residents are eligible to sponsor:
1) Spouses and Minor Children called F2A and
2) Adult Single Sons & Daughters (and their minor children) called F2B. U.S. Residents cannot sponsor their Parents, Adult Married Sons & Daughters or their Brothers & Sisters. If a child who has been sponsored by a Resident marries before the parent becomes a U.S. Citizen, the Immigration case is automatically cancelled, even if the child later divorces.
Waiting Times For Family Members in all Countries except Mexico/India & Philippines:
1) Immediate Relatives (Spouses, Minor Children and Parents of U.S. Citizens), there is no waiting line, just USCIS and consular processing time (approx 8-12 months).
2) F1 - Adult Single Sons & Daughters of U.S. Citizens, the waiting line is approx 7-8 years,
3) F3 -Adult Married Sons & Daughters of U.S. Citizens, the waiting line is approx 12-14 years,
4) F4 -Brothers & Sisters of U.S. Citizens , the waiting line is approx 13-15 years,
5) F2A -Spouses and Minor Children of U.S. Residents, the waiting line is approx 1 1/2 years and
6) F2B -Adult Single Sons & Daughters of U.S. Residents, the waiting line is approx 7-8 years.
Here’s how it works:
U.S. Citizens are eligible to sponsor:
1) Spouses, Minor Children and Parents (called "Immediate Relatives")
2) Adult Single Sons & Daughters (and their minor children) F1,
3) Adult Married Sons & Daughters (and their spouses and minor children) called F3 and
4) Brothers & Sisters (and their spouses and minor children) called F4.
