Immigration News & Updates
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eNewsletter POSTING DATE: July 17, 2017
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Immigration
Questions & Answers
This Week's Immigration News
Question: I have a question for you about which of my family members should sponsor me. My sister is American Citizen and my mom just got her Green Card. I am not married now, but plan to get married to my fiancée in 2018. Can you please advise me whether mom sister or mom should file for me, and what is the approximate time period difference, thanks.
With all the recent immigration upheavals caused by the Trump Administration’s anti-immigrant policies and draconian immigration enforcement action against many innocent Immigrants, many like myself were at least somewhat heartened that Trump would not cancel the DACA (Deferred Action for Childhood Arrivals) program.
In fact, recently, the Department of Homeland Security Secretary issued a Memo on June 15, 2017 which while cancelling President Obama’s 2014 DACA expansion and new DAPA program for parents of US citizens and Residents, specifically preserved the protections of Obama’s 2012 DACA program, stating that it "will remain in place".
Republican States Pressure Trump
To Terminate DACA Program!
Answer: First, the waiting line for an adult, single children of U.S. Residents is about 7 years or longer (called F2B Family Preference category). However, the waiting line for siblings (brothers & sisters) of U.S. Citizens is even longer about 14 years or more (called F4 Family Preference category). Normally, I would say either or both your mom and sister can sponsor you. However, since your mom is a U.S. Resident and not a Citizen, if she files for you while she is a Resident and you marry your fiancée next year, your immigration case will be automatically cancelled. This is because there is only an immigration category for single children of Residents, not married ones. If you mom was a U.S. Citizen, you could be either single or married and still qualify. With your sister’s sponsorship, since the F4 category for siblings includes spouses and children, there is no problem either way, just a very long waiting line! Generally, it’s important to know that 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 Tips You Can Use
Currently Immigrants in many different categories are eligible to purchase health insurance under Obamacare on the healthcare exchanges. This includes all U.S. citizens, U.S. Residents and those on lawful visas, including: F-1, M-1, H-1B, H-2A, H-2B, U visa, T visa, and other, Asylees, Refugees, Cuban/Haitian Entrants, those Paroled into the U.S., Battered Spouse, Child and Parent victims, Victim of Trafficking, Immigrants granted Withholding of Deportation or Withholding of Removal, those with Temporary Protected Status (TPS), and individuals with Deferred Enforced Departure (DED).
Understanding How To Respond To a USCIS Request for Evidence (RFE)
What is RFE (Request for Evidence)?
Request for Evidence (RFE) is a letter or notice USCIS adjudication officer uses to request additional information for pending applications.
What is RFE (Request for Evidence)?
Immigration How To:
How Do I Calculate The Age of Minor Children Under the Child Status Protection Act?????
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.
If Trump does bend to the pressure and terminates the program, what does that mean for DACA Dreamers? It’s not clear, however, potentially those who currently have DACA status would retain it, but not be permitted to renew. Future applicants would be denied. Those who have applied, but not yet been approved, that is the question.
If Trump does bend to the pressure and terminates the program, what does that mean for DACA Dreamers? It’s not clear, however, potentially those who currently have DACA status would retain it, but not be permitted to renew. Future applicants would be denied. Those who have applied, but not yet been approved, that is the question.
Likely those who have filed applications and received receipts will continue to be eligible, otherwise the USCIS would be required to refund Filing Fees and make ineligibility retroactive. So the million dollar question is, should young immigrants who qualify quickly for DACA file quickly before any potential termination or would it be too risky providing so much personal information to the current anti-immigrant government? It really depends on the individual and whether you see the glass half full or half empty. With some 800,000 DACA applicants already receiving benefits through the program, it might bring some peace of mind to see “safety in numbers”. Mostly, I think it comes down to the level of need for work authorization and a social security number which DACA approval brings. Stay tuned…
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Cynics might believe that perhaps Trump’s advisors had calculated that cancelling the DACA program and deporting upwards of perhaps a million innocent young Immigrants would not play well in the news, so the Trump Administration opted instead to concentrate on deporting everyone else to show his base that he is tough on immigration.
But it appears that even record numbers of deportations (nearly double) over the past six months is not enough for conservative republicans who want to see all immigrants suffer, no matter how innocent. On June 29, 2017, ten Republican controlled states (Texas, Arkansas, Alabama, Idaho, Kansas, Louisiana, Nebraska, South Carolina, Tennessee and West Virginia) issued an ultimatum in a letter to Attorney General Sessions that Trump either cancel the DACA program, or the states would sue the Trump Administration. The states demand that Trump phase out the DACA program by refusing to accept new enrollees or renew current work permits.
Perhaps as a foreshadowing of things to come, in recent appearances on Fox News, Sessions made statements which appear to support the states’ positions, “… I like it that our states and localities are holding our federal government to account, expecting us to do what is our responsibility to the state and locals, and that’s to enforce the law.” So with obvious support by his own Attorney General for cancelling DACA, will Trump buckle under political pressure? Critics might argue that with his continuing political troubles, its inevitable that he terminate the program, because he needs all the Trump supporters he can get, many of which are staunch anti-immigration, after all, that’s one of the major issues he was elected on.
Congressional Health Insurance Bill May Bar Many Immigrants
From Buying Insurance On Exchange
But under a new Republican congressional healthcare proposal, thousands of immigrants may soon become ineligible to obtain health insurance in the marketplaces if the Senate’s health-care bill becomes law. Under this draft Bill called: the Better Care Reconciliation Act, only U.S. Citizens, Residents and individuals who immigrated for humanitarian reasons can participate. As a result, health insurance for those left out of the program may become totally unaffordable. The fate of the Bill is uncertain, but the negative consequence certainly are not.
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Question: My wife just had a baby last months and my mother is visiting us from Venezuela helping out. My wife had some complications and has to be careful about not having too much activity for a few months. My mom has been really great. We were thinking, because of the problems in Venezuela right now, maybe its best for her to stay with us here in Miami. Her visa expires in August. Can you please help us with the process and explain about the timing and whether my mom needs to go back to Venezuela or can she stay her during her immigration process. Thanks.
Answer: That’s great! Parents of U.S Citizens are in a special category called “Immediate Relatives” which allows them to immigrate to the U.S. immediately, meaning they are not required to wait for a visa to be available like many other family categories. There are two options for Parents to obtain U.S. Residency, depending upon whether they have a U.S. Visa. The first option is called U.S. Adjustment of Status: This is for Parents who come to the U.S. on a Tourist or other legal visa and decide to immigrate, we can apply to adjust status to Residency inside the U.S., obtain their Work and Travel Permit within about 90 days and Green Cards within about 6-8 months. The second option, called Consular Processing is for Parents who either don’t have a U.S. visa or who prefer to stay in their home country while processing for an Immigrant Visa. The current processing time is about 8-12 months.
In your case, since your mom is already here, we can adjust her status to a Green Card while she is in the U.S. and there is no need for her to return to Venezuela. If she does need to travel while waiting for her Residency, we can obtain a travel permit for her called “advance parole” which will allow her to travel in approx 60-90 days time.
A Request for Evidence (RFE) is a letter that the USCIS officer sends you to request additional information or documentation on your application. RFE requests are generally most frequently issued for missing information or documentation to establish your eligibility.
Responding to an RFE from the USCIS
Always read the RFE letter very carefully to determine exactly what kind of evidence or document is being requested. Some RFE's are more complex than the others and it is difficult to determine and some are simple and easy to understand. For more complicated RFE letters, you may want to retain an immigration attorney to assist you. Once you have determined what the letter is requesting, be sure to provide the exact document requested. For instance, an officer may request a “long form” of a Birth Certificate. If you respond that you do not have one, your case will likely be denied. The appropriate action to take is to request one from the departmental authority in your country of birth.
How much time do I have to respond to an RFE?
Depending on the type of case, you may have from 30 days to 84 days to respond so that the USCIS receives your response before the expiration date. If you fail to respond or filed after the deadline, your case will likely be denied. To be on the safe side, you should always send your response by Express or Priority Mail and get a delivery confirmation. Never send any communications to the USCIS via Certified Mail, which takes much longer and can risk your response being received late. Finally, remember that your response to the USCIS officers request must be RECEIVED by the USCIS ON or BEFORE the deadline. Responses received even one day late result in complete case denials.
After I respond-what happens next?
Depending upon the case, it could take up to 60 days or more. You can check the online status to see if it is stating that your RFE response has been received, or call the USCIS 800# to ask if the computer show the USCIS received it. For adjustment case (I-485) requests, the officer may wait to receive your response before continuing processing of your Work Authorization application which will cause delays in its issuance. To avoid this, send your response as soon as possible and do not wait until you get near the deadline in the letter.
We can assist you in correctly responding to a USCIS Request For Evidence.
Call us for a free consultation 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:
Example 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. Good to know!
We can assist you in making sure that your eligible children are able to immigration under the CSPA. Call us for a free consultation at: 954-382-5378.
