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  Immigration News & Updates              eNewsletter

  POSTING DATE: JULY 7, 2014
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This Week's Immigration News 
By Immigration Attorney Caroly Pedersen

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Following a recent conversation between the President and House Speaker Boehner, during which Boehner reportedly told Obama in no uncertain terms that Immigration Reform was dead for 2014, the President called a press conference at the White House to announce plans for his administration to act on Immigration Reform, to “fix as much of our immigration system as I can on my own, without Congress.” Obama went on to say, "If Congress will not do their job, at least we can do ours”. 

So, with the likelihood for House action on Immigration Reform seemingly off the table for now, the focus shifts to President Obama’s plans and speculation abounds about what likely actions his administration will take. Immigration advocates such as the Center for American progress are urging the President to “Go Big” on reform measures by implementing broad-based policies and programs that include the maximum number of Immigrants.
 Immigration Advocates Tell President Obama 
To “Go Big” on Immigration Reform

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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: We received Permanent Residency through the Visa Lottery in 2008. We first came to the USA as Residents on Jan 2009, (came in and out a few times and left since late 2010). Among the four family members, it was only my son who stayed and settled in the USA, while me, my wife and daughter could not for many reasons, including my mother's illness and eventual death. My question is, if we file the DS-117 and apply for reentry to the USA to keep our Residency, do we have a chance or not?
Answer: ​You might have a chance, but the burden is on you to submit evidence along with your request that shows: 
(1) Proof of your U.S. Residency to show that you had the status of an alien lawfully admitted for permanent residence at the time of departure from the U.S.; 
(2) That you departed from the United States with the intention of returning and you have not abandoned this intention and
(3) That you are returning to the U.S. from a temporary visit abroad and that your protracted stay outside was caused by reasons beyond your control and for which you are not responsible.
Your mother’s illness may help you to prove your case, but you will need to provide extensive documentary evidence of her illness, death and serious family matters after her passing which necessitated your extended “temporary” stay outside the U.S.. The fact that your son stayed in the U.S. and has continued to live here will also help demonstrate that you intended to return and did not abandon your intention. I hope this was helpful to you. 
Helpful Immigration Hints You Can Use
Immigration How To:
How Do I Register My Child For A Social Security Number During The Hospital Birth Registration Process?
Obtaining Green Cards (U.S. Residency) For Your Parents
Immigration regulations allow U.S. citizens to sponsor their parents for “Green Cards”, while Permanent Residents cannot. For parents of U.S. citizens who are inside the U.S., it does not even matter if the parent is in legal status, as long as the parent entered the U.S. legally (has an expired I-94 card) or is eligible under 245(i). 

Parents are in the special immigration category called “Immediate Relatives” (which includes Spouses and Minor children of U.S. Citizens as well), which gives them preference over other family immigration relationships. The only drawback of this category is that it is only for the individual parent and does not include any dependants, such as spouses or minor children. Therefore, if the parent has a spouse who is not considered to be your parent (for immigration purposes**see below), he or she would not be able to immigrate along with the parent. 
You can find out more about becoming a U.S. Resident and preserving your Residency once you get it, by visiting our website at: www.Immigratetoday.com or by calling our office at: 954-382-5378 
This is an important topic for foreign parents who do not have legal immigration status and have a baby born in the U.S. Registering a child born in the hospital for a social security number is part of the process called Enumeration at Birth (EAB). This process is vitally important because it facilitates the issuance of the child’s Social Security Number(SSN) and entry into the State Vital Records showing the child is a U.S. Citizen. The EAB program assigns SSNs to newborns as part of the hospital birth registration process. 

During this process, the hospital representative asks the parent for information to complete the birth certificate, and if they would like the State's vital statistics office to forward information to SSA to assign an SSN. If the parent agrees, the hospital representative checks a block on the form indicating that the parent wants an SSN assigned to the child. The State vital statistics office then provides SSA with an electronic record used to assign an SSN and issue a card. Problems can arise, however, when parents are not asked about the SSN issuance or do not understand and agree to sign for issuance. The result is that the child is not automatically issued a SSN. When this happens, an application for the child’s SSN must then be made with the Social Security Administration (SSA). Under current policy, only foreign national parents and family members with valid immigration status can file an application for a SSN on behalf of the child. 

Even Foreign passports are not acceptable unless they contain current immigration entries, such as an I-94 or a stamp or visa indicating it is temporary evidence of permanent resident status. This creates a problem for parents who do not have a current, unexpired Passport and I-94 or other valid legal status. Therefore, until the policy is changed to allow undocumented parents to apply to the SSA for a SSN for their U.S. children directly, the best approach is to make sure that the application for the SSN is made during the hospital birth registration process and that parents confirm with hospital personnel while still admitted to the hospital that the application was completed with a request for the SSN and notification to the states’ Vital Statistics office. 
This might include expanding the “Deferred Action” program currently implemented for Dreamers, to include all Immigrants in the U.S. who would have been included had the Senate Immigration Reform Bill been approved by the House and enacted into law. This would provide Immigrant with a quasi-legal status and work permits. 

But whatever actions are finally taken by the Whitehouse, they won’t be coming any time soon, as the President made it clear that a final decision on the measures his administration will take will not be decided until the end of Summer. This may be a concession to Speaker Boehner to give him a little more time to work out a Republican compromise, or it may just buy the President some time to access the legal and political ramifications of unilateral presidential action. For now, the Administration’s Immediate focus is on how to stem the tide of thousands of unaccompanied children streaming over the southern border from El Salvador, Honduras and Guatemala. Stay tuned…

Read more news articles about the President’s plans for Immigration Reform:
CNN.com
TheHill.com
TheBlaze.com
Question: I saw your article in the newspaper on "Congress and the Whitehouse Considering giving dreamers a green card" Can you tell me who the "dreamers" are and how to become one? I am interested in serving the military however I am a Canadian working here in the USA under a TN professional work visa.If I can become a dreamer I may be eligible for green card status? Also I may be getting married to a US permanent resident and my understanding is that it takes a very long time for immigration to process this application as I would not be considered a first degree relative. I understand that applications are being processed from May 2012 for this class. Is there a quicker way to expedite the path to US citizenship through "dreamers" or marrying a permanent resident. 
Answer: ​Dreamers are children brought to the U.S. by their parents before age 16 who are here illegally. You would not be able to qualify as a “Dreamer” since you are in the U.S. in legal immigration status and were likely not brought to the U.S. before age 16 and have stayed here ever since. Under current law, you would also not be eligible to join the U.S. Military until you become a U.S. Resident Unfortunately, there is no quicker way to become a U.S. Resident, unless your fiancée becomes a U.S. Citizen. Spouses of U.S. Citizens are in a special immigration category called “Immediate Relatives” which not only allows them to immigrate immediately, but also allows those who entered the U.S. legally, but later failed to maintain legal immigration status, to still obtain a Green Card in the U.S., an option that is not available to spouses of U.S. Residents. . It currently takes between 2 to 2 ½ years for a visa to be available to you as the spouse of a U.S. Resident and in order to qualify, you MUST continue to maintain legal immigration status by continuing to work for your U.S. employer on the TN Visa. If you drop out of status, you would no longer be eligible to obtain a Green Card in the U.S..
The same is true of any minor children a parent (your brother or sister). This is a harsh rule which often causes difficult choices for parents of U.S. citizens. One option for parents abroad who have minor children (or a spouse) is for them to obtain F-1 student visas for their minor children (or spouse) before immigrating to the U.S. In that way, both the parent and his or her child (and/or spouse) can be in the U.S. together. Once the parent obtains a Green Card, the parent can then sponsor his or her children and if applicable, a spouse. **Step-parents are considered to qualify as “parents” for immigration purposes, as long as the step-parent relationship was established before the child reached the age of 18.