POSTING DATE: September 10, 2018
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Questions & Answers
This Week's Immigration News
Question: I am a permanent resident and I filed for my wife in December 2017 and I got a letter saying that I filed, but nothing else til now. How long does it take for me to get answers from immigration and when can she go for her interview at the embassy?
Answer: Right now, the process takes about 1 ½ to 2 years. Since you filed for her in December 2017, she should be eligible to immigrate by the end of 2019. First, you will receive an Approval Notice from the USCIS, then a letter from the National Visa Center notifying you that the case is ready for consular processing and directing you to pay visa fees to begin that phase of the process. As long as you pay the NVC fees and provide the NVC with the Affidavit of Support and all the required financial documentation, from that point, it can take another 2-4 months for her to receive her consular appointment. I hope this was helpful.
Bank of America Accused Of Arbitrarily Freezing
Some Immigrants Bank Accounts
Helpful Immigration Tips You Can Use...
Immigration News & Updates eNewsletter
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Immigration How To:
How Do I Know which doctors I can go to for my immigration medical exam?
Always Respond to USCIS Requests For Evidence BEFORE The Deadline - To Avoid Denials
During processing of Immigration petitions, the USCIS frequently issues request letters which request additional information or documentation in order for the case to be approved.
Each request gives a deadline, usually 87 days to respond. If the response is not received by the deadline, the case will be denied, no matter how minor the document being requested seems. Therefore, always respond as early as possible, and for best results, no later than 2 weeks before the deadline. Be sure to make copies of everything you submit and send your response by U.S. Priority or Express Mail with a tracking number and delivery confirmation. Never, ever send the response using Certified Mail, it is SLOWWWWWWWWWWWWWWWWW!
Finding a USCIS Authorized Doctor For the Required Medical Exam
When an Immigrant applies for U.S. Residency (form I-485) in the U.S., a special immigration medical exam is required. The medical exam cannot be performed by just any local doctor, it must be to be done by a doctor authorized to administer such exams by the USCIS.
The authorized doctor will perform the medical exam and complete form I-693, then give the original examination report to the patient in a sealed envelope. Make sure to ask the doctor for a copy of the exam. It is your legal right to have it.
Click to locate a USCIS authorized doctor
Amid the daily news commentary about the confirmation hearings for Trump’s ultra conservative Supreme Court nominee Judge Brett Kavanaugh, it may seem like more politics as usual, just one more Trump judicial appointment, why should you care?
Many Democratic and progressive leaning Americans will tell you that they oppose the appointment of Kavanaugh because of social issues, including abortion, since he would likely become the deciding vote to overturn Roe v. Wade and would vote in favor of every Trump policy which comes before the highest court in the land.
Why Should You Care If Trump’s Pick As
New Supreme Court Judge Gets Affirmed?
Question: Good day attorney Pedersen, I want to file for my daughter in Jamaica who is 36. She was married, now she just got divorced earlier this year, but she has a 7 year old child. If I file for her, will my grandchild be able to come with her, how long will it take for them to immigrate here?
Answer: The time that it takes for an adult child to immigrate to the U.S. depends upon several factors. First, whether the adult is a child of a U.S. Resident or U.S. Citizen. For adult children of U.S. Citizens, it takes about 7-8 years waiting time for single children and 12+ years or more if married. For adult children of U.S. Residents, only those that are single are eligible, and the waiting time is approximately 7-8 years. There is no immigration category for married children of U.S. Residents. In both categories, minor children under who are still under age 21 can immigrate along with the parent. So to answer your question, as long as your daughter remains single, it will take about 7 or so years and yes, your grandchild will be able to immigrate to the U.S. along with her.
For instance if trump is subpoenaed to testify in the Russia investigation or impeached or criminally indicted, all these issues would be appealed to the Supreme Court and as a result of Kavanaugh’s appointment, Trump may end up winning every time.
Yes, these issues are important to Americans you say, but what does it have to do with immigrants? If I am an immigrant or have family members who are immigrants, why do I really care? Well, you should care, because several of the most critical immigration issues of our time will likely come before the Supreme Court during Trump’s term in office and the results of its rulings will have a lasting impact on U.S. immigration for generations to come!
One of the most controversial immigration issues quietly looming in the next six months involves Trump’s efforts to significantly reduce the ability of legal Residents to Naturalize. A soon to be released Trump administration immigration proposal seeks to block immigrants who have accepted almost any public benefit (even those for their U.S. born children), from becoming U.S. Citizens. The issue is already causing a stir in Washington and legal immigration circles, since it would result in the denial of Naturalization and other immigration benefits to what some have estimated to be one out of every five immigrants. This ill-conceived and perhaps illegal policy would apply to those who received benefits including Earned Income Tax Credit, State or local cash benefit programs, Medicaid, Obama care Government subsidies for health insurance, Children’s Health Insurance Program (CHIP), Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps, Special Supplemental Nutrition Program for Women, Infants and Children (WIC), Federal housing assistance, including rental vouchers, subsidized child care and Low Income Home Energy Assistance Program (LIHEAP).
It is expected that once the measure is formally released, there will be an uproar from Democrats and immigration advocates which will likely result in lawsuits against the Trump administration to block the policy from taking effect. Any outcome of the litigation would likely be decided by the Supreme Court, which could, through the addition of an ultra-conservative Kavanaugh, rule in favor of the policy. This could be very bad news!
Here’s a rundown of several other of the more publicized legal issues emerging in which lawsuits are already pending or are expected to be filed, that may ultimately come before the Supreme Court:
DACA: As the case remains pending in a federal district court in Texas, any final decision will be appealed to the Supreme Court, which could be as early as mid-2019 or 2020. This case affects some million or more young immigrants, including those who are currently in DACA status and those who were not able to apply since Trump cancelled the program.
Immigrant family separations and detentions: The Trump administration is proposing to change existing rules in a way which would allow officials to hold parents and children together in facilities until they are either granted asylum or denied and deported. To carry out its agenda officials plan to pull out of a 1997 federal court agreement known as the Flores settlement, under which the government agreed not to hold immigrant children detention for prolonged period of time. Officials now seek to detain immigrant children indefinitely in what some critics call American-style concentration camps.
Possible legislation to end most Family immigration and termination of the Visa Lottery: The Trump administration has long been pushing to limit immigration, even those for family members (like his own ancestors, which he calls “Chain Migration”). Following the upcoming midterm elections, both the administration and conservative Republicans in Congress are expected to move forward with measures to end the yearly diversity lottery program and restrict or eliminate most family sponsored immigration. The success of ending the programs, however, depends largely on whether the Republicans can hold power in Congress, if so, the measure is likely to succeed and a court challenge would ensue. However, if the Democrats are successful in taking majorities in the House and even the Senate, both immigration programs would remain and there may perhaps even be a chance for comprehensive immigration reform to legalize millions of immigrants in the U.S..
U.S. Citizenship denied to border residents: As widely reported, the Trump administration has significantly increased denial of U.S. passports and stripped U.S. Citizen from individuals born near the southern U.S. border who have been unable to provide documentation (often from sixty years or more earlier) that their mothers were in fact inside the U.S. during the birth. The administration’s actions purportedly stem from its assertions that a mid-wife falsified birth certificates for thousands who were born in Mexico, rather than the U.S.
Changes to standards of proof for Asylum seekers: The Trump administration placed restrictions on the policy standards for the evaluation of asylum claims, making it more difficult to qualify. Recently attorney general Jeff Sessions ordered immigration judges to stop granting asylum due to domestic abuse and gang violence. The result has been a significant decrease in the number of asylum cases granted and increase in deportations.
Termination of Temporary Protected Status (TPS): The Trump administration terminated TPS status among others, for nationals of Haiti, Nicaragua, El Salvador and Honduras which has affected thousands of immigrants who have been living in the U.S. for many years, have U.S. Citizen children, homes, jobs and no life to return to in their home country. With no legal avenues to pursue, they face deportation.
These are just a few of many immigration related legal issues which could be decided by the supreme court in the next few years. So yes, the Kavanaugh’s and all the hundreds of other federal judicial appointments and policies put forth by the Trump administration matter. Let’s keep informed and let Republican senators and representatives know that we do not support the administration’s attack on immigrants and the legal U.S. immigration system and if they support Trump, they may find themselves in the minority in Congress.
Read more about Trump's Plans To Prevent Immigrants from Naturalizing:
Read the Draft Rule
Read more about Family Separations & Detentions
Read more about changes in Asylum policies:
As reported by the Miami Herald and in other media, Bank of America is under fire amid reports they have been freezing the bank accounts of customers who they believe are not in legal immigration status. Nationwide reports are emerging from Bank of America customers whose accounts were either frozen or threatened to be frozen to due to their immigration status. It appears that ill-informed Bank of America employees with little knowledge of immigration or banking regulations are making arbitrary decisions about the status of some bank customers.
Even one U.S. born customer told the Miami Herald that he had received a letter from the Bank of America after having his account there for some thirty years, inquiring about his immigration status and other personal information. When he called the bank and was informed that he needed to complete the form or his account would be frozen, he promptly cancelled his account.
As reported by the Miami Herald and in other media, Bank of America is under fire amid reports they have been freezing the bank accounts of customers who they believe are not in legal immigration status. Nationwide reports are emerging from Bank of America customers whose accounts were either frozen or threatened to be frozen to due to their immigration status. It appears that ill-informed Bank of America employees with little knowledge of immigration or banking regulations are making arbitrary decisions about the status of some bank customers.
Even one U.S. born customer told the Miami Herald that he had received a letter from Bank of America after having his account there for some thirty years, inquiring about his citizeship immigration status and other personal information. When he called the bank and was informed that he needed to complete the form or his account would be frozen, he promptly cancelled his account.
A spokesperson for the federal Office of the Comptroller of the Currency told the Herald that proof of citizenship is not required to open a bank account in the U.S., and the only requirements are for banks to identify and report suspicious transactions and to maintain current customer information. Following inquiries about their heavy handed practices, Bank of America issued a statement that it “may periodically request information, such as country of citizenship and proof of U.S. residency” of customers and a spokesperson told the Herald that no policy changes have been made about collecting banking information about customers, but that recent complaints from customers may be a result of heightened sensitivities over the immigration debate in the U.S..
In response to the bank's practices, at least one group, Credo Action, has started a campaign against its apparently discriminatory policies, asking immigrants and bank customers to sign a petition telling Bank of America to stop targeting immigrants.
Question: My wife is a green card holder and she can apply for her citizenship next year. I am here since way back in 2005 when I came legally to visit, but I stayed and got a job and never went back. We read that nowdays a resident cant file papers for a husband or wife who is not legal. I just want to see if that’s true or not. If we can file my papers can I get a work permit and my social security while we are waiting for her citizenship?
Answer: It’s important to understand that current Immigration regulations do not provide any immigration benefits (no work permit or social security card) for spouses or minor children of U.S. Residents (green card holders) who are inside the U.S. with an expired I-94 card or status. The law is totally different for spouses, minor children and parents of U.S. Citizens, who can obtain U.S. Residency (Green Cards) whether or not they are in legal immigration status, as long as they initially entered the U.S. legally. In your circumstances, you should wait until your wife becomes a naturalized U.S. Citizen, then file your Residency petition to adjust status inside the U.S. and file for your work permit. It could then take up to six months to get your work permit once the case is filed and another 1-2 years to get your Green Card.
Then be sure to check the USCIS website a week or so after sending to make sure the USCIS online status shows that your response was received. If not, get delivery confirmation from the Postal Service.
