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  Immigration News & Updates              eNewsletter

  POSTING DATE: SEPTEMBER 14,  2015
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This Week's Immigration News 
By Immigration Attorney Caroly Pedersen

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Immigration News & Updates eNewsletter ©  2011  - 2015 
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: Hello, I was reading your column about the income guidelines for the affidavit of support I-864. My question is, what if your spouse’s and the 2nd sponsor's only source of income is Social security disability and they do not file a tax return. How do that affect the application process and can this be used as income for the purpose of this form. Thank you.
Answer: Unfortunately, Social Security Disability does not qualify as income for the I-864 Affidavit of Support. You will need to find a qualifying joint sponsor who has wage income or social security retirement income which does qualify.
President Obama’s New Immigrant Visa System Policy Allows Thousands of Legal Immigrants to Apply For Residency Early!
USCIS Announces Upcoming Naturalization Swearing-In Ceremonies 
Scheduled For Some South Florida Offices  
This is also true of Employment sponsored Immigrants inside the U.S. in legal status, usually on H-1B work visas, who’s employer has sponsored them for an Immigrant Visa. In some cases, for some countries, there is a waiting line for many years for a visa to become available. Under the new guidelines, some employment sponsored Immigrants from China, India and the Philippines will now be eligible to file for Residency many years earlier. 

Because of the technical issues relating to Immigrant Visa availability and eligibility to file for adjustment of status, Immigrants are well advised to  seek the advice of a qualified Immigration attorney before filing for Residency, in order to avoid losing USCIS filing fees and potentially jeopardizing legal immigration status by filing to adjust status to residency without being eligible to do so.

And most importantly, please don’t get sucked in by scammers in your community who are waiting like hungry wolves to pounce on innocent Immigrants by pretending that this is an amnesty or some similar type immigration program. Don’t pay anyone any fees until you are absolutely certain that you legitimately qualify. Many attorneys like myself offer free consultations and you can learn the truth, before losing thousands of dollars to unscrupulous scammers and Immigration consultants who are just waiting to take your money. 

View the new October 2015 Visa Bulletin with the dual charts:

2015 October Visa Bulletin
Helpful Immigration Tips You Can Use
Immigration How To… 
How Do I Expedite Customs Processing At Miami Airport?
Beginning October 1st, thousands of Immigrants in the U.S., sponsored by family members and employers will be eligible to file for Residency, years earlier than previously allowed. Under Obama’s new Immigration Modernization program announced last year, Immigrants who are inside the U.S., in legal immigration status, will be allowed to file to adjust status to U.S. Residency a year or more prior to their “Priority Date” becoming current, under the Visa Bulletin. 

It’s important to understand that this is not any kind of amnesty program and only applies to legal Immigrants who have been continuously maintaining legal Immigration status in the U.S.. It does not apply to any Immigrant who’s I-94 card has expired, or who has otherwise fallen out of legal Immigration status. 
Beginning October 2015, all future Visa Bulletin’s issued each month by the State Department will have two charts, one chart, called, A "Application Final Action Dates" with the regular Priority Dates, called “cut offs” for Immigrants processing through U.S. Consulates abroad and a new chart, B "Dates for Filing Applications" for Immigrants inside the U.S. for filing adjustment of status Residency applications.

Here’s an example of how this benefits a typical family sponsored Immigrant: Sandra is in the U.S. on an F-1 student visa and attending school. Last year in December of 2014, she married her U.S. Resident husband Sam and he filed a spousal I-130 petition for her the same month on December 15th. Therefore, Sandra’s Priority Date is December 15, 2014. The waiting line for a visa for spouses of U.S. Residents is 1 ½ years in the F2A Family Immigration category Visa Bulletin Chart A. 
Normally, Sandra would have to wait that long in order to file for your Residency in the U.S., which would allow her to then obtain a work and travel permit and finally Green Card. However, under Obama’s new program, F2A spouses and children of U.S. Residents with Priority Dates earlier than March 1st of 2015 are eligible to file for Residency Visa Bulletin Chart B. So, beginning October 1st, Sandra can now file to adjust her status to U.S. Residency and begin the process to obtain her Work and Travel permit in 90 days and then her Green Card once the Visa Bulletin in the F2A category Visa Bulletin Chart A, shows an Immigrant visa is available for the date of December 15, 2014 or later.
Miami Field Office – September 18, and 25  
Hialeah Field Office – September 19, and 26
Oakland Park Field Office – September 18, 25, and 30
Kendall Field Office – September 17, 18, 23, and 25 

Note that some USCIS offices are currently undergoing construction which will result in oath ceremonies being held at a field office or alternate location other than the field office where they were interviewed. 
Question: My brother just got his citizenship last year and applied for me and my wife in 2014. Can you please inform me how long do we need to wait for the application to be processed so we can join my brother and his family in America...waiting for your reply.
Answer: The waiting line for an Immigrant Visa for brothers and sisters of U.S. Citizens is about 12-14 years. Since the case was filed in 2014, you still have many years to wait in order to be able to immigrate to the U.S.. Once the case is approved by the USCIS in a few years, your file will be transferred to the National Visa Center (NVC) to hold until a visa will soon be available, then the NVC will contact your brother and the consular processing will begin. So for now, be patient, understanding that there is a long way to go before your relocation to the U.S.. I hope this was helpful to you.
The USCIS E-Notification Service Notifies You When Your Case Is Received 
The USCIS now provides a convenient service to customers who have filed applications by sending email or text notifications once the center receives and accepts an application for processing. 

To request an email or text notification, go online to the USCIS website and download and complete form G-1145. Complete a separate form for each form you are sending to the USCIS and attach to the front page of each application. Good luck!
A new program recently implemented by the U.S. Customs and Border Protection (CBP) agency at Miami and other major airports, expedites entry and reduces wait times using a new Mobile Option for Customs Declaration, called “Mobile Passport Control (MPC)”.

This new mobile cell phone application allows U.S. Citizens and Canadians to submit their passport information and customs declaration forms via the smartphone and tablet app prior to CBP inspection. Android and iPhone users can download Mobile Passport for free from the Google Play Store and Apple App Store.
New Cell Phone Application Expedites Customs 
Processing At Miami Airport
Visit the CBP Mobile Passport Website:
Mobile Passport