Immigration Questions: (954) 382-5378
  Immigration News & Updates              eNewsletter

  POSTING DATE: SEPTEMBER 15, 2014
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This Week's Immigration News 
By Immigration Attorney Caroly Pedersen

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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: I've been in the U.S for 6 years as a nonimmigrant. What is the procedure if my aunt wants to sponsor me.
Helpful Immigration Hints You Can Use
Physical Therapists – One Of The Few Occupations 
Which Leads Directly To A Green Card 
Unbeknownst to many Immigrants, there are certain occupations which make obtaining a Green Card in the U.S. through an employer…almost a breeze! The occupation which wins the award for being one of the quickest routes to a Green Card is that of a licensed Physical Therapist. Not only do Physical Therapists earn good salaries, (between $60 - $80,000+), but in addition, they can obtain U.S. Residency in as little as six months after application. 

The reason it’s so easy to immigrate to the U.S. as a Physical Therapist is that the demand for Physical Therapy services has grown exponentially over the past years, while the availability of Americans in this occupation has not. As a result, the occupation of Physical Therapy is called a “shortage occupation”. As a shortage occupation, characterized by the Department of Labor as “Schedule A”, Licensed Physical Therapist Immigrants are exempt from a process called “Labor Certification” or (PERM), which greatly reduces both the processing time and complications which often accompany the employment-sponsored immigration process.
But of course, becoming a Licensed Physical Therapist is not so easy in the U.S., since it is a Master’s level degree program which takes more academic study than a regular Bachelor’s Degree. However, foreign Physical Therapy graduates from universities abroad can still obtain a license and later Green Card in the U.S., as long as they possess at least a Bachelor’s Degree in Physical Therapy and five years of full-time experience as a Physical Therapist. The experience can be gained either abroad, in the U.S. or a combination of both. So, for those international students or other immigrants desiring a Green Card in the U.S., wrestling with the decision about which academic field to study – the field of Physical Therapy is your best bet! 
Learn more about becoming or obtaining a Green Card in the U.S. as a Physical Therapist:
USCIS Healthcare worker certification
Foreign Credentialing Commission on Physical Therapy
Licensing Requirements
Answer:  Only certain family members can sponsor relatives to immigrate to the U.S.. U.S. Citizens can sponsor their Spouses, minor Children (under age 21) and Parents (called “Immediate Relatives”) and also their adult single Children (including their minor children under age 21) in the F1 Immigration Category, adult married Children (including spouse and minor children under age 21) in the F3 Immigration Category and Siblings (Brothers & Sisters and their spouse and minor children under age 21) in the F4 Immigration Category. 
U.S. Residents can sponsor their Spouses and minor Children in the F2A Immigration Category and single adult Children (and their minor children under age 21) in the F2B Immigration Category. There is no Immigration Category for a U.S. Resident to sponsor a married adult Child or a Parent.
Similarly, under immigration laws, an Aunt cannot directly sponsor a Niece or Nephew. A Niece or Nephew can only immigrate as a minor child (under age 21) along with a parent who was sponsored directly by the parent’s sibling (the child’s Aunt or Uncle) in the F4 Immigration Category. 

Once a child becomes an adult at age 21 or older, they no longer qualify to immigrate along with their parents in the F4 Immigration Category. They can be sponsored separately in another Immigration Category called F2B by a U.S. Resident Parent as long as they remain single. However, they must go to the back of the Immigrant Visa waiting line and it currently takes about 7-8 years before a visa becomes available so that they can immigrate to the U.S. to join their family members. 
President Obama's Immigration Reform – Are You Ready?
With President Obama's plan to announce his Administrative Immigration Reform program in early November, this is the perfect time to begin making preparations  by gathering vital documentation and information which the USCIS will require in order to prove eligibility under the new program. 

For those who are eligible under the program, which are likely to be Parents of U.S. Citizen and Deferred Action DREAMers, and possibly Spouses of U.S. Citizens, in order to qualify, applicants must provide documentation to the USCIS which includes proof of identity, proof of the date of entry into the U.S., proof of continuous physical presence in the U.S. since their last entry, including up until the day the date required under the new law, and documentation for any arrests or criminal conduct of any kind, including driving without a license.
As with Immigration programs in the past, the most common reason for USCIS denials is always lack of documentation. Often, the most difficult task immigrants face is providing documentation to prove not only their date of entry into the U.S., but additional evidence to prove that they have been residing in the U.S. since that time.  With Deferred Action cases under the Childhood Arrivals Program, proving a child’s date of entry into the U.S. is fairly easy, since school transcripts provide official details with dates of attendance. However, for adults, the task may be more difficult, especially when they have become experts at “keeping a low profile” to avoid immigration detection. 
Therefore, in order to avoid delays and possible disqualification due to lack of evidence, immigrants should begin compiling documentation, now,  which can be used to prove eligibility once the law is passed. For identity and marital status, Birth, Marriage and Divorce Certificates should be located and translated if not in English. Translations do not have to be certified and can be done by anyone who is fluent in both languages.  The best way to prove the date of entry into the U.S. is a Passport & I-94 card. Those who have lost their I-94 cards can order a duplicate now, which takes 3-4 months to receive. For Immigrants who did not enter the U.S. legally, it is vital that they gather documentation from as close to the date of entry as possible, continuing to present, to prove entry and continued physical presence in the U.S..
Those with a criminal background should obtain Certified Police Reports and Court dispositions through  the Clerk of Court’s office for each instance of criminal conduct or through a private document services and in  all instances where an individual has a criminal history or Immigration Deportation or Denial of any kind, consultation with a qualified Immigration attorney is strongly advised. 
Our office is assisting clients to obtain duplicate I-94 cards, criminal and immigration records and to compile the documentation and evidence necessary under the new program. We will provide you with document lists and advice about what is specifically required in your case, based upon your particular  circumstances. 

So don’t wait until the last minute, when it will be much more difficult and stressful to obtain the documents you need to qualify. Begin now and start getting your document and information together in an organized way. Immigration Reform is on its way……

You can find out more about documents and information you will need to 
qualify for Immigration Reform by calling our office at: 954-382-5378.
Locating a USCIS Authorized Doctor 
For the Required Medical Exam
When an Immigrant applies for U.S. Residency (form I-485) a special immigration medical exam is required to be performed by a doctor authorized to administer such exams by the USCIS. 
The 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. 

To locate an authorized doctor, called a designated civil surgeon

Immigration How To: I Was Approved For Residency - But Have Not Received My Card- What Do I Do Now?
Immigrants approved for Residency through adjustment of status in the U.S. receive a “Welcome Notice” shortly after approval, then the actual Green Card a week or so later. However, in some instances, several weeks can go by after receipt of the notice – with no Green Card.
The USCIS now sends Green Cards by Priority Mail. When Immigrants have not received their Green Card after several weeks, they can contact USCIS’s Customer Service Center at 800-375-5283 to request tracking information for their documents. USCIS customer service representatives will provide customers with their USPS tracking number and current USPS delivery status.

​If you have a continuing problem in receiving your Green Card, after calling the 800#, go oinline and make an eRequest:

Make an eRequest
Question: I am a permanent resident and I file for husband in December 2013.How long does it take for him to get answers from uscis ?
Answer:  Right now, the process takes about 1 ½ years. Since you filed for him in Dec 2013, he should be eligible to immigrate by this time next year. However, since you filed the case with the USCIS, you should have received an approval by now. If not, you need to check the USCIS website by putting in the case number on the I-130 Receipt or call the USCIS 800# to get a status on the case. Often, the USCIS will issue a request for more evidence and if the sponsor does not receive it or answer by the deadline, the case can be denied. If you have received the approval, you should be receiving a letter from the National Visa Center shortly just letting you know that the USCIS has transferred the case there for processing. I hope this was helpful.
Question: Good afternoon my mom filed for me I’m 25. She started it 3yrs ago. How much more time do I have to wait? 
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 12-13 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. 
So to answer your question, you’ll need to let me know whether your mother is a Resident or Citizen and whether you are single or married. 

Find out more about waiting times for family visas:

Understanding the Family Immigration Visa Waiting Lines