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Immigration News & Updates eNewsletter
POSTING DATE: SEPTEMBER 5, 2016
Immigration News & Updates eNewsletter © 2011 - 2016
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Questions & Answers
Question: I am getting married to an American citizen next month but my concern is my 19 year old son who is here with me who has over stayed his visitor’s visa by 7 months. I know my husband would not be able to file for him, but can I file for him after I get married.
Answer: Your U.S. Citizen spouse cannot sponsor your son, because under Immigration regulations, the stepparent relationship had to have been established by your marriage, before your son reached age 18. Unfortunately, if he leaves the U.S. now, your son will be legally “barred” from re-entering the U.S. for 3 years, since he overstayed by 180 days or more. If he continues to stay in the U.S. for a year, then later leaves, he is barred for 10 years. Once you become a Resident, you can petition for your son, but under the current immigration laws, he will not be allowed to adjust status in the U.S. due to his overstay. The only way he can get legal status if he stays, is through a real marriage to a U.S. Citizen or through some future immigration reform.
This Week's Immigration News
Driver’s License Update: States Which Provide Licenses To Immigrants - Regardless of Immigration Status
Over the past few years, a growing number of states have passed laws to provide driving privileges to undocumented immigrants, in defiance against federal law (REAL ID) which prohibits the issuance of Driver’s Licenses to anyone who is not in legal immigration status.
According to a recent update from the National Immigration Law Center, as of June 2016, the following states/districts now provide licenses to Immigrants residing in the jurisdiction, regardless of their Immigration status: California, Colorado, Connecticut, Delaware, DC, Hawaii, Illinois, Maryland, New Mexico, Nevada, Puerto Rico, Utah, Vermont and Washington.
New U.S. Citizens – Make Sure You Register To Vote Before the Deadline!
After all the processes and procedures a new Citizen has gone through to meet the qualifications to apply for Naturalization and be Sworn-In as a new U.S. Citizen, the process is not complete until the new Citizen registers to vote! Most states have voter registration deadlines.
In Florida, a Citizen must register to vote at least 29 days before an election. This year’s Presidential election is Tuesday, November 8th, so the deadline to register is Monday, October 11th! In order to register to vote in Florida, you must be a U.S. Citizen at least 18 years of age, residing in Florida and must provide your current, valid Florida driver’s license or identification number or your Social Security Number. It’s worth noting that non-citizens who register to vote, risk being denied U.S. Citizenship.
Driver’s License Registration Requirements By State:
States Which Issue Driver’s Licenses To Immigrants:
After all the processes and procedures a new Citizen has gone through to meet the qualifications to apply for Naturalization and be Sworn-In as a new U.S. Citizen, the process is not complete until the new Citizen registers to vote! Most states have voter registration deadlines. In Florida, a Citizen must register to vote at least 29 days before an election. This year’s Presidential election is Tuesday, November 8th, so the deadline to register is Monday, October 11th! In order to register to vote in Florida, you must be a U.S. Citizen at least 18 years of age, residing in Florida and must provide your current, valid Florida driver’s license or identification number or your Social Security Number.
It’s worth noting that non-citizens who register to vote, risk being denied U.S. Citizenship. Occasionally, an Immigrant is mistakenly put on the voter registration list or mistakenly registers as part of the Driver’s License or other governmental application process. The Immigrant usually finds out that he or she is showing up in the voter registration records when they receive a notice to serve on “Jury Duty”, which is reserved only for Citizens. In such cases, Immigrants should immediately notify the voter registration office to remove them from the rolls and get some written notice confirming the removal. Otherwise, if a U.S. Resident’s name shows up on the voter registration rolls during the naturalization process, not only can Citizenship be denied, but the Resident may also risk losing their residency status as well.
Voter Registration Deadlines by State:
Florida Voter Registration Application:
USCIS Answers General Immigration Inquiries Via Twitter
As part of a new program, USCIS Customer Service Representatives answer very general immigration questions via Twitter. Customer Service reps are not Immigration officers and they can’t answer specific, case related questions, but they can answer general questions during the hour long sessions each month.
To find out more about the service:
Upcoming Naturalization Ceremonies Scheduled In South Florida For September
The USCIS has announced upcoming Naturalization Swearing-in ceremonies for several USCIS Field Offices in South Florida:
Miami Field Office - September 9, 16, 23 and 30
Hialeah Field Office - September 10, 17, and 24
Kendall Field Office - September 16, 23 and 30
Oakland Park Field Office - September 9, 16 and 23
Question:My father is a U.S. Citizen and filed an immigration petition for me in 2011. I am single, age 27. I have been long distance dating my US Citizen fiancé for 2 years now and we are ready to get married. My question is whether I am eligible for you to file a k-1 fiancé petition for my fiancé to sponsor me, even though I have this visa case pending that my father filed for me. If for some reason the K-1 is not approved, does my dad’s petition get cancelled? thank you.
Answer: Yes, we can represent your fiancée in filing the K-1 visa petition to sponsor you and you will still remain eligible under your dad’s I-130 petition as a single, adult child of a U.S. Resident in the F2B Immigration category. Under Immigration regulations, an Immigrant can have multiple Immigration petitions filed for them in several different family categories and they do not conflict with each other. However, once you enter the U.S. and marry your U.S. Citizen Fiancé (as required under the K-1 Immigration regulations), the I-130 petition that your dad filed for you will automatically be cancelled, since there is no Immigration category for a married child of a U.S. Resident.
Helpful Immigration Hints You Can Use
When an Immigrant files for adjustment of status to U.S. Residency (form I-485), he or she will generally file for permission to work using form I-765 (request for an Employment Authorization Document) and if qualified, form I-131 permission to re-enter the U.S. after travel abroad, called Advance Parole. The evidentiary documentation submitted with the I-485 adjustment of status application, including a copy of the applicant’s Biographic page of their foreign passport, is generally enough to prove eligibility for the work or travel permit.
Applying For Initial or Renewal of Your Work Authorization
Document or Travel Permit
However, when an Immigrant does not file Form I-765 (request for an Employment Authorization Document) or Form I-131 Advance Parole along with the initial I-485 application and later wishes to file for such benefits or for renewal of benefits, evidence of eligibility must be submitted along with these later filed applications in order to proved qualification, or the applications will be denied. Applicants should always include a copy of the I-485 adjustment of status receipt issued by the USCIS called the I-797 Notice of Action, copy of the Biographic page of the foreign passport and U.S. visa page for identification, along with the required passport photos. Good luck!
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