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  Immigration News & Updates              eNewsletter

  POSTING DATE: SEPTEMBER 8, 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 have been sponsored for a green card in 2013 under the sibling category. I need to know any possible way to cut down this length time or to stay in United States legally while waiting for the immigration time.
Answer:  Spouses and minor children of U.S. Residents who are inside the U.S. must be in legal immigration status in order to obtain a Green Card in the U.S. (with few exceptions). If a Spouse or minor child of a Green Card holder is not in legal status with an un-expired I-94 card, then he or she cannot obtain Residency. The only solution under current law is to wait until the U.S. Resident spouse Naturalizes and obtains U.S. Citizenship. This is in stark contrast to the immigration rules governing Spouses, minor children and Parents of U.S. Citizens - who are allowed to adjust status inside the U.S. to obtain a Green Card, even when they are not in legal immigration status, as long as they entered the U.S. legally.

So for now, your wife will need to wait until either you become a U.S. Citizen, the law changes or President Obama implements a program for Spouses and minor children of U.S. Residents which will allow them to obtain status earlier.
Helpful Immigration Hints You Can Use
You can find out more about  sponsoring your Family Members by visiting our website at: www.Immigratetoday.com or by calling our office at: 954-382-5378 
President Obama Announces Delay In Immigration Reform 
Until After the November Elections
Under increasing pressure from Democratic policy advisors, President Obama has announced that he will  postpone announcing his Administrative Immigration Reform programs until after the mid-term elections this November. 

The reasoning behind the delay is to avoid jeopardizing Democratic Senators who are fighting to keep their Senate seats against Republican and Tea Party challengers in states which traditionally do not support Immigrants’ rights. Democratic Senate seats in Arkansas, Louisiana, Alaska and North Carolina are all vulnerable to loss, should the President’s Immigration Reform policies cause a “backlash” by conservative voters against these Democrats. The loss of those seats in the Senate would put control of both the House and the Senate in Republican hands, causing more of a gridlock in Washington - essentially bringing legislation to a standstill. 
Immigrant rights groups are outraged, but they may be missing the bigger picture by trying to force the President to sacrifice the entire Senate - in return for getting Immigration Reform only two months earlier. As part of his delay, President Obama assured Immigration advocates that it’s not a matter of “if” he will implement Immigration Reform this year, only of  exactly “when” it will be announced. Stay tuned….
Read more about the President's possible delay in announcing  Administrative Immigration Reform:

New York Times
Fox News
NBC News
CNN News
Washington Post
Updating Immigration Status In Social Security Administration Records           
Immigrants often receive a Social Security Card for many reasons, for instance while working on OPT after college graduation, while working on a work visa such as an H-1B, etc. However, those types of Social Security cards require USCIS authorization in order to work. Therefore, once an immigrant becomes a U.S. Resident, Social Security Administration Records need to be updated so that the Social Security records and card allow unrestricted employment, without the need for USCIS authorization. 

Similarly, once a U.S. Resident Naturalizes and becomes a U.S. Citizen, Social Security records need to be updated to reflect the new Citizenship in order to later be eligible for certain Social Security benefits.
To change your records, go to your nearest Social Security card and take your current Social Security card, Naturalization Certificate, U.S. Residency card, Driver’s License (if applicable) or valid Passport. The Officer will change your records in the system to reflect your new status and order a new Social Security card which does not have any restrictions. Learn more about how to update your records: Tips from the Social Security Administration
Question: I read that you said that beginning September 1st the waiting time for spouses and minor children of us residents for those in the US to adjust status to us residency is shorter. My wife has overstayed her time - so does this law apply to her? We have been married for almost 3yrs now, The petition that I filed on her behalf has been approved for 1 year now. Just need to know if this applies to her.
Answer:  Unfortunately, there is no way to expedite the immigration process for siblings of U.S. Citizens (F4 immigration category). It will likely take 12-14 years for an Immigrant Visa to be available in that category. The law does not allow siblings to stay inside the U.S. while waiting to immigrate, unless they are in the U.S. in another legal visa category like an F-1 student visa or some other work visa. Learn more about Family Immigrant Visa waiting lines:
Understanding Family Immigrant Visa Waiting Lines
Answer:  Unfortunately, since you have shown that you want to immigrate to the U.S., first by the Fiancée visa and later by filing the I-360 application, it is going to be highly unlikely that the U.S. Consulate will issue you any kind of non-immigrant visa, including a tourist visa (B1/B2). Sorry, but I have to be honest with you so you don’t waste your time. Good luck to you.
Question: I was in the US before on a fiancé visa, and the marriage didn’t work out and I failed to get a green card, so my attorney filed a I-360 battered spouse case for me and it got denied. I’m outside America now and my travel document expired, is there any way I can get any visa to the states ?
Take the Naturalization Self Test
Immigration How To:
How Do I Sign Up For USCIS Email Case Status Updates? 
If you have an Immigration case pending with the USCIS, you can now sign up on the USCIS website  for Email .Updates

Email updates allows you to get automatice updates whenever any action is taken on your case. CLICK HERE to sign up for USCIS Email updates.