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  Immigration News & Updates              eNewsletter

  POSTING DATE: OCTOBER 27, 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:  My husband is a resident. Me and my kids are here on b2 tourist visas. He will put in the papers in for us, should we leave the U.S. or stay?
Helpful Immigration Hints You Can Use
Obama Administration Stocks Up on Immigration Supplies in Anticipation of Coming Reforms
The Washington Post and other news organizations are reporting that Department of Homeland Security Officials have begun contracting to purchase a large volume of immigration related supplies in preparation for President Obama’s coming announcement of his new Immigration Reform programs. 

The Associated Press reports that the USCIS has confirmed that it is in the process of contracting to purchase large quantities of the material used to produce Work Permits and Green Cards. The published contract anticipates the need for at least 5 million cards a year, with as many as 9 million “during the initial period ... to support possible future immigration reform initiative requirements.” The contract calls for as many 34 million cards over five years.
Answer:The visa waiting line for spouses and minor children of U.S. Residents is about 1 1/2 years. Under Immigration Regulations, you are not legally permitted to remain in the U.S. waiting for an available visa unless you change from your B Tourist visa to another visa, like an F-1 student visa. However, you should do so before the spousal petition is filed on your behalf. Once the spousal petition is filed, you may be denied a student visa based upon your intent to immigrate. If you remain inside the U.S. beyond your authorized stay, you may no longer be eligible to immigrate to the U.S. until your husband becomes a U.S. Citizen. 
Immigration How To:
How Do I Find a Doctor Authorized by the USCIS For the Medical Exam 
You can get assistance in filing for U.S. Residency through marriage to a U.S. Resident by visiting our website at: www.Immigratetoday.com or by calling our office at: 954-382-5378.
Read State Department’s Visa Bulletin - Just Released For November 2014
Currently the USCIS produces an estimated 3 million Work Permits and Green Cards annually, , which indicates that the Administration is anticipating a sharp rise in production during the early phases of the soon to be announced Immigration Reform programs. And while the President has declined to provide the details of the reforms, most experts believe that the existing “Deferred Action” status provided to DREAMERS under the Childhood Arrivals program will be expended to include their qualifying Parents in the U.S., as well as to Parents of U.S. Citizens. Stay tuned…
Haitian Family Reunification Parole Program Announced
The Department of Homeland Security (DHS) recently announced that it will begin implementation of a special program for family members of Haitian Immigrants. The Haitian Family Reunification Parole (HFRP) Program will expedite family reunification for qualifying Haitian family members of U.S. citizens and U.S. Residents.

Under the new program to be implemented in early 2015, eligible Haitian family members in Haiti who are beneficiaries of approved family-based immigrant visa petitions, will be allowed to come to the U.S. for up to approximately two years before a visa will become available to them (their Priority Date on the I-130 Approval Notice). 
This likely means that Parents, Spouses and Minor children of U.S. Citizens and U.S. Residents will be eligible to come to the U.S. immediately once the program commencement dates are announced. Other relatives including adult children and siblings will need to wait longer, depending upon when the I-130 petition was filed by their sponsoring relative. 

​In early 2015, the Department of State National Visa Center (NVC) will begin contacting eligible U.S. Citizens and U.S. Residents with approved I-130 petitions for Haitian family members, to begin the application process for their Haitian relatives. Once inside the U.S. under the program, Haitian family members will be issued Work Permits while they wait for their U.S. Residency to be approved.
Readers should be forewarned, that as with any new immigration program, scam artists are already hard at work devising creative schemes to cheat Immigrants and take their money by pretending to be official USCIS or National Visa Center officials offering program benefits in exchange for payment. 

The best advice is to be cautious, the USCIS and National Visa Center never call sponsors regarding eligibility, rather they issue official notifications by mail. If you receive any written communications, just to be safe, do an INFOPASS Appointment and take the letter it to the nearest USCIS office or to an Immigration attorney to confirm its authenticity – before paying any fees. Better to be safe, rather than sorry!
Question:  I’m a Venezuelan here in Miami conducting some business. The situation in my country has got so bad that its too unsafe for us to go outside after dark and the quality of our life is suffering more day by day. I have my wife and my three kids, the oldest is 19 and it’s a hard decision but we know we have to leave Venezuela and immigrate to the USA sooner rather than later. Over the past 5 years we have sold most of our properties and businesses and have significant funds available to do an investor visa for $500,000USD. I have my appt with you next week but I have a few questions first. How long does the investor visa take, does the investment amount cover my family and will my 19 year old son be included or is the restriction only to age 18. Thank you.
Answer: It is unfortunate that economic conditions in Venezuela have deteriorated to such a low point and that so many Venezuelans are having to leave the country and invest in the U.S. just to be safe. It is also the case that there are not too many immigrant visa options for Venezuelans who want to invest, since they do not qualify for the E-2 Investor visa unless they also hold an EEU passport or another nationality which allows them to take advantage of the Treaty Investor visa. However, even the E-2 does not provide a total solution, because it does not lead to a Green Card.

The great news is that you have the capital available to be able to take advantage of the EB-5 Investor Visa to get Green Cards for you and your family in the U.S.. Under the program, once you make the entire investment of funds and the I-526 Immigrant Petition by Alien Entrepreneur is filed on your behalf, current processing time is approximately 13 months for approval. 
Once the petition is approved, if you are inside the U.S. on a tourist or any other legal visa, you can adjust status to a Green Card here in the U.S. without having to return to Venezuela. You also have the option of processing for Residency through the U.S. Consulate in Caracas. Both processes take about 6 months or so. The EB-5 visa investment covers your entire immediate family members, i.e. spouse and all children under age 21. So your son remains eligible to immigrate along with your family since he is still under age 21. See you next week.
We can help make your Immigration Dreams Come True through an EB-5 Green Card Investment. To find out more, visit our website at: www.Immigratetoday.com or  call our office at: 954-382-5378.

The Visa Bulletin released by the State Department each month details the current waiting times for Immigrant Visas in Family and Employment Immigrant Petition cases. You can view the current Visa Bulletin for November 2014 by clicking on the link below:

November 2014 Visa Bulletin
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”