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  Immigration News & Updates              eNewsletter

  POSTING DATE: DECEMBER 22, 2014
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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
President Obama Doubts That His Executive Actions 
Will Be Reversed By Future Administration
U.S. News.com reports that President Obama continues to urge “undocumented” Immigrants to apply for the new Executive Action Immigration programs once the application period begins next year, in order to register and receive work permits. The new DAPA program for Parents of U.S. Citizens and U.S. Residents is anticipated to begin in May 2015, while the expanded DACA program for Dreamers could start as early as late January 2015. 
You can find out more about sponsoring a Parent or other Family Member for U.S. Residency by visiting our website at: www.Immigratetoday.com or by calling our office at: 954-382-5378.
Helpful Immigration Tips You Can Use
Problems Reported With the USICS Case Status Update Emails
The USCIS case status system which allows Immigrants and Petitioners to register in order to receive email status updates on pending cases has been experiencing a “glitch” lately. The system has been mistakenly sending outdated or incorrect USCIS case status e-mails to customers. 

The USCIS says it is working to fix the system error and advises customers to disregard any outdated or duplicate email case status received during the past several weeks and into the near future until the problem is resolved.
Keenly aware that some Immigrants may delay applying for the new programs, in fear that a future President or Congress will reverse the policy and deport them, Obama recently assured Immigrants during a Telemundo interview "You're not going to see Democrats or Republicans who suggest that we're going to treat worse the people who did the right thing compared to those folks who don't register, don't go through a criminal background check and haven't been paying their taxes….The American people believe that if you've done things the right way, then you shouldn't be punished for it....You can register, and you can be assured you won't be deported." 

The President reportedly later made similar statements during a speech in Tennessee last week: "It's true, theoretically, a future administration could do something that I think would be very damaging." But he added: "It's not likely politically that they reverse everything we've done.".

Read more about the Presidents comments:
USNews.com
Immigration
Questions & Answers
Question:  Are the parents of the Dreamers eligible for DAPA? Also, if the person has a visa number pending but over stayed their time in the U.S. are they eligible to receive their green card here or can they go to their country to get their green card?
Answer: Unfortunately, the new Executive Actions don’t include the Parents of Dreamers. We had hoped it would, but in the end, the Administration decided the issue was too explosive. 

In answer to your second question, Immigrants who are inside the U.S., who are not a Spouse, Minor Child or Parent of a U.S. Citizen, are not eligible to receive a Green Card in the U.S. once the I-94 stay has expired. Also, it’s important to know that if an Immigrant who has overstayed their time here then leaves the U.S., even to attend an Immigrant Visa interview at a U.S. Consulate abroad, they may find themselves “barred” from re-entering the U.S. for up to 10 years. That is why in such cases, it is very important to get advice from an Immigration attorney BEFORE leaving the U.S., since once you are outside, it’s too late.
Question:  I just got naturalized as a U.S. Citizen last month. My mom and dad are here in Miami visiting me for the holidays and we have been talking about them staying and getting their Green Cards. My question is about whether my parents can get their Green Card here in Miami, or do they have to go back home and immigrate through the Embassy. If they can stay and get their Green Cards here, can you please tell me what happens if their I-94 status expires while they are waiting for the Green Card and how long will it take for them to get a work permit and social security number? Thanks.
Answer: U.S. Citizens can sponsor their Parents to immigrate to the U.S., either through the U.S. Consulate if they are abroad, or by adjustment of status to U.S. Residency if they are in the U.S. and entered legally. Parents in the U.S. who entered legally can file for Residency and wait to receive their Green Card here - since there is no need to travel back to the home country. Parents of U.S. Citizens are in a special immigration category called “Immediate Relatives” which allows them to obtain a Green Card in the U.S. - even if their I-94 cards are expired. 

Therefore, if your parents decide to stay and adjust status to U.S. Permanent Residency (a Green Card) here, it will not be a problem if their I-94 period of stay expires, even before applying. Currently, after applying for Residency, it takes about 3 months to receive a work permit and several more weeks to be issued a Social Security card. If filed properly, the entire Residency process for Parents of U.S. Citizens is about 4-6 months from start to finish to receive a Green Card. 
Immigration How To:
How Do I Know If I Need To File An Affidavit of Support?
Question: Good day. My mother filed for me in 2011 and I’m 25 and single. So I’m wondering how long I need to wait to immigrate and if I can do anything to make the time shorter? 
Answer: The waiting time for adult single sons and daughters of U.S. Citizens and Residents is about 7 to 8 years. Since your case was filed in 2011, you likely would not be eligible to immigrate to the U.S. until about 2018 or later. No, there is nothing that can be done to move your case faster. You are simply in a line, waiting for a visa because there are 8 years worth of other adult single children of U.S. Citizens waiting in the line ahead of you. 

You can learn more about Family Visa Waiting lines by clicking on the link below:

Understanding Family Immigration Waiting Lines
New Website Allows Immigrant Workers To Self-check Employment Eligibility Status
 The USCIS has announced the creation of a new website which gives Immigrant and other workers the ability to safely check their own employment authorization status in the government system. 
Visit the new My E-Verify site to check your status:
The USCIS has announced the creation of a new website which gives Immigrant and other workers the ability to safely check their own employment authorization status in the government system. 

Called “My E-Verify”, the website gives individuals free access to self-check employment eligibility and to see information about themselves that an employer might see about them in the government E-Verify system, as well as to assist workers to combat fraud and protect against identity theft.
Affidavits of Support – What are they and who needs them?
The Affidavits of Support must always be filed by the U.S. citizen or Resident for their immigrating family member(s), even if they do not meet the minimum financial guidelines. In such cases, a Joint-Sponsor who does meet the financial requirements can provide an additional Affidavits of Support and will be bound by the same obligations. Joint-Sponsors must be either a Resident or U.S. Citizen, but are not required to be a family member. The sponsor’s obligation lasts until the immigrant either becomes a U.S. citizen, has earned 40 work quarters credited toward Social Security (about ten years of work), dies, or permanently leaves the United States. If the immigrant has already been living in the U.S. and worked legally, earning work credits before applying for the green card, those count toward the 40.

Minor Children (under age 18) of U.S. Citizens who automatically obtain U.S. Citizen upon being granted Residency are not required to have an Affidavit filed on their behalf, but must file a waiver form instead.
In order to sponsor a family member to immigrate to the U.S. to become a Resident (receive a Green Card), all U.S. citizens and Residents must prove that they have the ability to support their foreign relative financially for a period of years. This is required to show the U.S. government that the family member immigrating is not someone likely to immigrate to the U.S. then go collect government assistance (often called "welfare").

 The Affidavit is a legally binding promise by the Sponsor that they will take financial responsibility if the need arises so that their relative will not collect government assistance and if that does occur, the Sponsor will be responsible to reimburse any government agencies from which their immigrant family received financial assistance.