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  Immigration News & Updates              eNewsletter

  POSTING DATE: AUGUST 18, 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: Hi , I have a friend who recently married and wants to get her residency through marriage but before she met her husband she already had an apartment in her name, and the husband also has an apartment in his name too. So she is wondering which is the best way, to go live with her husband or the husband come live with her since the husband is a U.S citizen. She is out of status so she wants to know if the immigration officer is going to ask her how she obtained an apartment in her name because she doesn’t have a valid ID.
Answer:  It really does not matter which apt they live in. The important thing is that they actually live together in one of them as their “marital” residence. They will need to change the name on the utilities and other bills so that both spouses have several utilities in their name at that same marital residence. Whichever apt they choose, they will have to show the USCIS officer a copy of the title to the property to prove that one of them owns the marital residence. I don’t believe the issue of how your friend obtained the apt will be important. The most important issue will be whether or not the couple is in a real marriage, which must be demonstrated by providing extensive documentation of joint bank accounts, utilities, car insurance, etc to prove that they both live in the marital residence and are sharing their lives together.
Helpful Immigration Hints You Can Use
You can find out more about  sponsoring your minor and adult  children by visiting our website at: www.Immigratetoday.com or by calling our office at: 954-382-5378 
Get E-Notification From The USCIS When Filing Immigration Applications
USCIS Announces New Overnight Delivery Service Options
The USCIS now provides a new optional service to customers which includes overnight and expedited delivery of certain documents such as travel & re-entry permits, case approvals, requests for evidence and other notices. 

Under the new program, customers may now include a prepaid shipping label (such as USPS Express Mail, Fed-ex, etc) along with the immigration application in order to receive the return USCIS correspondence, decision or benefit document on an expedited basis. This is done by prepaying for the delivery service and including the prepaid shipping label with the immigration application.
Immigrants and Sponsors filing Immigration applications with the USCIS can receive a text message or email e-notification confirming that the application was received and accepted for processing by the USCIS along with the case receipt number(s). The receipt number allows individuals to track the status of their case online. E-notifications are issued within 24 hours after the USCIS receives the application. To request e-notification, download and complete form G-1145 and mail along with the USCIS application submission. 
The USCIS provides the following tips: 1) Enter the customer’s name in both the “to” and “from” fields on the shipping label 2) Do not list USCIS as the sender or mark “bill to sender” and 3) Pay all delivery costs in advance and include the prepaid shipping label with the application submission. If the delivery costs are not pre-paid, USCIS will send the documents to the customer by regular U.S. mail.

Read the USCIS Announcement for more details:

USCIS Expedited Delivery Service Options
Affidavits of Support Are Not Required For Certain Children
Did you know that the children of a U.S. Citizen parent who are under age 18 at the time of immigrating, are not required to have an Affidavit of Support filed on their behalf?

Its true. Eligible children under age 18 who become U.S. Residents (Green Card holders) and by operation of law, automatically become U.S. Citizens, are not required to have an Affidavit of Support filed on their behalf. This is true for children immigrating from abroad through a U.S. Consulate, as well as children adjusting status to U.S. Residency inside the U.S. through a U.S. Citizen parent.
Immigration How To: 
How Do I  Know If My Child Will Get Citizenship Along With Me??
U.S. Resident children who are under age 18 automatically obtain U.S. Citizenship when a parent Naturalizes.
Eligible children under age 18 who are U.S. Residents (Green Card holders) automatically become U.S. Citizens when the parent they reside with Naturalizes. The USCIS does not issue Naturalization Certificates to children who receive their Citizenship automatically, and none is required. Applying for a U.S. Passport is all that is necessary to prove new U.S. Citizenship status. 

In such cases, in addition to other information, the U.S. Passport office requires a copy of the parents’ Naturalization Certificate in order to demonstrate the child’s eligibility as a U.S. Citizen to obtain a U.S. Passport. Similarly, children of U.S. Citizens who immigrate to the U.S. from abroad and enter the U.S. before turning age 18, become automatic U.S. Citizens as well.
You can request e-Notification by downloading the Form G-1145:
Form G-1145

Question:: I am a Green Card holder and filed an I-130 petition for my adult son. He is currently visiting us in America on a visitor visa. My son was originally included on the immigration case my sister filed for me many years ago, but once it came time to immigrate, the consulate officer said he was aged out because he was too much over age 21 and could not come to America with us and we had to sponsor him once we got our Green Cards. I heard that the Supreme Court might decide that he can still immigrate with the same date from my sisters petition. If so, can he file for his residency? If not, can he apply for student visa? If, yes when? Thanks in advance for your reply.
Answer:  Unfortunately, the Supreme Court recently ruled that children who “age-out” (meaning turned age 21 or older) in the F3 and F4 family categories cannot retain the earlier Priority Date of the I-130 petition that was filed for their parents by U.S. Citizen family members.Your son may be able to change to a U.S. F-1 Student visa but he should not stay in the U.S. past his I-94 date because if he overstays, he will lose all options to stay legally in the U.S.. If he wants to apply for an F-1 student visa, he needs to wait at least 60 days from the time he entered the U.S. to apply. The fact that you filed the I-130 for him may negatively affect his chances of obtaining a student visa though, since he will need to prove in his F-1 application that he does not have “immigrant intent” and that once his F-1 visa is up, he intends to return to his home country. That may be difficult, since the I-130 “Immigrant” visa has been filed for him, but it is not impossible
Instead of filing Form I-864, the Form I-864W Intending Immigrant's Affidavit of Support Exemption is filed showing qualification for a waiver of the regular I-864.

Click Here to view the I-864W Intending Immigrant's Affidavit of Support Exemption