Immigration Questions: (954) 382-5378
  Immigration News & Updates              eNewsletter

  POSTING DATE: APRIL 21, 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

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Immigration
Questions & Answers
Question: I came to the U.S. way back in 1998. In 2003 I got married, and my American wife filed for my Green Card. But we had lots of fights and never went to the immigration interview. I moved out so I never got anything more about the case. The problem is that when we filed that case, I sent in my original I-94 card, past original foreign divorce papers and original Birth certificate. Since that time I lost my passport too, so I don’t have anything to show I came legally to the U.S. Last year I tried to get another I-94 but immigration denied my application because they said I didn’t give them enough information. I am so frustrated now. I recently got married to my present wife and we want to file for my residency, but I can’t without the entry proof. Is there anything you can do to get me a copy of those documents I sent to the immigration department?
Answer: ​We can do several things. First, properly file a new request for a duplicate I-94 card with your complete information. Processing time takes several months. Second, we can file a Freedom of Information request called a “FOIA” with the Department of Homeland Security to obtain a copy of your immigration file. The processing time can take several months or more, but the results should provide us with a copy of most, if not all of your immigration-related documents, which should include a copy of your I-94 card as well. At the same time, you should apply for a replacement passport so that you have proof of identity, which you will need when filing for your adjustment of status based upon marriage to your new U.S. Citizen wife. 

Finally, you will need to obtain certified/officially stamped copies of your previous divorce and Birth Certificate.. When filing your Residency case, we only provide the USCIS with copies of your documents (never originals), however, you’ll need the original documents for your Residency interview.
Helpful Immigration Hints You Can Use
Immigration How To: 
How Do I Obtain Residency For My Parents?
Foreign Born Entrepreneurs Hold More Than Half of All New U.S. Patents 
On April 9th, the USCIS revised its instructions to Dreamers on filing DACA renewals. Beginning May 2014, the USCIS will release a new dual-use Form I-821D (Consideration of Deferred Action for Childhood Arrivals) which will allow for both initial DACA fling and renewal requests. 

The current I-821D form should not be used to renew status. Once the new form is released, Dreamers are urged to apply as early as possible within 120 days of current DA status expiration by submitting the new form I-821D, I-765 (for Employment Authorization), and I-765WS with $465 USCIS Filing Fees and evidence of continuing eligibility.
According to Slate.com, recent statistics released from the U.S. Patent and Trademark Office show that more than half of all 302,948 patents issued in 2013 were to foreign born individuals. Similarly, studies of patents issued to universities shows that over 75% of patents awarded to the top ten patent-producing universities had at least one foreign-born inventor. These statistics highlight the story of America, where many of the best and brightest inventions and creations have come from Immigrants. Without this influx of new thoughts and ideas, we could lose our greatest asset – innovation.
You can learn more about obtaining Work Authorization and Travel Permission by visiting our website at:www.Immigratetoday.com or by calling our office at: (954) 382-5378.
Never USCIS Redesigns Its Change of Address 
Online Format
The USCIS recently redesigned its Change of Address webpage to make it easier to use. Once the address change has been filed online, the USCIS sends you a confirmation of your address change by email. 

USCIS Change of Address Webpage
Immigration regulations allow U.S. citizens to sponsor their parents for “Green Cards”, while Permanent Residents cannot. For parents of U.S. citizens who are inside the U.S., it does not even matter if the parent is in legal status, as long as the parent entered the U.S. legally (has an expired I-94 card) or is eligible under 245(i). Parents are in the special immigration category called “Immediate Relatives” (which includes Spouses and Minor children of U.S. Citizens as well), which gives them preference over other family immigration relationships. The only drawback of this category is that it is only for the individual parent and does not include any dependants, such as spouses or minor children. Therefore, if the parent has a spouse who is not considered to be your parent (for immigration purposes**see below), he or she would not be able to immigrate along with the parent. The same is true of any minor children of a parent (your brother or sister).
USCIS Updates Instructions On Filing “Deferred Action” For Dreamers 
You can find out more about obtaining copies of your immigration file or obtaining a duplicate I-94 card by calling our office at: 954-382-5378.
Question: Hi, How fast can I get my EAD and advanced parole when I file 485 (adjustment of status)? Will it be acceptable if I go home to Europe a month due to work? 
Answer: ​Immigration regulations allow Immigrants who are adjusting status inside the U.S. to re-enter the U.S. after travel abroad as long as they have requested and obtained permission, called “Advance Parole” more commonly known as a Travel Permit. Many Immigrants mistakenly believe that a travel permit allows them to travel outside the U.S. while their residency application is processing. However, in reality, anyone is free to leave the U.S., the travel permit serves only to allow them to get back in the U.S. again!

The Advance Parole request is made on form I-131 and is usually filed along with the I-485 adjustment of status application package. When an Immigrant requests both a work permit (form I-765) and the advance parole (form I-131), both permissions are issued on the Employment Authorization Document. 
The advance parole permission is listed as “Serves as I-512 Advance Parole” near the bottom of the card. Once the applications are “properly” filed, the USCIS generally issues the Employment Authorization and Advance Parole on the same card in about 60 days. Issues which frequently delay issuance are improperly filed cases, missing documentation and information. The USCIS will not issue the work and travel card until it has processed the Affidavit of Support (I-864) to ensure qualification, which is often the most problematic portion of the case. As a caution: Not all Immigrant who are adjusting status in the U.S. are eligible to re-enter the U.S. after travel abroad. Those who were out of legal immigration status for more than 179 in the U.S. before their residency case was filed and those who entered the U.S. illegally are not eligible to re-enter the U.S. if they leave, even if the USCIS issues the Advance Parole permission in error. So, in your case, if you have been maintaining legal status and your case is properly filed, as long as you meet all the other qualifications, you should receive your Work/Travel card within 60 days of filing.
This is a harsh rule which often causes difficult choices for parents of U.S. citizens. One option for parents abroad who have minor children (or a spouse) is for them to obtain F-1 student visas for their minor children (or spouse) before immigrating to the U.S. In that way, both the parent and his or her child (and/or spouse) can be in the U.S. together. Once the parent obtains a Green Card, the parent can then sponsor his or her children and if applicable, a spouse. **Step-parents are considered to qualify as “parents” for immigration purposes, as long as the step-parent relationship was established before the child (now U.S. citizen) reached the age of 18.