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

  POSTING DATE: JANUARY 26,  2015
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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
New Immigration Bill Seeks To Increase H-1B Work Visas 
and Employment Green Cards
A new Immigration Bill, called the ‘I-Squared Bill” recently introduced in Congress, aims to dramatically increase H-1B work visas from the current 65,000 per year up to 115,000 and higher as demand rises. In addition, the measure seeks to eliminate the 20,000 visa limit on visas for U.S. Master’s Degree holders, making them unlimited. 

The legislation would further allow H-4 spouses to work, a benefit which the Obama Administration will be putting into effect shortly through its own policy changes. 
Immigration
Questions & Answers
Question: My U.S. Citizen brother filed an immigration case for me in 2009. I may get married soon. Will reporting my marriage have any affect/delay in processing of my case
Answer: That’s a great question. Under Immigration regulations, brothers and sisters of U.S. Citizens are in a category called F4, which includes the sibling, his or her spouse and all minor children (under age 21). As a result, any spouse or child the foreign sibling acquired after the U.S. Citizens sibling files the immigration petition, will be automatically included and allowed to immigrate to the U.S.. Therefore, your coming marriage will not have any bad consequences on the Immigrant petition filed on your behalf by your U.S. Citizen brother. Once the immigration process is in the final stages, approximately 12-14 years after the case is filed, your U.S. Citizen brother can notify the National Visa Center that you have married and provide all the relevant information including Birth and Marriage Certificates. I hope this is helpful.
USCIS Issues An Advisory For First Time DACA Applications and Renewals
Question: If apply for permanent residence for my father, can I apply for medical insurance for him through obamacare (health market place) or that would damage his application for residency?
Answer: Once your father becomes a U.S. Resident (Green Card holder), he is eligible to obtain health insurance under Obamacare. There is no restrictions on eligibility for Residents and obtaining insurance under Obamacare will have no negative implications for your father in his later Naturalization. However he is not eligible for Obamacare until he becomes a Resident, so he won’t be able to apply while his Residency application is processing. 
The USCIS advises Deferred Action for Childhood Arrivals (DACA) Applicants to submit Form I-765, Application for Employment Authorization and required fees, when filing first time and renewal applications. DACA Applications filed without Form I-765, fees and the Worksheet will be rejected. 

The USCIS also reminds DACA status holders to file for renewal 150 days (5 months) prior to expiration, to avoid a lapse in status and work authorization.

Read the USCIS Announcement
Helpful Immigration Tips You Can Use
Most importantly, if passed, the law would increase the number of both employment and family based Green Cards, by adding the number of unused Immigrant visas from previous years back into the total available and increasing the per country visas available. Under the measure, among other things,  certain categories would also be exempt from visa limits, including: 1) Dependents of employment-based immigrant visa recipients, US STEM advance degree holders, Persons of extraordinary ability and Outstanding professors and researchers. 

The Bill is supported by a bipartisan group of Senators and is expected to gain more support in the coming months.
Immigration How To:
How Do I Get Legal Status Through My Child Who Is Serving In The Military?
You can learn more about obtaining a Green Card, Naturalization or sponsoring a family member 
by visiting our website at: www.Immigratetoday.com or calling our office to schedule a free consultation at: (954) 382-5378.
Question:Hi, I am Canadian and my sister is US citizen. She filed I130 for me as US citizen filing for brother four year ago and now we just been informed by USCIS that we need to send some evidences like proof of our relationship. Do you have any idea how long it takes to have interview and next steps after providing requested evidence. Thanks.
Answer: As the brother of a U.S. citizen, you are in the F4 Family Immigration category, which has a waiting line of about 12-14 years or more. Canadians are not given any special immigration visas and must wait in line like all other Nationals. Since she filed for you 4 years ago, you have another 10+ years to wait. 

The request for evidence that your sister received from the USCIS means that the case is being processed by an officer now and additional evidence of your relationship is required before the case can be approved. The USCIS usually provides 87 days to respond, so make sure that your sister responds as soon as possible, makes a complete copy of the request and documents sent and sends her response to the USCIS via USPS Priority or overnight mail so it can be tracked. Once the USCIS receives the response, it can take 90 days or more before a final decision is received. 

Once the case is approved, the USCIS forwards the file to the National Visa Center (NVC) to hold, until the time approx 10 years in the future when an Immigrant visa is available in the F4 category. At that time, the NVC will pull the file off the shelf and start processing the case for the U.S. Consulate in Canada where you will have your interview. From the time that a visa becomes available, depending upon how long it takes you and your sister to provide the NVC with the required financial and other documentation, it can take 2-3 months before the file is finally sent to the U.S. Consulate in Canada for your Immigrant Visa interview to be scheduled. You’ll be given information about having a medical exam done and a list of original documents you must bring with you to the interview. Once you attend the interview and are approved, you pay the immigrant processing fees online and enter the U.S. to receive your U.S. Residency. You receive your Green Card in the mail in approx 15-30 days after entry. That is the entire process in a “nutshell”. 
Visit USCIS Facebook Page
Yes, even the USCIS has a Facebook page. You can visit the USCIS Facebook page by clicking on the link below:

USCIS Facebook Page
Understanding The USCIS Policy Which Provides Status and Work Authorization For Undocumented Family Members of U.S. Military Personnel
The Department of Homeland Security has a program which provides legal status, Work Permits and in some cases, Green Cards for many undocumented family members (including: spouses, children (under age 21), and parents) of U.S. Citizen members of the U.S. Armed Forces. 
Most importantly, recipients of the PIP program do not risk deportation due to their unlawful status. Many Immediate Relatives who qualify for “Parole” under this PIP program will also qualify to obtain a Green Card through Adjustment of Status. Qualifying Family members (who have not been convicted of a crime) are those who entered the U.S. without inspection and are the Immediate Relative of a U.S. citizen who is an active duty member of the U.S. Armed Forces, Selected Reserve of the Ready Reserve, or who previously served in the U.S. Armed Forces or the Selected Reserve of the Ready Reserve. 
You can find out more about obtaining status through the PIP program by calling our office at: (954) 382-5378.
Similar to the Obama Administration’s “Deferred Action” for DREAMERS, this  program allows “Immediate Relatives” of Thousands of U.S. Armed Forces personnel to live and work in the U.S. legally without fear of deportation. This change in policy in 2013 is seen as a humanitarian relief for Service Members, to reduce their stress and anxiety about the immigration status of their family members.The program is officially called “parole in place” (PIP) and designed to provide a temporary work permit and status for renewable one year periods. 
Some Immigration experts believe that this may be the Administration’s first step in applying existing regulatory measures which can eventually be used to provide a broader application of legal status to millions of immigrants in the U.S.