Immigration News & Updates
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eNewsletter POSTING DATE: OCTOBER 14, 2013
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This Week's Immigration News
Immigration News & Updates eNewsletter © 2011 - 2013
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
Massive Rally In Washington Keeps Focus on Immigration Reform
Thousands of pro-immigration supporters held a peaceful rally on the National Mall in Washington D.C. last week, to push the House of Representatives to act on the Immigration Reform Bill recently introduced in the House. The National Park Service gave the “go ahead” for the long scheduled event to take place on the National Mall, despite the government shutdown. But the rally soon turned into a protest as the massive crowd marched from the Mall to the Capitol on First Street in a show of “civil disobedience”.
More than 100 activists were arrested, including eight Democratic members of Congress: Reps. John Lewis, Luis Gutiérrez , Raúl Grijalva, Keith Ellison, Joseph Crowley, Charles Rangel, Al Green and Jan Schakowsky.
Question: Which do you think is best for me. My boyfriend is a green card holder. Do you think he should send in for his citizenship first or should we get married and wait on the new v visa reform. We are confused thank you.
Answer: The answer depends upon whether you are outside the U.S or inside the U.S. and in legal immigration status. If you are outside the U.S., then the quickest way would be for you to get married and the family petition to be filed. Since the F2A Immigration category for Spouses and minor Children of U.S. Residents is only one month behind, you may be able to immigrate faster even without your husband waiting to become a U.S. Citizen first.
If you are inside the U.S. and in legal immigration status, then once you marry and the family petition is filed for you, you may only need to wait for a few months to be able to file for your U.S. Residency, once a visa becomes available in the F2A category.
However, if you are inside the U.S. and entered legally but your I-94 card is expired, and you marry, your husband will need to obtain his U.S. Citizenship through Naturalization in order for you to be able to obtain your U.S. Residency. Finally, if you are inside the U.S. and did not enter legally (were not inspected by an immigration officer using your own passport) then even if you marry a U.S. Citizen, under current law, you would not be eligible to obtain your Green Card in the U.S.. There are waivers available, but not everyone qualifies.
During the rally prior to the arrests Lawmakers Rep. Gutierrez, House Minority Leader Nancy Pelosi and members from both parties took the stage in support of immigration reform, including Florida Rep. Mario Diaz-Balart, telling the crowd “Both political parties have had the chance to solve it, neither have, it’s about time we get it done this year”.
The Obama administration along with other Immigration Reform activists will soon "launch a major fall blitz for immigration reform," to keep the pressure on Republican members of the House by staging more rallies and events through the Fall which highlight the need to pass Immigration Reform in 2013. The Whitehouse intends to keep reminding Republican leaders that they are the roadblock in the way of Immigration Reform and their party will take the blame in loss of votes in the next election if they fail to act soon. Stay tuned…
Did You Know…
Interesting facts you should know about American Immigration Law
Did you know that a foreign spouse of U.S. Citizen who has been married for less than two years at the time of obtaining residency, only receives a two-year Conditional Resident status?
Its true. Unlike regular U.S. Residents who obtain a Green Card through family members, employment or other means, husbands and wives of U.S. Citizens who got married less than two years prior to U.S. Residency approval, only receive a two-year Green Card, rather than the full 10 year Permanent Residency. In order to qualify for removal, the foreign and U.S. Citizen spouses must file a request for removal of the conditional status within the 90 day period prior to the conditional Green Card expiration.
In order to qualify for removal of the conditional status, a couple must continue to not only be married, but to live together as spouses (which includes same-sex spouses). The removal of condition request must be submitted with extensive supporting documentary evidence that the couple has and continues to live together in a real marriage. One of the biggest misconceptions that conditional residents have is the belief that as long as they remain “married” to the U.S. Citizen spouse, but not actually living together, they will still qualify result in tragic consequences which often leads to loss of Residency and in some instances, deportation.
Conditional Residents can file a removal request without the U.S. Citizen spouse in cases where the couple has divorced, where there is documented domestic violence and when a spouse is widowed. However, the burden of proof is on the conditional resident spouse to provide the USCIS with extensive evidence that prior to the divorce, domestic violence or death of the U.S. Citizen, the couple were living together in a real marriage.
You can find out more about removal of Conditional Resident status by visiting our Website at www.Immigratetoday.com or by calling our office at: 954-382-5378.
Check Out This Cool Immigration Stuff....
U.S. Permanent Residents receive a 10-year Green Card, which must be renewed before expiration. The renewal request should be filed with the USCIS within 6 months of expiration. However, contrary to popular belief, the expiration of your Green Card does not mean that you are no longer a Permanent Resident, it just means that, once the card expires, you will no longer have documentary evidence that you are a U.S. Resident.
Once the Green Card is within 6 months of expiration or even when it has actually expired, in order to obtain evidence of Residency, a Permanent Resident must file a renewal request, then make an INFOPASS appointment at the local USCIS Field Office and take the Green Card renewal receipt provided to you by mail from the USCIS - in order to obtain a temporary residency stamp in your passport. This temporary residency stamp is used as a temporary Green Card until the renewed Green Card is received. It can be used to work, travel, obtain Driver’s License renewal and any other purpose that an actual Green Card would serve.
Tips About Renewing or Replacing
Your Green Card
Arrest of Representatives Luis Gutiérrez and Jan Schakowsky
Question: My Auntie sponsored my mom to immigrate to the U.S. in 1999 and at that time, me and my sisters were under 21. But by the time of my mom’s interview at the U.S. Embassy in 2010, all of us kids were over age 21. I saw something about a Child Protection Act that would help us kids to immigrate to the U.S. with our parents even though we were over 21 at the time they got their residency – is that true?
Answer: The “aging out” of children is a common problem in immigration. The Child Status Protection Act (CSPA) is meant to protect children and it does in some cases, if the CSPA calculation brings the child to a technical age below 21.
The to calculate this is #1 To take the date the I-130 was approved (I-130 Approval date) and subtract it from the “priority date” (date the I-130 was filed) on the I-130 petition I-797 Notice of Action. Then, #2 at the time the priority date became current (you can look this up on the Visa Bulletin site), subtract the amount of time calculated in #1 from your age at that time. If you were under age 21 at that time, then the CSPA should have protected you. The consular officers are required to use the CSPA when determining immigrant visa eligibility. We routinely provide the USCIS and National Visa Center with the CSPA calculation for eligible children over age 21 during immigrant visa processing to ensure that the child remains a minor for immigration purposes.
Answer: The “aging out” of children is a common problem in immigration. The Child Status Protection Act (CSPA) is meant to protect children and it does in some cases, if the CSPA calculation brings the child to a technical age below 21.
OBAMACARE and Immigration – Who Qualifies for the Affordable Care Act ?
With the recent Republican government shutdown due largely to the desire of Conservatives to eliminate the Affordable Care Act (also known as “ObamaCare”), immigrants might be wondering who qualifies for affordable healthcare under the new legislation. For full eligibility requirements to see if you qualify for “Obamacare” and to apply for coverage, you can visit the Affordable Care Act website at: www.healthcare.gov
Here’s a list of eligible immigration statuses for health coverage through the “Affordable Care Act” Marketplace below. You may qualify for Obamacare if you are a Native Born or Naturalized U.S. Citizen or:
Lawful permanent resident (LPR/Green Card holder)
Asylee
Refugee
Cuban/Haitian entrant
Paroled into the U.S.
Conditional entrant granted before 1980
Battered spouse, child, or parent
Victim of trafficking and his or her spouse, child, sibling, or parent
Granted Withholding of Deportation or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT)
Individual with non-immigrant status (including worker visas, student visas, and citizens of Micronesia, the Marshall Islands, and Palau)
Temporary Protected Status (TPS)
Deferred Enforced Departure (DED)
Deferred Action Status (Deferred Action for Childhood Arrivals (DACA) isn’t an eligible immigration status for applying for health coverage.)
Applicant for:
Special Immigrant Juvenile Status
Adjustment to LPR Status with an approved visa petition
Victim of trafficking visa
Asylum who has either been granted employment authorization, OR is under 14 and has had an application for asylum pending for at least 180 days.)
Withholding of Deportation or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT) who has either been granted employment authorization, OR is under 14 and has had an application for withholding of deportation or withholding removal under the immigration laws or under the CAT pending for at least 180 days.)
Certain individuals with employment authorization document:
Registry applicants
Order of supervision
Applicant for Cancellation of Removal or Suspension of Deportation
Applicant for Legalization under IRCA
Applicant for Temporary Protected Status (TPS)
Legalization under the LIFE Act
Lawful temporary resident
Granted an administrative stay of removal by the Department of Homeland Security (DHS)
Member of a federally recognized Indian tribe or American Indian born in Canada
Resident of American Samoa
