Immigration Questions: (954) 382-5378
Immigration News & Updates eNewsletter
POSTING DATE: OCTOBER 31, 2016
Immigration News & Updates eNewsletter © 2011 - 2016
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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Questions & Answers
Question: Hi, I have DACA and was just wondering if there was anything I could do to speed up my process to obtain citizenship? I have my work permit but it expires next August so I'm just curious if there's anything extra I can do?
This Week's Immigration News
Answer: For now, under existing law, there is nothing a DACA status holder can do to obtain Residency (green card) or Citizenship, with a few exceptions, including a real marriage (for love) to a U.S. Citizen, as long as the DACA holder entered the U. S. legally . However, if Hillary Clinton is elected, and the Democrats take over the Senate, or increase representation in the House of Representatives, there may be a possibility for getting Immigration Reform which would include some path to Residency and Citizenship for those like you with DACA status. Keep your fingers crossed.
Open Enrollment for “Obamacare” Health Insurance Begins This Week – Don’t Miss Out!
This year's open enrollment for Health Insurance under the Affordable Care Act (also referred to as “Obamacare”) starts on November 1st and runs through January 31, 2017.
We receive lots of call from Immigrants confused about whether or not they qualify. Here’s a list of some of the common non U.S. Citizen Immigration statuses which are eligible for health coverage:
Helpful Immigration Hints You Can Use
Immigrants holding the following Immigration Status:
Lawful permanent and temporary Residents (LPR/Green Card holder)
Paroled into the U.S.
Conditional entrant granted before 1980
Battered spouse, child, or parent (VAWA)
Victim of trafficking and his or her spouse, child, sibling, or parent
Granted Withholding of Deportation or Withholding of Removal
Individual with non-immigrant status (including worker visas, student visas)
Temporary Protected Status (TPS)
Deferred Enforced Departure (DED)
Deferred Action Status (EXCEPT: Deferred Action for Childhood Arrivals (DACA) isn’t an eligible immigration status for applying for health coverage)
Special Immigrant Juvenile Status
Adjustment to LPR Status with an approved visa petition
Victim of trafficking visa
Asylum who has been granted employment authorization
Withholding of Deportation/Removal
Certain individuals with employment authorization documents:
Applicant for Cancellation of Removal or Suspension of Deportation
Applicant for Temporary Protected Status (TPS)
Granted an administrative stay of removal by the Department of Homeland Security
Immigration regulations allow U.S. citizens to sponsor their parents for “Green Cards”, while Permanent Residents cannot. Even parents of U.S. citizens who are inside the U.S. with expired immigration status are eligible, as long as the parent entered the U.S. legally.
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.
Tips On Obtaining Green Cards (U.S. Residency) For Your Parents
The only drawback of this category is that it is only for the individual parent and does not include any dependents, such as spouses or minor children. Therefore, if the parent has a spouse who is not considered to be your parent (for immigration purposes), he or she would not be able to immigrate along with the parent. Step-parents are considered to qualify as “parents” for immigration purposes, as long as the step-parent relationship was established before the child reached the age of 18.
The same is true of any minor children a parent (your brother or sister). 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.
Find out more about sponsoring your Parents:
New USCIS Fee Increases Go Into Effect On December 23, 2016
The USCIS released the final rule last week to increase Immigration application filing fees. The fee increase goes into effect just before Christmas, on December 23, 2016!
Here's a list of the fee increases for some of the most common immigration applications (which do not include Biometrics fees of $85 required for some application types):
I-90 Application to Replace Permanent Resident Card I-129F Petition for Alien Fiancé(e) I-130 Family Petition for Alien Relative I-131 Application for Travel Document I-140 Immigrant Petition for Alien Worker I-485 Application to Adjust Status to Residence I-539 Application to Extend/Change Nonimmigrant Status I-751 Petition to Remove Conditions on Residence I-765 Application for Employment Authorization N-400 Application for Naturalization N-565 Citizenship Certificate Replacement
New Increased Fee
See a full list of proposed USCIS Fees increases:
Question: My American wife and I got married in Dec 2015, filed my immigration papers and had our marriage immigration appointment last week. The officer said that she could only give me my green card for 2 years and made us sign a paper. We are really confused about this. Does this happen to everyone? Why didn’t she give me a full green card? Thanks.
Answer: That’s a great question. Foreign spouses of U.S. Citizens who has been married for less than two years at the time of their residency interview, only receive a two-year Conditional Resident status, rather than the full 10 year Permanent Residency that other U.S. Residents who obtain a Green Card through family members, employment or other means receive. This is meant to prevent marriage immigration fraud. Under the regulations, the foreign and U.S. Citizen spouses must file a request for removal of the conditional status (Form I-751) 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 not only to be married, but also to live together as a husband and wife. 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. Conditional Residents can file a removal request without the U.S. Citizen spouse in cases where the couple has divorced, or where there is documented domestic violence, or 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 Two Year Conditional Residency and the process to Remove Conditions on Residency by calling our office at: (954) 382-5378
The USCIS E-Notification Service Notifies You
When Your Case Is Received
The USCIS now provides a convenient service to customers who have filed applications by sending email or text notifications once the center receives and accepts an application for processing.
To request an email or text notification, go online to the USCIS website and download and complete form G-1145. Complete a separate form for each form you are sending to the USCIS and attach to the front page of each application. Good luck!
Immigration How To:
How Do I Know If The USCIS Received My Immigration Papers?