Immigration Questions: (954) 382-5378
Immigration News & Updates eNewsletter
POSTING DATE: FEBRUARY 1, 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
Check Out This Cool Stuff For Immigrants....
Questions & Answers
Question: My son filed for my Residency and we went to my Green Card interview together in November 2015 and the officer said everything was fine, but gave me a paper saying to send him some documents about an arrest that I had in 2001 when I was stopped for driving without a license. I found the old criminal papers at home and sent them back to him a few days later, way before the deadline. So then yesterday, I received a letter from immigration denying my green card because I failed to provide the documents the officer asked for. We didn’t know exactly what the officer wanted, so we sent everything I had saved from the incident. We need your guidance about what to do now. The paper says there is no appeal is there anything you can do to help me get my green card?
Answer: What you are experiencing is very common and avoidable. It’s important to understand that when the USCIS issues a request for documentation, you generally only have one opportunity to provide EXACTLY what is requested or the case will be denied. With USCIS Requests For Evidence, it is crucial to determine exactly what the request is asking for, so that you can provide it, since there are no second chances. For criminal cases, Immigrants must provide the USCIS with a certified copy of both the Police Report or traffic Ticket AND the Court Disposition. One or the other will not be sufficient.
It’s also important to know that in many cases like yours which cannot be Appealed, an Immigrant can still make a request for the officer to reopen the case or reconsider it (I-290B, Notice of Appeal or Motion). The filing fee is $630. A motion to reopen must be based on factual grounds, such as the discovery of new evidence or changed circumstances, while a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of that decision. Unlike a motion to reopen, no new evidence circumstances can be submitted to support the request. While not required, due to the technical legal issues involved in such Motions, its always best to have a qualified Immigration attorney prepare and submit the request.
In some Immigration cases, filing an Appeal, Motion to Reopen or Reconsider is not advised and just a waste of money. These types of cases involve eligibility issues, for instance when an Immigrant files for residency or some other immigration benefit that they are clearly not eligible for. For example, when a Resident sponsors a married a child. In such a case, no eligibility exists, since there is no immigration category for a adult married child of a Resident, only for single children. Only U.S. Citizens can sponsor their married children.
In your case, I can request that the case be reopened to submit the correct documentation and explanations as to why the documents were not initially provided. Processing times can be 3 to 6 months and if approved, the USCIS will reopen/reconsider the case and approve it.
This Week's Immigration News
USCIS Processing Times For Common Immigration Applications
Filed At Regional Service Centers
The USCIS provides processing times updates on its website for every type of Immigration application processed at its Regional Service Centers and local District offices. The times below represent current processing times for some Immigration application types. Form I-485 Residency Applications times are found at each local field office. Form I-130 processing varies, depending upon the family relationship and the processing time has no bearing upon when an actual Immigrant Visa will be available to the sponsored family member. For instance, the I-130 processing time for an adult, single child of a U.S. Citizen is about 3 1/2 years and the approximate time it takes for an Immigrant Visa to be available in the F1 Immigration category is approximately 8 years. You can take a look at the Visa Bulletin to see the waiting line form family immigration categories.
Type of Immigration Application
Application to Replace Permanent Resident Card – Green Card (Form I-90) Approx 7 months Application to replace I-94 (Form I-102) Approx 6 months DACA Deferred Action Initial Application (I-821D) Approx 6 months DACA Deferred Action Renewal (I-821D) Approx 3.5 months Student Visa & Applications to Extend/Change Status (Form I-539) Approx 12+ months
Advisory About Phone Scams and Tax Identity Theft
Now that Tax season is rolling around again, the USCIS Public Engagement Division recently held a “Tax Identity Theft Awareness Week” to alert Immigrants to beware of tax phone scams. Immigrants are reminded not to fall victim to scammers who call and say they are with the Internal Revenue Service (IRS)!
There has been an increase in aggressive phone scams where people call and threaten Immigrants with police arrest or deportation if they don’t pay a fine over the phone by credit, debit card or other means.
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:
The USCIS and IRS wants Immigrants to know that the a real IRS agent will:
NEVER call and demand immediate payment over the phone
NEVER try to threaten or intimidate, NEVER demand payment with a prepaid debit card, or ask for your credit card or debit card number over the phone and
NEVER threaten to call the police or immigration agents if you don’t pay.
If you get a call like this, report it to the Treasury Inspector General for Tax Administration by calling 800-366-4484.
Watch A Video About Scams:
Visit the IRS Tax Scam Website:
USCIS Scam Advisory:
USCIS Recommendations For First Time DACA Applications and Renewals
Helpful Immigration Hints You Can Use
USCIS Immigration Application Filing Tips
The USCIS has issued a reminder for Applicants and Petitioners to include an Apartment Number with the address on the forms, according to its requirements. Each year hundreds of packages, notices and even Green Cards to Applicants by the USCIS are returned as undeliverable.
Frequently, this is due to the fact that the Applicant or Petitioner did not include the apartment number correctly on the forms. And of course, you should always keep your address up-to-date and file a change of address within 30 days of moving to a new location. You can get more filing tips and make your address change online by clicking on the link below:
Immigration How To:
How Do I Get Legal Status Through My Child Who Is Serving In The Military?
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.
See all USCIS processing times: