Immigration Questions: (954) 382-5378
Immigration News & Updates eNewsletter
POSTING DATE: MAY 16, 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: I am a Naturalized US citizenship and I want to file for my parents. My question is whether the one form I130 includes both my mom and dad. The form asks me to list my parents’ spousal names and information, so I’m assuming if I file for my mom, my dad is included as well. Can you please just confirm that for me, thanks.
Answer: That’s a great question! In many immigrant sponsored family petitions, a U.S. Citizen can sponsor not only their family members, but the spouse and minor children of family members as well. This is true for Adult married children and brothers & sisters of U.S. Citizens and their families. However, there is a special category of immigrants called “Immediate Relatives” (Spouses, Parents and Minor Children of U.S. Citizens) which have the benefit of being exempt from quotas (waiting lines), but the drawback is that family members sponsored in this category can only immigrate alone and cannot bring “dependents” such as a spouse or minor children. This applies to your case. When you sponsor a parent, only the parent named in part C of the Form I-130 is sponsored and any spouse your mom has, even your own dad is not included. The only way to sponsor the spouse of your parent, your dad, is for you to file a separate I-130 form for you him as well. It is true that the form I-130 requests information about your parent’s spouse and children, but not to enable them to immigrate along with your parent, rather simply for technical informational purposes.
This Week's Immigration News
USCIS Updates Application for Employment Authorization Form
Ten Tips To Follow When Filing Immigration Applications
When filing immigration applications with the USCIS, there are some important tips to remember to make your case go as smooth as possible:
1) Eligibility: Before filing any application with the USCIS make sure that you meet all the eligibility requirements.
2) Use the correct Form: Be sure you have the most current edition of the form. Never pay for forms, they are free. To download the current edition of each form, go to www.USCIS.gov and click on the Forms link, then choose your form.
3) Supporting Documents: Make sure and include all required documents so your case is not delayed. Read the Form Instructions and enclose copies of the required supporting documents listed. Never send originals
4) Foreign Language Documents: All documents in a foreign language must be accompanied by an English translation and “Certificate of Translation” signed by the translator, attesting to the fact that they are fluent in the foreign language and English. Example:
I [name of translator], certify that I am fluent in the English and [type in name of foreign language, for instance, Spanish] languages, and that the above is an accurate translation of the attached document.
Have the translator sign, date and type in his or her address. Note that an Applicant, family member or anyone else can be the translator, you do not need a certified translator or any other special certification.
5) Copies: Keep copies of every page of your signed application, all supporting documents and check/money order for your records.
6) Filing Fees: Make sure the USCIS filing fee is correct. Go online to www.USCIS.gov and click on the Forms link to see the current filing fee for each form. It’s often safer to use a Money Order issued by your bank, rather than a convenience store or postal service, in case you need to get a copy of the cancelled check (to see your case number on the back-in case you don’t receive a USCIS receipt). 7) Sending your application: Use Fed-ex or USCIS Priority Mail or Express Mail with tracking. Be sure to get delivery confirmation a few days after you send your application, to confirm it was received and save the confirmation for your records. 8) Sign-up for E-Notification: Always file Form G-1145 with your application, to receive a text message or email e-notification confirming that the application was received and accepted for processing by the USCIS along with the case receipt number(s). 9) Sign-up for E-Mail Case Updates: Once you receive your USCIS Receipt (called I-797 Notice of Action) – usually in about 10 days, go online to www.USCIS.gov and click on “Check your case status” then sign-up for email updates on your case using your case number. 10) Check USCIS Processing Times: Go to www.USCIS.gov and click on “Check your case status” then scroll down and click on “USCIS Processing Times Information” and click on the Service Center or office where your case is processing to see the current processing times for your application type.
Question: I got naturalized last month and I want to propose to and file immigration papers for my girlfriend from Colombia. We’ve been dating over the past few years, she comes to visit me here in Miami and I go visit her. Now I think we are serious enough to get married. She arrived here a few weeks ago for a visit and I intend to pop the question this weekend, so even though it’s not romantic, I want to be able to discuss the details of what we should do next with her immigration status. I am wondering if you can help us with the process and explain about the timing and whether she needs to go back to Colombia to get the Green Card or she can stay here with me during the process. Also, do we have to do the civil and religious ceremonies or only the civil? Thanks.
Answer: Spouses of U.S Citizens are in a special category called “Immediate Relatives” which allows them to immigrate to the U.S. immediately, meaning they are not required to wait for a visa to be available like many other family categories. There are two options for Spouses to obtain U.S. Residency, depending upon whether they have a U.S. Visa. The first option is called U.S. Adjustment of Status: This is for Spouses who come to the U.S. on a Tourist or other legal visa and decide to immigrate, we can apply to adjust status to Residency inside the U.S., obtain their Work and Travel Permit within about 60-90 days and Green Cards within about 6-8 months. The second option, called Consular Processing is for Spouses who either don’t have a U.S. visa or who prefer to stay in their home country while processing for an Immigrant Visa. The current processing time is about 8-12 months.
In your case, since your girlfriend is already here, once you get married (civil marriage) we can adjust her status to a Green Card while she is in the U.S. and there is no need for her to return to Colombia. If she does need to travel while waiting for her Residency, we can obtain a travel permit for her called “advance parole” which will allow her to travel in approx 60-90 days time.
The new edition date is: 03/11/16. For the time being, you can still use previous editions dated 11/04/15, 02/13/15, 05/27/08 or later, until the USCIS provides notification otherwise.
Selective Service Registration Requirement For Certain Immigrant Men
All men in the U.S. between the ages of 18 through 25 are required to register for military “Selective Service”, which is also often referred to as the "draft."
The draft is a procedural measure which could be used by the U.S. government to gather military forces in times of war. The only time in the history of the U.S. that the draft was actually used was during the Viet Nam conflict. However, the requirement for registration under Selective Service remains.
This requirement applies to Immigrants as well, including U.S. Residents (Green Card holders), Refugees, Asylees, Special Agricultural workers, and under recent policy changes in the past few years, even to undocumented foreign nationals who are in the U.S. in one of these categories between the ages of 18 and 25. The Selective Service registration requirement does not apply to nonimmigrants in a temporary status in the U.S. such as, diplomats, tourists, H1B workers, J-1 visitors, students, etc.
Failure to register for Selective Service has serious consequences for U.S. Citizens and immigrants as well. U.S. Citizens can be denied certain federal benefits including federal employment, while immigrant have an additional penalty which can result in denial of U.S. Citizenship.
During the Naturalization process to become a U.S. citizen, U.S. Resident men who immigrated to the U.S. or were in one of the above categories during the ages of 18 to 25 must prove that they registered for Selective Service. Failure to register can result in denial of U.S. Citizenship if the U.S. Resident makes the Naturalization application within five years of the failure (age 30), although there are exceptions applied for those who can show that they did not “knowingly and willingly” fail to register. Naturalization applications after age 30 will generally not be denied solely due to failure to register, however applicants will often be asked to explain why they failed to register and should be prepared to give a reasonable explanation.
You can find out more about Selective Service registration:
Helpful Immigration Hints You Can Use
Make A USCIS e-Request For Inquiries On Pending Cases
Immigration How To:
How Do I Make An E-Request?
The USCIS offers customers with pending cases the option of sending an electronic e-Request for information using an electronic inquiry form on the USCIS Website. In order to make an inquiry, you will need to have the case number, form type, filing date, zip code on file and other information.