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Immigration News & Updates eNewsletter ©  2011  - 2016 
For questions about U.S. Residency, Green Cards and Immigration Visas, Visit our Website at: or  call our office at: (954) 382-5378
Questions & Answers
Question: I came to Miami in 2009 as a tourist and filed for extension to stay for extra time and it got denied. I had been in the U.S. for over 6 months when it was denied, so I was advised that if I left, I would be prevented from coming back to the U.S. for 3 years, so I stayed here. I met my American wife in 2014 and we got married last year. She filed for the I-130 in March of 2016 and the immigration sent a letter that they received it with a receipt number. Since that time we have not received anything. We are worried because I was told I should have received a biometrics fingerprint appointment and my work permit by now. Can you please help us figure out what we need to do next so I can start working as soon as possible, thanks so much.
This Week's Immigration News 
By Immigration Attorney Caroly Pedersen
Supreme Court Reject’s President Obama’s Request for Rehearing on Executive Orders on Immigration
Answer: That is a great question. When a foreign spouse is inside the U.S. and eligible to adjust status to Residency, in addition to the I-130, the entire adjustment of status petition must be filed along with the request for work authorization in order to obtain a Green Card. Once filed, it takes approximately 30 days to receive your Biometrics Appointment notice and your Work Permit in another 60 days. Your marriage residency interview generally comes in another 4-6 months.

In your case, your wife only filed the I-130, which is simple a spousal petition. Nothing will happen to adjust your status in the U.S. from this petition alone, without your adjustment of status case being filed on your behalf. Generally, the I-130 is filed for spouses who are abroad and who are processing through the U.S. Consulate. In these cases, once the I-130 is approved, the National Visa Center prepares the case for the spousal immigrant interview abroad.

So now, since you entered the U.S. legally and are otherwise eligible to adjust your status to U.S. Residency in the U.S., you’ll need to have the adjustment of status and request for work authorization properly filed with the USCIS in order to process your adjustment of status in the U.S.. Otherwise, you will just keep waiting and nothing else will happen to get your work permit and residency approved. Let me know if you would like us to handle obtaining your Residency.

Immigration How To:
How Do I Send My Papers To Immigration?
Following the Supreme Court’s recent tied 4-4 decision this past June, on whether to allow President Obama’s Executive Orders on Immigration to be implemented (despite a lower court ruling halting the programs), the Justice Department requested a rehearing by the court on the matter. 

However, as expected, the Supreme Court issued a decision last week, declining to rehear the case, instead allowing the lower court decision which has been blocking the President’s programs to remain in place.

This leaves President Obama's Executive Orders on Immigration, including the expansion of the existing DACA program for “Dreamers” and the new program for Parents U.S. Citizens and Residents, called “Deferred Action for Parents of Americans and Lawful Permanent Residents” (DAPA) on hold. 
For background, after President Obama’s announcement of the Executive Orders on Immigration in November 2014 to provide relief to many Immigrant youth and Parents, the President's plan was challenged in court by Republican-governed Texas and 25 other states to block the program’s implementation several days before the program was set to take effect in 2015. After a Texas judge issued an order to halt the programs while the case worked its way through the courts, a lower Federal court and District Court declined to overturn the decision. As a result, Obama’s Justice Department appealed to the Supreme Court in an effort to get the lower court’s ruling overturned to allow the programs to go forward. But in June 2016, with only eight Supreme Court justices, the court reached an evenly divided decision, which effectively prevented the President’s programs from moving forward until the lower court case is decided at some date, far in the future…stay tuned...
International Travelers Can Now Apply For A Provisional 
I-94 Prior To Entering The U.S.
Under a new program instituted by the Customs and Border Patrol (CBP), travelers can visit the I-94 website and pay a $6.00 fee to make a request for an I-94 online, up to seven days prior to arriving in the U.S. and at a land port of entry and receive a provisional I-94 to printout and present to the CBP officer upon entry to the U.S..

 This new automated I-94 Arrival/Departure Record program is meant to speed up entry and provide for more efficient processing at U.S. ports of entry.

The new I-94 online application requests information from travelers, including name, date of birth, country of citizenship, passport details, visa details (if applicable), and the applicant's petition/Student and Exchange Visitor Program (SEVIS) number (if applicable).
Once a traveler has received his or her provisional I-94, they must present themselves at a U.S. land port of entry within seven days of their application and submit biometrics, if applicable, and be interviewed by a CBP officer, during the normal entry procedures, including providing evidence of their residence, employment, and/or travel plans, etc. If the traveler does not arrive at a U.S. border within seven days of their application, their provisional I-94 will expire and they will have to reapply and the pay the fee again. 

Read the CBP Announcement:
New CBP Program Announcement

Advance I-94 Application Website:
CBP I-94 Website
South Florida Immigration Marriage Fraud Scheme Results In Conviction and Federal Prison Sentences
Several South Florida individuals were sentenced to Federal Prison on September 26, 2016, for their involvement in a long-running marriage immigration fraud conspiracy. 

Local Individuals involved in the fraudulent scheme included Odalys Marrero, 51 and Rolando Mulet, 62, of Kendall, convicted for committing federal crimes involving “marriage for the purpose of evading our nation’s immigration rules and regulations”. 

Read more about the case:
Justice Department
The USCIS has provided the following schedule of planned Outreach events in the South Florida area for October:

October 11th from 11 am to 1:00 pm  USCIS Information Desk at Accion Community Center, 4th floor, 970 SW 1st St. Miami, Fl. 

October 11th from 4:00 to 7:30 pm  Library Information Desk at West Dade Regional Library, 9445 Coral Way Miami, Fl.

October 11th from 5:00 to 7:00 p Library Information Desk at California Club Branch Library, 700 Ives Dairy Rd. Miami, Fl. 

October 11th from 5:30 to 7:30 pm Library Information Desk at West Regional Library, 8601 W. Broward Blvd. Plantation, Fl.

October 17th from 1:00 to 4:00 pm USCIS Information Desk Kendall Driver’s License Ctr,11735 SW 147th Ave. Ste #23 Miami, Fl. 

October 17th from 5:30 to 7:30 pm Library Information Desk at Doral Branch Library, 10785 NW 58 St. Doral, Fl. 

October 17th from 5:30 to 7:30 pm  Library Information Desk at North Regional/ Broward College Library, 1100 Coconut Creek Blvd. 

October 18th from 10:00 to 2:00 pm USCIS Information Desk at Stephen P. Clark Government Ctr, 111 NW 1st St. Miami, Fl.

October 18th from 5:30 to 7:30 pm Library Information Desk at Tamarac Branch Library, 8701 W. Commercial Blvd. Tamarac, Fl.

October 20th from 4:00 to 7:30 pm  Library Information Desk at Kendale Lakes Branch Library, 15205 SW 88 St. Miami, Fl. 

October 20th from 5:00 to 7:00 pm Library Information Desk at Arcola Lakes Branch Library, 8240 NW 7th Ave. Miami, Fl. 

October 22nd from 11:00 to 2pm Naturalization Info Session/Spanish, Pinecrest Branch Library, 5835 SW 111 St. Pinecrest, Fl.  

October 24th from 12:30 to 3:30 pm USCIS Info Desk at Mall of the Americas Driver’s License Ctr, 7795 W. Flagler St. Ste #82C 

October 25th from 2:00 – 4:00 pm – USCIS Information Desk at the NANAY Center, 659 NE 125 St. N. Miami, Fl. 

October 26th from 5:30 – 7:30 pm - Library Information Desk at Miramar Branch Library, 2050 Civic Center Place Miramar, Fl.
USCIS Announces Upcoming Outreach Sessions Scheduled In South Florida For October 2016 
USCIS Webpage Helps Immigrants in Locating Authorized Physicians And Understanding Requirements For The Medical Examination 
The USCIS has an enhanced resource webpage to assist Immigrants in locating local doctors authorized to perform medical examinations required for Green Card applicants. 

The improved resources provide Immigrants with information including:
1) What to expect during the medial exam
2) Checklist of documents to bring to the examination and 
3) Tools to easily locate authorized doctors by zip code, driving directions and local transportation. 
Visit the new USCIS webpage: USCIS Medical Examination
Immigration Tips You Can Use...
Never Send Your Immigration Application 
Using Certified Mail
Immigration applications and any follow-up correspondence with the USCIS are very important matters. That is why you should take the additional step of sending these documents to the USCIS by a safe, quick method, which allows you to verify the date and time of delivery to the USCIS. This is especially critical when you have received a Request For Additional Evidence from the USCIS and must provide the requested documentation by a specified deadline. 

Certified Mail is not the best route and can take a long, long time to be delivered, much longer than many other delivery options. Many applicants do not know that if their response sent to the USCIS is postmarked before the deadline date, but is actually delivered and received by the USCIS after that date, the case is likely to be denied. 
Not only is this a tragedy for the beneficiary of the immigration application, but in such instances, all the USCIS filing fees are lost, which in some cases can be thousands of dollars. Certified Mail is not delivered quickly and cannot be tracked online and other private courier services like Fed-ex cannot be delivered to the regular USCIS P.O. box address. 

So, since the USCIS is a government agency, like the U.S. Express Mail (U.S. Postal Service) The safest way to send applications/documents and to safeguard against the unfortunate situation above is to use the U.S. Express Mail next day service. The cost is about $16.00 and well worth it. You will receive a tracking# so you can go online and confirm delivery. Be sure to send any responses requested by the USCIS at least one week or more before the deadline. Also, make a copy of everything you send to the USCIS including the initial application, supporting documents, Money Order and all follow-up responses before sending to the USCIS and never send originals! Good luck!