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Immigration News & Updates eNewsletter
POSTING DATE: DECEMBER 26, 2016
Immigration News & Updates eNewsletter © 2011 - 2017
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Questions & Answers
Question: Dear Attorney, I just got married to my wife who became a US Citizen yesterday at her ceremony. How long do I need to wait before she can file my immigration papers for residency? Thank you.
This Week's Immigration News
While Trump Plans Immigration Crack-down - Sanctuary Cities Offer Immigrants Safety From Federal Enforcement
As the incoming Trump Administration is busy planning its promised Immigration crack-down once it take office on January 20th, which may include using local police agencies to assist Federal officers in Immigration enforcement within states, a growing number of cities are taking measures to safeguard Immigrants within their borders, called “sanctuary cities”.
Sanctuary cities vow to resist assisting the federal government (Immigration and Customs Enforcement -ICE) in any general Immigration enforcement (not involving criminals).
Rundown Of Trump’s 10 Point Immigration Plan
Answer: Congratulations! There is no waiting period required before filing for your U.S. Residency. Your application can be filed the same day that you receive your stamped marriage license. However, before filing, you must be sure that you are eligible for adjustment of status in the U.S. and that you have the proper documentation required by the USCIS.
Generally, as long as you entered the U.S. legally (and have your I-94 card), or if Canadian have your passport stamped, you are eligible to adjust status to U.S. Residency. There are exceptions, however, including those who enter the U.S. on C/D crewman visas.
You will need to have Passport Photos taken of you and your wife and you will need to have a medical exam performed by a doctor designated by the USCIS to be included with the residency petition. The doctor’s office will provide you with your medical report in a sealed envelope. Be sure to request a copy of your medical report for your records and review it carefully to make sure that the form is properly completed and signed. Improperly completed medical exam and residency application forms cause delays in issuance of Work Authorization documents and USCIS processing of residency cases.
If you are preparing and filing the case yourself, be very careful to include properly completed immigration forms and mandatory documentary evidence to demonstrate your qualification for U.S. Residency, including an Affidavit of Support from your wife, along with her supporting financial documents including tax returns or IRS Transcripts, paystubs and a current employment letter. Be sure to use the most current version of the USCIS forms required as of December 23rd and ensure that you are paying the new filing fees, so your case won’t be rejected.
I hope this was helpful to you. If you would like me to properly prepare and file your case for you, please come on in for a free consultation with me so I can explain the entire process to you in detail.
1. Begin building wall on the southern border and have Mexico pay for it
2. End catch-and-release, meaning anyone crossing the U.S. illegally will be detained until they are removed out of our country, rather than released, which is the current Obama policy
3. Remove criminal Immigrants through joint operations with local, state, and federal law enforcement
Politico has compiled a list of current Sanctuary Cities as of December 16, 2016, which include: Appleton, Wisconsin, Ashland, Oregon, Aurora, Chicago, Aurora, Colorado, Austin, Texas, Berkeley, California, Boston, Burlington, Vermont, Cambridge, Massachusetts, Chicago, Denver, Detroit, Evanston, Illinois, Hartford, Connecticut, Jersey City, New Jersey, Los Angeles, Madison, Wisconsin, Minneapolis, Montpelier, Vermont, Nashville, New Haven, Connecticut, New York, Newark, New Jersey, Newton, Massachusetts, Oakland, Philadelphia, Phoenix, Arizona, Portland, Oregon, Providence, Rhode Island, Richmond, California, San Francisco, Santa Ana, California, Santa Fe, New Mexico, Seattle, Somerville, Massachusetts, St. Paul, Minnesota, Syracuse, New York, Takoma Park, Maryland, Tucson, Arizona, Washington, Winooski, Vermont.
Learn more about Sanctuary Cities:
4. End sanctuary cities
5. Immediately terminate the President Obama’s Executive Actions, including the DACA program. Strictly enforce all immigration laws, meaning anyone entering the U.S. illegally are subject to deportation. Triple the number of ICE agents
6. Suspend the issuance of U.S. Visas to nationals of any country which does not yet have proven and effective background checks, until proper vetting mechanisms can be put into place
7. Ensure that other countries take their nationals’ back once the U.S. orders them deported
8. Ensure that a biometric entry-exit visa tracking system is fully implemented at all land, air, and sea ports.
9. Ensure that foreign Immigrants are not attracted to work illegally in the U.S., since federal law prohibits the employment of illegal immigrants.
10. Reform the current legal immigration system to serve the best interests of America and its workers, keeping immigration levels within historic norms.
Learn More about Trumps Immigration policies:
USCIS Announces New Immigration Forms Which Must Be Used -
Beginning December 23, 2016, certain USCIS Immigration forms versions must be used to avoid rejection. These forms include common ones such as:
I–90 Application to Replace Permanent Resident Card I–102 Application for Replacement Arrival-Departure Document I–129F Petition for Alien Fiancé(e) I-130 Petition for Alien Relative I–140 Immigrant Petition for Alien Worker I–485 Application to Register Permanent Residence or Adjust Status 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
These forms must be filed with the new USCIS filing fee. Get the full list of the current USCIS Filing Fees:
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.
Immigration Tips You Can Use...
A new program recently implemented by the U.S. Customs and Border Protection (CBP) agency at Miami and other major airports, expedites entry and reduces wait times using a new Mobile Option for Customs Declaration, called “Mobile Passport Control (MPC)”.
New Cell Phone Application Expedites Customs Processing
At Miami Airport
Visit the CBP Mobile Passport Website:
Immigration How To:
How Do I Expedite the Customs Process When Entering The U.S.?
This new mobile cell phone application allows U.S. Citizens and Canadians to submit their passport information and customs declaration forms via the smartphone and tablet app prior to CBP inspection. Android and iPhone users can download Mobile Passport for free from the Google Play Store and Apple App Store.