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This Week's Immigration News 
By Immigration Attorney Caroly Pedersen

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Immigration News & Updates eNewsletter ©  2011  - 2014  
For questions about U.S. Residency, Green Cards and Immigration Visas, Visit our Website at: or  call our office at: (954) 382-5378
Conservatives Take Legislative and Legal Action 
In Efforts To Stop Obama’s Executive Actions
As expected, Conservative Republicans, furious over the President’s recent Immigration Executive Actions, are busy bashing Obama in the media and devising legislative strategies aimed at reversing the new programs. And while all this huffing and puffing is going on, it’s really just a show, since Legislators know that nothing they do can actually “un-do” the Administration’s new policies – but they can still have fun trying. 

The reality is that the Senate is controlled by the Democrats, so no measures passed by the House would be taken up in the Senate, and as a result, the legislation will die. 
Once the Senate changes hands in early 2015 to Republican control, it will still be virtually impossible for Congress to eliminate the Executive Actions through legislation, since for any measure to become effective, it must be signed into law by the President. And of course any Bill landing on the President’s desk which restricts implementation of his new programs will receive a Presidential veto, requiring at least a two-thirds majority vote in both the House and Senate to override it. ​
Reminder That TPS Status for Announced for Nationals of Liberia,    Guinea, and Sierra Leone Due to Ebola Outbreak 
Application Period: Nov. 21, 2014 and runs through May 20, 2015. 

As a direct result of the recent outbreak of the Ebola virus crisis in some West African countries, the Dept of Homeland Security has announced the designation of Nationals from Liberia, Guinea, and Sierra Leone for Temporary Protected Status (TPS) for 18 months. Effective Nov. 21, 2014 Nationals of Liberia, Guinea, and Sierra Leone who are currently inside the U.S. can apply for TPS status and receive a work permit.
You can find out more about documents and information you will need to qualify for the Executive Action DAPA or new DACA programs by calling our office at: 954-382-5378.
Helpful Immigration Hints You Can Use
California Set To Begin Issuing Driver’s Licenses To Undocumented Immigrants
Beginning on January 1, 2015, undocumented immigrants in the State of California will be eligible to apply for a California driver’s license. This is thanks to a law passed in 2013, enabling Immigrants to be issued special driver’s licenses which are distinguished from the regular licenses issued to Citizen and other legal Immigrants.
Immigration How To:
How Do I Get My Green Card When It Was Approved - But I Never Received It?
Meanwhile, Conservative State Governors are getting in on the act, with numerous States filing a joint lawsuit in federal court trying to block the President’s Executive Actions on Immigration from taking effect. States included in the suit are Texas, Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Montana, Nebraska, South Carolina, South Dakota, Utah, West Virginia, Wisconsin, Mississippi, Maine, North Carolina and Idaho.

The suit claims that the Deferred Action program caused a humanitarian crisis on the Southern border of Texas, with waves of immigrants flooding into the State in the belief that they would be given amnesty. The States request that the court block the Department of Homeland Security, U.S. Customs and Border Protection and USCIS from implementing parts of the Executive Action which they call “a promise to openly tolerate entire classes of undocumented immigrants” and claim that their States will have a substantial increases in undocumented immigrants if the court doesn’t step in. 
White House spokeswoman Brandi Hoffine dismisses their claim, saying that “The Supreme Court and Congress have made clear that federal officials can set priorities in enforcing our immigration laws,” . Many experts also these State efforts as futile, predicting that all the fuss will soon die down and everyone will get back to the more practical issues of budget talks and holiday shopping. Stay tuned…
Questions & Answers
Question:  Hello! I filed an Immigration petition for my sister about 3 years ago. She is married with 3 kids. Recently my father became a US citizen. Instead of filing a new petition, is it possible to change the petitioner from me to my Dad to reduce the processing time with the petitioner being a parent rather than a sibling. What would be the best possible way to do this? I would appreciate your time for quick response. Thank you.
Answer: Unfortunately, an I-130 Family petition filed by one family member cannot be transferred to another. Similarly, the date of filing the original I-130, called the “Priority Date” cannot be used for the second I-130 filing by another family member. Your father can file the I-130 for your sister now. The Immigration category for adult married children of U.S. Citizens, is F3 and the visa waiting line is about 10-12 years. However, the petition you filed for your sister in the F4 category has a waiting time of about 12-14 years. Since you filed the petition 3 years ago, the waiting time would be about the same, even if your dad files the F3 petition now.
Question: Hi, I would love to retire in Florida, I am an Italian citizen 50 years old, wife 54 and a son 17. I am an employee at an EU institution and currently looking for a house to buy in Florida. My pension is in a few years and would like to plan and retire in the US legally. Can you help.
Answer: Currently, the U.S. does not have a retirement visa. Maybe by the time you retire, we will! Until then, you can use your Visa Waiver and come in for 90 day periods several times per year. I hope this information is helpful to you.
Question:  My son is a U.S. Citizen and living in Colombia, while I’ve been living in the U.S. for over 10 years. Will I still qualify for the Parent executive program if he doesn’t live in the U.S.?
Answer: The memo released by the Administration outlining DAPA eligibility does not require stateside residency of the qualifying child, however, that may be subject to change once the details are provided in the next several months.
Question:  I am seeking information in regards to the new immigration reform for my son who has been attending college for the past 2 years on the F-1 student visa. He is going to graduate in the spring of 2015 with a degree in computer programming. My question is, under the new reform is he eligible to work and or stay in the US? And if he is eligible what steps does he need to take to complete the process of obtain the necessary permits. 
Answer: Under the Executive Action, only students who are in the U.S. and not in legal immigration status are eligible. As a current F-1 student, enrolled in school, your son is not eligible for Deferred Action. He is NOT allowed to stay in the U.S. under the DACA program, because he does not qualify. However, as an F-1 student, once his studies are finished in 2015, he eligible to receive a work permit for a year or more and if he has a U.S. company willing to sponsor him, he may be able to get an H-1B work visa and even Residency. 
Here's What To Do When Your Residency Has Been Approved - 
But You Never Received Your Card
Immigrants approved for Residency through adjustment of status in the U.S. receive a “Welcome Notice” shortly after approval, then the actual Green Card several weeks later. However, in some instances, a month goes by after receipt of the notice – with no Green Card.
The USCIS now sends Green Cards by Priority Mail. When Immigrants have not received their Green Card after several weeks, they can contact USCIS’s Customer Service Center at 800-375-5283 to request tracking information for their documents. USCIS customer service representatives will provide customers with their USPS tracking number and current USPS delivery status.