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  Immigration News & Updates              eNewsletter

  POSTING DATE: APRIL  20,  2015
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This Week's Immigration News 
By Immigration Attorney Caroly Pedersen

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Immigration News & Updates eNewsletter ©  2011  - 2015 
For questions about U.S. Residency, Green Cards and Immigration Visas, Visit our Website at: or  call our office at: (954) 382-5378
USCIS Launches New Webpage To Assist Immigrants in Locating Authorized Physicians And Understanding Requirements For The Medical Examination 
Questions & Answers
Question: Good evening. If my husband’s dad was filing for him but the process stopped and the son got married after, will the process have to start all over to continue from where it stopped and to add his wife name to the process?
Answer: That is a great question. Generally, when a U.S. Citizen parent sponsors an adult child and the child later marries, the petition remains valid, just takes longer. For instance, when a U.S. Citizen parent sponsors a single adult child, the case is in the F1 Immigration category, which is about a 7-8 year waiting line. If the child later marries, the case moves down to the F3 Immigration category and the time increases to 12+ years. However, if a U.S. Resident sponsors a single, adult child and the child later marries, the petition is automatically cancelled, since there is no Immigration category for adult, married children of U.S. Residents.

In your case, as long as your husband’s dad is a U.S. Citizen, and the I-130 petition is approved or still pending and has not been denied for some reason, then your marriage after the case was filed will not affect the case in any negative way, except that the time it takes to obtain an Immigrant visa and immigrate to the U.S. will significantly increase. On the bright side, you’ll be able to immigrate along with your husband.
The only issue I would caution you about in your message is when you say the “process stopped”. If you mean that the father withdrew the I-130 or the case was cancelled due to inactivity, then the entire case may need to be filed all over again. In this case, I think you need to get more specifics and call me.
The USCIS recently launched 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. 
The Visa Bulletin released by the State Department each month, details the current waiting times for Immigrant Visas in Family and Employment Immigrant Petition cases. 

Read the new Visa Bulletin:

May 2015  Visa Bulletin
Visit the new USCIS webpage:

USCIS Medical Examination
State Department Releases The New 
Visa Bulletin For May 2015
The USCIS recently announced that DREAMER’S eligible to file DACA renewal applications should file renewal petitions within 150 days prior to the expiration date of their current period of DACA status to avoid processing delays. 

Previous USCIS reminders advised filing renewals 100 days in advance, however due to backlogs, processing may take longer resulting in a lapse of status and work authorization. 

Read the USCIS DACA announcement:

USCIS DACA announcement
USCIS Advises DREAMERS To File DACA Renewal Applications Early Due To Processing Delays
Question: My I-130 petition for alien relative was approved on 19th August '14. Now I am in that queue for another 10-12 years. My question is, I have a BI/B2 valid visa for another 4 years. Can I travel in to United States using that visa and then apply for a work permit and wait in the United States till the time National Visa Center NVC) in Washington grants me an Immigrant Visa.
Answer: Unfortunately, under Immigration regulations, family members sponsored by U.S. Citizens and Residents in the F1, F2A, F2B, F3 and F4 (in any other category except that for spouses, minor children and parents) are not allowed to live and work in the U.S. while waiting for the Immigrant visa process to be completed, which can take many years. Foreign family members like yourself who have U.S. Tourist visas can come and visit the U.S. for short periods, but cannot stay. When a family member in the F1 through F4 categories does overstay in the U.S., he or she loses the opportunity to immigrate in many cases. The only exception would be if you were able to obtain a legal work, study or other visa which would allow you to remain inside the U.S. during the period of that visa. H-1B work visas are all gone for this year and won’t be available until April of 2016. An F-1 student visa may be an option for you, but you would not be allowed to work while pursuing your studies. If you took that option, once you graduate, you would receive at least one year of work authorization and perhaps you could even transition to an H-1B work visa at that time.

So for now, look at your legal visa options and otherwise, just be patient, come here for visits and make sure that you leave before your authorized stay expires. Good luck!

Find out more about Family Immigrant Visa Waiting Lines:
Understanding Family Immigration  Waiting Lines
Helpful Immigration Tips You Can Use...
Stay Informed - Sign-up For USCIS E-Notification & Email Updates 
On Your Immigration Case 
To request e-notification, download and complete form G-1145 and mail along with all Immigration applications.  

Once you receive your case number, go to the USCIS website and sign up for Email Status updates on your case through the USCIS My Case Status program. Once you register and enter your case number(s), the USICS will automatically email you notifications and updates on any actions take on your case so that you are better informed about your case status. 
For instance, once your Immigration application is filed, the USCIS may issue you a letter requesting more evidence in order to continue processing the case. If you are registered to receive case status updates, you will receive an email notification that the USCIS has issued the request, which helps you to be aware that you should be receiving the request by mail soon. If you have not received the request, you can then make further inquiries. Similarly, once you respond to the USCIS request, you will receive an updated email notification that they have received your documentation. It’s a great way to stay informed and keep up to date on the status of your case as it is being processed.
The USCIS now offers several ways for Applicants to get updates on newly filed and pending Immigration cases. Immigrants and Sponsors filing Immigration applications with the USCIS can now sign-up to receive text messages and email E-notifications confirming application receipt by the USCIS, along with the case receipt number(s). The receipt number allows individuals to track the status of their case online. E-notifications are issued within 24 hours after the USCIS receives the application.
Take the Naturalization Self Test
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