Immigration Questions: (954) 382-5378
  Immigration News & Updates              eNewsletter

  POSTING DATE: MAY 11,  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
Presidential Candidate Hillary Clinton Favors 
Immigration Reform And Pathway To Citizenship
Questions & Answers
Question: I came to the U.S. on a tourist visa back in early 2003 and overstayed until now. My friend told me that there is a law that says that people who have been here for a long time can apply to get a Green Card for themselves, is that true?
Answer: Aside from the Lulac amnesty program in 1986, which allowed Immigrants who had been inside the U.S. prior to 1982 to obtain U.S. Residency (a Green Card), there is no other general law which allows Immigrants to apply for a Green Card on their own. Generally, once a foreign national enters the U.S. legally, but overstays, the only option to obtain a Green Card is through a real (for love) marriage to a U.S. Citizen.
The USCIS has released the dates for upcoming Naturalization Swearing-In ceremonies at several South Florida USCIS Field Offices:

Miami Field Office – May 15, 21, 22, and 29  
Hialeah Field Office – May 15 and 29
Oakland Park Field Office – May 15, 22 and 29
Kendall Field Office – May 15 and 22 
Calendar of Upcoming Naturalization Swearing In Ceremonies 
Scheduled In Some South Florida USCIS Locations
At a recent campaign event, Democratic Presidential Candidate Hillary Clinton told the crowd that she wanted to draw an early distinction between herself and Republican Presidential Candidates on the issue of Immigration. Clinton said that unlike the Republican candidates, she favors a pathway to citizenship for Immigrants in the U.S. without legal status as an “essential part of any overhaul in Congress”. 

However, as we all know so well by now, the President does not make the law, and any successful comprehensive Immigration Reform measure needs to be passed by Congress. 
Question: My mom has been living here in the U.S. as a green card holder for 7 years now and wants you to file for her citizenship. She wants to include my dad and her kids including me on her application so we can all get it together. I just turned 20 and live in the U.S. with my parents. My older brother is 27 and elder sister is 32 and they live in Canada. How long will it take for us to get our citizenship along with our mom?
Answer: Unfortunately, your mother’s application for U.S. Citizenship does not entitle you or any other family members to naturalize along with her. The USCIS form simply requires each Naturalization applicant to list their spouse and children – although these family member do not actually receive any benefits from it. 

In your case, as long as you and your father have been U.S. Residents for at least 4 years and 9 months, you can apply for your own Naturalization. Once your mom or dad becomes a U.S. Citizen, they can sponsor your older brother and sister to immigrate to the U.S., however, they will need to wait many years before an Immigrant Visa will be available.
Here are the current waiting times for adult children of U.S. Citizens:
1)F1 Immigration Category: Adult, Single children of U.S. Citizens (and their minor children under age 21) – approximate waiting time 7 to 8 years.
2)F3 Immigration Category: Adult, Married children of U.S. Citizens (and their spouse & minor children under age 21) – approximate waiting time 11 to 12 years or more.

Learn more about family immigration waiting lines by visiting our Family Immigration Visa resource section  
or by calling our office at: 954-382-5378.

Unilateral actions taken by the Executive branch such as President Obama’s Executive Actions are only temporary measures and can be challenged in Federal court, as with the President’s recent Executive Actions on Immigration, presently pending with the Federal Appeals Court in Louisiana. Most Republican Presidential candidates have not issued clear statements about their stand on Immigration, presumably avoiding the “hot button” issue until it must be dealt with as the race for the Presidency becomes more heated later this year. Stay tuned…

Read More About Hillary's support of Immigrants:
The Student and Exchange Visitor Program (SEVP) which governs foreign student visa status is reporting a new scam which targets foreign students in the U.S. on F-1 and M-1 student visas. Con artists contact students by phone, pretending to be from the SEVP, USCIS, Customs and Border Enforcement (CBP) or Department of Homeland Security demanding payment for I-901 fees up to $4,000 to avoid deportation. 

Students who receive such calls are advised not to pay any money and to contact their International Student department and the local police.  
Scam Alert: Scammers Target Foreign Students In The U.S. 
The reason is that even though your address is changed in the general USCIS database through the electronic online filing, this does not necessarily change your address in the database for any of your pending cases.  

So, as an additional measure, here are the instructions on changing your address with the USCIS:

** For those with pending cases, have your I-797 Notice of Action Receipt available for each case type.

1)Change Address on the USCIS Website: Go online to the USCIS Address Change page and complete and file the form for each pending case. Print out a copy of the filed form for your records and write the filing date on it. 

2)Call the USCIS 800#: Call the USCIS to notify them of the address change at 800-375-5283 and give them all your case numbers so they can confirm the change has been made in all the databases.

3)Infopass Appointment: For cases pending at local USCIS Field Offices, this is an additional step to be sure that the local office USCIS database has been properly updated. Give the information officer a copy of your address change (from online filing) and ask her/him to check the computer to confirm that the address has been updated. Good luck!
Tips on Changing Your Address with the USCIS When You Move 
Immigration How To:
How Do I Know If I Qualify To Apply For Early Naturalization?
Eligible U.S. Residents who are spouses of U.S. Citizens can apply for Naturalization early and obtain their U.S. Citizenship in only 2 years and 9 months.

Most U.S. Residents (Green Card holders) must wait for 4 years and 9 months before being eligible to apply for Naturalization. However, qualifying U.S. Residents who are married to U.S. Citizens are eligible to apply 2 years earlier, called “Early Naturalization”. To qualify under this expedited U.S. Citizenship process, a U.S. Resident must fall under what is commonly called the “3/3/3” rule. 1) The U.S. Resident must be married to their U.S. Citizen spouse for at least 3 years and 2) their U.S. Citizen spouse must have been a U.S. Citizen for at least 3 years and finally, the U.S. Resident must have held that status for at least 3 years (really 2 years and 9 months). 
Helpful Immigration Tips You Can Use...
Immigration regulations require that all immigrants change their address with the USCIS within 10 days of moving. This is done by changing your address on the USCIS website electronically. 

For those with cases pending with the USCIS, including family petitions, adjustment of status, work authorization, etc, not only must you change your address online, but as a safeguard through the USCIS 800 number as well. 
So, as long as the U.S. Resident meets these requirements and is not only currently married to, but continues to reside in a real marriage with their U.S. Citizen spouse – they can apply for early naturalization… now you know ...