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  Immigration News & Updates              eNewsletter

  POSTING DATE: MAY 4,  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
Republican Lawmakers Consider Ending Immigrant Birthright Citizenship
Questions & Answers
Question: Hello, Good day!! Can you help me about my wife’s approved case at NVC which was filed by her elder sister in July 2003, when my wife was unmarried. We got married in 2004 and at present we have 2 children. But the immigration case at NVC is only for my wife. Do we need to submit our information i.e marriage certificate, Childs birth certificate to NVC now? Or wait for NVC notice when her case becoming current. What will be the next procedure to include us with her IV case? How can we notify to NVC? Highly appreciate your advice on this.
Answer: When your wife’s case is ready for National Visa Center (NVC) processing, they will send bills to her sister in the U.S.. At that time, her sister can call the NVC and they will give her an address to send copies of the marriage certificate and birth certificates for you and the children. Then the NVC will send bills for the additional family members and your cases will all be processed together. Right now, there are Immigrant visas in the F4 family Immigration category for siblings of U.S. Citizens (and their spouse and children under age 21) for June of 2002. Since your Priority Date is July 2003, you have at least one year or more to wait in order to begin the final NVC processing. Let us know if we can assist your family in taking care of the National Visa Center Process.
In an effort to block the new USCIS Policy which will provide work authorization to certain H-4 spouses of H-1B work visa holders, a lawsuit was recently filed in the State of California by former Edison company employees. 

Experts believe that the H-4 spouse work authorization program, scheduled to begin on May 26, 2015 will be implemented by the USCIS. However, there is always a possibility that an “injunction” could be ordered by the Judge hearing the case, just as was done in Texas, only one day before the President’s other Executive Actions were to take effect. 
Lawsuit Challenges USCIS Policy 
To Provide Work Authorization 
To H-1B Spouses 
Outraged Democrats call the action an example of “…just how far shameless Republicans are willing to go to demonstrate their hatred for immigrants,", while many Republicans defended the measure, including Rep Bob Goodlatte, who was quoted as saying: "The question of whether our forefathers meant for birthright citizenship in all circumstances to be the law of the land is far from settled…In any event, we must still determine if it is the right policy for America today.". For now, the measure is awaiting further action. Stay tuned…

Read More about the proposed law:
Huffington Post

Read the Proposed Law:
Birthright Citizenship Act of 2015

Watch the Hearing:
​Birthright Citizenship Act of 2015 Hearing
On Capital Hill last week, House Republicans held a hearing on a recently introduced Bill called the “Birthright Citizenship Act of 2015”, to discuss the issue of ending the constitutional right which provides automatic U.S. Citizenship to all children born in the U.S., regardless of the parents Immigration status. 

Under the 14th Amendment to the Constitution, "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States,". However, some Republicans view this as providing an incentive to nationals from other countries to come to the U.S. in order to have their children born on U.S. soil and given automatic U.S. Citizenship, in a scheme called “birth tourism”. They argue that the 14th Amendment has been misinterpreted and should not apply to children of tourists and undocumented immigrants. 
Read more about the lawsuit:
Question: Good morning how are you!I wanted to know how do I go about gaining citizenship through my sister who was born in Florida but doesn't live there. What age would she have to be to be able to file for her siblings and how long will it take normally to have this process done and what all will be needed. Thank you in advance. 
Answer: That is a great question. Under Immigration regulations, U.S. Citizens, (whether born in the U.S. or Naturalized) can sponsor Parents and Siblings to immigrate to the U.S. and obtain U.S. Residency (a Green Card) once they reach the age of 21. The process for Parents takes about 8-12 months and the process for Siblings takes about 12-14 years. The U.S. Citizen does not need to actually reside in the U.S. until the final stages of immigration begin, when the I-864 Affidavit of Support is filed. At that time, with a few exceptions, the U.S. Citizen sponsor must prove that they reside in the U.S.. 
In contrast, U.S. Citizens can sponsor a Spouse or Minor children once they reach age 18. The process for Spouses and Minor children takes about 8-12 months.
Question: Hi I received an email that's says I won the diversity visa lottery and there is confirmation number and details . The email says I won the lottery and need to pay 735$ for the fee and if I pay the fee and send all the details to DV organization is there is any chance to get the visa and go back to my dream country USA.
Answer: Unfortunately, it is likely a scam, just trying to get money from you fraudulently. The DV Lottery does not notify winners by email. Applicants must visit the official State Department DV Lottery website and login in order to obtain information about whether or not they have won. This is a very old trick, often perpetrated on innocent Immigrants. 

Visit the official State Department DV Lottery website to find out if you have won the DV Lottery:
Official ​State Department DV Lottery website
Read more about DV Lottery scams from the State Department:
DV Lottery Scams
Immigration How To:
How Do I know Whether It’s a Scam?
For every government benefit and program, there is an equal number of scams designed to take advantage of innocent victims who believe they are eligible for a benefit or fearful of a government penalty. Immigration is no exception and in fact, is one of the most often victimized groups, since Immigrants often do not understand the law and how the systems works - a fact that scammers take full advantage of. 

My best advice is always to follow the wisdom our parents told us: “if it sounds too good to be true – it is”. Another important thing to remember is to follow your instincts. Whether threatened with extortion for money from a fake government employee or promised a Green Card or other immigration benefits for a large fee - which you have been advised you were not entitled to, stop and think, do your research, don’t get caught up in the excitement and become a victim. 
Common Immigration Scams You Should Avoid Falling Victim To:
 I commonly hear stories from many Immigrants who come to me after being scammed, and in almost every instance they tell me that in their heart, they knew something was wrong, but they simply did not listen! We can all learn from that. 

Click on the links below to read some good information about common scams to avoid:

USCIS Scam Warning
Fake IRS Scam

Helpful Immigration Tips You Can Use...
Did you know that the USCIS has a website which gives Immigrant and other workers the ability to safely check their own employment authorization status in the government system? Its True!
Visit the new My E-Verify site to check your status:
Website Allows Immigrant Workers To Self-check 
Employment Eligibility Status
 The USCIS has announced the creation of a new website which gives Immigrant and other workers the ability to safely check their own employment authorization status in the government system. 

Called “My E-Verify”, the website gives individuals free access to self-check employment eligibility and to see information about themselves that an employer might see about them in the government E-Verify system, as well as to assist workers to combat fraud and protect against identity theft.