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

  POSTING DATE: JUNE 15,  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
Questions & Answers
Question:I am married to an American and we filed for my green card a few months ago and I got my receipts and did my biometrics appointment at the immigration office. But then we received a letter from Immigration asking me for a copy of that little paper called the I94 card. I came in the U.S. as a tourist back in 2002, but I lost that card a long time ago. We wrote a letter back to Immigration explaining that I lost it and could not provide it, with a copy of the entry stamp in 2002 in my passport. But we were so shocked last week when we got a letter denying my residency case because I didn’t have that card! That means that we lost all the $1500 filing fees! We just can’t believe it – is it true that they can really deny my green card just for that? Can you please do something because I just don’t have that paper anymore!
Answer: Unfortunately, what you are experiencing is a very common problem. Immigration regulations require that an immigrant prove that he or she entered the U.S. legally. The little I-94 paper you are referring to, called an “Arrival/Departure” card is issued by the Immigration officer to every visitor who enters the U.S.. Without providing the USCIS a copy of the card, to prove that you entered the U.S. legally, the USCIS will deny your residency case, even when you provide other evidence of entry, such as a copy of the entry stamp in your passport. These days, the U.S. Customs and Border Patrol CBP no longer issues I-94 cards at the border and instead, allows Traveler’s to access and download I-94 printouts for entries within the past several years from their website, but it does not provide records that go back far enough to access your I-94. 
What we will do is simply to apply for your I-94 replacement and reapply for your residency case immediately with evidence that the replacement has been requested. The USCIS will then process your case and we will provide you with your I-94 replacement card to submit to the USCIS Officer at your residency interview. The U.S. Customs and Border Patrol website allows Traveler’s to access and download I-94 printouts for entries within the past several years, but does not go back far enough to access your I-94.
National Visa Center Announces Advisory 
For Website Technical Glitches
The National Visa Center (NVC) has been experiencing ongoing technical problems which have made it impossible for many Immigrants to access and complete the required DS260 Immigrant Visa Application and to pay the Immigrant Visa and Affidavit of Support Fee Bills.
As a result, the NVC has issued instructions for those affected by the technical glitches, until the issues are resolved:

Payment of the Immigrant Visa processing and Affidavit of Support fees

For those who have received fee bills and are unable to pay the fees through the online system, payment can be made by mail. Be sure to include a copy of the fee bills, along with a cashier’s check or money order payable to the U.S. Department of State for the amount listed on the bills. The NVC does not accept personal checks. Also be sure to write your NVC case number on the memo line of the cashier’s check or money order. Mail the payment with the fee bills to: NVC Fee Processing Center P.O. Box 790136, St. Louis, MO 631790136.
Department of State Releases July 2015 Visa Bulletin
The Department of State (DOS) has released the July 2015 Visa Bulletin, which provides updated dates for Immigrant Visa availability in the various family sponsored immigration categories. Spouses, minor children and parents of U.S. Citizens are not listed, because there is no waiting line for these immigrants called “Immediate Relatives”. For all other family sponsored immigrants, there are waiting times for a visa to be available as follows:​
Helpful Immigration Tips You Can Use
USCIS Immigration Application Filing Tips
The USCIS recently issued a reminder for Applicants and Petitioners to include an Apartment Number with the address on the forms, according to its requirements. Each year hundreds of packages, notices and even Green Cards to Applicants by the USCIS are returned as undeliverable. 

Frequently, this is due to the fact that the Applicant or Petitioner did not include the apartment number correctly on the forms. And of course, you should always keep your address up-to-date and file a change of address within 30 days of moving to a new location. You can get more filing tips and make your address change online by clicking on the link below: 

USCIS Change of Address Online Form
USCIS Filing Tips Page
Immigration How To:
How To Apply For The Haitian Family Reunification Parole Program?
Learn More About the Haitian Family Reunification Parole Program
In accordance with the Department of Homeland Security's (DHS)  announcement late last year, it will begin implementation of the special program for family members of Haitian Immigrants in the coming months. The Haitian Family Reunification Parole (HFRP) Program will expedite family reunification for qualifying Haitian family members of U.S. citizens and U.S. Residents.
This likely means that Parents, Spouses and Minor children of U.S. Citizens and U.S. Residents will be eligible to come to the U.S. immediately once the program commencement dates are announced. Other relatives including adult children and siblings will need to wait longer, depending upon when the I-130 petition was filed by their sponsoring relative. 

The Department of State National Visa Center (NVC) will soon begin contacting eligible U.S. Citizens or U.S. Residents with approved I-130 petitions for Haitian family members, to begin the application process for their Haitian relatives. 
Under the new program, eligible Haitian family members in Haiti who are beneficiaries of approved family-based immigrant visa petitions, will be allowed to come to the U.S. for up to approximately two years before a visa will become available to them (their Priority Date on the I-130 Approval Notice). 
Once inside the U.S. under the program, Haitian family members will be issued Work Permits while they wait for their U.S. Residency to be approved.
Access to the online DS260 form

Those who have been unable to access the online DS260 Form should wait up to 10 days while the NVC works on correcting the technical issues. If you are unable to access the form after that time, 

The NVC advises calling the center at the telephone number provided on the NVC instructions.

Read the NVC Advisory:
NVC Notice
Family-Sponsored Immigration Categories: 

F1 Adult, Single Sons & Daughters of U.S. Citizens 

F2A Spouses and Minor Children of U.S. Residents

F2B Adult, Single Sons & Daughters of U.S. Residents

F3 Adult, Married Sons & Daughters of U.S. Citizens 
(and their Spouse and Minor Children)

F4 Brothers & Sister of U.S. Citizens 
(and their Spouse and Minor Children)
Generally, F1 Adult, Single Sons & Daughters of U.S. Citizens have to wait about 7-8 years, F2A Spouses and Minor Children of U.S. Residents have to wait about 1 ½ years, F2B Adult, Single Sons & Daughters of U.S. Residents have to wait about 7 years, F3 Adult, Married Sons & Daughters of U.S. Citizens (and their Spouse and Minor Children) have to wait about 12 years and F4 Brothers & Sister of U.S. Citizens (and their Spouse and Minor Children) have to wait about 12-14 years. 

Read more about waiting times for family immigration:
Understanding the Immigrant Visa Process
Question: I have 3 U.S. citizen kids born in America ages 8, 12 and 17 during the time my wife and I were in the U.S. on student visas. I also have a sister that is a US citizen. I would like to move to the U.S. so my kids can grow up there and I can work and be able to support them. How do I obtain legal status to live and work in the U.S. so we can move there together? 
Answer: As the parent of young U.S. Citizen children, immigration regulations do not provide any special immigration benefits which would allow you to live in the U.S. with your children, at least one of the children reaches age 21 and can sponsor you for your U.S. Residency (Green Card). Your sister can file an immigration petition to sponsor you to immigrate to the U.S., but Sibling immigration sponsorship has a long waiting line, approx 12-14 years (F4 Family Preference Category). There are other options available which you might want to explore, including obtaining an investment, work or study visa for yourself which would allow you to live in the U.S. with your children. I hope this is helpful to you. Please let me know if you would like more information on investment, work or study visas.

You can find out more about Family Immigration by visiting our website at: or
by  calling our office at: (954) 382-5378.
Immigrant Visas Available For All Countries except, China, India, Mexico and Philippines- I-130 Filing (Priority Date):

October 1, 2007  

November 8, 2013

October 15, 2008 

March 15, 2004

October 22, 2002