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

  POSTING DATE: June 26,  2017
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Immigration News & Updates eNewsletter ©  2011  - 2017 
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
This Week's Immigration News 
By Immigration Attorney Caroly Pedersen

Question: My boyfriend is here on a student visa, but he quit school to work because he needed to support himself. I just got my American citizenship last week and we want to get married and put in his immigration papers. Can you do it now or is there a certain waiting period for me to file for him after we get married? Can you please explain to me a little about the process and what kind of documents you need?
The Department of Homeland Security (DHS) recently announced that it has cancelled the DAPA program (Deferred Action for Parents of Americans and Lawful Permanent Residents) (“DAPA”) which President Obama had enacted through an Executive Order in 2014. 

However, this cancellation will have no real affect for Immigrant Parents, since Obama’s DAPA program was never allowed to go into effect. On the eve of its implementation date in 2015, the State of Texas sued the Obama administration in order to stop the measure from being instituted. Since that time, it has been tied up in the courts.
Trump Terminates DAPA But Decides To 
Keep DACA, At Least For Now….
Answer: That is a great question. There is no waiting time required for filing for a spouse’s Residency once a couple is married, in fact, the Residency application along with request for work authorization can be filed the next day, as long as you both meet the qualifications. 

Requirements include your new husband having a medical examination by a doctor authorized by the USCIS (and include the original exam results in a sealed envelope along with the application package), submission of a qualifying Affidavit of Support with financial and tax documentation, Biographic information and documentation to establish your marriage and eligibility (including Birth and Marriage Certificates, Naturalization Certificate and Divorce decrees (if applicable)). Once filed, it takes about three months for him to receive his work permit, then once applied for, several more weeks to receive his Social Security card. The Residency Interview is usually scheduled within 6-8 months of filing the case and then it takes about 15 to 30 days to receive his Green Card as long as everything goes well at your interview. See you next week.
Helpful Immigration Tips You Can Use
Visit USCIS Facebook Page
Yes, even the USCIS has a Facebook page. You can visit the USCIS Facebook page by clicking on the link below:

USCIS Facebook Page
Under President Obama’s DAPA program, Immigrants who entered the U.S. on or before January 1, 2010, who were Parents of U.S. Citizens and Residents on or before November 20, 2014, would have been eligible to obtain DAPA status and a work permit. Now that the DHS has cancelled the program entirely, DAPA is dead and will never be revived under a Trump Administration.

The good news is that at least for now, Trump has allowed the 2012 DACA program (Deferred Action For Childhood Arrivals) for Dreamers to continue. Under DACA, children who entered the U.S. before age 16 on or before June 15, 2007 and who were under the age of 31 on June 15, 2012 are eligible to obtain DACA status and a work permit as long as they don’t have any serious criminal convictions and have either graduated from High School, obtained a GED or are currently enrolled in school at the time of application.

You can get free information about qualifying for DACA 
by calling our office at (954) 382-5378
Under current law, all men in the U.S. between the ages of 18 through 25 are required to register for military “Selective Service”, which is also often referred to as the "draft." The draft is a procedural measure which could be used by the U.S. government to gather military forces in times of war. The only time in the history of the U.S. that the draft was actually used was during the Viet Nam conflict. However, the requirement for registration under Selective Service remains.

This requirement applies to Immigrants as well, including U.S. Residents (Green Card holders), Refugees, Asylees, Special Agricultural workers, and under recent policy changes in the past few years, even to undocumented foreign nationals who are in the U.S. in one of these categories between the ages of 18 and 25. The Selective Service registration requirement does not apply to nonimmigrants in a temporary status in the U.S. such as, diplomats, tourists, H1B workers, J-1 visitors, students, etc.
Failure to register for Selective Service has serious consequences for U.S. Citizens and immigrants as well. U.S. Citizens can be denied certain federal benefits including federal employment, while immigrant have an additional penalty which can result in denial of U.S. Citizenship. During the Naturalization process to become a U.S. citizen, U.S. Resident men who immigrated to the U.S. or were in one of the above categories during the ages of 18 to 25 must prove that they registered for Selective Service. Failure to register can result in denial of U.S. Citizenship if the U.S. Resident makes the Naturalization application within five years of the failure (age 30), although there are exceptions applied for those who can show that they did not “knowingly and willingly” fail to register. Naturalization applications after age 30 can be denied failure to register, however applicants are given an opportunity to submit documentation to explain why they failed to register and should be prepared to give a reasonable explanation. 

Visit the Selective Service registration site 
Question: I filed for my citizenship and never received my receipt. I got my biometrics appointment notice to do my fingerprints but that was all. Is that all I will get or am I entitled to the actual receipt for my case? What should I do now?
Answer: Yes, occasionally that happens that an applicant fails to receive a receipt once the application is filed. This can be very inconvenient and irritating! Here is some advice which should help you track down the case number and assist you in getting a copy of the receipt. The money order or check which was cashed by the USCIS has your case number typed on it. However, a very common problem then is getting a copy of the money order. Because of this, it is usually easier to get a copy of a money order issued by your bank (i.e., Wells Fargo, Bank of America, etc.), rather than a convenience store or similar store, which takes a lot of time and annoyance. Banks are usually quick. Once you have the case number, call the USCIS 800# and let the operator know that you have not received the USCIS receipts and request that they resend it. They will request personal information including your full name, Alien registration number, address, date of birth and put in a request to have a duplicate receipt sent out to you. Good luck!
Immigration How To 
How Do I Register My Child For A Social Security Card After Birth ?
​This is an important topic for foreign parents who do not have legal immigration status and have a baby born in the U.S., Registering a child born in the hospital for a social security number is part of the process called Enumeration at Birth (EAB).

This process is vitally important because it facilitates the issuance of the child’s Social Security Number(SSN) and entry into the State Vital Records showing the child is a U.S. Citizen. 
Problems can arise, however, when parents are not asked about the SSN issuance or do not understand and agree to sign for issuance. The result is that the child is not automatically issued a SSN. When this happens, an application for the child’s SSN must then be made with the Social Security Administration (SSA). Under current policy, only foreign national parents and family members with valid immigration status can file an application for a SSN on behalf of the child. Even Foreign passports are not acceptable unless they contain current immigration entries, such as an I-94 or a stamp or visa indicating it is temporary evidence of permanent resident status.

This creates a problem for parents who do not have a current, unexpired Passport and I-94 or other valid legal status. Therefore, until the policy is changed to allow undocumented parents to apply to the SSA for a SSN for their U.S. children directly, the best approach is to make sure that the application for the SSN is made during the hospital birth registration process and that parents confirm with hospital personnel while still admitted to the hospital that the application was completed with a request for the SSN and notification to the states’ Vital Statistics office.
The EAB program assigns SSNs to newborns as part of the hospital birth registration process. During this process, the hospital representative asks the parent for information to complete the birth certificate, and if they would like the State's vital statistics office to forward information to SSA to assign an SSN. If the parent agrees, the hospital representative checks a block on the form indicating that the parent wants an SSN assigned to the child. The State vital statistics office then provides SSA with an electronic record used to assign an SSN and issue a card. 
Understanding Selective Service Registration 
Requirements For Immigrants