Immigration Questions: (954) 382-5378
Immigration News & Updates eNewsletter
POSTING DATE: JUNE 9, 2014
This Week's Immigration News
Many TPS (Temporary Protected Status) holders have family members to sponsor then for Residency in the U.S., but for technical reasons, they are ineligible to obtain a Green Card because they did not enter the U.S. legally (meaning by being inspected by an Immigration officer).
However, a recent court ruling may change all that. The U.S. District Court for the Western District of Washington, just ruled that the granting of TPS status by the USCIS to an individual equates to granting “inspection and admission” into the U.S., thus allowing many Immigrants holding TPS status to qualify to adjust status to U.S. Residency inside the U.S. through sponsorship by a U.S. Citizen Spouse or Parent.
New Court Ruling Could Provide Residency For Many Immigrants With TPS Status
Similarly, Dreamers are often ineligible to obtain a Green Card in the U.S. because they did not enter the U.S. legally with inspection. However, those with Deferred Inspection status, who are able to obtain travel permits called “Advance Parole” to travel abroad for Humanitarian, Employment or Education related purposes, become eligible to adjust status to U.S. Residency through qualifying U.S. Citizen Spouses or Parents upon return to the U.S..
TPS holders and Dreamers can find out more information about obtaining Residency through qualifying family members by calling our office at: 954-382-5378.
Immigration News & Updates eNewsletter © 2011 - 2014
For questions about U.S. Residency, Green Cards and Immigration Visas, Visit our Website at: www.ImmigrateToday.com or call our office at: (954) 382-5378
Questions & Answers
Check Out This Cool Stuff For Immigrants....
Question: After being deported and given a 5 year ban, what are the chances of gaining entry through marriage when the 5 year period expires and is it a difficult process?
Answer: It will be difficult, but not impossible. You’ll need to be prepared to show extensive evidence of your relationship. You and your husband will need to fully document your relationship to prove it is real. Which should include numerous visits by your husband to see you in your country, funds transfers to you, hundreds of photos with friends and family, engagement party receipts/photos, church wedding/photos which include your husband’s family, joint bank accounts, joint property, car, etc
Helpful Immigration Hints You Can Use
Immigration How To:
How Do I Make An InfoPass Appointment???
Common Challenges In Obtaining Lost Documents From the USCIS
Immigrants often do not recognize how important it is to maintain immigration documentation until there is a desperate need for critical documents which have been lost, stolen or destroyed. Many Immigrants believe that the USCIS maintains complete files with visa, residency and citizenship information and approvals, which can be easily accessed once the need arises - and as logical as that is, it is incorrect. In fact, obtaining copies of immigration documentation can take up to six months or more through a Freedom of Information Act (FOIA) request and there is no guarantee that copies of all documents filed with the USCIS will be received. For instance, a FOIA request will not allow you to obtain copies of Receipts and Approval Notices, generally only copies of an immigration applications and supporting documentation. In order to obtain a duplicate copy of an Approval Notice, Form I-824 must be filed for each Approval Notice requested with a $405 filing fee for each one! Further, it can also take up to four months or more to receive the requested duplicate.
You can find out more about sponsoring Family Members for U.S. Residency by calling our office
InfoPass is a free service that lets you schedule an appointment at your local USCIS to speak with an information officer to make an inquiry about your immigration case. This service allows you to make an appointment via the Internet by going online to: USCIS Infopass Site
Just Select “Make An Appointment” and Type in your mailing address ZIP code (so that InfoPass will assign you to the correct office), then select the type of appointment you need to solve your problem (always important). You need to provide your name, date of birth, ZIP code and telephone number. Then you can choose a date and time for your appointment (if you don’t see a convenient time, check back with InfoPass – new appointment choices are made available each working day). When the appointment notice appears on your computer screen (showing the time, date and location of your appointment), print it out and take it to your InfoPass appointment.
The day of your Infopass Appointment, be sure to bring identification and all the documents relating to your case, including your:
Infopass Appointment Notice
Valid driver’s license
Employment Authorization Document, or Form I-551, Permanent Resident Card (‘green card”)
Form I-94, Arrival-Departure Record
All immigration forms, receipt notices, approval or denial letters, translations and original documents that relate to your inquiry.
Question: Hi, I’m a U.S. Citizen and I just had a baby two months ago. My mom came from Colombia 3 months ago to help out and is now staying with us helping me take care of the baby. We have been discussing the possibility of having her immigrate to America and come live with us. I am wondering if you can help us with the process and explain about the timing and whether my mom needs to go back to Colombia to get the Green Card. Thanks.
Answer: Parents of U.S Citizens are in a special category called “Immediate Relatives” which allows them to immigrate to the U.S. immediately, meaning they are not required to wait for a visa to be available like many other family categories. There are two options for Parents to obtain U.S. Residency, depending upon whether they have a U.S. Visa. The first option is called U.S. Adjustment of Status: This is for Parents who come to the U.S. on a Tourist or other legal visa and decide to immigrate, we can apply to adjust status to Residency inside the U.S., obtain their Work and Travel Permit within about 60-90 days and Green Cards within about 6-8 months. The second option, called Consular Processing is for Parents who either don’t have a U.S. visa or who prefer to stay in their home country while processing for an Immigrant Visa. The current processing time is about 8-12 months.
In your case, since your mom is already here, we can adjust her status to a Green Card while she is in the U.S. and there is no need for her to return to Colombia. If she does need to travel while waiting for her Residency, we can obtain a travel permit for her called “advance parole” which will allow her to travel in approx 60-90 days time.
The USCIS just published new rules and a new form for Dreamers to renew their “Deferred Action” (DA) status for an additional two years and for newly eligible Dreamers to apply for DA status for the first time. All applications must be made using the new edition form (06/04/14).
The first DA approvals will begin to expire in September 2014 along with employment authorization. However, since USCIS renewal processing time may take 120 days or more, Applicants should begin applying immediately to avoid a lapse in work authorization. Dreamers should also be aware that they are required to provide extensive documentary proof of maintaining physical presence in the U.S. since being granted DA status two years ago. Those who do not provide adequate evidence will delay case processing and may even result in denials.
Time For Dreamers to Renew Status and Eligible New Applicants
To Apply For “Deferred Action”
You can get more information about applying for or renewing Deferred Action
by calling our office at: 954-382-5378.
Copies of immigration receipts, notices and I-94 cards are important because in most immigration cases filed for U.S. Residency, Citizenship and family petitions for relatives, the USCIS requires that documentation to establish qualification is submitted along with the application. For instance, when a U.S. Citizen has filed a family petition for a relative and the relative is now filing for a Green Card (adjustment of status), he or she is required to provide the USCIS with a copy of the I-130 Receipt/Approval Notice along with the Green Card application, showing that the relative petition was approved. However, if the Receipt/Approval Notice has been lost, the USCIS does not automatically obtain the relevant information from it’s files. Instead, it issues a “Request For Evidence” directing the applicant to provide that documentation with a deadline of 87 days to do so. In such cases, the immigrant must file Form I-824 to obtain a duplicate of the required notice and wait until it has been received. In cases where the I-824 processing exceeds the 87 day deadline, the USCIS can deny the entire case for failure to respond to the request. The immigrant can send a copy of the I-824 Notice of Action receipt in response to the request, asking for additional time to respond, however, there is no guarantee that the extension of time will actually be granted.
Another example is that of the all important I-94 (Arrival/Departure) card, which establishes that an immigrant entered the U.S. legally. In most cases, many immigration benefits are unavailable to individuals who are not able to provide a copy of their I-94 card to the USCIS at the time of application. In such cases, Form I-102 to obtain a duplicate I-94 must be filed with a $330 filing fee.Similar situations occur when naturalization certificates are lost or destroyed, however processing times for duplicates can take up to one year or more and the filing fee is $345.
Final note, the sooner lost documents are replaced, the better. At this time in history, lack of documentation may affect one's ability to drive, to travel, or to demonstrate the ability to work legally in the U.S., so protect your status, by keeping your immigration documents safe!