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  Immigration News & Updates              eNewsletter

  POSTING DATE: JULY 13,  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: Good morning. I need your advice. If my husband petition for my son and I and my son live in another state with a relative who is a teacher because I want my son to get his grades up. Will this be a problem?  
Answer: Yes, that could be a big problem and I would urge you not to have the case filed until you and your son are living together with your spouse in the same house. 
Donald Trump’s Vile Comments About Immigrants 
May Increase Chance Of Immigration Reform
In a mad scramble to silence the obsessive talking head, Republican leaders issued a warning to Donald Trump last week, asking that he “tone down” his anti-immigrant rhetoric… but it remains to be seen whether Trump will actually heed that advice, or more likely, “turn up the volume” instead. 

And as if there were any question, Trump’s verbal attacks against Immigrants and enthusiastic support for his ideas among many conservatives, including Presidential candidates like Ted Cruz, seems to have clearly spotlighted commonly held Republican sentiments towards Immigrants in America. To be fair, conservatives often try to walk a very fine line between their anti-immigrant conservative voters and potential Hispanic voters whom they do not want to alienate. 
Helpful Immigration Tips You Can Use
Immigration How To:
How To Prove Sibling Relationships Through DNA Testing
New USCIS Program Offers Free Online Tools 
For Naturalization Preparation
The USCIS has announced a new program to increase awareness about online Naturalization tools available for U.S. Residents who are applying for U.S. Citizenship. 

These tools include an online Citizenship Resource Center, Civics and Citizenship Toolkit for information on citizenship and naturalization topics, study guides and tests and Literacy resources, to assist Residents in learning or improving written English writing skills.
However, unlike other conservatives, Trump does care about the Latino vote and does not censor himself, instead just blurting out exactly what he and his conservative supporters believe. As a result, Trump’s recent absurd ramblings about Immigrants has put all the Republican “dirty laundry” out on the table, forcing conservatives to address the issue head on. And while Trumps commentary is truly repugnant, the upside is that conservatives may be so embarrassed by his escapades and so fearful that he may have single-handedly turned the entire Hispanic population in American against the Republican Party, that extreme measure like an actual Immigration Reform law would be warranted to salvage any possibility of ever obtaining the Latino vote again.

In fact recently, while giving a speech to the Chamber of Commerce in Ireland, Republican Speaker of the House John Boehner told reporters that he was committed to getting Immigration Reform passed and Congress should resolve the issue “sooner rather than later”.
Question: Good Morning Caroly, I received this email today, is this a hoax? Its an email from the Kentucky Consular Center (KCC) congratulating me because I won the visa lottery. Please see the attachment thanks.
Answer: Nice to hear from you, I hope all is well!! Yes, this is a scam, it’s not real. The KCC and NVC does not send email or letter notifications to any winners. Lottery Visa applicants are required to login into their Lottery Visa account on the official State Department Website to see if they have won. Just disregard it.

Here is the Fake Lottery Visa notification letter:

From: KCC Notification <[email protected]>
To: your name [email protected]
Sent: Wednesday, July 8, 2015 6:09 AM
Subject: your name - KCC Application Notification (2015977C8FGM7755)

Kentucky Consular Center (KCC) sent this message to (scam victim’s name). Your registered name is included to show this message originated from Kentucky Consular Center (KCC)

Dear scam victim’s name,

Thank you for being a valued U.S. Consular Electronic Application Center (CEAC) customer. We wish to notify you that you have been selected as one of the Diversity Visa Program person for receiving a Green Card. You can live permanently in the United States as an American resident, enter and leave the country as you wish. You can work, study, or invest. You can gain health, education, social security and other benefits. Getting a Green Card does not affect your present citizenship.

Confirmation Number: 2015977C8FGM7755
Name: scam victim’s name
Marital Status: NO
Phone Number: 13054456480

Please click the link bellow and start the integration process in the United States as soon as possible.

If your link doesn't work, it's possible that it was broken by your email system. If the link isn't clickable or part of the link is cut off, please copy and paste the entire URL into your browser's address bar and press Enter;.

This email is Sensitive but Unclassified based on the definitions provided in 12 FAM 540. 

Question: Dear attorney, I just want to know if me and my husband have a chance to go back to America and apply for a work permit if the Obama DAPA program is approved by the court. Me and my husband have our daughter who was born in America and she is 11 years old now. We came to America many years ago and left in 2013. Do we have any chance ? thank you.
Answer: No, unfortunately, if enacted, Obama’s Executive Action reform only applies to Parents of U.S. Citizens who have been continuously physically inside the U.S. since at least January 1, 2010. Parents living outside the U.S. do not qualify.
Question: I am a Canadian Citizen in the US and I want to apply for my green card after I marry my American citizen fiancée. My question is, since Canadians are allowed to come to the U.S. through the border without a visa, and I did enter legally, am I still allowed to get married in America and apply for residency without having to go back to Canada? Does it matter if we get married before or after I have been here for 6 months, any difference?
Answer: Canadian’s inside the U.S. can adjust status through marriage to a U.S. Citizen and obtain a Green Card here without the need to travel back to Canada. Once the petition for residency is filed, it takes about 90 days to receive work authorization and another several weeks for a social security card. The marriage residency interview is generally scheduled within 4-6 months of application. As long as the Canadian initially enters the U.S. with the “intent” to visit, then later plans change and the intent changes to immigrate, there should be no problem. If you apply for residency before your six month stay expires, you are eligible for a travel permit which would allow you to travel abroad while your residency is pending. However, if you wait until after your stay expires, you may not be eligible, but it will not negatively impact your residency case. Let us know if you want us to handle the Residency case to obtain the Work Permit and Green Card. 

Question: My son is 16 years old and a citizen of the British Virgin Islands. His American aunt wants to take guardianship and for him to finish high school in the US. She wants him to go to public school.
Answer: Your son may be eligible for an F-1 student visas if he attends a private school which qualifies for F-1 student visas. The F-1 visa would not be available to your son to attend public school.
Obtaining Proof of Residency While Waiting For Green Card Replacements and Renewals
U.S. Residents who have lost a Green Card or who’s Green Card requires renewal must apply for a replacement or renewed card with the USCIS (using form I-90). However, government processing times required to receive the new card can often take three months or more, which can be quite an inconvenience when a Resident needs proof of U.S. Residency to renew a Driver’s License, obtain a employment and even travel. 

As a result, Residents who have filed the request and received the USCIS Receipt Notice (called a “Notice of Action”) can obtain a temporary Residency stamp in their passport, called a “I-551” which provides proof of Residency status for up to one year.
To obtain the stamp, Residents should go online and make an Infopass Appointment at their local USCIS office. If your circumstances are urgent, for instance your Driver’s License is expiring, and an Infopass Appointment is not available online, some USCIS offices will also serve walk-in customers. Generally, walk-in customers should go to their local office as early as 7am as possible to ensure acceptance.

Residents should bring the following documents to the USCIS when making the request: 

1) InfoPass appointment notice (if appointment was scheduled); 
2) Valid passport; 
3) USCIS Receipt Notice (called a “Notice of Action”) to prove that Form I-90 was filed and is pending;
4) Copy of your lost or expired Green Card, if available; 
5) Copy of your date-stamped Biometric appointment notice showing you had your biometrics taken if that is the case;
6) Proof of residence within the jurisdiction of the USCIS office, for instance, utility bill, valid driver’s license, etc.;
7) If you have an urgent situation and you plan to apply as a walk-in, you’ll need to bring documents to prove why you need the I-551 stamp on an emergency basis (i.e. airline ticket, flight itinerary, expired driver’s license, for travel: doctor’s letter or death certificate, along with evidence of the relationship to an ill or deceased relative; company letter if emergency travel is work-related, etc.).
The USCIS changed its policy regarding it use of DNA test results for Sibling cases, where both siblings share a common parent. Under the current policy, based upon current scientific standards, the USCIS will no longer consider DNA test results for siblings to prove the biological relationship. The reason is that the DNA testing industry has not established reliable probability standards for sibling-to-sibling DNA test results, so the resulting test results can’t be relied upon for accuracy.
USCIS Policy On DNA Testing for Siblings
Under the currnet policy, the USCIS can consider DNA tests between the siblings and their common parent, since those tests have proven to be accurate. So for instance, if a U.S. Citizen sister sponsors her brother, who had the same father, but not the same mother, the U.S. Citizen and her father could have their DNA testing done and the brother and his father could likewise have their DNA test done. 

If the DNA for both siblings shows common DNA with their father, then the USCIS could assume that the sibling are biologically related. Sibling cases which have been denied in the past can refile and use the new policy to prove the biological relationship. 
Read the USCIS Sibling DNA Testing policy Memo:

USCIS DNA Testing Memorandum
This is important because in sibling sponsorship cases, where a brother or sister is sponsoring his or her sibling, and the siblings only share one common parent, it has historically been difficult for the USCIS to determine whether or not a real biological relationship exists between the siblings. In the past, DNA tests were used, but were not entirely accurate. As a result, many sibling cases may have been denied based up faulty DNA test results.