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

  POSTING DATE: JULY 27,  2015
Tell a friend about this page

Learn More About:

This Week's Immigration News 
By Immigration Attorney Caroly Pedersen

Add this page to your favorites.

Add this page to your favorites.
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: Hi my I94 expires in november of this year, but I want to study in the USA. My questions:
1. Do they give me the change of status as soon as I go to the school and register?
2. Do I become illegal if I am still waiting on my student visa approval and my time expires?
3. What happens if I stay in the USA after my time expires and USCIS does not give me the student visa?

Answer: Once the application is made, currently, it can take up to 6 months for F-1 student visa approval. You cannot begin classes until you are approved. The law allows you to stay in the U.S. and wait for approval once the F-1 application is filed. However, if your request for an F-1 visa is later denied, after your stay in the U.S. has expired, your U.S. Tourist visa is automatically cancelled and you would need to apply for a new one at the U.S. consulate in your country in order to re-enter the U.S..
Let us know if you would like us to handle your F-1 visa case.
California May Become The First State To Issue Work Permits To Undocumented Immigrants
California lawmakers are considering a measure which would grant work permits to undocumented immigrant farmworkers and their families in the state. The Bill, called the “California Agricultural Workers Permit Act”, currently pending in the California Senate, would authorize the state to issue work permits to undocumented agricultural workers and their families, enabling them to live and work legally in California. 

Once approved, the state would seek final authority from the Department of Homeland Security and Department of Justice to begin issuing the state permits. 
Question: My questions is about the DACA permits, I got a 3 year permit, and I read that those who received a 3 years permit have to send it back to USCIS, but I got mine In December of 2014, before the judge stopped the program. So should I send back my 3 year work permit too?
Answer: You need to return the card and get a receipt to prove that you returned the card. If you received a letter from USCIS, follow those instructions and visit this link provided in the letter for more information.If you did not receive a letter from the USCIS, make an INFOPASS appointment at your local USCIS office and surrender the work permit in exchange for a receipt, so that applicants can then request a new 2 year work permit replacement. If an INFOPASS officer refuses to give you a receipt, request to see a Supervisor in order to obtain written proof of return of the card. Don’t delay, otherwise, your DACA status could be terminated. 

USCIS Instructions for 3 year EAD Pernits
Helpful Immigration Tips You Can Use
Cell Phone Application Expedites Processing 
At Miami Airport
Under a program implemented by the U.S. Customs and Border Protection (CBP) agency at Miami and other major airports, expedites entry and reduces wait times using a new Mobile Option for Customs Declaration, called “Mobile Passport Control (MPC)”.

 This new mobile cell phone application allows U.S. Citizens and Canadians to submit their passport information and customs declaration forms via the smartphone and tablet app prior to CBP inspection. Android and iPhone users can download Mobile Passport for free from the Google Play Store and Apple App Store.
Immigration How To… 
How To Determine Financial Requirements for the 2015 Affidavit of Support
Under the program, agricultural workers, their spouses and children under 18 or who are enrolled at an educational institution would be granted legal status and work permits. A committee hearing is scheduled for the Bill on August 17, 2015. 

Read the Bill:
California Agricultural Workers Permit Act

Read more about the proposed measure:
Democratic Presidential Candidates Clinton and O'Malley Announce New Immigration Plans
Democratic Presidential candidates Hillary Clinton and Martin O'Malley have both announced new Immigration Reform programs if elected to Presidential office. 

Under the Clinton campaign called “"Sueños" (Dreams), she is launching an advertising campaign advocating for a pathway to citizenship for Dreamers and comprehensive Immigration Reform. Former Maryland Governor O'Malley, referring to Immigrants as "New Americans," says he plans to take immediate Executive Order upon taking office, including applying deferred action (currently afforded to Dreamers) to "the greatest possible number of New Americans" and provide work permits to all Immigrants who would have been covered in the Senate's 2013 comprehensive immigration reform bill (S. 744 - Border Security, Economic Opportunity, and Immigration Modernization Act). 
REMINDER: New USCIS Medical Exam Form (I-693) Now Required
The USCIS reminds Immigrants that as of July 27, 2015 it will only accept the recently revised I-693 Medical Examination form required for all Residency (I-485) Immigrants which has the new revision date of 03/30/15. Doctors authorized to issue USCIS medical exams should have the new form. 

However, as a safeguard, Immigrants having immigration medical exams from July 27th through August 27th might want to download and take the new form to their medical examination appointment, just to be sure that the doctor is aware of the new revised form requirement. Download the new form.
Question: Hello, I am a green card holder and wish to sponsor my girlfriend who is in Canada with a temporary resident visa. Is it possible to sponsor her even if I am just a USA green card holder since 2013? If so, where would we get married? Most important, how long is the waiting time to get her work authorization (if approved) and eventually her green card? Thank you very much!
Answer: Yes, U.S. Residents (Green Card holders) can sponsor a spouse to immigrate to the U.S. as soon as they obtain their Residency, there is no waiting period. The wait for a visa is about 1 ½ years for most countries. Your wife will not be able to live in the U.S. or obtain any work permit until she is able to immigrate. You can marry either in the U.S. or Canada and a spousal family petition should be filed immediately. I hope this is helpful. 
The government sets minimum income requirements for sponsors under the I-864 Affidavit of Support. U.S. Citizen and U.S. Resident Sponsors are required to meet or exceed 125% of the Poverty Guidelines in order to qualify. 

The income requirements for 2015 have increased just slightly from 2014. For example, the minimum yearly income of $19,912 is now required for a single U.S. Citizen to sponsor a Spouse, compared with $19,662 for 2014. 

Number of Family            Minimum Income Requirements 125% of Poverty Guidelines
Members in Household    All States (other than Alaska & Hawaii)
Including the Immigrant

**Add $5,200 for each additional person
Here’s a few important tips for Sponsors to remember when filing Affidavits of Support:

1) Make sure that your “Net” (not Gross) income meets the minimum income requirements 
2) Always include a copy of a) your most recent tax return and W-2 b) past 3 months paystubs and c) current letter from your employer stating your fulltime position, dates of employment and wages (which match your paystubs).
3) If the sponsor does not meet the requirements, he or she must still file an I-864 and include an I-864 from a Joint-sponsor who does meet the qualifications and be sure to include a copy of the Joint-sponsor’s U.S. Birth Certificate, U.S. Passport, Naturalization Certificate or Green Card b) copy of the most recent tax return and W-2 c) past 3 months paystubs and d) current letter from his or her employer stating fulltime position, dates of employment and wages (which match his or her paystubs).
4) U.S. Citizen parents sponsoring minor children under age 18 are not required to file Affidavits of Support , since the immigrating child will automatically become a U.S. Citizen upon obtaining U.S. Residency. Instead, the child is required to file form I-864W requesting the exemption.

Take a Look at the NEW Affidavit of Support Minimum Income Guidelines:
2015 Poverty Guidelines

You can learn more about preparing I-864 Affidavits of Support and meeting the minimum income requirements by visiting our website and clicking on the Immigration Newsletter link or  by calling our office at: 954-382-5378.