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Immigration News & Updates eNewsletter
POSTING DATE: AUGUST 10, 2015
This Week's Immigration News
Immigration News & Updates eNewsletter © 2011 - 2015
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Questions & Answers
Question: My daughter is a US citizen she is sponsoring my application for a green card. I would like to know if I have to wait until I am a permanent resident before applying for my husband and 10 year old daughter for their green cards and how long aprrox is it before they are issued? I don't want us living apart for an extended period of time. I can’t seem to get a straight answer.
Answer: That is a great question and very important to understand. U.S. Citizens can sponsor parents U.S. Residency (Green Cards) individually, as long as the parent has a qualifying relationship with the U.S. child. Qualifying relationships include a biological or adoptive parent and step-parents, when the U.S. Citizen child’s biological parent married the step-parent before the child reaches the age of 18. As long as a parent meets one of these criteria, the U.S. Citizen child can sponsor the parent. However, the Immigration category for parents excludes all dependents, meaning that the parent being sponsored cannot bring a spouse or minor child through the parent’s immigration process as the parent of a U.S. Citizen. It’s a cruel regulation which often separates families unnecessarily.
Similarly, Immigrants who have been granted U.S. Residency can sponsor their spouses and children. The Immigration line waiting for a visa in that category, called the F2A is about 1 ½ years. So, once the parent obtains their Green Card, there will be a period of separation while they are waiting for their spouse and minor children to obtain an Immigrant visa to immigrate to the U.S. to join them. And unfortunately, spouses and minor children of U.S. Residents are not allowed to wait for an Immigrant visa inside the U.S. during that 1 ½ years, unless they are already here legally in some other visa status such as an F-1 student visa, work visa, etc.
In your case, unless your husband qualifies as your daughter’s step-parent by having married you before your daughter’s 18th birthday, he cannot immigrate under the parent Immigration category and must wait until you have obtained your actual U.S. Residency. Once you have completed the immigrant process and actually obtained your Green Card, you can sponsor your husband and 10 year old daughter and be prepared for a bit of separation in order to allow the immigrant visa process to be completed.
A cautionary note, once you have obtained your Green Card, be careful not to spend too much time outside the U.S. and take steps to establish yourself here and obtain employment so that your husband and daughter will be able to qualify to immigrate through you. Spending too much time outside the U.S. can put your Residency status in jeopardy and in some cases cause denial of the immigrant visa for your family, if the Consular officer does not believe that you actually reside and work in the U.S..
Texas Attorney General Challenging Obama’s Executive Actions In Federal Court – Now Charged with Felony Fraud by Grand Jury
The Texas Attorney General, Ken Paxton, who filed a Federal court lawsuit against President Obama’s Executive Actions in Texas Federal Court last February, putting a nationwide hold on the new DACA for Dreamers and DAPA program for parents of U.S. Citizens and Residents, was indicted last week by a Grand Jury in Texas for 3 counts of Felony Fraud, with a possible sentence of 5 to 99 years in prison.
Paxton, who was arrested and booked in the Collin County Jail, allegedly defrauded investors while he was a member of the Texas House of Representatives, by inducing them to invest more than $100,000 in the company, Servergy, without disclosing that he was receiving a commission from the company for their investment and that he was not personally invested in the company himself, a securities fraud violation.
Question: I like to know if it's still fine to be an agent for multi level marketing while my adjustment of status is pending. Also, I want to maintain my H1B visa which will expire in 2017. Would it affect my status in case I will receive passive income from an investment in the U.S.?
Answer: Immigration regulations allow Foreign Nationals both inside and outside the U.S. to legally receive "passive income" without affecting their immigration status in any way. It is active work in the U.S. and the receipt of income which violates immigration rules unless the individual has a work visa such as E-2, H-1B, L-1, etc, or work authorization card.
I hope this was helpful to you.
Helpful Immigration Tips You Can Use
City of Doral Votes To Allow Donald Trump To Keep “Key To The City”
The City of Doral, which has a Hispanic population of nearly 80% or more, recently voted to allow Donald Trump to keep the “Key To The City” awarded to him earlier this year, even after his derogatory comments about Hispanics. Really?
Read More about the controversial decision:
In 2012, Paxton was reprimanded by Texas State Securities Board for his actions and he admitted guilt and paid a $1,000 fine, which lead to the recent felony charges.
As the top attorney and law enforcement officer of Texas, Paxton gained notoriety recently for challenging the Obama administration’s Executive Actions, a case which is currently pending before the Federal Appeals Court in Louisiana and for refusing to allow Texas county clerks to issue marriage licenses to gay and lesbian couples after the recently Supreme Court ruling making same-sex marriage legal throughout the nation. Some Texas Lawmakers are calling for Paxton to resign from office, but he is refusing, citing state law which does not require his resignation without a conviction.
How his indictment and trial will affect the pending Executive Action Appeal is unclear, but it does tend to cast doubt on the legitimacy of his public office and ethical right to act against the Obama Administration on behalf of the State of Texas. Stay tuned….
Read more about Paxton's Indictment:
Immigration How To:
How Do I Know What Filing Fees Are Required?
One of the most common reasons for case rejection by the USCIS is for the wrong Filing Fees. You can see the current USCIS Filing Fees by clicking on the link below:
Avoid Case Rejection By Enclosing the Correct USCIS Filing Fee
Applications filed with the USCIS generally require that supporting documentation be submitted in order to prove eligibility. Such documents include Birth Certificates, Marriage Certificates, Divorce Decrees, Criminal documents, etc. The USCIS requires that all official documents be a copy of either the original, or of the certified copy of the original.
Never send original documentation to the USCIS unless specifically requested. Original or certified documents are generally only required to be provided to the USCIS officer during an interview. Therefore, if you send original document to the USCIS Service Center, you will no longer have the original document to bring with you as required to the interview at your local Field office.
Never Send Original Supporting Documents When Filing Applications With the USCIS
Finally, always make a copy of everything that you send to the USCIS for your records, otherwise, you have no proof of what you sent. Good luck!