Immigration Questions: (954) 382-5378
Immigration News & Updates eNewsletter
POSTING DATE: AUGUST 8, 2016
Immigration News & Updates eNewsletter © 2011 - 2016
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
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Questions & Answers
Question:I filed to sponsor my husband for his Green Card and I didn’t know better, so I sent in our original marriage certificate, divorce decrees and worst of all, my original citizenship certificate! I’m only finding out now that I only needed to send in a copy, not the originals. My husband got his work permit and our case is still processing. So my questions is, are they going to send the originals back to me at some point during this process??? I ended up calling the immigration 800 number and the clerk said she would put a note on our file to request return of my originals, but said she could not guarantee anything. Its been 2 months now since I called and I have not heard back from them. I researched and found out that I can apply for a new citizenship certificate, but I have to pay $345! What else can I do?
Answer: Yes, sending original documents to the USCIS can be a real inconvenience, since they will not automatically send them back to you. Also, it can be very expensive and time consuming when you need to re-order new original documents. The first advice to readers is never to send any original documents to the USCIS unless specifically requested to do so. The second is that if you do find yourself in that position, you can file form G-884, Return of Original Documents. There is no filing fee. Read the instructions carefully and be sure to specifically request your Naturalization Certificate and other originals that you filed and need back like your Marriage and other Certificates. Since your case is still pending with the National Benefits center, you’ll need to file the G-884 there. Finally, if you don’t receive the originals back by the time of your husband’s Residency interview, simply tell the officer that you sent in originals by mistake and ask to have them back.
This Week's Immigration News
USCIS Reminds Immigrants - Existing 2012
DACA Program Remains Available
The recent Supreme Court decision in June 2016 (United States v. Texas) on President Obama's new Executive Actions, does not affect the existing 2012 Deferred Action for Childhood Arrivals (DACA) program. The USCIS reminds Applicants that those who meet the original 2012 DACA requirements remain eligible to apply for and extend status under the program.
Requirements under the current program include being between ages 15 and 30 when initially applying, have come to the US before age 16, have been in the U.S. continuously since at least June 15, 2007 or before, have been in the U.S. as of June 15, 2012 and continue to reside here, be currently be in school (including GED program), or have graduated from high school, have GED or honorable discharge from the military and not have been convicted of a Felony offense, major or multiple Misdemeanors.
Upcoming Naturalization Ceremonies Scheduled In South Florida For August
The USCIS has announced upcoming Naturalization Swearing-in ceremonies for several USCIS Field Offices in South Florida:
Miami Field Office - August 12, 19, and 26
Hialeah Field Office - August 5, 13, 19, 20 and 27
Kendall Field Office - August 5, 12, 19, 26 and 31 and August 25
(Special ceremonies at Biscayne National Park)
Oakland Park Field Office - August 5, 12, 19, 26, and 30
Find out if you qualify for DACA by calling our office at: (954) 382-5378.
Immigration How To:
How Do I Change My Address With Immigration When I Move?
The Supreme Court decision does, however, prevent Obama’s new Executive Actions from being implemented, which would expand the existing DACA program to include those who entered the U.S. up until Jan 1, 2010 and eliminates the age limitation, meaning even those over age 30 would qualify and creates a new program for Parents of U.S. Citizens and Residents called DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents).
Find out more about DACA:
Helpful Immigration Tips You Can Use
Dual Citizenship - keeping both your foreign and U.S. Citizenship
Contrary to popular belief, Immigrants who naturalize to become U.S. Citizens do not automatically lose the citizenship of their birth country or the acquired citizenship of any other country prior to becoming a U.S. Citizen. U.S. Immigration laws allow dual nationality, which means that a person is a citizen of two or more countries at the same time.
Persons may have dual nationality by automatic operation of different laws rather than by choice, for example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.
Similarly, a U.S. citizen may acquire foreign citizenship by marriage. Naturalized U.S. Citizens need not lose the citizenship of any other country, unless the foreign country requires that person to choose one citizenship or another. Finally, a person who is automatically granted another citizenship in a foreign country does not risk losing U.S. Citizenship unless they apply for it with the intent to give up their U.S. Citizenship. Good to know!
Immigration regulations require that all immigrants change their address with the USCIS within 10 days of moving. This is done by changing your address on the USCIS website electronically. For those with cases pending with the USCIS, including family petitions, adjustment of status, work authorization, etc, not only must you change your address online, but as a safeguard through the USCIS 800 number as well.
The reason is that even though your address is changed in the general USCIS database through the electronic online filing, this does not necessarily change your address in the database for any of your pending cases.
Tips on Changing Your Address with the USCIS When You Move
So, as an additional measure, here are the instructions on changing your address with the USCIS:
** For those with pending cases, have your I-797 Notice of Action Receipt available for each case type.
1)Change Address on the USCIS Website: Go online to the USCIS Address Change page and complete and file the form for each pending case. Print out a copy of the filed form for your records and write the filing date on it. 2)Call the USCIS 800#: Call the USCIS to notify them of the address change at 800-375-5283 and give them all your case numbers so they can confirm the change has been made in all the databases. 3)Infopass Appointment: For cases pending at local USCIS Field Offices, this is an additional step to be sure that the local office USCIS database has been properly updated. Give the information officer a copy of your address change (from online filing) and ask her/him to check the computer to confirm that the address has been updated. Good luck!
Always Respond to USCIS Requests For Evidence
BEFORE The Deadline - To Avoid Denials
During processing of Immigration petitions, the USCIS frequently issues a letter which requests that the Applicant or Petitioner provide additional information or documentation in order for the case to be approved. Each request gives a deadline, usually 87 days to respond. If the response is not received by the deadline, the case will be denied, no matter how minor the document being requested seems.
Therefore, always respond as early as possible, and for best results, no later than 2 weeks before the deadline. Be sure to make copies of everything you submit and send your response by U.S. Express Mail next day service with a tracking number and delivery confirmation. Then be sure to check the USCIS website a week or so after sending to make sure the USCIS online status shows that your response was received. If not, get delivery confirmation from the Postal Service and call the USCIS 800 number with your delivery confirmation information.
Question: Hi, I came to the U.S. as a visitor and overstayed for the past 5 years. Recently my American wife and I got married earlier this year and filed my spouse petition, form I-130 this past April 2016 to get my green card. We got an I-797 notice, but nothing more. We check on line but it just says it processing. My question is does it normally take this long? When do I get my work authorization card so I can get a social security number? Thank you for your answers.
Answer: That is a great question. When a foreign spouse is inside the U.S. and eligible to adjust status to Residency, in addition to form I-130, the entire adjustment of status petition must be filed along with the request for work authorization in order to obtain a Green Card (i.e. I-485, I-765, Biographic, Affidavit of Support, Medical Exam and supporting documents). Once filed, it takes approximately 30 days to receive your Biometrics Appointment notice and another 60 days for your Work Permit. Your marriage residency interview generally comes in another 4-6 months.
In your case, you and your wife only filed form I-130, which is simply a spousal petition. Nothing will happen to adjust your status in the U.S. from this petition alone, without your adjustment of status application (form I-485) being filed on your behalf. Generally, the I-130 is filed for spouses who are abroad and who are processing through the U.S. Consulate. In these cases, once the I-130 is approved, the National Visa Center prepares the case for the spousal immigrant interview abroad.
Since you entered the U.S. legally, (even though you are now out of status), you are eligible to obtain your Residency in the U.S.. At this point, you need to file the proper forms and documents to adjust your status and request work authorization so you can complete your residency process. Let me know if you would like us to handle obtaining your Work Permit and Residency.