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Immigration News & Updates eNewsletter ©  2011  - 2016 
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: I am applying for my mom’s residency and she is in the U.S. living with me, taking care of my daughter while I am at work. Since she is a household member, can I apply for her medical insurance through obamacare (health market place) when it comes up this year, I think in November, before she gets her Green Card since she is a member of our household?
Answer: Once your mother becomes a U.S. Resident (Green Card holder), she is then eligible to obtain health insurance under the Affordable Care Act, which is also known as “Obamacare”. There is no restrictions on eligibility for Residents and obtaining insurance under Obamacare, however she is not eligible for Obamacare until she actually becomes a Resident, so you won’t be able to apply for her while her Residency application is processing 
This Week's Immigration News 
By Immigration Attorney Caroly Pedersen
U.S. Plans To Use “Social Media” To Screen Applicants 
Under The Visa Waiver Program
Immigration Tip: Immigrants With No Criminal History Are Not Required To Have Fingerprints Taken At A Police Department  
In most cases, Immigrants who have no prior criminal history do not need to have fingerprints taken at the police depart in order to obtain a “police clearance” report prior to filing I-485 Adjustment of Status (“Green Card”) and Naturalization applications. 

The fingerprints are done by the USCIS and are only required to be taken by the Immigration Support Center. So don’t waste time going to the local police station to obtain such reports. However, in both types of cases, if you were ever arrested, even if the case was later dismissed, you need to obtain an official stamped/certified copy of both:
1) the arrest report (obtain from the police dept. which arrested you) and 
2) the court disposition (obtain from the court where your case was adjudicated). 

The originals are to be given to the USCIS officer at the time of your interview. Only send copies in your initial petition package.
The Dept of Homeland Security will soon begin using online “Social Media” as an additional security screening measure for ESTA applicants from Visa Waiver countries. New ESTA and I-94W forms will request an applicant’s online social media identifier for sites like Facebook & Twitter. 

Initially, providing this information will be optional, while later it may become mandatory, but its usefulness is highly questionable, since fake accounts can be created quite easily just for the purposes of applying under the program. 
The Visa Waiver program (VWP) allows nationals of 38 designated countries to enter the U.S. for 90 day periods without being required to have a U.S. Visa. Due to security concerns, critics often point out that this program allows individuals to enter the U.S. who have not been fully screened at U.S. Consulates abroad. To tighten security, program rules now prohibit use of the VWP by those who traveled to Iraq, Syria, Iran, Sudan, Libya, Somalia, or Yemen on or after March 1, 2011 and those with dual-nationality of a VWP country and Iraq, Syria, Iran, or Sudan.
Resourceful Countries Like St. Kitts and Nevis 
Sell Citizenship To Foreign Investors
Under St. Kitts and Nevis government programs called “Citizenship-by-investment” foreigners, who make an investment in the country can buy Citizenship, by either making a donation or investment in real estate purchase. 

You might say, hey, why would a foreign national want citizenship in St. Kitts and Nevis? Well, Citizenship means a Passport and since St. Kitts and Nevis is a Commonwealth of Britain and as such, enjoys visa-free travel to over 100+ countries in Europe and the Caribbean.

 That includes visa-free travel to all EU Schengen countries including Switzerland, UK and Ireland. 
Under the program investors have two options: 1. A non refundable charity donation of minimum US$ 250,000 or 2. Designated recoverable Real Estate Investment with a value of at least US$ 400,000. To avoid scams, foreign investors should contact the government program directly:

Authorized Representatives
Question: I am a US Citizen and I have a question about filing for my wife and her kids (from another marriage) who are under age 21. Are the kids filed for in the same I-130 form or do I have to file a separate I-130 form for each kid. Also, do I have to file for the kids at the same time as my wife or can I file after my wife’s case is filed and still in process. 
Answer: A U.S. Citizen can only apply for step-children, when the children were under age 18 at the time of the marriage to the child’s biological parent. If qualifying, the U.S. Citizen step-parent can file for the minor children until they reach age 21. A separate I-130 needs to be filed for each child. In your case, as long as your wife’s children were 17 years old or younger when you got married, then you are considered to be their step-parent for Immigration purposes and can file for them now or at a later date. If the children were age 18 or older when you and your wife married, then once your wife becomes a U.S. Resident, she can sponsor her children. For U.S. Residents sponsoring qualifying children (including qualifying step-children), only the I-130 for the spouse is filed and the children are listed as dependents and can immigrate along with the foreign spouse using the same immigrant petition.
Helpful Immigration Tips You Can Use
Read The State Department’s Visa Bulletin 
Released For October 2016
The Visa Bulletin released by the State Department each month details the current waiting times for Immigrant Visas in Family and Employment Immigrant Petition cases.

You can view the current Visa Bulletin  by clicking on the link below:

October Visa Bulletin
Immigration How To:
This Year's Obamacare Open Enrollment Begins Soon - Do I Qualify?
This year's Open enrollment in the Health Insurance Marketplace starts on November 1st. The question for many Immigrants is - Who Qualifies for the Affordable Care Act (Obamacare)?
Many Immigrants are confused about their eligibility to qualify for health insurance under the Affordable Care Act (also known as “ObamaCare”). Here’s a list of some of the common non U.S. Citizen immigration statuses which are eligible for health coverage:

Immigrants holding the following Immigration Status:

Lawful permanent and temporary Residents (LPR/Green Card holder)
Cuban/Haitian entrant
Paroled into the U.S.
Conditional entrant granted before 1980
Battered spouse, child, or parent (VAWA)
Victim of trafficking and his or her spouse, child, sibling, or parent
Granted Withholding of Deportation or Withholding of Removal
Individual with non-immigrant status (including worker visas, student visas)
Temporary Protected Status (TPS)
Deferred Enforced Departure (DED)
Deferred Action Status (EXCEPT: Deferred Action for Childhood Arrivals (DACA) isn’t an eligible immigration status for applying for health coverage)

Applicants for:

Special Immigrant Juvenile Status
Adjustment to LPR Status with an approved visa petition
Victim of trafficking visa
Asylum who has been granted employment authorization
Withholding of Deportation/Removal 

Certain individuals with employment authorization documents:

Applicant for Cancellation of Removal or Suspension of Deportation
Applicant for Temporary Protected Status (TPS)
Granted an administrative stay of removal by the Department of Homeland Security 

Click here to see the eligibility list