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Sunday, 30 November 2008 |
Question: Thank you for your help. I have a question about
sponsoring my father for a Green Card. I came to the U.S. with my mom
when I was 10 and both she and I got our Residency here through her
marriage to my stepfather. I am now a U.S. citizen and just turned age
21. Is it possible for me to sponsor my dad in Jamaica for a Green
Card, even though my stepfather sponsored me for my Residency? If so,
how long will that take?
Question: Hi, I am here in Miami staying with my dad who
recently became a U.S. Citizen. I am 22 and have not been able to
attend college because my I-94 expired and I don’t have any legal
status. Now that my dad is an American, if he files a family petition
to sponsor me, is it possible for me to file for a work permit while I
am waiting to get my Green Card? How long to I have to wait for
residency?
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Sunday, 23 November 2008 |
Question: My dad, a US citizen, filed an I-130 petition for my
single 23 year-old sister in 2005. She lives in Jamaica and just got
married last week. I just realized that now we could have a problem
with her immigration to the U.S. Does this mean everything is lost
because she got married? We are all so worried now!
Answer: That is a great question. As long as the I-130
petitioner (sponsor) parent is a U.S. Citizen, the marriage of an adult
child does not cancel out the petition. The only difference in the case
when an adult child of a U.S. Citizen marries is that the child goes
into a longer immigration waiting line, from the original category of
Family- 1st Preference (with visas available for I-130 petitions filed
in May 2002) to the slower Family – 3rd preference category line, (with
visas available for I-130 petitions filed in July 2000). So if the
I-130 was filed for your sister in 2005, she must now wait
approximately 5 or more years. The good thing is that her husband (and
children) will be included once it is time to immigrate, so they can
immigrate to the U.S. all together. This is in contrast to immigration
regulations regarding the children of Permanent Residents. In the same
scenario above, if an adult child of a Permanent Resident marries, the
petition is lost, since there is no immigration category for the
married child of a Resident.
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Florida tightens documentary requirements |
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Monday, 17 November 2008 |
Effective October 1, 2008, the Florida Department of Motor
Vehicles (DMV) stopped issuing Driver’s Licenses and Renewals to
immigrants based solely upon USCIS receipts, such as the I-130, I-140,
etc. This means that when a relative files an I-130 family petition for
a family member, the receipt can no longer be used to obtain a new or
renewed Driver’s License in Florida. Under new requirements:
Immigrants must submit proof of Date of Birth & Social Security Number and: 1) Valid Alien Registration receipt card, (Green card, Form I-551); or 2) I-551 stamp in passport or on I-94; or 3) Immigration Judges Order, granting asylum; or 4) USCIS Notice of Action (I-797), with the customer's A-number, stating the customer has been granted asylum; or 5)
USCIS Notice of Action (I-797) or another form from the USCIS, with the
customer's A-number, stating the customer's application for Refugee
status is approved.
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Sunday, 02 November 2008 |
NAFTA Work Visas for Canadian and Mexican Professionals Now Issued For Up To 3 Years
The USCIS recently increased the maximum visa period for Free
Trade-NAFTA (TN) professional workers from Canada and Mexico. Under the
new regulations, TN Workers may be issued TN work visas for up to three
years instead of the former one year limitation. TN workers already in
the U.S. can also renew their TN status inside the U.S. at a USCIS
Service Center for the new three year period, without the need for
processing at the border. However, TN visas for travel are still only
issued at by the Dept. of Homeland Security in Canada and Mexico.
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Sunday, 12 October 2008 |
Employment Authorization Document (EAD) processing delays and solutions
Immigration regulation requires that the USCIS process Employment
Authorization Document (EAD) applications, Form I-765 (often referred
to as “Work Permits”) within 90 days from the date of USCIS receipt of
the I-765 application. However, many EAD applications are not processed
in this time, causing Immigrants to feel frustration and confusion. The
USCIS suggests doing the following, once 90 days have passed since the
date on the I-765 Receipt:
Step 1: Call USCIS National Customer Service Center at 1-(800)
375-5283 and record the time/date of the call and the full name &
number of the USCIS customer service representative. Explain that your
EAD has been pending more than 90 days and ask for a “service request”
for an “interim” EAD card to be issued immediately because you will
lose your job if it does not arrive.
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