Current Immigration Reform Positions of the Presidential Candidates

The Chicago Tribune recently provided an overview of each political candidate’s position on immigration from their websites:

Democratic Candidates:

Barack Obama: Voted for Immigration Reform Act of 2006 which favors a path to citizenship for undocumented immigrants
Hillary Clinton: Voted for Immigration Reform Act of 2006 which favors a path to citizenship for undocumented immigrants
John Edwards: Favors path to citizenship for some undocumented immigrants
Dennis Kucinich: Favors legal status for "hard-working, tax-paying undocumented workers."

IMMIGRATION TIP

You Can Now File A USCIS Change of Address (AR-11) Online

Since 2007, the USCIS website has had the option which allows applicants to change their address online. All non-citizens (including U.S. Residents) in the United States are legally required to keep USCIS informed of any change of address within 10 days of their move by completing an “Alien Change of Address Card” (Form AR-11). Individuals with a pending immigration case should also notify USCIS of any change of address. The new online service is designed to reduce processing time and improve customer service by providing immediate confirmation that USCIS has received the updated address information.

However, in many, many circumstances, even after the AR-11 is filed, whether online or by mail, the complete USCIS database is not updated. This is especially problematic for those who have pending cases. Therefore, the best approach, in addition to filing the AR-11, is to contact USCIS by telephone at 1-800-375-5283 to report your change of address and make an appointment on the USCIS INFOPASS system to confirm that the address has been changed in the local District USCIS system.

The DHS issues tips for filing Freedom of Information Requests

The Department of Homeland Security recently issued tips for making Freedom Of Information (FOIA) requests. FOIA requests are generally made in immigration cases where an immigration case has been filed for the immigrant in the past and he or she does not have a copy of the applications and documents necessary to apply for a new immigration case. Tips to remember when making a FOIA request include that the FOIA request should be for copies of documents, not for information. Requests for information will not be answered.

For instance, if you are seeking information such as the date you entered the U.S. and you know that an immigration application was filed in the past which contains that information, on the FOIA request, you would properly request a copy of the previous immigration case, for instance “copy of I-130 & I-485 petition and all supporting documentation” , NOT merely requesting the date you entered the U.S.. Copies of immigration receipts and approvals, including forms I-797 Notices of Action, for instance regarding an I-130 approval are generally not available through a FOIA. In order to obtain a duplicate I-797 Notices of Action Approval Notice, Form I-824 generally needs to be filed. This can take from several months to a year to obtain.

Finally, original documents you may have mistakenly sent to the USCIS in the past cannot be obtained through a FOIA and information about another individual cannot be sought without the individual’s consent. FOIA requests are generally made on Form G-639 (available online at: uscis.gov) and must be in writing. The National Records Center will not take requests over the telephone. The current address to file for G-639 to request copies of immigration related documents is:

Immigration Q&A: Hi, most of my family is living in the U.S., so I really want to find a way to immigrate through my family. I am 22 yrs old, currently here in Miami for the Christmas holiday and I have to go back home to finish my last year of my university, but I might want to change to a college here. Is there anything I can right now to get started? Do I need an attorney to get a student visa?

Answer: Well, that’s a really big question. Since I don’t know what relationship your family members in the U.S. have to you, for the benefit of our readers, I’ll go through all the possible categories with the timing (waiting line) for each:

U.S. CITIZENS SPONSORING FAMILY MEMBERS:

If you have a parent, brother /sister, spouse or adult child in the U.S. who is a U.S. Citizen, a family immigration petition can be filed for you. The waiting time for an Immigrant visa depends upon what your relationship is to your relative. For instance, if you have a U.S. Citizen spouse or an adult child, there is no waiting time at all, just regular USCIS and consular processing time (about one year). Also, if you have a U.S. tourist visa and you either marry a U.S. Citizen (real marriage) or you have U.S. Citizen adult child, you can stay in the U.S., file for your residency here and wait inside the U.S. to obtain your Green Card (usually about 6 months to one year).

However, if you have a U.S. Citizen parent and you are single, then you would be in the 1^st Preference category (unmarried daughter of a US citizen) which now (current Visa Bulletin December 2007) has Immigrant Visas for I-130 petitions filed in January of 2002 for most countries. That means a wait of about six years or so if the petition is being filed now.