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Friday, 25 July 2008 |
TIP: Obtaining Residency For Parents
Immigration regulations allow U.S. citizens to sponsor their parents
for “Green Cards”, while Permanent Residents cannot. For parents of
U.S. citizens who are inside the U.S., it does not even matter if the
parent is in legal status, as long as the parent entered the U.S.
legally (has an expired I-94 card) or is eligible under 245(i). Parents
are in the special immigration category called “Immediate Relatives”
(which includes Spouses and Minor children of U.S. Citizens as well),
which gives them preference over other family immigration
relationships. The only drawback of this category is that it is only
for the individual parent and does not include any dependants, such as
spouses or minor children. Therefore, if the parent has a spouse who is
not considered to be your parent (for immigration purposes**see below),
he or she would not be able to immigrate along with the parent. The
same is true of any minor children a parent (your brother or sister).
This is a harsh rule which often causes difficult choices for parents
of U.S. citizens. One option for parents abroad who have minor children
(or a spouse) is for them to obtain F-1 student visas for their minor
children (or spouse) before immigrating to the U.S. In that way, both
the parent and his or her child (and/or spouse) can be in the U.S.
together. Once the parent obtains a Green Card, the parent can then
sponsor his or her children and if applicable, a spouse.
**Step-parents are considered to qualify as “parents” for immigration
purposes, as long as the step-parent relationship was established
before the child (now U.S. citizen) reached the age of 18.
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Thursday, 17 July 2008 |
USCIS launches online status check for Freedom Of Information Requests
The USCIS recently launched an online Freedom of Information Act (FOIA)
case Status Check which allows applicants to check the status of
requests they have made under FOIA by entering a control number which
is received once the application is filed. The online system will
indicate that an application is either ‘pending’ or ‘processed’. Go to
the USCIS.gov website and type in FOIA in the search box in the upper
right hand corner. In the results, click on the first choice,
entitled: FOIA Request Status Check. You’ll be taken to the page which
allows you to type in your case number. Applicants without Internet
access can still obtain information on their FOIA requests by calling
the USCIS FOIA Requester Service Center at (816) 350-5785 from 7 a.m.
to 2:15 p.m. (Central Time). FOIA requests are typically made in
immigration cases when an immigrant does not have certain informational
documents pertaining to an immigration case which was filed with the
USCIS. FOIA responses typically take 4 months or more and generally
include a copy of the applicant’s immigration case filing (competed
forms and supporting documentation), but do not include I-797 Notices
of Action, such as receipts or approval notices for immigration
applications. Duplicates of Approval Notices must be obtained by filing
form I-824. There is generally no procedure for obtaining a copy of an
I-797 Notices of Action for a Receipt.
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Friday, 11 July 2008 |
IMMIGRATION Q & A
Question: I have a question about naturalization. I will be
applying next month and my friend said that I need to have some kind of
letter from the police clearing me of criminal background. Can you
please tell me exactly what I need to ask for? Thanks so much!
Answer: That is an excellent question. And the answer is simple
- you DON’T need to get it! For Adjustment of Status (“Green Card”) and
N-400 Naturalization applications, you do not need to obtain what was
referred to as a “police clearance” report anymore prior to filing your
application. The fingerprints which are taken by the USCIS Support
Center provide all that the Immigration now needs. So don’t waste time
going to the local police station to obtain such reports, the USCIS has
not required such reports for several years now. 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 official 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.
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Friday, 27 June 2008 |
Visa Waiver travelers will soon require advance pre-travel authorization
The Dept of Homeland Security recently announced a final rule requiring
nationals of Visa Waiver countries (countries whose nationals are not
required to have U.S. Tourist Visas, like Spain and Italy) to obtain
pre-travel authorization on an online electronic system prior to
departure beginning Aug. 1, 2008.
Under the new system, travelers must apply online no later than 72
hours prior to travel. The approved application will be valid for a
period of two years or until the applicant’s passport expires,
whichever comes first. Once the registration begins, Visa Waiver
travelers will be required to apply online at:
https://esta.cbp.dhs.gov/
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Sunday, 22 June 2008 |
Work Authorization documents will be issued for two years instead of one!
The USCIS will begin issuing Work Authorization documents (EADs) for
two years instead of one, beginning June 30, 2008! According to the
USCIS, immigrants who are waiting to adjust status to U.S. Residency
(Green Card) will begin to receive a two-year validity instead of one.
USCIS I-751 (Removal of Condition) Receipt causes confusion
Recent transfer notices sent out by the USCIS notifying applicants who
filed a petition to Remove Conditions on Residence (Form I-751-for
marriage immigration cases) caused most recipients to believe that
their cases had been approved. The confusion is due to the confusing
wording of the notice, which includes the phrase: “CRI89 approved
removal of conditions (I89).” This statement appears to say that the
case is approved. What the USCIS says it really means is that the
biometric portion of the case has been successfully approved, not that
the petition itself was approved.
Due to the confusion, the USCIS is rewording the receipt to simply
state that the case has been transferred to the appropriate service
center for further processing.
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