There has been very little news about comprehensive immigration reform lately because there really has been very little movement on the issue. Congress is in its August recess. Recently, the House of Representatives has been continuing to have its hearings, but no one seems to be paying any attention. There are reports that Senators negotiating with the House and are “guardedly optimistic" they can reach a deal when Congress gets back to work in September. Apparently, the key to a compromise lies in the incorporation of "triggers" on border security that will need to be met before legalization provisions in the Senate bill could take effect. I’ll keep you updated.  

THIS WEEK’S IMMIGRATION QUESTIONS:

Question: I've heard that you can marry someone who has a Green Card and get a work permit and social security number -is that true?

Answer: No, that is a very common misconception and it is not, not, not true. The spouse of a permanent resident is in the 2A preference category, and right now there is approx. a 7-year wait (they are currently processing I-130 applications received in 1996. What this means is that once the I-130 is filed, the foreign national spouse must wait until the visa is current in order to be able to file for adjustment of status (Green Card) and work authorization. Further, the foreign national must remain legal in order to adjust status inside the U.S. There are no other immigration benefits available until that time. Once the permanent resident spouse obtains citizenship, however, the foreign national spouse can then file for his or her green card (whether or not they have maintained lawful status).

Remember, though, that even though the filing of an I-130 does not entitle a foreign national to obtain work authorization and any other benefits, it does not say so on the form or the I-130 receipt. Currently, I believe the Dept of Motor (DMV) vehicles will issue a Driver’s License with the I-130 receipt, but I cannot confirm it. The DMV will no longer issue Driver’s Licenses with I-765 (EAD) and I-131 (Advance Parole) receipts.

Question: I am a naturalized U.S. citizen and my wife (whom I recently married) lives in Jamaica. After we got married earlier this year, I filed a family petition when I returned to the U.S. to get her residency. She traveled to be with me last month and the immigration officer at Miami airport asked her why she was coming to Miami. She told the truth that she was coming to live with me, her husband and the officer refused to let her in the U.S. and said she would have to wait in Jamaica to get a residency visa at the U.S. Embassy. I am so angry and in disbelief, what can I do now?

Answer: That is a common problem for foreign nationals who have had family petitions (I-130’s) filed for them in the U.S.  U.S. Tourist  (B-2) visas are for temporary travel to the U.S. for non-immigrant purposes. Once a foreign national indicates that he or she intends to immigrate to the U.S., the officer can deny entry.  However, if your wife had been coming to go on vacation and told the officer this, she might have been able to enter. There is no guarantee though, since immigration inspectors have a lot of discretion in these matters. What you can do now, however is apply for a K-3 visa to bring your wife to the U.S. in order to file her Adjustment of Status (Green Card) application here. Once the K-3 visa application is approved in the U.S., your wife can be issued a K-3 visa at the U.S. Embassy in Jamaica. Processing time at the U.S. service center is taking about six months, then another month or so for her to receive an interview at the Embassy. Once she receives the K-3 visa, she can travel to the U.S. and file her I-485 Adjustment of Status application. The K-3 visa is also used in cases where the foreign national spouse does not have a U.S. Tourist visa and cannot come to the U.S. any other legal way. Good luck!