Immigration Enforcement May Again Target Foreign Travelers This Season

As the Christmas holidays roll around again, a friendly reminder is in order that the USCIS enforcement division, ICE may once again target places and modes of transportation which immigrants typically utilize, such as bus and train stations and airports. ICE may periodically do “sweeps” by going through a station or airport looking for anyone who appears to be a foreigner and asking for proof of immigration status. Those who are in legal immigration status should carry a copy of USCIS approvals and other evidence of legal status. Remember that I-130 receipts themselves do not confer any type of legal status on beneficiaries, however, there have been cases where ICE officers will release suspects who produce them, so by all means, carry them with you just in case. Good luck and be safe!

Long Delays In USCIS Processing of Citizenship/Naturalization Applications Expected

With the USCIS implementation of filing fees increases this past July, applicants filed millions of citizenship and other immigration petitions just before the fee increase which took effect on July 30, 2007. Sources are reporting that the USCIS received at least two years worth of applications in only two months. Because of this, experts are predicting that there will be significant delays in the processing of all immigration petitions, including Citizenship applications, which could take up to 18 months to process. Further, immigration proponents are charging that this delay in processing Citizenship applications will significantly affect the 2008 Election, since millions of Permanent Residents subject to delayed processing will not be naturalized, and not be able to vote in the election.

THIS WEEK’S IMMIGRATION QUESTIONS

Question: I am 24 years old and currently in school in America under a student visa. However, my mother has been an American citizen for many years and had filed for my brother and me in October 14, 2004, when my brother was 20, and I was 21. He received his residency within the first year of application and I have yet to receive any follow ups or immigration forms to further the process. I reviewed my case online, and reviewed the processing dates and realized that, had my mother been a resident instead of a citizen, I would have gotten through months ago. Is it true that the process will take longer if my mother was a resident instead of a citizen? Because I don’t see how that makes sense. I don’t think that my analysis of my case and the processing dates was misread, so I would really appreciate if you could tell me why this is so, and if there is any way to hasten the process. Thank you in advance for your help. I appreciate the articles.

Answer: That is a good question! The difference between your brother’s case and yours is that your mom filed for you after you reached age 21, which makes you an adult for immigration purposes. Accordingly, your category is 1^st Preference (unmarried son of US citizen) which now (current Visa Bulletin December 2007) has Immigrant Visas for I-130 petitions filed in January of 2002 for most countries. Since your mom filed for you in 2004, you have at least another 2 to 3 years to wait. Make sure you maintain your legal Student Visa- F-1 status in the U.S., otherwise, under current immigration regulations, you won’t be able to adjust your status to a Green Card once the time comes.

Because your brother was still a minor, he was not even in one of these categories, he was considered to be an “Immediate Relative”, meaning there was no waiting line, only processing time at the USCIS Service center. That is why he received his residency so fast.

Your question about whether it would take a longer or shorter time for you to obtain your residency if your mother filed for you when she was a resident rather than a citizen is a little complicated, but the answer is that since you are an adult - it would take a much shorter time for you in the 1^st Preference category (see above) with her being a U.S. Citizen.

Here’s why: If your mother filed for you when she was a Permanent Resident, before you reached age 21, then you would have been in the 2A category (minor child of a Permanent Resident “Green Card” holder) which now (current Visa Bulletin December 2007) has Immigrant Visas for I-130 petitions filed in January of 2003.

If your mother had filed for you when she was a Permanent Resident, after you reached age 21, you would have been in the 2B category (unmarried, adult son of Permanent Resident “Green Card” holder) now (current Visa Bulletin December 2007) has Immigrant Visas for I-130 petitions filed in October of 1998. This is a very big difference in waiting times between being a minor child (under age 21) and an adult, age 21 or over!

I hope this has been helpful to you.

*This column is published for the purposes of providing a general understanding of immigration legal issues, as a public service and is not intended to establish an attorney client relationship. Consideration given to any immigration issue is not intended in any way to substitute for individual legal consultation with a licensed attorney. Readers should understood that this column and the foregoing illustrations are subject to different interpretations in each particular immigration case that may arise and no one reading this column should attempt to apply his own particular situation to the principles described herein. Readers with specific legal immigration issues should consult their attorney. If you have an immigration issue and do not know an attorney, you may call The American Immigration Lawyer’s Association's Lawyer Referral Service at:1-800-954-0254.