Department of Homeland Security (DHS) unveils its new “Interior Enforcement Strategy”

The DHS recently unveiled its new strategy to expand interior enforcement efforts. The new enforcement plan, which is the second phase of DHS's “Secure Border Initiative”, targets employers of undocumented aliens and immigration violators inside the U.S. The announcement followed numerous reports in the news of the DHS raids on employers last week that resulted in the arrests of over 1,000 alleged undocumented workers and made national headlines. In the announcement regarding the crackdown on employers, DHS Secretary Chertoff indicated that the recent arrests are just the beginning, noting, "We are looking at those people who adopt as a business model the systematic violation of U.S. laws.”

THIS WEEK’S IMMIGRATION QUESTIONS:

Question: I am scheduled for my marriage immigration interview next week and I was wondering if I will receive the actual green card right after the interview is over? I read somewhere that nowadays they stamp your passport instead and mail you the green card.  Will you be able to travel outside the US immediately after the interview, even if you don't have the actual green card in your hand yet and just a stamp in your passport?  

Answer: The answer on how quickly you’ll be granted permanent residency after the interview depends on the immigration officer in many cases. In some cases, you can be interviewed even though the case is not completed. Security checks may remain to be completed; documents may still be missing, etc. If your security clearance has not come back yet and the officer must request another one, or if your case is not complete and the officer requests that you bring back documents, it could take months before you receive your residency “Welcome” notice and several more before you receive your actual Green Card in the mail. If your security clearance is complete and your case is ready to approve, you will likely be granted permanent residency and an I-551 stamp will be placed in your passport. That is the legal equivalent of the green card, which may take several months to arrive. You can travel and work with the stamp in the same way, as you would use the green card. The main difference is that one is valid for a year and the other is valid for two or ten years (depending on the basis for the green card). You will receive your actual Green Card in the mail within one to two months.

Question: Hi! Can you tell me know how many receipt/case numbers will be received after I file my Green Card application? I want to request for a work permit and travel document? I only received the one for the I-130 so far last Friday and I’m not sure whether there should be more. Thanks. 

Answer: Generally, when you file for your residency (adjustment of status), you file the I-130 (family petition), I-485 (to adjust your status to a resident), the I-765 (Work authorization) and if you are in legal status, the I-131 (Travel Permit - “Advance Parole”), along with all your supporting forms such as the affidavit of support and Biographic. If you file the complete package, you should be receiving four receipts - one for the I-130, one for the I-485, one for the I-485, one for the I-765 and finally, one for the I-131. Don’t worry though if it takes a few days between receipt of the USCIS receipts - since as illogical and costly as it seems, each is sent in a separate envelope!

Question: I have a question for you. My wife is a US citizen and is sponsoring me for my Green Card. Do I really have to have a medical exam? If so, can I wait until my residency interview is scheduled and then get it done? Otherwise, it may expire, thanks so much!

Answer:  If you are filing your Green Card application (I-485 package) yes, you must include the Medical Report from an USCIS authorized physician. You can call the USCIS 800# and get a list or go online to: www.uscis.gov. You must send the “unopened” report to the USCIS with your Green Card application. If you do not, the USCIS will send you a request for evidence letter, which will request that you send the report before further processing can be done on your case. The USCIS now recognizes the validity of the medical report from the date of issuance until your residency case is adjudicated. It will no longer expire.