If you receive a letter from the U.S. Department of Justice, Executive Office for Immigration Review advising receipt of your appeal of a decision made by the USCIS you may wish to have an attorney represent you at the hearing.  However, your attorney or Accredited Representative must complete and file with the Board, specific forms and in a timely manner prior to a meeting with the board.

There are any number of reason why you may be declined by the USCIS or U.S. Embassies to sponsor a relative on the basis of a family visa.  The birth certificate, marriage certificates or other family identifying documents may be not have been filed in your country of origin in a timely manner.  There are cases where father's names are placed on birth certficates decades after the birth of a child, and the USCIS may question this practice or doubt the validity of the document.  You can expedite the proof of your relationship to a beneficiary in another country via a DNA test.  DNA tests are used to prove maternity, paternity, full siblings vs. half siblings and grand paternity.  Your local DNA collector can advise  you on what type of test to request to insure reliable and accurate results.  All DNA tests used for the purpose of immigration must be performed by an American Association of Blood Banks (AABB) accredited laboratory and original results are sent directly from the AABB accredited laboratory to the USCIS or U.S. Embassy offices.  The process may take several weeks or months and in your own best interest, you should work with your local DNA collector so that in the event  you need to follow up - you will be working with someone in your community - not another state or country. 

Within 15 days of receipt of notice from the Board of Immigration Appeals your attorney or Accredited Representative must complete a form EOIR-27 (Notice of Entry of appearance as Attorney or Representative before the Board).  If the forms are not filed in a timely manner, you will be considered as "pro se"  - that is representing yourself and all noticies and the Board's decisions will be sent only to you at the most recent address of record. 

Your appeal may be dismissed for a lack of jurisdiction, unless there is a clear indication that your attorney represents you, the petitioner, and you have authorized the appeal.  Only the petitioner (sponsor) may appeal the denial of a visa petition or a fine (except in limited circumstances of self petition battered spouse or widow).

The board will not recognize a Form G-28 (Notice of Entry of appearance as Attorney or Representative), which is used in proceedings before USCIS, and will not recognize a Form EOIR-28 (notice of Entry of Appearance as Attorney or Representative before Immigration Court), which is used only in proceedings before an Immigration Judge. 

Additionally, if you change your address while your appeal is at the Board, you must file a Form EOIR-33/BIA Change of Address Form with the Board within 5 business days.  A copy of your change of address must be filed with the USCIS office that controls your file.

Use of an overnight courier service strongly recommended and encouraged to ensure timely filing and receipt of documents. 

United States citizens can petition for their spouses, parents, children or silbings to immigrate to the United States and permanent residents can do so for their spouses and unmarried children.

In most cases there are sufficient written records and documents to validate biological relationships claimed on immigration petitions and satisfy the requirements of the U.S. Citizens and Immigration Services or the U.S. Embassy.  However, in the event that more evidence of a biological relationship is needed, a voluntary DNA test may be requested.  DNA Tests are typically requested for immigations and passports and sometimes for other reasons.  It is important to bring all requests for DNA evidence with you to your DNA collection in the  United States, so that you collector will know which agency to contact in your beneficiary's country.  Your paperwork will also indicate where the original DNA results should be sent. 

DNA Testing fees vary by country and by test type.  For example, a U.S. citizen who is petitioning to bring his/her mother to the United States will be ask to pay for a Maternity Test as well as all shipping and postage fees from the United States and back to their beneficiary's country.  On the other hand, a U.S. citizen petitioning to bring over silbings will pay for a siblingship test - based on the number of siblings involved in the test and the shipping and postage fees. All of the DNA Kits sent to Embassies, panel physicians and USCIS offices in foreign countries are done via DHL or FEDEX so that you can maintain a record of sent/received dates and include that information with your interview paperwork.  

The sponsor (or person residing in the United States) will require a government issued photo identification and as mentioned above, a copy of the letter from the USCIS or Embassy asking for a DNA test.  If this letter is not available, the minimum requirement will be paperwork that identifies their government issued case number.   The beneficiary (or person residing outside of the United States) will be collected either at a U.S. Embassy, an approved panel physician in the foreign country and in some cases at the USCIS offices.  Some countries contact the beneficiary in their country with an appointment time, while other countries contact the petitioner with the appointment time.  The beneficiary will need to bring a government issued identification with them to the collection appointment.

After all samples are collected, they are sent back to the United States to an American Association of Blood Banks (AABB) accredited laboratory.  Test results will generally be available within 3 - 5 business days depending on the test type (paternity, maternity, silbingship etc. )  The U.S. government requires that the final results be received directly from the testing laboratory.  Once received, the USCIS typically requires one to two weeks to process once they have received the results package from the AABB accredited laboratory.  The sponsor will also receive a copy of the DNA Test results by regular mail from the DNA collection facility. 

Since most  Embassies and USCIS offices are backed logged with requests - it is important to get the DNA process in motion as soon as you are notified that a DNA test will be required.  There are countries that can close out a case as quickly as 5 weeks and then there are countries that can take up to 5 months to complete a DNA test on the beneficiaries. 

 

There are a few different steps involved with a DNA Test to expedite a Family Based Visa.  The U.S. sponsor should be familiar with the scheduling process of the U .S. Embassy or US Citizens and Immigration Service (USCIS) office in their country of origin.  Here is a snapshot of the process involved in using DNA tests to prove the biological relationship between sponsor and beneficiary(s).

1.)  U.S. sponsor receives notice from the U.S. Embassy Consular Section or USCIS that the paperwork submitted as proof of the family relationship is not sufficient to allow entry of the beneficiary into the United States under a Family Based Visa.

2.)  The U.S. sponsor is then requested to submit additional evidence of relationship and in most cases - a DNA test - or genetic test is suggested.  Today, non-invasive DNA tests can prove maternity, paternity, grand paternity, siblingship and avuncular relationships.

3.)  The U.S. sponsor contacts an AABB approved DNA collection facility to set up sponsor's DNA collection in the United States and put into motion the collection of the benefiiciary(s) in your country of origin.

4.)  Sponsor's DNA is collected and along with identifying paperwork are submitted to an AABB accredited laboratory.

5.) The AABB accredited laboratory submits a request for DNA collection of your beneficiary along with a DNA kit to the U.S. Embassy or USCIS office in your country of origin.

It is at this point in the process, where the U.S. Sponsor begins to panic.  There is no one in the United States that can control the collection process and time frame in U.S. Embassies and USCIS offices in your country of origin.  Your DNA collector will know when the DNA kit and request for collection is received at the U.S. Embassy or USCIS facility in your country of origin but will not be able to confirm to you when your beneficiary(s) collection will take place.  In very few countries, the  U.S. Embassy or USCIS will send a letter to all participants (sponsor, beneficiary and collector) notifying them of the collection date for the beneficiary. 

6.)  The U.S. Embassy or USCIS in your country of origin contacts the beneficiary(s)  based on the address, phone, and email information you supply to the DNA collector in the United States.  It is extremely important to provide accurate and complete information at the time of the sponsor's collection as missing or wrong information will delay and/or cancel your beneficiary(s) collection in your country of origin.

7.)  Your beneficiary(s) DNA and identifying paperwork will be collected in much the same manner as the sponsor was collected in the United States.  Again, your beneficiary must provide proper identification at the time of their collection.  There is usually a local collection fee (as low as $15 for China but as high as $50 for Haiti) for the beneficiary paid directly to the U.S. Embassy or USCIS office doing the local collection and in the local currency. 

8.)  Your beneficiary's DNA is submitted back to the same AABB accredited laboratory in the United States that received your DNA.

9.)  The AABB accredited laboratory submits the original results directly to the U.S. Embassy or USCIS office in the United States that requested you to do the DNA test.

10.)  The DNA collector receives a copy of  your results and mails them to you at the U.S. address you provide at time of collection.

If you have a lawyer or an immigration counselor working with you, they can be provided with the status of your case, only with your written permission.

Depending on the country of origin, some cases process as quickly as 4 weeks while we have seen other countries (West Africa) take up to 6 months just to set up the appointment for the beneficiary.  The U.S. sponsor must be mindful of dates that the USCIS or U.S. Embassy impose on their paperwork.  In some cases, you may submit evidence that the genetic testing is in progress - but by all means make sure you respond to the agency in a timely manner.  Failure to submit your requested documents in a timely manner can and will result in denial of your petitions.

 

 

Recently, on a sales trip to small towns in New Jersey, I did my usual stop into hospitals, lawyers, laboratories, clinics and private practice medical offices.  Most of the office staff and/or laboratory staff are happy to see me.  My presentation about the DNA Test we offer is short and sweet and if there is already a relationship with the facility, I'm usually carrying candy, cookies or gift cards as a small thank you for their referrals.  Private consumers are confused as to where, how and when they can get a DNA test to confirm paternity, siblingship and other biological relationships.  I welcome the few minutes I can get with the office staff to repeat what we do (DNA Tests); how we do it (privately); when we do it (at the customers convenience - no one has to miss work or school) and where we do DNA Tests (our private offices or someplace local that the customer can travel to).

I then take a ride through the local towns and see if there are any places, where a public sign may be welcomed.  You know the kind you usually see in laundromats, libraries, or at exactly eye level on telephone polls at red lights.  Some small towns clearly indicate "post no bills" and so I move on.  On this one day, as I drove up to what look like an acceptable post - about 10 men between the age of 15 and 50 came running up to my car - right to my door.  My car was empty so I could have fit at least 4 men in the front and back seats - so I think these guys thought they hit pay dirt. 

I nearly hit the curb trying to avoid them but then suddenly realized, they thought I was trying to pick them up for day labor.  Honestly, at least 10 able bodied men, sitting on the roadside in the hot sun got on their feet so quickly because they thought "work" had finally come. I know of some able bodied young men, who think looking for work is sitting on computer job boards all day.  I was impressed that these men were not only putting themselves in harms way (you'll understand later) but were so eager and anxious that they ran to my door. 

Since the men were harmless, I decided I would talk to them about my DNA Testing business and that I was there for work, just like they were.  Usually, if you have a minute, I'll talk to you about the merits of DNA testing.    I posted my sign for DNA Testings outlining all the relationships we can confirm:
Paternity
Maternity
GrandPaternity
Siblingship (Full vs. Half vs. UnRelated)
Avuncular (aunts, uncles)

outlining all of our accreditations:
aabb
NYSDOH
FQS-ISO 17025
CLIA
CAP
ASCLD
etc., etc.,  all the necessary accreditations for a government entity to accept the results of our DNA tests.

and finally outlining all the uses a private consumer may have for a DNA Test:

Acknowledge Paternity for a baby's Birth Certificate
Complete Request for Evidence in Immigration Cases
Confirm Maternity or Paternity for Parental Termination in Adoption Cases
Confirm Paternal Relationships via other living relatives in order for children to receive benefits
Confirm Paternity via PreNatal Paternity Tests so that the new dad can participate in preparation for a new baby.

Most of the men were disappointed that I wasn't picking them up for day labor but they were still polite and seem interested in talking to me. I applaud these men for being out there and looking for work but there was one lingering concern on my mind - none of the men understood a word I was saying - no English and even my broken Spanish wasn't working.  One really young guy, maybe 15 kind of looked like he understood Paternity Tests (he probably watches reruns of Maury Povich)  and I used my broken spanish "Paternidad" - he gave a little laugh but still didn't indicate complete comprehension.  One older man, said gracias as I walked away. 
 
So the first question that comes to my mind is how does an employer explain to these men what he/she needs done and secondly, as impressed as I was with their eagerness to work, isn't there something blatantly illegal about this and where are all the able bodied young American guys looking for work?  How do 10 - 15 men, who are obviously not here legally, get to sit on a pretty well known street corner, looking for work and not one public official does anything about them?

And then again, what are you going to do about them.  They need money to support themselves and their families.  They are here and I don't think going back to their country of origin anytime soon (not w/o a ticket from Uncle Sam) They appear to be hard working and if employers weren't picking them up for day work then these men wouldn't be there waiting.  It's a double sided sword - they need the work - employers need hard workers who they can pay "off the books" cheaply.  And let's face it, the age of the American born teenager going around and cutting grass, shoveling snow and doing odd jobs to pay for his first car are over. 

Found this link on   LinkedIn and it is a great tool for anyone to use with internet access. 

The green card tracker is designed to show your position in line for a green card. It relies on official USCIS I-485 data to automatically calculate the number of applicants who are ahead of you. If your I-485 is still pending, use this tool to figure out the total number of Adjustment of Status (green card) cases from your country, in the same employment-based category, but having an earlier priority date (PD).

To check your position in the green card queue, select your I-485 information and click "Track I-485":

Since announcing the designation of Haiti for Temporary Protected Status (TPS), USCIS has received thousands of applications. In reviewing these applications, we've noticed the following problems:

1. Not including the appropriate filing fee. Include the appropriate fee with your application.
   USCIS has created a chart to help customers know what fees they are
   required to pay when they file for TPS. It is located on the "Temporary
   Protected Status - Haiti" page under the "Humanitarian"
   section of uscis.gov. If you cannot afford
   to pay the filling fee, you may request a fee waiver. Information on fee
   waivers can be found on the "Fee
   Waiver Guidance" page. 
2. Not completing every question on the form. Complete every question on the form. If you skip or
   do not answer questions on the form, processing may be delayed, or your
   application may be rejected or denied.
3. Not including your A-number (if you have one). If you have an alien number (A number), it is very important that you include
   that number on your application. 
4. Not signing the application.
   Please sign your application. If your application is not signed, we will
   reject your application and return it. 
5. Using an incorrect form to apply for TPS.
   Use only forms I-821 and I-765 to apply for TPS. Other forms cannot be used to apply for TPS. If you submit different forms, your case will be rejected or denied. You may
   obtain these forms for free here.
   You may also call our forms center at 1-800-870-3676 and have the forms
   sent to you.

The problems listed above may cause a delay in the processing of your
application or may result in your application being rejected and returned
to you or denied. Please avoid these problems and follow the tips provided
to ensure proper processing of your application.

In-State Tuition Bills- S1036/S1933 & A194/A990

The proposed In-State Tuition Bills would allow all residents (legal and non-documented) of New Jersey to qualify for in-state tuition rates at public institutions of higher education.  This bill would benefit the entire State of New Jersey by allowing all students that have graduated with good grades, demonstrated good character, and attended at least three years of high school in New Jersey to pay the same tuition regardless of citizen or immigration status.

Currently, undocumented  students who are residents of New Jersey are required to pay out-of-state tuition rates, which could be up to double the resident state tuition rates.  For many the higher rate goes beyond their financial means impeding their ability to attend college.  In addition, only U.S. citizens are entitled to Federal Student Aid for college.

This bill affects those individuals who have grown up in New Jersey, have attended and graduated from New Jersey public or non-public school system, and who are residents with New Jersey roots who are committed to becoming citizens. Very often these students came to this country because their family was fleeing political, religious or economic instability, a decision made by the parents not the student.  Yet, despite the many obstacles they have faced, these students worked hard and succeeded in school. 

This bill would reward them for their hard work, initiative and desire to pursue higher education to become productive members of our communities.  When talented students in our communities are prevented from reaching their full potential, we all suffer.  However, we are also opening the door for state and federal aid to be divided among a larger population, by allowing non-documented families access to these funds.  The bills have solid arguments on both sides of the coin and should be decided shortly.  

 

An article in the New York Times dated January 1, 2010 tells the story of 4 undocumented students, leaving from Florida on the 1500 mile trek to the nation's Capital to highlight the need for Immigration Reform.  The four young men plan on visiting different state offices along the way to speak directly to representatives who are not voting in favor of reform. 

Their particular plight is timely because high school students are now in the process of submitting their Federal Financial Aid (FAFSA) applications.  Many students have been accepted to the schools of their dreams but College costs what they are today, there are few who can attend without financial assistance.  Federal Financial Aid is available to U.S. Citizens or those with Resident or Permanency Cards.  Undocumented students are not eligible for Federal Aid and as of this writing, New Jersey is debating on whether the very same undocumented students should be eligible for in-state aid.  It was surprising to note in a few conversations this week with local school associations that the "eligibility" requirement was not clear to some.   

One of the young men involved in the march from Florida to Washington, was accepted to Duke University but is not able to attend because he is not eligible for Federal Student Financial Aid.  All of the young men are placing themselves at risk for deportation by this public display.  How sad for them to have come so far and worked so hard - only to be set back by circumstances and events beyond his control.   Had their families thought about correcting their U.S. status while these young men were still in elementary or high school, then at least one would be attending Duke University instead of marching to Washington.

Financial Aid Counselors may find it difficult to bring this subject up to certain students.  In this day of "political correctness"; maybe it would be considered rude for a counselor to broach the subject with a student or his family.  But I think the consequences far outweigh the possible "profiling" nature of the subject.  Since it is high school guidance and financial aid counselors who come into contact with students - it should be incumbent on the counselors to let the families know that DNA tests can expedite family based visas.  Since there is the usual paperwork and bureaucracy involved, starting the process while the children are either in elementary or early in high school is recommended.  Local Legal Aid Societies and other not for profit agencies are all involved in assisting undocumented families become reunited and achieve permanency in the United States.   

The United States needs more young people with the fortitude and courage that these young men exhibit.
 
The DNA Lady, owns a DNA collection facility in Metuchen, NJ.  If you need a referral to one of the not for profit agencies in your area, call 732-632-8820 and we will supply names, phone numbers and addresses of someone nearby depending on your circumstances - either not for profit or of legal counsel.

FAFSA applications also require that parents' disclose full financial information, irrespective of the parent's role in the child's life.  If you need a DNA test to prove/disprove Paternity or Maternity, or any other biological relationship - we're here to help, as well. 

As a permanent resident (green card holder), you may petition for certain family members to immigrate to the United States as permanent residents.

You May Petition For The Following Family Members

Spouse (husband or wife)

• Unmarried children under
• Unmarried son or daughter of any age

Application Process

To obtain a green card for your family member, you must:

• File Form I-130
• Provide proof of your status to demonstrate that you are a permanent resident.
• Submit evidence of the qualifying relationship such as a birth certificate, marriage certificate, divorce decree, etc. See the form instructions for specific documents required.
• Submit proof of any legal name change for you or your family member (the beneficiary).

See the instructions for Form I-130, Petition for Alien Relative, for detailed instructions.

If you or a member of your family is in the U.S. military special conditions may apply to your situation. For information and additional resources, see the "Information for Members of the Military and their Families" link to the right.

Preference Categories

When petitioning for your relative, the following preference categories apply: 

• Unmarried, adult sons and daughters of U.S. citizens. (Adult means 21 or older)
• Spouses of green card holders, unmarried children (under 21) of permanent residents
• Unmarried adult sons and daughters of permanent residents
• Married sons and daughters (any age) of U.S. citizens
• Brothers and sisters of adult U.S. citizens

A visa becomes available to a preference category according to the priority date (the date the I-130 was properly filed). For more information on priority dates, see the "Visa Availability and Priority Dates" link to the right.

What happens next?

• If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status. 
• If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed. This process is referred to as "Consular Processing."
• Your family member's preference category will determine how long he or she will have to wait for an immigrant visa number. Once you have filed a petition, you can check its progress on "My Case Status" in the links to the right. For visa availability information, see the "Visa Bulletin" link to the right.

For more information on becoming a permanent resident, see the "Adjustment of Status" (for processing within the United States) and "Consular Processing" (for processing overseas) links to the right. For more information on green cards, see the "Green Card" link to the right. For more information on each benefit type and the steps to take to help your relative immigrate, see the links to the left.

Note: A visa petition (Form I-130) is only used to demonstrate a qualifying relationship. An approved petition DOES NOT grant any benefit except to create a place in line for visa processing. For more information on green cards, see the "Green Card" link to the right. For more information on relatives and green cards, see the link to the left.

The DNA Lady owns a DNA Testing facility in Metuchen, NJ  732-632-8820.  Call for questions on how to set up DNA tests for yourself and your beneficiaries at home.  DNA Testing is often part of the non-documentation form of confirming a biological relationship to someone in another country and also one of the fastest methods.  Rather than searching for old birth certificates, marriage certificates a non-invasive DNA test performed at an Embassy approved facility and analyzed at an AABB accredited laboratory can help expedite the immigration process. 

Who Can Answer Your Immigration Questions?

Private Attorneys: Call the American Immigration Lawyers Association at 1-800-954-0254 for a referral.Also, check for other "Accredited Representatives" at the following: www.usdoj.gov/eoir/statspub/raroster.htm

There are NO new amnesty laws

There are proposed changes in immigration law but these are only proposals and are not laws; no one can apply for lawful permanent residency under those proposals

You cannot apply for lawful permanent residency because you have been in the United States for a long time unless you have lived here continuously since January 1, 1972

If you apply for employment authorization or lawful permanent residency when you do not qualify, the Department of Homeland Security will start removal proceedings against you, which may result in your removal from the United States

A lawful permanent resident may lose this status if he/she commits a crime or if he/she is outside the United States for more than six months without advance permission from the Department of Homeland Security

Only go to an attorney or accredited representative if you have immigration questions

Lawyers must have a license to practice law - ask to see their law license

Accredited representatives have to be accredited and work for an agency recognized by the Board of Immigration Appeals - ask to see their accreditation documents

Never sign an application with false information

Never sign a blank form

Ask for copies of everything you sign

Get a second opinion before filing any immigration application, especially if the advice sounds too good to be true

If You Are a Victim of Immigration Fraud, Report it to the Attorney General of the State in which you legally reside.

Finally, one of the fastest methods of moving through the immigration process is by positively identifying the biological relationship to your beneficiary(s). An AABB accredited DNA collections/testing facility can perform a simple, non-invasive DNA test to confirm paternity, maternity, grand paternity/grand maternity, full sibling vs. half sibling vs. unrelated and avuncular (aunt/uncle) biological relationships. See the DNA lady's glossary of terms for more information. DNA tests are the gold standard in human identification. Call your local DNA collections expert, to schedule a DNA test for yourself and for your beneficiary.The results of these tests are sent directly to the US Citizen and Immigration Service Center, National Visa Center, U.S. Embassy or the National Passport Office, whichever government entity you are working with to reunite with your family.