Attorney Immigration Law Blog

By: tompmiller | September 06, 2017

Yesterday, September 5, 2017, the Trump Administration announced the elimination of Deferred Action for Childhood Arrivals (DACA). This blog (1) recalls what DACA really is, (2) explains what elimination of DACA means and (3) looks at what those affected may do.

DACA was an initiative announced by the Obama Administration on June 15, 2012, and thus constituted an Executive Order. As such, it is not a statute or law that can provide immigration rights, as immigration rights can only be conferred by Congress. DACA merely said: if you (a) fit certain criteria (i.e., are under a certain age, entered the U.S. as a minor, within a certain window of time), (b) raise your hand and tell us everything about you (your name, address, etc.), and (c) prov...

By: tompmiller | April 13, 2016

On June 15, 2012, President Obama announced a new immigration benefit case "Deferred Action." You can benefit from Deferred Action if you meet all of the criteria below:

1. You entered the U.S. before your 16th birthday and are no more than 30 years old at the time of application; and
2. You have been present in the U.S. on June 15, 2012 and for at least 5 years prior; and
3. You have not committed a felony, a significant misdeamor or multiple minor misdemeanors; and
4. You are currently attending school, graduated school, or have a GED, or you are an honorably discharged veteran.

Criminal Record. A felony is an offense punishable by one or more year in prison. A significant misdemeanor can be a number of things, such as domestic viole...

By: tompmiller | April 11, 2016

An immediate relative of a United States citizen, can adjust his or her status to a legal permanent resident if the immediate relative meets certain criteria. The U.S. citizen is referred to as the "Petitioner" and the foreign immediate relative is referred to as the "Beneficiary" or the "Applicant". The Petitioner and Beneficiary file for the adjustment with U.S. Citizenship and Immigration Services (USCIS).

The following are immediate relatives of a U.S. citizen:
  • spouse (husband or wife);
  • child (must be an unmarried minor);
  • parent.
While there are more criteria, I will cover the main ones. The immediate relative must be in the U.S. If the immediate relative is outside of the U.S., he or she may still qualify for a...

By: tompmiller | April 09, 2016

No guidance on filing for Deferred Action has been issued to date. However, we do know the requirements to qualify. As with most applications for immigration benefits, you will need to document you meet the criteria. Therefore, you should start gathering the documents now. You will need original or certified copies of each document for any interview that USCIS might require, but most likely, you will only send in copies of the original or of the certified copies to begin with.

  • Have arrived in the U.S. when they were under the age of sixteen.
Documentation that you were in the U.S. before you turned 16 year old: birth certificate and medical records, school records, tickets for travel within the U.S., proof of attending events in the U.S., cam...

Category: Uncategorized 


By: tompmiller | April 08, 2016

A United States citizen can bring his fiancée (or her fiancé) from abroad into the U.S. on a Fiancé(e) K-1 Visa for the purpose of marrying that fiancé/fiancée.

The process starts with the U.S. citizen ("Petitioner") petitioning on Form I-129F for the foreign fiancé(e) ("Beneficiary"). The I-129F is filed domestically with the appropriate U.S. Citizenship and Immigration Services ("USCIS") office. The form must be supported by requisite documentation, including that the Petitioner and Beneficiary met in person within the last two (2) years (there are exceptions).

If the USCIS approves the I-129F Petition, the file is sent onto the U.S. Department of State's National Visa Center ("NVC"). The NVC runs a n...