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 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...