What is Adjustment of Status?

Adjustment of Status 

The process of obtaining lawful permanent resident status in the United States without having to leave the United States to do so.  Generally, this option is unavailable to many persons who entered the United States without inspection.  This should be distinguished from “Change of Status” which is generally used when changing from one nonimmigrant status to another.  

Naturalization Basics

Naturalization

Naturalization is the lawful way of acquiring citizenship.  Generally speaking, in order to qualify for naturalization, a person must first be a Lawful Permanent Resident (LPR).  There are some exceptions for military personnel.  The person applying must be at least 18 years old, have resided continuously fin the U.S. for five years after permanent residency.  This requirement is reduced to three years if the person gained their permanent residency status based on a marriage to a U.S. citizen.  It is necessary for the applicant to have a residency for at least three months prior to the application for citizenship in the state in which they are filing their petition.  It is also necessary that the person is physically present in the United States for at least half the residency period.  In addition, it is necessary to maintain a continuous residency in the United States during the naturalization application process.  There is also a requirement of good moral character and a minimal ability to read and write english, as well as understand the basic history and principles of government of the United States.  

Deferred Action for Childhood Arrivals (DACA) Basics

Deferred Action for Childhood Arrivals (DACA)

On June 15, 2012 President Obama announced Deferred Action for Childhood Arrivals, otherwise known The Dream Act.  This allowed children whose parents brought them to the United States prior to them reaching age 16 to be entitled to certain immigration benefits.  This administration has been using “prosecutorial discretion” to not initiate or even terminate removal proceedings against certain foreign nationals who qualify.  In addition, these applicants are entitled to an Employment Authorization Document (EAD) which will allow them to work in the United States for a period of two years.  Generally, this document can be renewed.  

Applicants for DACA should:  

1. Have entered the U.S. prior to age 16; 
2. been younger than 31 on June 15, 2012;
3. have been continuously present in the United States for at least 5 years; 
4. must have either served in the military or be enrolled in school, or have graduated from high school, or received a GED.  

Applicants cannot have been convicted of a felony, three misdemeanors, or a significant misdemeanor.  

I-751 Removing Conditions on Residence

Here's a good article that has some good information on removing the conditions on residence:

http://asianjournal.com/immigration/petition-to-remove-conditions-on-residence/

Illegal Immigrant Marrying U.S. Citizen

Here is a good article about the effect of an illegal immigrant marrying a U.S. Citizen.  There are many people out there in this situation.

http://www.csmonitor.com/USA/Politics/2013/0214/Immigration-reform-s-tough-call-illegal-immigrants-married-to-US-citizens/(page)/2

Deportation Proceedings

An up-close look at what it's like when a close family member is the subject of a deportation proceeding:

http://ireport.cnn.com/docs/DOC-915022

Immigration Reform and Worker Visas

I'd be surprised if Immigration Reform doesn't include a significant amount of changes to the current Worker Visa program.  This article discusses the clear need for it.

http://www.cnn.com/2013/01/28/opinion/jacoby-immigration-reform/index.html