Citizenship

SCOTUS To Rule On Obama's Immigration Initiatives

Today the Supreme Court of the United States said they will rule on the constitutionality of immigration initiatives proposed by Obama back in 2015. News sources say this ruling could affect around 5 million undocumented immigrants potentially granting them lawful status and access to employment authorization. Programs of note under the ruling include Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), which is a similar program to the already implemented DACA (Deferred Action for Childhood Arrivals), and DACA itself. The initiative would grant expansion to the DACA program, allowing for status holders to stay for three years instead of the current two. It would also expand the eligibility requirements of the program to include more undocumented immigrants. 

SCOTUS will present their decision this summer.

For further reading on the history of these initiatives and the implications of SCOTUS' ruling, follow the links below.

http://www.uscis.gov/immigrationaction

https://www.ice.gov/daca

http://www.dhs.gov/immigration-action

http://www.c-span.org/video/?c4562013/pres-obama-asks-supreme-court-rule-immigration

 

When can you become a Citizen?

Every year before a Presidential Election, I get calls from clients asking when & how they can become citizens.  Assuming that you do not have a parent who is a US Citizen, the following applies with regards to "when" you can file. 1) If you gained permanent residency (your Greencard) through marriage to a US Citizen (filed an I-130), you can file for your Citizenship by filing an N-400. Technically you can file after you have been a permanent resident for 2 years and 9 months since you receive Permanent Resident status (Remember, in almost all marriage based petitions, you are required to remove the conditions, and this must be approved prior receiving Citizenship).

2) If you gained Permanent Residency any other way, you can file after being a permanent resident for five (5) years.

A side note: If you've had any criminal issues, or have previously claimed to be a US Citizen, it is very important that you discuss this with a competent Immigration Lawyer BEFORE filing.