Lawful Permanent Residency

Yesterday the USCIS announced that it is revising the filing instructions for Form I-751. In the future all I-751 petitions will be filed either with the California or Vermont Service Center where those petitions are currently adjudicated.

The 9th Circuit Court has ruled that possession with intent to delivery marijuana is an "aggravated felony" under the Immigration and Nationality Act. As the law currently stands, a conviction of a crime that is considered determined to be an "aggravated felony" is big trouble for a lawful permanent resident. Unlike U.S. Citizens, lawful permanent residents are subject to permanent removal from the United States. A conviction for certain criminal offenses can be grounds for removal from the U.S.

Today while driving in my car listening to the radio I learned something that outraged me. I was listening to This American Life with Ira Glass. The show was entitled the "Audacity of Government" and presented two stories of how the expanding powers of the executive branch have resulted in widespread abuses of power.

There is a lot of confusion and misinformation about social security cards as it relates to U.S. immigration law. Whether or not a foreign national, whether a resident or non-resident alien, is entitled to a social security card depends mostly on the persons immigration status in the United States.

According to the Social Security Administration (SSA) any U.S. Citizen, lawful permanent resident or other lawful alien who is authorized to work in the U.S. is entitled to a social security card. Whether or not a person is authorized to work is determined by the SSA pursuant to the provisions of 20 CFR §422.105. Examples of non-residents who are authorized to work are beneficiaries of K1 fiance visa petitions or their dependents and applicants for adjustment of status.

Conditional residency is essentially a probationary period for new lawful permanent residents who obtain their residency through marriage to a U.S. Citizen. When a U.S. Citizen and a foreign national are married the foreign national is entitled to apply for lawful permanent resident status in the U.S. If the foreign national applies and his or her petition is granted the USCIS will grant the applicant a 2 year conditional residency.