Posted on June 29, 2024 in Immigration

DHS (Department of Homeland Security) recently announced actions designed to support unity in families with a noncitizen spouse, child, or stepchild.  How Congress will address immigration issues remains to be seen, but this new development from the administration establishes a case-by-case procedure to keep families together. Currently, non-citizens who are married to U.S. citizens may make an application for lawful permanent residence. Unfortunately, these laws also require non-citizens to leave the U.S., waiting for months or years to be processed.

The current procedure often results in prolonged separations from family members. In turn, fear and uncertainty exist for non-citizens forced to leave their loved ones, unsure of when—or if—they will be reunited. The new immigration procedures are meant to keep family separations to a minimum. Those who are eligible to take advantage of the "parole-in-place" initiative should not hesitate to speak to an experienced immigration attorney. This step is crucial to empower you with the right information while providing you with an empathetic, knowledgeable attorney who will advocate on your behalf.   

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 Posted on May 29, 2024 in Immigration

The Deferred Action for Childhood Arrivals (DACA) program has been a lifeline for many young immigrants in Texas since its inception in 2012. This program offers temporary protection from deportation and work authorization to eligible individuals who came to the United States as children. A Texas lawyer can help you understand the crucial aspects of DACA that every applicant and their family should understand.

Eligibility Requirements

To qualify for DACA in Texas, applicants must meet several key criteria. First, they must have entered the U.S. before their 16th birthday and have resided there since June 15, 2007. Applicants must also be under the age of 31 as of June 15, 2012, and have no lawful status on that date.

Education is a crucial aspect of DACA eligibility. To qualify, applicants must attend school, have graduated, received a GED, or be honorably discharged Coast Guard or Armed Forces veterans. Individuals must not have a felony conviction, a significant misdemeanor, or three or more other misdemeanors, and they must not pose a threat to national security or public safety.

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 Posted on May 14, 2024 in Immigration

Waiver of Inadmissibility can be a challenging legal concept that often raises questions and concerns for individuals and families navigating the U.S. immigration system. For those facing challenges related to inadmissibility, understanding what a waiver entails and how it can provide a solution is crucial. A Texas lawyer can offer insights into the legal grounds of inadmissibility, eligibility requirements for a waiver, and the importance of seeking experienced legal representation when pursuing this form of relief.

What You Should Know About a Waiver of Inadmissibility

Inadmissibility refers to the legal grounds outlined in the Immigration and Nationality Act (INA) that prevent a foreign national from being admitted to the U.S. or obtaining a green card. These grounds include issues such as criminal convictions, health concerns, immigration violations, and more. When an individual is deemed inadmissible, they may be denied entry or face deportation.

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 Posted on April 26, 2024 in Immigration

Facing an immigration court date can be an anxiety-inducing experience for many individuals. However, proper preparation is crucial and can significantly impact the outcome of the case. A Texas lawyer can provide you with valuable tips to help you navigate the immigration court process.

Know Your Rights and Responsibilities

Before your court date, familiarize yourself with your rights and responsibilities as an immigrant in Texas. Understand the specific laws and regulations that govern your case and be aware of the potential consequences of your actions. Knowledge is power, and understanding the legal aspects can help you make informed decisions.

Gather and Organize Your Documents

Immigration courts rely heavily on documentation to support your case. Gather all relevant documents, such as birth certificates, marriage certificates, employment records, and any other evidence that supports your eligibility for immigration relief. Organize these documents in a logical and easily accessible manner, making it easier for you and your attorney to present them during the hearing.

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 Posted on April 15, 2024 in Immigration

Dealing with a visa denial can be a challenging and emotionally taxing experience for anyone hoping to enter the United States. However, it is important to recognize that denial does not necessarily mean the end of your journey. A Texas lawyer can help you explore various legal options to potentially overcome a visa denial.

Make Sure You Understand the Reason(s) for Denial

The initial step to address a visa denial is comprehending the rationale behind it. The U.S. Citizenship and Immigration Services (USCIS) issues a written explanation for the denial, aiding you and your lawyer in deciding the next steps. Visa denials commonly stem from inadequate documentation, not fulfilling eligibility criteria or doubts regarding the applicant’s intention to return to their home country.

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 Posted on March 15, 2024 in Immigration

For many immigrants living in Texas, the threat of deportation is devastating. Whether due to visa overstays, criminal convictions, or other issues, facing removal proceedings can be an incredibly stressful and daunting experience. However, with the right legal strategies, it may be possible to overcome these challenges and remain in the United States legally. A Texas lawyer can help review your situation and see what potential options you may have.

Understanding the Grounds for Deportation

Before exploring potential defenses, it is crucial to understand the grounds for deportation under Texas law. The most common reasons include:

• Overstaying a visa or entering the country illegally
• Certain criminal convictions, even minor ones
• Security threats or terrorism concerns

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 Posted on March 05, 2024 in Immigration

If you are an international student considering studying in Texas, one of the first steps in making your dream a reality is understanding the visa options available to you. Obtaining the appropriate visa is crucial for ensuring a smooth and legal transition into your life as a student in the United States, and a Texas lawyer can help you with the process.

F-1 Student Visa

The F-1 visa is the most common student visa for those pursuing academic studies at an accredited U.S. college or university. To be eligible for an F-1 visa, you must be enrolled as a full-time student in a program that leads to a degree, diploma, or certificate. You will also need to demonstrate that you have sufficient financial resources to support yourself during your stay in the United States. When applying for an F-1 visa, provide:

• Evidence of your acceptance into a SEVP-approved school.

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 Posted on February 21, 2024 in Immigration

Deciding whether to apply for a green card or change your immigration status can be a complicated decision with major consequences. A Texas immigration lawyer can help you break down key times when you may want to seek an adjustment of your immigration status and what steps you should take for your specific situation.

Your Nonimmigrant Status is Expiring Soon

One of the most common reasons people apply for green cards or other immigration benefits is that their nonimmigrant status expires soon. For example, many people enter the U.S. on nonimmigrant work or student visas that temporarily allow them to live here. As the end date of the visa approaches, they may decide to seek lawful permanent resident status or another longer-term solution.

You Want to Change Employers

Those in the U.S. on employment-based visas are usually tied to the specific employer who sponsored their visa. If you want to change jobs or employers, your existing visa will no longer be valid. However, depending on your situation, you may qualify to change employers and transfer your visa. Or you may be eligible to change your status to a green card based on employer sponsorship. Consult an attorney before making any job changes as a foreign visa holder.

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 Posted on February 14, 2024 in Immigration

If you have been the victim of a crime in the United States and cooperated with law enforcement in the investigation or prosecution, you may be eligible for a U visa. The U visa provides temporary legal status and work eligibility for victims of certain qualifying crimes who assist officials. A Texas immigration lawyer can help review your situation with you and see if you are a potential candidate for a U visa.

What Crimes Qualify for a U Visa?

The category of crimes that qualify a victim for a U visa is broad. Some examples of criminal activity could include domestic violence, sexual assault, kidnapping, felonious assault, human trafficking, involuntary servitude, and others. The most essential requirement is that the crime violated U.S. laws and occurred in the United States or its territories.

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 Posted on January 30, 2024 in Immigration

An employment-based green card allows foreign nationals to live and work permanently in the United States based on an offer of employment. However, only some are eligible to apply for this immigrant visa. Specific requirements regarding your employment, background, and relationship with the sponsoring U.S. employer exist. A Texas immigration lawyer can help determine if this is the best course of action for you and your situation.

The Employer Requirements

The employer petitioning for your green card must be a U.S. employer, entity, corporation, or organization. They must demonstrate that they can pay the offered wage and comply with immigration laws.

Sponsoring employers must also show they are still looking for qualified, willing, and available U.S. workers for the offered position. They must test the labor market through advertising, campus recruiting, job fairs, etc. There are exceptions for Schedule A occupations with a shortage of qualified workers.

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