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Recent Blog Posts
Texas Halts In-State Tuition for Undocumented College Students
Mere hours after a federal lawsuit targeted Texas for allowing undocumented students to qualify for in-state tuition, the 24-year-old law was overturned. The state of Texas agreed with the federal government’s demand that it halt the practice that had been in place for over two decades after the DOJ announced it would sue the state for the policy. The Texas Attorney General took credit for the outcome, calling the policy "discriminatory and un-American."
The DOJ argued that universities cannot provide benefits to undocumented individuals that they do not provide to every U.S. citizen. This argument generally makes little sense, as all states offer in-state tuition to those who live in the state. In-state tuition in Texas is not afforded to students in California, and vice versa.
Texas was, surprisingly, the first state to offer in-state tuition to undocumented immigrants. Recently, Senate Bill 1798 also sought to repeal the law but stalled before reaching the floor for a vote. The bill would have allowed universities to withhold the diplomas of undocumented immigrants until they paid the difference between in-state and out-of-state tuition. If you have questions regarding this latest decision, speak to an experienced Plano, TX immigration lawyer.
What Impact Will Divorcing My Immigrant Spouse Have?
More than 400,000 U.S. citizens marry foreign nationals each year, petitioning for them to obtain permanent residency status. Foreign-born spouses of U.S. citizens are immediate family members and, therefore, exempt from statute limitations under current federal immigration laws.
Marrying a U.S. citizen could be the quickest way for a foreign-born individual to obtain a green card, although there are many safeguards in place to stop anyone who might marry a U.S. citizen only to get a green card. One of those safeguards is a rigorous interview for citizens and noncitizens in these situations.
But what happens when a marriage between a U.S. citizen and a foreign-born individual ends in divorce? Will divorce affect the immigration status of a noncitizen? If you are facing a similar situation, it is important that you speak to a knowledgeable Plano, TX immigration attorney who can help you determine what your options are.
Immigrants Who Came to Texas to Legally Work Ordered to Leave
A young couple who fled violence in their home country of Haiti came to Panhandle, TX in 2023 for the dream of a better life. They were sponsored by a Panhandle family, and their immigration process was entirely legal. The couple were given at least two years to stay and work in the United States as they worked to complete the process of obtaining a green card.
Unfortunately, this couple, like hundreds of thousands of others, received word in March that their work permits would end on April 24th. Many immigrants like this couple find themselves in a similar situation. They are unsure of whether they should stay, risking arrest and deportation that could separate their families, or leave on their own, returning to a home country they fled due to violence and poverty.
Texas International Students Have Status Revoked and Restored
Thousands of international students whose ability to stay legally in the United States was revoked a few weeks ago are now having their immigration status restored. About 250 of these students are in Texas, including 12 of the 23 students at Texas A&M University who had their status terminated in early April. It was unclear at the time the status was restored whether any of them had left the country after the revocations.
Four students at Texas Woman’s University, five at the University of Texas at San Antonio, three at the University of Texas Rio Grande, and four at the University of Texas at El Paso had their status restored. Many of these students received no notification from the federal government that their status had been terminated.
These notifications are usually posted in the Student and Exchange Visitor Information System (SEVIS), a database maintained by the Department of Homeland Security. The Secretary of State announced that federal officials would use AI to screen the social media of international students, issuing revocations of visas if any pro-Palestine content was found.
How High-Tech H-1B Work Visas May Be Impacted
The H-1B visa is a work visa classified under temporary or specialty visas. A foreign national with specialized skills and education can work in the United States under an H-1B visa for a total of six years, with a three-year initial period and an additional three-year extension. As the new administration changes virtually every aspect of prior immigration policies, confusion is the overall result.
Although no industry is immune from these breakneck-pace changes, the high-tech sector has been especially impacted. The developments expected to unfold for H-1B workers in the coming months are more fully detailed below. If you or a loved one is in danger of deportation or you are unsure about a status that is in the works, it is important to speak to an experienced Plano, TX immigration attorney.
What Effect Would Senate Bill 8 Have on Deportations?
Last week, proposed Texas Senate Bill 8 garnered both support and very vocal opposition. If SB8 passes, it would require cooperation and collaboration between county sheriff’s departments across the state and Immigration and Customs Enforcement (ICE) as they work to locate and deport undocumented immigrants. SB8 would require larger sheriff’s departments – in counties with more than 100,000 residents – to accept these ICE partnerships.
Under the Senate Bill, some funds would be available for smaller counties. Since virtually everything related to immigration and deportation is currently in flux, speaking to an experienced Plano, TX immigration attorney can be beneficial if you have questions about your immigration status or need assistance with any immigration issue.
What is a Waiver of Admissibility for Health-Related Grounds?
Before an individual can enter the U.S. as an immigrant or when seeking a status adjustment, a health screening is required. This health screening is a requirement under INA Section 212(a)(1) and is meant to stop certain immigrants with specific medical diseases from entering the U.S.
Health screenings are considered justified based on hazards to the health and safety of the public or because certain diseases or illnesses could place a substantial financial burden on the public. In certain limited cases, an inadmissibility waiver may be qualified for (when available) if a green card holder or United States citizen assumes responsibility for any medical expenses related to the identified health issue.
Immigration issues are changing rapidly under the new administration, with many immigrants in a state of uncertainty. If you are seeking a waiver of admissibility on health-related grounds, it is important that you speak to an experienced Plano, TX immigration lawyer. This can help you determine the best way to maintain your current immigration status or seek a change in your status while potentially avoiding removal or deportation.
What is Involved in a Green Card Marriage Interview?
While the entire green card marriage process can be complex and full of stumbling blocks, perhaps no part of it is as nerve-wracking as the required in-person interview. During the interview, a USCIS employee or a consular officer evaluates the legitimacy of the marriage to ensure it is not only for immigration benefits.
Questions during the green card marriage interview will focus on the history of the couple’s relationship, their future plans, and what type of daily activities they commonly perform as a married couple. While each green card marriage interview is unique in some way, an experienced Plano, TX immigration attorney can help prepare you for the interview so you will have the best possible outcome.
Requirements for a Marriage Green Card
Eligibility for a marriage green card includes the following:
TX National Guard Given Authority to Make Immigration Arrests
The Governor of Texas has given National Guard soldiers the authority to make immigration arrests. Prior to this, only U.S. Customs and Border Protection officials could detain and deport undocumented immigrants. The National Guard members who exercise this new authority are supposed to be in contact with a CBP official "at all times," but this contact can be via cellphone, radio, or "other technology," according to the agreement.
Governor Abbott has been sending Texas National Guard members to the border under Operation Lone Star for the past four years, but up until now, those members have acted only in a support role. As this is the first agreement of its kind, there may be lawsuits challenging the legality of this move. Typically, National Guard units are not considered law enforcement agencies, although they are used to "augment" police agencies under certain circumstances.
House Passes Measure to Deport Migrants for Theft
While not yet passed into law, the first bill of 2025 introduced by House Republicans and named after slain Georgia student Laken Riley, would require the detention of any migrant arrested for theft. This legislation is intended to honor the young woman killed by a Venezuelan migrant arrested for shoplifting prior to the attack.
The bill has both proponents and advocates in Congress and the Senate. Immigration issues are likely to become much more complex in the coming months. If you or a loved one is facing an immigration issue or fears deportation, speaking to a Plano, TX immigration attorney can be a positive step.
Information Regarding the House Bill
The bill was first introduced last March but failed to be approved by the Senate. If passed into law, it would require the detention of migrants in the U.S. seeking asylum who have been accused of theft, burglary, or shoplifting. The bill has caused some concern because it requires detention for those charged or arrested rather than convicted.
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