Schedule a Free Consultation 
214-295-3014
Recent Blog Posts
Family hopes caretaker status will stop pending deportation
Anyone in Plano who has had to try and navigate the waters of the immigration process may know exactly how complicated that process can be. Fortunately, when one has a family member that is either a U.S. citizen or a legal permanent resident, they often have a leg up on attaining legal immigration status.
That may not always be the case, however. Alleged immigration law violations committed by those with family members in the U.S. might still make them subject to deportation. It is in such a scenario where they may have to rely on other provisions that support their residency status.
Father fights to stay in the country
The legal team for a New Jersey resident currently facing deportation hopes just such a provision will allow him to stay in the country. According to reports, the man sought asylum after arriving from his native India, yet did not gain approval. He remained in the U.S., however, with his wife and two daughters (all of whom are U.S. citizens) up until federal immigration authorities recently detained him. Yet one of his daughters suffers from permanent disabilities and requires around-the-clock care. This has prompted his attorney to point out that his deportation would cause an undue hardship on his wife by leaving her to care for the girl alone. He currently sits in an immigration detention facility awaiting a ruling on his case.
How do you avoid immigration scams?
On one hand, it could be a good idea to contact multiple people when deciding how to proceed with your immigration case. On the other hand, this could open you up to being the victim of a scam.
It is not always easy to identify whether someone who offers to help you with your immigration process is legitimate. To make matters worse, the American Bar Association has observed that notario fraud —immigration scams, in other words —is on the rise.
Be skeptical
Perhaps the best thing you could do to avoid scams would be to maintain skepticism about any claims of future success. Of course, you should maintain hope — but it would typically be unwise to let it distract you from the reality of the situation.
Coming the U.S., everyone applying for a given type of visa has to follow the same procedures. Immigration is a highly bureaucratic process subject to the intense scrutiny of multiple agencies. Because there are rules for virtually every situation, there are no exceptions to these rules.
Employment authorization for H-1B dependents
The United States provides many types of visas to foreign nationals. Some of these visas allow non-U.S. citizens to live and work legally in America.
When a person from another country wishes to have a family member from their home country join them in the U.S., the family member may also wish to work in the U.S.
H-1B visas for select occupations
As explained by the United States Citizenship and Immigration Services, people who have at least an undergraduate degree in specific fields may apply for and receive an H-1B visa, granting them the right to live and work in the U.S. Some of the recipients of H-1B visas may work in research or defense fields.
H-4 dependents and the Form I-765
A dependent spouse of a person with a valid H-1B visa may qualify to apply for the right to work in the United States. To do this, the applicant must complete and submit the Application for Employment Authorization, referred to as the Form I-765 by the U.S. ICE office. When requesting approval to work in the U.S. via a Form I-765, a person may also request that they be granted a Social Security number. The I-765 applicant’s relative with the H-1B visa may have been received an approved I-140.
What is a spouse visa?
A spouse visa, also known as a K-3 visa, allows a person who has married a U.S. citizen to enter the United States while awaiting immigration approval. If you are a U.S. citizen married someone in another country who is not an American citizen, he or she can apply for the K-3 visa to shorten the time you must live apart.
Explore the steps toget a K-3 nonimmigrant visafor your spouse.
File petitions
As the U.S. citizen, you should file Form I-130, Petition for Alien Relative, with your local U.S. Citizenship and Immigration Services office. Once you receive a receipt from USCIS (Form I-797), file Form I-129, Petition for Alien Fiancé(e). The USCIS forwards both approved petitions to the National Visa Center.
Filing an appeal to get a green card
Green cards provide cardholders with a range of helpful benefits while they await naturalization and continue the process of working toward citizenship in the United States. A person’s application risks denial depending on his or her circumstances and the evidence they submit with their application.
People who receive correspondence notifying them of the denial of their application, have the right to file an appeal to dispute the decision.
Reopen vs. reconsider
According to the U.S. Citizenship and Immigration Services, people may request a reconsideration if they feel or have evidence that information on their application was misunderstood and led to an inaccurate or incorrect decision. A reconsideration is also an option if evidence suggests that immigration law was improperly applied to a person’s case.
What are some of the requirements to become a U.S. citizen?
To apply to become a naturalized U.S. citizen, you must be at least 18 years of age. You also need to have had a valid Permanent Resident Card, typically referred to as a Green Card, for at least five years before applying. There are no age requirements for Green Card eligibility.
To apply for a Green Card, you must show how you qualify to work or reside in the U.S. If you married a U.S. citizen in your home country, you may qualify to receive a Green Card. You may also receive a Green Card if a U.S. citizen adopted you before you turned 16.
When can the citizenship application process begin?
If unmarried, and one of your parents or stepparents is a U.S. citizen, you could apply for a Green Card while under the age of 21. After you turn 21, however, you may wish to consider applying for U.S. citizenship. The benefits of becoming a citizen include voting, running for public office and applying for a job with the federal government.
Seeking a deportation suspension
Most aspects of immigration law invoke hope and excitement in those involved with it; one area, however, can conjure up feelings of despair. This is due to the fact that while one works throughthe immigration process, the threat of deportation may be ever-present.
People in Plano dealing with immigration issues typically understand what they need to do to avoid the threat of deportation: stay out of trouble with the law. Indeed, according to information shared by theU.S. Immigration and Customs Enforcementoffice, of the almost 63,000 removal actions undertaken through the first quarter if 2019, over 40,300 involved some sort of criminal charge. However, that still leaves almost 20,000 removal cases due to some other immigration violation.
Frequently asked questions about fiance(e) visas
Often referred to as a fiance(e) visa,K-1 nonimmigrant visasenable U.S. citizens to bring their foreign partners to this country with the intent of marrying them in a certain time period. Understanding how fiance(e) visas work and what is expected of you and your partner during the process can make for a more efficient experience.
It also prevents your fiance(e) from encountering issues with immigration. The more information you have, the better equipped you are to navigate the immigration process successfully.
Who is eligible for a K-1 nonimmigrant visa?
What are the two types of family-based visa?
If you are in the United States and have family members in another country, then you may want to bring them here. They will have to go through the proper channels to legally immigrate here to avoid potential legal issues.
According to the U.S. Department of State, there are two types of visas you may use to bring family members into the country. To get the visa, you must sponsor the person, and you must also apply for the right type of visa.
Family preference
A family preference visa is for family members who are not closely related, such as a sibling. There is a limit on the number of these visas the government issues each year, which means even if the government approves the visa application, your family member may not get his or her visa right away. He or she may have to go on a waiting list.
How do provisional waivers work?
Immigrants who have entered the United States unlawfully in the past may worry that they have no way of returning to the country. If you came to the country in this manner, you may face a three or ten-year bar on lawful reentry. Yet, if you have relatives who have legal status in the United States, you can apply for a provisional waiver on this bar.
Understanding how waivers work
If you decide to apply for a green card, you must to do so in your home country before returning to the United States. But if you entered the country without a visa, your ability to return could end up in jeopardy. A provisional waiver will help you return to the United States during this process. You must file the waiver in the United States, though, for it to be valid.
Waiver eligibility
Your eligibility for a provisional waiver depends on several factors. One is if you have naturalized United States citizens as relatives. You can also qualify for a waiver if your relatives hold permanent legal resident status. Yet, you may be unable to receive a waiver if you remained in the country unauthorized for over one year during your past visit. If you spent between 180 days and one year in the country on multiple visits without authorization, you may not qualify for a waiver as well. And if you reentered the United States unlawfully after these visits, or have faced removal in the past, you may find yourself ineligible for a waiver.
From our offices in Dallas and Plano, Texas, we serve clients throughout the surrounding areas including Fort Worth, Irving, Arlington, Farmers Branch, Frisco, Carrollton, Garland, Addison, Richardson, Allen, Murphy, Wylie, McKinney, Dallas County, Collin County, Denton County, and all of Northeastern Texas.
Results listed are not a guarantee or indication of future case results.
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
