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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.
Why Having a Plan in the Event of Deportation Is Crucial
Undocumented immigrants in Texas and across the United States are bracing for January 20th, when the new administration takes place. Migrant rights groups are warning undocumented Texans to prepare themselves, including making plans for their loved ones, in the event the worst-case scenario becomes a reality. Data indicates there are approximately 11 million undocumented immigrants who face the possibility of deportation/removal.
The cost of deporting this many people is estimated to take up to an entire decade, costing almost a trillion dollars. The current plan would require building huge detention camps, hiring thousands of new ICE and Border Patrol employees, and expanding immigration courtrooms by adding 1,000 new courtrooms specifically for immigration proceedings.
While it is still unclear how these removal proceedings would work, there is considerable uncertainty among undocumented immigrants – some of whom have been living, working, and raising families in the U.S. for decades. Anyone facing such uncertainty should first speak with a knowledgeable Plano, TX immigration attorney. While it is hoped that you will never face removal or deportation, you should definitely explore all your options and have a plan in place.
Uncertainty Returns to DACA Recipients with New Administration
A child who was brought to the United States when her parents fled Mexico’s violence has spent most of her life haunted by the possibility of deportation. In 2012, there was a brief reprieve when this young woman received a letter detailing her acceptance into a program for immigrants like her who were brought to the U.S. as children. The program was the Deferred Action for Childhood Arrivals (DACA) brought by the Obama administration.
The program granted two-year renewable permits, allowing these "Dreamers" a legal immigration path. However, the new administration taking office on January 20th could end the temporary relief afforded this young woman and so many more. Unfortunately, uncertainty has become a way of life for DACA recipients; after a judge deemed the program illegal in 2021, no new applicants have been accepted.
New applications could not be processed at that time, although current recipients were allowed to renew DACA permits. DACA permits have allowed these young adults to obtain a driver’s license, work in the U.S. legally, and even get healthcare. These Dreamers have started their own families, purchased homes, paid their taxes, attended school, and lived as Americans, yet this could all come to an end when the new administration takes over.
How Do I Know if I Am Eligible for Adjustment of Status?
When someone wants to apply for permanent residency in the United States — also referred to as getting a green card — there are two options: consular processing and adjustment of status. Consular processing is when the applicant is outside the U.S. and applies for a green card through the U.S. embassy in his or her home country. An adjustment of status, on the other hand, is when a person applies for a green card while in the United States.
To apply for adjustment of status, you need to fulfill certain criteria. These conditions are not always easy to meet, so it is best to consult a Texas immigration attorney about your eligibility for a green card. Here are some of the requirements for adjustment of status in the United States.
You Must Have No Grounds of Inadmissibility
The United States Customs and Immigration Services (USCIS) has a list of factors that make someone ineligible for a green card. These are called grounds of inadmissibility, and they include:
What Is the Difference Between IR and F Family Visas?
Someone who wants to become a lawful permanent resident (LPR) of the United States — also referred to as getting a green card — has several options. One of the best ways is by showing you have a family member who is a U.S. citizen or LPR. If that family member is willing to sponsor you, you may be eligible for a visa that can help you get a green card. But which family members are acceptable to immigration authorities?
There are two types of family-based immigrant visas: an immediate relative (IR) visa and a family preference (F) visa. This article will discuss each visa and explore the differences between them. For more details or legal assistance in any immigration-related matter, contact an experienced Texas immigration attorney.
What Is an IR Visa?
An immediate relative (IR) visa is for applicants who have close family members with U.S. citizenship. This is generally the fastest way to become an LPR because the wait time for the visa is shorter. Family members who qualify as immediate relatives are:
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