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Recent Blog Posts
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.
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:
What Can I Do if I Am Denied a Fiancé Visa?
A foreign national who intends to marry a U.S. citizen may be eligible to apply for a K-1 fiancé visa. This visa allows foreign citizens to enter the United States and marry the U.S. citizen sponsor within 90 days. If the marriage occurs, the foreign citizen can apply for lawful permanent resident (LPR) status, otherwise known as a green card.
Fiancé visas are a great way to start the immigration process and become a resident of the United States. However, the application process for a K-1 visa follows strict procedures aimed at weeding out fraud. Sometimes, the U.S. government denies fiancé visas to applicants who are in perfectly legitimate relationships with American citizens because there appear to be red flags, incomplete documentation, or other reasons. This article will discuss those reasons and what you can do if you are denied a K-1 fiancé visa. If your visa application is rejected, contact a Texas immigration attorney who can walk you through your options.
Proving Extreme Hardship for a Waiver of Inadmissibility
Non-U.S. citizens who want to live in the United States must follow certain legal steps. Completing these steps, however, does not guarantee a visa. Applicants who fall into certain categories may be denied on grounds of inadmissibility.
To find out if you or a loved one might be considered inadmissible, speak with a Texas immigration attorney. An experienced lawyer can review your specific circumstances, advise you on how immigration authorities might view your application, and advise you on whether you qualify to apply for a waiver of inadmissibility.
This article will discuss inadmissibility, waivers of admissibility, and how to prove extreme hardship to obtain such a waiver.
What Is Inadmissibility?
The U.S. Immigration and Nationality Act sets out certain criteria that may make a visa applicant inadmissible, meaning he or she is not accepted in the U.S. Immigration authorities may consider a noncitizen inadmissible if he or she:
Can the Public Charge Rule Affect Family-Based Immigration?
The US immigration process can be difficult and rife with challenges. One of those challenges is the public charge rule, which makes some immigration candidates ineligible for permanent residency in the United States. The public charge rule has gone through a few changes in recent years, which is why it is important for applicants to understand how it works when applying for a green card or visa.
A common question is whether the public charge rule affects someone who is applying for family-based immigration, meaning that a family member in the US is sponsoring a visa or green card. Some applicants may assume that family sponsorship overcomes the public charge rule and other factors. This article will explore that issue, but remember that your best legal resource is a Texas immigration attorney.
What Is the Public Charge Rule?
The United States government wants to know that those who wish to take up permanent residence in the country are not going to be a strain on the government. Therefore, the public charge rule says that someone who is likely to depend on public benefits is inadmissible. US Citizenship and Immigration Services (USCIS) officials will make this determination by looking to see if the applicant has received cash assistance from the government through the following programs:
Challenges for Texas Deportation Law as Other States Follow
Texas has recently enacted a controversial immigration law, S.B. 4, which allows state police to arrest and deport individuals suspected of unlawfully crossing the Mexican border. This legislation, signed by Governor Greg Abbott in December, has faced significant opposition from civil rights groups and is currently awaiting constitutional review. Despite the legal challenges, other states such as Oklahoma, Iowa, and Arizona have proposed similar rules, sparking a national debate on state-level immigration enforcement. This situation and the rules applied can get confusing, but a Texas lawyer can help you understand the facts.
The Controversial Texas Law and Its Implications
S.B. 4 represents a significant shift in immigration enforcement at the state level. The law empowers Texas state police to take a more active role in immigration matters, traditionally the domain of federal authorities. Civil rights advocates argue that this legislation is unconstitutional and contradicts federal immigration policy. The law’s opponents have filed lawsuits to prevent its implementation, originally scheduled for March. The Texas law has significant implications:
Do You Need a Lawyer to Get a Green Card?
Obtaining a green card is a significant milestone for many immigrants in the United States. While it is possible to go through the process independently, working with a Texas lawyer can significantly improve your chances of success and reduce stress.
How a Lawyer Can Help You Get a Green Card
Immigration lawyers play a major role in guiding clients through the challenging and ever-changing legalities of immigration laws. An attorney stays current with the latest regulations, providing guidance tailored to your situation. With legal representation on your side, you can ensure all necessary forms are completed accurately and submitted with the required supporting documentation, preventing delays or denials due to paperwork errors.
Depending on your circumstances, multiple pathways may exist to obtain a green card. An attorney can assess your situation and recommend the most suitable approach for your case. If your case requires an interview or hearing, your lawyer can prepare you for what to expect and provide representation during these crucial moments. Should any issues arise during the application process, an attorney can help address them promptly and effectively, potentially saving you time and stress.
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.
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