Immigration law is a big area. By big area, we mean that there is a lot to know about immigration law. It is important that you talk with an attorney who understands all the law and confusing paperwork. Don’t leave your loved one’s American status to chance; hire our firm.
Please, we repeat, please if you are facing criminal issues and are an immigrant, contact our immigration attorney before agreeing to any plea deal. It could have serious impacts on your immigration status and possibly lead to deportation.
Our firm believes that clients deserve the truth and to be well-informed. Because of this, we have compiled most of the commonly asked questions that we hear about in Arlington, Mansfield, Grand Prairie, Fort Wort and Dallas. Please read.
Who is an immigrant?
An immigrant is a person who has citizenship in one country who moves to a foreign country with the intention of setting up a permanent residence there.
A non-immigrant is a person who is entering the United States or Texas for a specific purpose. They must have a permanent residence abroad that they have no intention in abandoning for most classes of admission. Most may be accompanied by their spouses and unmarried minor children.
A undocumented immigrant is a person who does not have the right to be in the United States or Texas. Undocumented immigrants are those who enter without inspection/illegally and have failed to receive permission to stay or have stayed after the expiration of their visa.
How can an immigrant living in Arlington become a permanent resident?
Individuals may not obtain non-immigrant status in order to pursue legal permanent status simultaneously unless they fit into the E, H-1, V, O, P or L non immigrant categories which allow for dual intent. Dual intent involves entering the United States with the intention of only staying for the time permitted while at the same time being allowed to pursue legal permanent resident status. We know, it is confusing; call us and we can help.
Immigrating to the United States is possible through family sponsored immigration or by employment based immigration.
Immediate relatives of U.S. citizens are the spouses, parents and children that are unmarried and under 21 years of age. Immediate relatives are exempt from quota limits and may immediately apply for legal permanent status unlike other family members who must wait for a visa to be available. Close family members that are not immediate relatives of U.S. citizens or legal permanent residents are divided into groups known as preferences. These preferences are given numerical quotas for each year. These quotas limit the number of immigrants that may be admitted into the United States and Texas.
The Immigration and Nationality Act provides 140,000 employment based immigrant visas yearly plus any remaining unused family based visas.Like family based visas employment based visas are also divided into preferences. Most employment based permanent residence petitions require that the employer sponsoring the individual submit a labor certification. The labor certification must show that there are not sufficient workers available and employment will not adversely affect working conditions for U.S. workers in order for the worker to be admissible.
What is A Refugee? I live in Arlington; can I get refugee status?
A refugee is someone who refuses to return to his home country as a result of persecution or a well founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Applying to be admitted to the U.S. as a refugee requires that the individual be outside the U.S. and that he not be in the country that he refuses to return to so most likely if you live here in Dallas, Mansfield, Arlington or Irving you may not be able to get that refugee status but you need an attorney to help you go over your specific situation.
In order for the persecution to qualify as a statutorily protected quality, the persecution must be on account of race, religion, nationality, membership in particular social group, or as a result of political opinion.
Who may apply for asylum?
A person who is already in the United States or living here locally in Fort Worth, Dallas, Mansfield and Arlington, who as a result of persecution or a well founded fear of persecution fears returning to their home country may apply for asylum from within the United States or at the time they seek admission at a port of entry.
Asylum is a discretionary form of relief that requires applicants to prove a well founded fear as the standard of proof. A well founded fear may be satisfied by much less than more likely than not that they will be prosecuted upon return to their home country. Those granted asylum receive permission to remain in the United States, gain legal permanent resident status after one year and have the right to sponsor family members to immigrate to the United States.
What is withholding of removal?
Withholding of removal is similar to requesting asylum. It is an option to avoid being deported from the United States if you fear that you will be persecuted upon your return to your home country. Withholding of removal is not a discretionary but a mandatory form of relief and it must be granted if you qualify for it. In order to qualify you must prove that it is more likely than not that you will be persecuted upon your return to your home country. Unlike asylum status withholding of removal status does not give you legal permanent resident status after one year and does not give you the right to sponsor family members to immigrate to the United States.