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.

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What are the different types of Visas?

Non-immigrant Visa Categories:

What is required to qualify as a Specialty Occupation?

Qualifying as a Specialty occupation requires that you meet one of the following requirements:

1) a bachelor’s degree or higher must be normally required for the position; 2) the degree requirement is common to the industry in similar positions or the position is so complex that it can only be done by someone with a degree; 3) the employer usually requires a degree or its equivalent for the position; 4) the specific duties must be so specialized that the knowledge required to perform the job is usually associated with possessing at least a bachelor’s degree.

H-1B-must be coming here temporarily to work in a specialty occupation. Requires at least a baccalaureate degree minimum for entree that is related to the specialty occupation. It is possible for H-1B holders to change jobs and keep their H-1B status.

L-1-must be coming here temporarily and are inter-company transferees who must have 1 year of continuous employment for a firm, corporation, affiliate or subsidiary in the past 3 years. Their line of employment must fall into 1 of the 3 categories covered by L-1 visas. They must have managerial capacity, executive capacity or specialized knowledge. Managerial capacity requires that they primarily manage professionals or managerial employees. Executive capacity does not require that the employee primarily supervise but only requires that they be in charge of making big decisions in the company and supervise at a minimum level. Specialized knowledge requires that the employee have either a special knowledge of the company product or an advanced level of knowledge of processes and procedures of the company.

O- are available to those with with extraordinary abilities or with achievements in the arts, entertainment, business, science, education and athletics. To qualify under arts and entertainment a high level of achievement is required and it must be evidenced by a degree of skill and recognition substantially above that ordinarily encountered. Qualifying under business, science, education, and athletics requires that the individual be one of a small percentage who has arisen to the very top of his field. This visa is more broadly defined and does not apply only to specialty occupations.

K-for applicants who intend to enter the United States and marry within 90 days of arrival. They must have met in person within the past two years. The marriage must be legally possible in the state in which the marriage will take place at the time the petition is filed.

E-employer sponsored employment are divided into five preferences.

E1-Priority Workers(First Preference)- need to have an immigrant petition for alien worker, Form I-140 must be filed with the USCIS. Labor certification is not required for Priority Workers.

The First preference consists of three sub-groups
1. Persons with extraordinary abilities in the sciences, arts, education, business or athletics. This sub group is very hard to fit into because it requires extensive documentation.
2. Outstanding professors and researchers must have at least three years of experience in teaching or research and must be recognized internationally. They must have a job offer from a prospective employer who is offering them a tenure or tenure track teaching at a university or other institution of higher education.
3. Multinational managers or executives must have been employed by a firm corporation, affiliate or subsidiary for at least one year in the three years preceding the alien’s application for admission into the United States. They must seek to enter the United States to continue to work for the same employer in a managerial or executive capacity.

E2-Professionals holding advanced degrees and persons of exceptional ability(Second Preference)- Must have a labor certification, a job offer and the employer must file an Immigrant petition for alien worker, Form I-140. An applicant may apply for a national interest waiver which exempts employees from having to have a job offer and labor certification if the exemption would be in the national interest. This allows an applicant to self petition by filing the Immigrant Petition for Alien Worker, Form I-140, along with documents and any other evidence the applicant may have to prove that the waiver is in the national interest.

The Second preference consists of two sub-groups
1. Professionals holding an advanced degree which is any degree higher than a baccalaureate degree, or a baccalaureate degree and at least five years of experience in their profession.
2. Persons with exceptional ability in the sciences, arts, or business. Meeting the exceptional ability threshold requires that the applicant have a degree of expertise significantly above what is normally seen in their field.

E3-Skilled workers, Professionals, and Unskilled workers(Third Preference)- Must have a labor certification, and an Immigrant petition for alien worker, Form I-140, filed by their employer.

The Third preference consists of three sub-groups
1. Skilled workers are those applicants whose jobs do not require a baccalaureate degree but require at least 2 years of training or work experience.
2. Professionals are those applicants whose professions require at least a baccalaureate degree from a U.S. university or its foreign equivalent.
3. Unskilled workers are those applicants whose jobs are not temporary or seasonal and that require less than 2 years of training or experience.

E4-Certain special immigrants(Fourth Preference)- Must be petitioned by Amerasian, Widow, or special immigrant, Form I-360. Certain employees and former employees of the U.S. government abroad are exempt from the petition requirement. No labor certification is required for special immigrants. This preference covers many special immigrants including certain religious workers.

E5-Immigrant Investors(Fifth Preference)- is a conditional visa available to foreign investors who are willing to invest $1,000,000 in a new commercial enterprise and create ten jobs. After two years ICE checks to make sure that the investor is still in business and that his investment is still at risk before removing the condition from the visa.

F-1-is available to foreign nationals who intend to enter the United States to enroll in a full course of academic study at a college, university seminary, conservatory, academic high school, elementary school, or other academic institution that is approved by the Department of Homeland Security. The F-1 Visa is only limited by maintaining status. Maintaining status requires remaining in good standing and continuing to be enrolled in a degree program.

M-1-is available to foreign nationals who intend to enter the United States to enroll in a full time course of study that is vocational or non-academic training such as cooking or flight school at an institution of the United States that has been approved by both the Attorney General and Secretary of Education. M-1 students are limited to three years but six months of practical training may also be granted.

J-1-are for applicants approved to participate in exchange visitor programs. This visa requires that the individual have no intention of abandoning their foreign country permanently and is often used for education. This status does not allow the noncitizen to adjust status without first returning to their home country for two years.

TN-a foreign national may apply directly at the border for admission if Canadian and visa exempt, or at their U.S. consular post if they are Mexican. No immigrant petition for alien worker is required if the foreign national is entering the United States to work in one of the list of over 20 occupational classifications. These classifications range from accountant to lawyer and include medical professionals, scientists, social workers and teachers.

H-1B1-U.S. Singapore-Chile & E-3-U.S. Australia- applicants may apply directly at the U.S. consulate. There is no need to file a petition for alien worker. A qualified foreign national must proceed to the U.S. consular post with proof of citizenship, a qualifying job offer from a U.S. employer, a labor certification, and proof of qualifications for the job. The job offer must be a specialty occupation, and the applicant must have at least a baccalaureate degree or the equivalent in experience in a field related to the position

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What Is A Green Card? What Does It Mean?
A green card refers to legal permanent residence. The green card is entitles its holder to lawful permanent resident status. It is also proof that the holder has been granted immigration benefits. The method of obtaining a green card varies depending on what category you fit into and on whether you live inside or outside the United States. A few of the ways you may become a Green card holder is through family sponsored immigration, employment based immigration, and through Asylee Status.

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What is the naturalization process?
Qualifying for U.S. citizenship through naturalization requires that an individual have had legal permanent resident status for at least 5 years or 3 years if he obtained the green card through a U.S.-citizen spouse or through the Violence Against Women Act. Other exceptions exist for members of the U.S. military who have served during a time of war. Applicants for citizenship must be at least 18 years old, provide proof of continuous residency, have “good moral character,” and must also pass English, U.S. history and civics exams. They are also required to pay an application fee.

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