Texas Immigration Law Questions & Answers

Q: Okay, I recently got married to my fiancé and she is not legal. Can I request a TIN for her?

2 Answers | Asked in Immigration Law for Texas on
Answered on Jan 16, 2019
Kelli Y Allen's answer
Yes, she can request a tax identification number from the IRS that you can use in lieu of a social security number when filing taxes. I do not know how long it takes to get that number assigned.

Q: This is regarding immigration., family of 5 only has visa ., do we have possibilities of getting green card?

1 Answer | Asked in Immigration Law for Texas on
Answered on Jan 14, 2019
Kelli Y Allen's answer
Please specify the type of visa held and whether visa-holders are still in status (complying with terms of visa) and I will try to answer your question.

Q: I am currently on H1 with Company A. Now i am moving to Company B,Does h4 transfer required with h1 if A will revoke h1

1 Answer | Asked in Immigration Law for Texas on
Answered on Jan 14, 2019
Kelli Y Allen's answer
No. The H4 is tied to your H-1B, not to the H-1B employer. As long as the H-1B is in status (even with new employer), there is no need to do anything until time to renew the H4.

Q: I am being stalked/harrassed by an immigrant from Iraq, who lied to ICE to get in. how can I get copies of his IOM docs?

1 Answer | Asked in Immigration Law for Texas on
Answered on Jan 12, 2019
Kelli Y Allen's answer
My recommendation is to contact the police and press charges. If he is arrested, local law enforcement will notify Immigration and Customs Enforcement (ICE) if he does not have legal status. Even he he has legal status (unless he is a USC), certain criminal convictions could cause him to be placed in removal proceedings. You can contact ICE to let them know you believe someone obtained an immigration benefit by fraud, but with such a backlog of cases already in the system, they are not...

Q: My fiance was detained on a P.I. charge and he has papers being processed but have not been approved yet?

1 Answer | Asked in Immigration Law for Texas on
Answered on Jan 11, 2019
Hector E. Quiroga's answer
As quickly as you can, retain an immigration attorney.

Q: I have a friend who is here illegally and got caught with marijuana now he is on Ice Hold is there any thing we can do?

1 Answer | Asked in Immigration Law for Texas on
Answered on Jan 10, 2019
Allen C. Ladd's answer
Find him a good immigration lawyer, someone who handles criminal-immigration cases or deportation/removal cases. Good luck.

Q: I need help from those who've been similar to my situation or those who know what is the best option here

1 Answer | Asked in Immigration Law for Texas on
Answered on Jan 9, 2019
Kelli Y Allen's answer
Without knowing why the K1 was in administrative processing, there's no way to predict whether the same issue might arise with a spousal visa petition. I suggest working with an experienced immigration attorney to handle the visa process to ensure that everything is filed properly and and sufficient supporting documentation is submitted. Longer processing times often result if there is too little evidence of the bona fide relationship.

Even if everything is done perfectly, it is...

Q: I want to apply for my brother's Green card. We have common parents.

2 Answers | Asked in Immigration Law for Texas on
Answered on Jan 8, 2019
Kelli Y Allen's answer
This can make it difficult for USCIS to "put the pieces together" and confirm that she is the same person. She will need documents that connect the names to each other (could be her birth certificate, marriage certificate, passport); anything that will provide proof that it is the same person with two names. Be prepared for USCIS to ask for DNA testing to prove that you are actually brothers. We've been seeing that come up a lot more lately.

Q: Can i use my maiden name to get married in court

1 Answer | Asked in Immigration Law for Texas on
Answered on Jan 5, 2019
Allen C. Ladd's answer
Sorry, your question is not clear. Please re-phrase your question. Thanks.

Q: Is it possible I use my maiden name in court during my second marriage , my id card has my maiden name

1 Answer | Asked in Immigration Law for Texas on
Answered on Jan 4, 2019
Allen C. Ladd's answer
Sorry, I don't understand the question. What court? What was this about? Do you have an attorney?

Please explain and I'll try to help.

Q: I wanted to get access to the records of my father’s case in 2007. How do I go about trying to get that information?

1 Answer | Asked in Immigration Law for Texas on
Answered on Jan 4, 2019
Allen C. Ladd's answer
There is a basis, a law called the Freedom of Information Act (FOIA), for asking for one's own immigration records.

Your father, or a lawyer representing your father, will make a request to the appropriate Dept. of Homeland Security agency -- or to the EOIR Immigration Court system, if he was deported/removed.

Go to www.dhs.gov for information on FOIA requests to the DHS agencies. EOIR (www.eoir.gov I believe) also has information on its website.

Q: Need 2 apply 4 Medicaid the form says that getting Medicaid long term svs could affect my Immigration status-Need Help!

2 Answers | Asked in Health Care Law, Immigration Law and Medical Malpractice for Texas on
Answered on Jan 4, 2019
Allen C. Ladd's answer
OK, if your parents became US citizens -- or either one of them did -- before you turned 18, you acquired US citizenship automatically. You need to file Form N-600 to get a Certificate of Citizenship. Check the instructions for the fee-waiver document, Form I-912, to see if you can get the filing fee waived. These forms, and their instructions, are available at a helpful USCIS website, www.uscis.gov/forms. Good luck, friend.

Q: Filing I-130 for parents (Canadian citizens). Debating if going to visa consulate in BC or I-485 here would be better?

1 Answer | Asked in Immigration Law for Texas on
Answered on Jan 4, 2019
Allen C. Ladd's answer
Do this through visa processing. Your parents cannot really come here as visitors and then file I-485, as it could be viewed as a fraudulent entry with "immigrant intent" -- which is contrary to the appropriate visitor intent. Please take it slowly and do visa processing. So, Form I-130 for EACH parent, then USCIS approval, then National Visa Center and immigrant visa application (Form DS-260 and supporting docs), then visa interview (Montreal consulate), then approval and 6 months to use...

Q: Hi my husband has court in 13 days is there anything we can do so he does not get deported

1 Answer | Asked in Immigration Law for Texas on
Answered on Jan 3, 2019
Allen C. Ladd's answer
Sorry, not possible to answer with the limited information given. In any event, you would do best to schedule an appointment with an experienced immigration attorney, someone who handles deportation (aka "removal") cases.

I located you in Mabank, TX. You have options to find lawyers in Tyler, Waxahachie, Corsicana, etc. And of course the DFW Metroplex. Call the Texas Bar in Austin, on its toll-free number, and see if they can refer you to someone quickly.

Q: My H1b and I-94 expires on 13th July 2018.H1b extension was filed on 12th July 2018 and is currently in RFE.

1 Answer | Asked in Immigration Law for Texas on
Answered on Jan 3, 2019
Allen C. Ladd's answer
Sorry, please rephrase the question. I don't want to answer a question unless I can understand the facts perfectly.

Q: If I work right now with an EAD, is it possible for my green card status to go to a pending status?

1 Answer | Asked in Employment Law and Immigration Law for Texas on
Answered on Dec 17, 2018
Hector E. Quiroga's answer
One cannot simply apply for a work authorization; there has to be an underlying basis for it. If you have that basis, then working prior should have no impact on your ability to apply for a green card. If you have no other basis to apply for a work authorization, you might as well apply for the green card, all other factors being equal. It is possible to apply for work authorization while your green card is being adjudicated.

Q: Can my wife who is on F1 leave the country for a few years without finishing the program?

1 Answer | Asked in Immigration Law for Texas on
Answered on Dec 17, 2018
Hector E. Quiroga's answer
In and of itself, your wife’s departure from the US prior to finishing her education should not negatively impact your immigration history. It is important to let both the school and DSO know that you are leaving.

Q: What options does an individual who was wrongly banned from the US for 10 years have?

1 Answer | Asked in Immigration Law, Personal Injury and Civil Litigation for Texas on
Answered on Nov 19, 2018
Hector E. Quiroga's answer
Without knowing why you were banned, it’s hard to say. Usually, though, you have to wait out the 10 years, unless you have a qualifying relative through whom you can request a waiver.

Q: What is the process with an inmate who is in County Jail who has a Immigration Hold?

1 Answer | Asked in Immigration Law for Texas on
Answered on Nov 16, 2018
Hector E. Quiroga's answer
The law enforcement agency is only supposed to hold the inmate up to 48 hours, not including evenings and weekends. If ICE does not come, the inmate should be freed, as long as s/he has fulfilled all legal obligations with the law enforcement agency.

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