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Texas Immigration Law Questions & Answers
2 Answers | Asked in Criminal Law and Immigration Law for Texas on
Q: Left country on probation for drug charges, can I return?

I was placed on a three-year probation in 2019 for intent to distribute and possession of marijuana. I left the country in May 2022 to get clean, while still on probation. I'm not aware of any legal proceedings or actions taken since I left. Can I return to the U.S.?

James T Chiles
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answered on Mar 14, 2025

You likely have a motion to revoke pending and a warrant. Assuming this is Texas, if the State proceeds on the motion to revoke and the judge grants the motion, you will not be able to be extended, and the judge can only deny the State's motion or to sentence you to at least the minimum range... View More

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2 Answers | Asked in Divorce and Immigration Law for Texas on
Q: How to address ex-husband's green card misuse after separation?

I married my ex-husband almost seven years ago, and we are currently separated as I have filed for divorce. After assisting him with applying for a green card, he recently received a 10-year green card and came to the U.S., only to leave me within a week. Since I sponsored him, I would like to know... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 8, 2025

OK, if your husband has obtained the 10 year permanent green card, it is going to be almost impossible to have that revoked or re-adjudicated. You can write a letter to ice or Uscis and explain the circumstances and they may revisit the case. But the bottom line it is going to be a very remote... View More

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2 Answers | Asked in Immigration Law and Criminal Law for Texas on
Q: Can I fix my immigration status after 4 years of marriage with a misdemeanor?

I have been married to a U.S. citizen for four years and am currently living in the U.S. without legal status. I have a misdemeanor on my record, and my wife has a felony conviction from 1999. We have not started the immigration process yet. Can I still fix my immigration status and obtain legal... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 5, 2025

It depends what the misdemeanor is for, and it also depends on if you entered the United States with permission. If you entered the United States with permission, then you will be able to adjust status and if the misdemeanor is for something very minor, you probably won’t have to file a 601... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: Options for adjusting status after a 6-year visa overstay in Texas.

I have overstayed my visa by 6 years and am seeking options to adjust my status to remain in the United States. I currently have no family members who are U.S. citizens or permanent residents that can sponsor me, and I have not yet filed any forms with USCIS. What steps should I take to proceed... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 4, 2025

You really have only one pathway to adjust status to get a green card based on your situation. Since you did enter the United States with permission and you have overstayed your visit, if you get married to United States citizen, then you could adjust status to get a green card. In rare... View More

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3 Answers | Asked in Divorce, Child Custody and Immigration Law for Texas on
Q: Finalize divorce with custody issues; husband deported.

I've been working on finalizing my divorce, and I have two children with my husband, who was deported to Mexico in 2019. We're dealing with a custody case, and I'm unsure how to proceed given his deportation.

Sharita Blacknall
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answered on Feb 26, 2025

You can absolutely move forward with finalizing your divorce and addressing custody in Texas, even though your husband was deported in 2019.

If he was properly served before deportation and has not responded, you may be able to proceed with a default judgment if all legal requirements have...
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3 Answers | Asked in Divorce, Child Custody and Immigration Law for Texas on
Q: Finalize divorce with custody issues; husband deported.

I've been working on finalizing my divorce, and I have two children with my husband, who was deported to Mexico in 2019. We're dealing with a custody case, and I'm unsure how to proceed given his deportation.

Steven Buitron
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answered on Feb 26, 2025

Since your husband was deported to Mexico in 2019, you can still proceed with finalizing your divorce and addressing custody issues in Texas.

If all necessary steps (service of process, waiting period, etc.) have been completed, you can request a final hearing to finalize the divorce. If...
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2 Answers | Asked in Immigration Law for Texas on
Q: What are options for parents (green card holders) to re-enter U.S. after prolonged absence for a short visit?

I am a U.S. citizen with parents who are green card holders from India. My parents, aged 87 and 79.5, left the U.S. in 2018 due to health issues and knee replacement surgeries which required them to stay in India. Their green cards remain valid until 2027. They intend to return for a short visit to... View More

Barbara Vega
Barbara Vega
answered on Feb 18, 2025

Hello! So it is important to know if your parents want to keep their residency or not. If yes, and they have evidence to show that the “abandonment” of their residency was for something outside of their control (such as the health issues you mention), they can apply for a returning resident... View More

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2 Answers | Asked in DUI / DWI and Immigration Law for Texas on
Q: Will my pending DUI affect my I-751 interview on Feb 24?

I have a pending I-751 waiver application and was recently cited for a DUI. I turned myself in, got arraigned, posted bail, and hired a criminal lawyer. My court case has not been filed yet, so there hasn’t been much done on that front. I have an initial interview for my I-751 application... View More

John Cucci Jr.
John Cucci Jr.
answered on Feb 16, 2025

You need to see your criminal lawyer immediately. You need to see if you can win your case or get a plea deal that will allow you to have the case dismissed later, or deferred adjudication. If you can not do that.

Then you need to see an Immigration attorney immediately. My office does both...
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2 Answers | Asked in Criminal Law and Immigration Law for Texas on
Q: Question around wife shoplifting case - Need recommendations

In Texas, wife caught shoplifting and was arrested value $255, I bond her out and waiting for her court date, she is 1st time offender & she is on H4 Visa. would like to discuss few options how to best handle this situation

• Can we request department store to drop charge by... View More

Madolyn García Falone
Madolyn García Falone
answered on Feb 10, 2025

You’ve got a lot of questions here, but the ultimate answer is that you need to *call a lawyer*, have a consultation with them to get the answers and perspective you need, then hire that lawyer to defend your wife. The stakes are much higher considering her immigration status.

The store...
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2 Answers | Asked in Immigration Law for Texas on
Q: What is the process if your child is 21 years and a US citizen filing for mother? cost?
Stephen Arnold Black
Stephen Arnold Black
answered on Jan 30, 2025

The cost of filing a 485 is $1440 and the cost of filing the 130 is currently $675. Those are the government filing fees. Attorney fees vary from a low of $1000 up to $6,000. Some of us charge a flat fee at the very low end of that range and an immigration attorney in any state can represent you.

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2 Answers | Asked in Immigration Law for Texas on
Q: Armed robbery victim, is that something that will help me get any kind of immigration status?

I was a victim to an armed robbery a couple years ago at my job. Am I able to have that help me get citizenship? Or has it been too long.

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 26, 2025

Yes, if you were the victim of a violent crime, which armed robbery is, then you can apply for a visa that leads to a green card. One of the conditions to qualify is if you assisted the police in their investigation into this crime. The suspect does not have to be captured in order for you to... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: Where do I request report proof for me Granted with cancellation of removal?
Ghenadie Rusu
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answered on Jan 16, 2025

I assume you were granted cancellation of removal. If that's the case, you can ask your attorney for a copy of the decision granting cancellation of removal. If they don't have it, you can request your records directly from the immigration court that handled your case. You could also file... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: Does Signing an HOA Recall Petition Affect H1B Visa Holders?

As an H1B visa holder residing in a community in Dallas, Texas, I am considering signing a petition to recall the Homeowners' Association (HOA) board. Could participating in this process have any effect on my immigration status? Also, is there any chance that immigration authorities might... View More

Miguel Barrios
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answered on Dec 10, 2024

Your H-1B status is tied to the specific employer that sponsored your visa. Receiving fees or compensation from another entity for services performed may be considered unauthorized employment, which could jeopardize your visa status.

Volunteer and Non-Compensated Work:

• While...
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1 Answer | Asked in Immigration Law for Texas on
Q: Can I re-enter the US on a TN visa while my I-130 is pending?

I'm a Canadian citizen and I have a TN visa to work in the US. If I get married with a green card holder and petition an I-130, can I exit the country and re-enter with my TN while the I-130 is pending? Or would that be a problem since TN is not a dual intent visa

James L. Arrasmith
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answered on Jul 23, 2024

Yes, you can re-enter the US on a TN visa while your I-130 is pending, but it requires careful consideration. The TN visa does not support dual intent, which means you must maintain a clear intent to return to Canada after your temporary stay in the US. This could be challenging to prove if you... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Automatic visa Revalidation

Can AVR be used in this case:

One has an expired H1b visa, expired i-94, valid i797 (through consular processing).

Can the person visit canada for less than 30 days and come back without a visa stamp, and get a new i94 issued?

Please note that the person’s i485 has been... View More

James L. Arrasmith
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answered on Jul 22, 2024

You can use Automatic Visa Revalidation (AVR) in your situation. If you have an expired H1B visa and expired I-94 but hold a valid I-797 approval notice, you may visit Canada for less than 30 days and re-enter the U.S. without obtaining a new visa stamp. Upon re-entry, you should receive a new... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Hello, I have a question regarding my friends immigration case

My friends wife is a Green Card holder, currently lives and works in Chicago Illinois. Her husband is still in Bosnia and Herzegovina, they have filled I-130 form about 14 months ago, which is processing.

Question is, is there a way for her husband to come to USA while waiting on on their... View More

James L. Arrasmith
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answered on Jul 22, 2024

Your friend's husband might be able to come to the USA on a non-immigrant visa while their I-130 is being processed. One common option is the B-2 tourist visa, but he would need to demonstrate strong ties to Bosnia and Herzegovina to prove that he intends to return after his visit. This can be... View More

1 Answer | Asked in Immigration Law for Texas on
Q: When can I file my citizenship?

I got my green card in November of 2017 and stayed outside of USA for 2 year with reentry permit. I came back in November of 2019. What is the earliest date I can file for my citizenship?

James L. Arrasmith
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answered on Jul 22, 2024

To determine when you can file for citizenship, you need to consider the continuous residence requirement for naturalization. Since you got your green card in November 2017 but stayed outside the U.S. for two years, your continuous residence was interrupted.

When you returned to the U.S. in...
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2 Answers | Asked in Immigration Law and Civil Rights for Texas on
Q: Urgent Assistance Needed to Reunite with My Child in the USA

**Background:**

I am an American citizen originally from Egypt. I became a U.S. citizen approximately six years ago. Five years ago, I traveled to Egypt and married my wife, who is an Egyptian national. We successfully applied for her green card, and she has since joined me in the United... View More

James L. Arrasmith
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answered on Jul 22, 2024

To reunite with your child in the United States, you need to first confirm whether your child is a U.S. citizen. If your child is born to a U.S. citizen parent, they may already be eligible for citizenship. You can start by applying for a Consular Report of Birth Abroad (CRBA) through the U.S.... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: I am Au Pair and my fiancé and i want to get married. Is that possible even though my J1 will expire in July 2025.

I want to change my status here to get a green card so i can live with my future Husband in the USA. Do i have to change the name on my J1 Visa because of marriage? I know i have to change it on all my Documents like passport, driver license… But is my J1 still valid even though my name change in... View More

James L. Arrasmith
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answered on Jul 20, 2024

Yes, you can get married while on a J1 visa. Once married, you can apply to change your status to obtain a green card and live with your future husband in the USA. The name change due to marriage will not affect the validity of your J1 visa.

Your J1 visa remains valid even if your name...
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1 Answer | Asked in Immigration Law for Texas on
Q: Is it a big issue if my DS-160 is different from my resume I applied for the company in the Green Card process?

Hi. I am a international student on F1 visa and recently I was hired by a company on CPT. They agreed to sponsor my green card. So for Green card process they asking for my resume. Now my problem is that my DS-160 (my experience mentioned there) doesn't match with my resume. Is it critical,... View More

James L. Arrasmith
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answered on Jul 2, 2024

This is a complex situation that could potentially have significant implications for your immigration process. Here's a concise overview:

1. Discrepancies between official documents and your resume can be problematic in immigration matters.

2. The DS-160 is a government form,...
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