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Texas Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Texas on
Q: Sponsored a Cuban via Cuban Humanitarian Parole. Arrived 1 month ago. Untrustworthy person. Can sponsorship be revoked?

I sponsored someone my wife befriended from Cuba. She was sponsored via the Cuban Humanitarian Parole program along with other relatives of my wife. Since arriving, this person has shown indications she is an untrustworthy person in character. Based on her actions, I am longer feeling confident in... View More

James L. Arrasmith
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answered on May 15, 2024

I understand your concerns about sponsoring someone who has turned out to be untrustworthy. Sponsoring an individual through the Cuban Humanitarian Parole program is a significant responsibility, and it's important to consider the potential consequences.

Regarding revoking sponsorship,...
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2 Answers | Asked in Immigration Law and Adoption for Texas on
Q: Dear Sirs, and Ma'am's ; I was Born in 1943 and arrived in Ellis Island. I need a Birth Certificate!

I have never seen one. I was allowed to join the Navy back in the sixties when My adoptive? father signed for me. Wouldn't he have had to show said document? I have gone to the place I was raised and they have no record. HELP!!!

James L. Arrasmith
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answered on May 13, 2024

It sounds like you need assistance obtaining a birth certificate, which is essential for various legal and personal matters. Since you were born in 1943 and arrived at Ellis Island, it is possible that your birth records are held in the country where you were born or in the archives related to... View More

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1 Answer | Asked in Immigration Law for Texas on
Q: Can I get approved for a student visa - F1 while I-130 is pending?

I'm under 18. I have a pending I-130 petitioned by my step-parent ( A citizen) Can I get approved for a student visa - F1 while my I-130 is still pending?

How long does it take to get I-130 processed?

James L. Arrasmith
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answered on May 8, 2024

Obtaining an F-1 student visa while your I-130 petition is pending can be challenging but not impossible. Here are a few important points to consider:

1. Non-immigrant intent: F-1 visas require you to demonstrate non-immigrant intent, meaning you intend to return to your home country after...
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1 Answer | Asked in Criminal Law and Immigration Law for Texas on
Q: Citizenship with rejected misdemeanor

I have been a permanent resident since Feb 2020.

In 2025, I could apply for naturalization and get citizenship.

In December 2023, I was arrested for domestic violence (slapped in the face wife once), I hired a criminal attorney and the DA office refused my case with no charges in... View More

James L. Arrasmith
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answered on May 7, 2024

I understand that this is a sensitive and important situation. Based on the information you provided, here are my thoughts:

1. Eligibility for Citizenship in 2025

Even though the domestic violence charges were ultimately rejected by the DA's office, the arrest itself could...
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1 Answer | Asked in Criminal Law and Immigration Law for Texas on
Q: Is Class C Misd. Traffic Violations with Def. Adjudication in Texas a CIMT & affect asylum and/or EB status adjustment?

The accused was driving with head-tail lights off & confused. She has a pending asylee status [no asylum interview yet], and became a victim of rapid escalation, was arrested & accused with Misd. Class B: Fleeing a Police Officer in TX. It had NO damage, resistance, drugs/alcohol. The... View More

James L. Arrasmith
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answered on May 7, 2024

Based on the information provided, here are a few key points to consider:

1. Deferred adjudication is generally considered a conviction under U.S. immigration law, regardless of whether it's for a Class C misdemeanor (traffic violation) or a Class B misdemeanor (fleeing a police...
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1 Answer | Asked in Employment Law, Immigration Law and Business Formation for Texas on
Q: N-400 application Question: I had a handicap space parking ticket last year, and a fine of $500 was paid.

How do I answer this question, knowing fully well that I received a citation/ticket for a handicap space parking violation last year, and a fine of $500 was paid. ? - Have you EVER been arrested, cited, detained, or confined by any law enforcement officer, military official (in the U.S. or... View More

James L. Arrasmith
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answered on May 6, 2024

Based on the information provided, it does not appear that a parking ticket would require you to answer "Yes" to this question on the N-400 naturalization application.

The question is specifically asking about arrests, citations, detentions, or confinement related to crimes or...
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1 Answer | Asked in Immigration Law for Texas on
Q: My wife was F2A visas with children and now is IR1 visa category . I do not see my kids on her profile on CEAC account.

What happens to the Kids category ? Shou they still follow her ?

James L. Arrasmith
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answered on May 5, 2024

In this situation, it's important to understand that when your wife's visa category changed from F2A (family-based second preference for spouses and children of permanent residents) to IR1 (immediate relative, spouse of a U.S. citizen), the visa category for your children should have also... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Does not spending a full 6 months in the country with residency status affect my ability to take the us citizenship?

I would like to take the test in Spanish it requires 50 years of age and 20 years in the country with permanent residence status. I have been here for 23 years with permanent residency but my first 5 years I used to spend less the 6 months in the country because of educational schooling back in my... View More

James L. Arrasmith
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answered on May 4, 2024

Based on the information you provided, spending less than 6 months per year in the United States during your first 5 years as a permanent resident should not affect your eligibility to take the U.S. citizenship test in Spanish, as long as you meet the other requirements.

To be eligible for...
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2 Answers | Asked in Immigration Law for Texas on
Q: I am looking to marry a gentleman who is Lebanese. Would it be quicker to get his visa as a Fiance' or a Spouse?

We are debating which would be the smoothest/quickest option and am finding conflicting information. We have no issue hiring an immigration lawyer but I just want to make sure we take the route that is quickest without causing future roadblacks.

James L. Arrasmith
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answered on May 3, 2024

The process of bringing a foreign fiancé or spouse to the United States can be complex, and the quickest option may depend on your specific circumstances. However, in general, the K-1 fiancé visa process is often faster than the immigrant visa process for a spouse.

1. K-1 Fiancé Visa:...
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1 Answer | Asked in Immigration Law for Texas on
Q: My father applied for residency. He received a letter of a intent to deny his application. Is he going to be deported?

They gave him a month to respond or fight the case. Is there a way to give my dad more time to fight it? is he going to be ordered to leave the country? The letter showed were he was interviewed and they asked him certain questions, my dad lied about his previous deportation. He said he was afraid... View More

James L. Arrasmith
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answered on Apr 17, 2024

I'm sorry to hear about your father's situation. Receiving an intent to deny his residency application must be very stressful for your family. While I can't provide legal advice, I can share some general information that may be helpful:

An intent to deny letter means USCIS is...
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1 Answer | Asked in Immigration Law for Texas on
Q: I am an Indian citizen and have AOS pending. Can I travel to Cancun for a vacation on Advance Parole and EAD combo card?

My combo card is valid till Aug 24, I have applied for a renewal. I do not have a valid US visa stamping on my passport. Do I need Mexico visa? Also, airline wants us to fill our passport and visa details. I see two option green card and us visa - where do you fill the AP info?

James L. Arrasmith
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answered on Apr 15, 2024

As an Indian citizen with a pending Adjustment of Status (AOS) application, you can travel to Cancun, Mexico using your valid Advance Parole (AP) and Employment Authorization Document (EAD) combo card. However, there are a few things to consider:

1. Mexico visa: As an Indian citizen, you...
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1 Answer | Asked in Immigration Law for Texas on
Q: "Was the beneficiary EVER in immigration proceedings?"

I am filling out the I-130 form, my wife entered with a WT visa and during her legal stay she requested political asylum, but she has not yet received any letter to go to court, should I answer yes or no?

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information you provided, it appears that your wife has applied for political asylum but has not yet received a notice to appear in court for her asylum case. This means she is not currently in removal proceedings before an immigration judge.

However, since she has applied for...
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1 Answer | Asked in Immigration Law for Texas on
Q: Update ds-160 with different location after scheduling appointment in India

I initially filled DS-160 for NEW Delhi location in March 2024 and used same to create profile on appointments portal but scheduled an drop box appointment at Chennai location since all drop box appointments are available at Chennai location only now. I just filled new DS-160 with Chennai location... View More

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answered on Apr 7, 2024

Based on the information provided, it seems you have filled out a new DS-160 form with the Chennai location after initially submitting one for New Delhi and scheduling a drop box appointment in Chennai. However, you are having difficulty finding a way to update the DS-160 number in your profile on... View More

1 Answer | Asked in International Law and Immigration Law for Texas on
Q: my opt will finished april 8 2024 can start my i485 with my wife during my grace period.

my wife she is americaine and we almost finished the paper. if i send it after april 8 2024 do i will be in trouble

James L. Arrasmith
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answered on Apr 2, 2024

Based on the information you provided, it sounds like your OPT (Optional Practical Training) will be ending on April 8, 2024, and you are wondering if you can start the process of adjusting your status to permanent resident (filing Form I-485) with your American wife during your grace period.... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Should I be concerned about this 2-month gap in my visa status?

I am applying for an I-539 to change from B2 to F1.

My permission to stay in the USA ends in April 2024, and I start my studies (I-539 in the field "What is the effective date of change?") in June 2024.

Should I be concerned about this 2-month gap in my visa status?... View More

James L. Arrasmith
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answered on Mar 28, 2024

Yes, you should be concerned about the 2-month gap in your visa status. U.S. immigration regulations require maintaining lawful status until the commencement of studies on an F1 visa. A gap between the expiration of your B2 status and the start date of your F1 status could lead to issues, including... View More

3 Answers | Asked in Immigration Law for Texas on
Q: Can I obtain legal status if I illegally entered the country 20 years ago from Mexico and have no order of deportation?

I have two over 21 year old kids that are US citizens and I never got a visa when I entered. I have no bad track record. I have a 9 year old and I haven’t seen my Mexico family in 20 years.

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answered on Mar 28, 2024

If you've been in the country for 20 years without legal status, it's essential to understand your options carefully. The fact that you have two children over the age of 21 who are U.S. citizens could play a significant role in your case. These family connections might offer a pathway for... View More

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3 Answers | Asked in Immigration Law for Texas on
Q: Can I obtain legal status if I illegally entered the country 20 years ago from Mexico and have no order of deportation?

I have two over 21 year old kids that are US citizens and I never got a visa when I entered. I have no bad track record. I have a 9 year old and I haven’t seen my Mexico family in 20 years.

Yohan Zingile
Yohan Zingile
answered on Mar 28, 2024

Despite having two US citizen children, your entry without inspection may not allow you to adjust status through a green card application based on family petition filed by your children on your behalf. The provisional unlawful presence waiver is a waiver of the unlawful presence whereby the lawful... View More

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1 Answer | Asked in Immigration Law for Texas on
Q: I never entered illegally but I did overstay my visitor visa, but then I was paroled back into United States.

I did apply for adjustment of status after paroled into United States but was denied, now have filed for I-601A, i wanted to know my mother soon becomes a U.S. citizen is there any other option for me to obtain residency

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answered on Mar 24, 2024

When your mother becomes a U.S. citizen, new options for obtaining residency may become available to you. As a direct relative of a U.S. citizen, you might be eligible to apply for a green card. This process typically involves filing Form I-130, Petition for Alien Relative, to establish the family... View More

1 Answer | Asked in Immigration Law for Texas on
Q: I'm applying for the k-1 and my fiance has a child who is under the age of 18. When should I apply for them to travel

I'm applying for the k-1 and my fiance has a child who is under the age of 18. When should I apply for them to travel here, do I need to apply for them or are they included since the child is under 18

James L. Arrasmith
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answered on Mar 16, 2024

When you apply for a K-1 visa for your fiancé(e), it's important to consider their child in the process. The child of your fiancé(e) may be eligible to travel to the United States with them under a K-2 visa. This visa is specifically designed for the unmarried children, under the age of 21,... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Dear experts, My EB2 PERM was submitted in November, 2023 and I'm on H1B, 2nd year.

Given the huge backlog on PERM and as my employer does not do premium processing for I140, I've started to explore my chances for NIW and I may have a good chance based on my profile. My NIW, ROW priority date would be April, 2024 earliest whereas my EB2 PERM, ROW priority date would be... View More

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answered on Mar 15, 2024

1. A potential denial of your National Interest Waiver (NIW) should not affect your Employment-Based Second Preference (EB2) application, as they are considered separate processes under U.S. immigration law. However, ensure that any information provided in the NIW application is consistent with... View More

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