I have been practicing immigration law since 2014, beginning my career working for the U.S. government. I clerked for immigration judges in Dallas and later worked for the Department of Homeland Security as an attorney. My focus shifted to defense work, which is my passion, leading me to co-found my own practice. Our firm primarily focuses on removal defense and family-based immigration, representing clients facing deportation, those detained by ICE, and individuals seeking status through family members.
Common immigration paths include seeking asylum for those fearing persecution in their home countries, although economic reasons alone typically do not qualify for asylum. Marriage to a U.S. citizen or having adult children who are citizens can also provide pathways to legal status. For individuals in the U.S. over ten years without criminal records, cancellation of removal may be possible if they have family members with legal status who would suffer hardship from their deportation. Consulting an attorney is crucial to identify the best path based on individual circumstances.
Individuals who enter the U.S. with a visa and marry a U.S. citizen or lawful permanent resident can pursue family-based immigration. A U.S. citizen child over 21 can also petition for their parents. However, if entry was illegal, a waiver is needed, complicating the process. Generally, a spouse or parent with legal status is required for waiver eligibility, and the process may involve returning to the home country before legally re-entering the U.S.
Several situations allow for status adjustment. If someone entered with a visa and marries a U.S. citizen, they can pursue legal status. Victims of crimes in the U.S. may qualify for a U visa, which can lead to residency. The VAWA adjustment is available for those experiencing domestic violence from a U.S. citizen or resident spouse. Winning an asylum case can also lead to residency after a year. Assessing eligibility for these options requires legal guidance.
Key factors include the manner of entry into the U.S., marital status, and family connections to U.S. citizens or residents. Previous victimization by crime can also play a role. Understanding the individual's country of origin and any fear of returning due to conditions there are important considerations. Determining eligibility often involves detailed questioning to identify the most viable pathways.
Victims of crimes in the U.S. may qualify for a U visa, provided they cooperate with law enforcement. This visa requires the police to verify the victim's helpfulness in resolving the case. Reporting crimes and engaging with law enforcement can be crucial, as the U visa offers a path to legal status in the U.S.
While rare, if eligible, individuals can pursue multiple immigration paths at once. This approach maximizes chances of success, particularly as processing times can vary. For example, someone with an asylum case may also pursue a marriage-based pathway if applicable. As long as one does not negatively impact the other, applying for multiple paths can be advantageous.
My government experience provides a significant advantage, particularly in removal cases. Understanding how government attorneys approach cases allows me to better prepare clients by anticipating the government's strategies and questions. This background helps in crafting thorough responses and strengthening clients' cases.