Immigration FAQ

We’re sorry to hear about this unfortunate circumstance. In certain cases, people may apply for a U visa, even if they are undocumented.

To be eligible for a U visa, the following must be true:

• You must be the victim of a crime that occurred in the U.S.
• The crime has to be a serious and qualifying crime
• You must have sustained substantial physical or mental harm
• You must cooperate with law enforcement

In terms of cooperating with law enforcement, the first step or prerequisite to filing a U visa is obtaining a U certification from law enforcement, such as if you reported to the police this incident and continued your cooperation with them so that they can pursue the perpetrator. It is best to retain a competent immigration lawyer for this entire process and determine your individual eligibility.

• Related: I Was the Victim of a Crime. Do I Have to Be in the U.S. on a Valid Status to Apply for the U-Visa?

Generally, individuals who are in status and have no other immigration or criminal bars can change status. That being said, a new policy was recently enacted that requires applicants for a change of status to F-1 to be in status within 30 days of the program start date. This can adversely affect any visa that may expire in the meantime, such as a visitor visa, which may expire by the time the F-1 student visa is decided by USCIS.

Due to these complexities, it is best to have a consultation with an attorney in Houston assist with that application.

It is not advisable to enter the United States on a visitor visa if you have the intent while entering to be on a green card based on marriage. This is very important because if such an attempt is based, Customs and Border Protection (CBP) can charge you with misrepresentation of an immigration benefit due to lying about the temporary intent of entering on a visitor visa, as opposed to the real intent of applying for your (conditionally) permanent green card. They may potentially remove you under expedited removal.

Should this occur, it will have severe consequences for any future immigration application, including any marriage-based application. Therefore, it is best to apply if eligible through consular processing for any fiancée visa, or if you both get married, apply for marriage-based I130 and consular processing.

Although subjective fear of return is one requirement for asylum, there are several other requirements in order to be granted asylum. Therefore, it is highly advisable to have a consultation with a competent attorney. One such other requirement is that an applicant for asylum must apply within 1 year of arriving in the United States. This would be an issue for anyone who entered 15 years ago.

However, another reason it is important to have a legal consultation with an attorney is that an exception to the one-year filing requirements may apply.

There are generally two types of exceptions:

• One is based on extraordinary circumstances
• Another on changed country conditions

For more information on both or on asylum law in general, please contact our law firm and set up a paid consultation.

Unfortunately, due to the Trump administration, it is no longer possible to apply for DACA at this time. However, please note that there may be other options possible for you. In all circumstances, it is always best to have a competent attorney evaluate and provide a legal consultation if you believe you may have an option to have legal status. Moreover, there is currently discussion with Congress about potentially passing the DREAM Act.

If such law passes, it is important to have your case analyzed by an immigration lawyer to determine if you are eligible for it.

It depends on the specific circumstances of each case. If an individual is not subject to mandatory detention (under INA section 236(c)) then it may be possible to receive bond. Moreover, it is best to have a competent attorney assist with any bond motion, as there are several elements or requirements needed for such a motion.

Please also note that bond amount is discretionary even if approved by the immigration judge and can vary depending on the judge and specific circumstances of the case. It is also important to note that parole may be possible under specific circumstances as well. If parole is approved, which is at the U.S. government's discretion, then no dollar amount will need to be paid for release.

This is a common issue that occurs for family members, loved ones, and friends who have been placed in removal proceedings. The best thing to do is to go to locater.ice.gov and search if your friend or family member is thereby entering their A# (which stands for their Alien number, a common identifying number used for immigration purposes) and country of birth.

Otherwise, you may also search by there biographical data; you will need the person's full name, date of birth, and country of birth in order to do this.

Please note that the online locator is not instantly updated at the time the person is placed in immigration detention. Due to this lag time, it is best to also contact the local immigration detention center in the city that you think the individual is located within. It may take a few days for them to be processed and finally put in the system.

It is advisable that you retain a competent attorney to help locate the individual. Keep in mind that if the individual is placed in immigration detention, it may mean that the U.S. government has instituted removal/deportation proceedings against that person. If this is the case, get in touch with an immigration law firm in Houston right away.