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Moving to the United States can be an exciting experience full of promise and opportunity. Gaining lawful entry into the U.S. can be complicated, however, since the rules and procedures pertaining to immigration are intricate. Moreover, a foreign national who has received legal status may find their status at risk if immigration authorities determine that they are removable from the U.S. and place them in deportation proceedings. Whether you are seeking lawful entry into the U.S. or are faced with deportation, it is essential to engage a knowledgeable immigration attorney who can ensure that your rights are protected. At the Law Office of Armand Jawanmardi, we can explore your unique circumstances and determine an appropriate strategy for you.Immigration Overview
Immigration is regulated by United States Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS). USCIS establishes the rules and guidelines that set forth the requirements for gaining lawful entry into the U.S., and it handles visa, asylum, and citizenship applications and proceedings. The laws and regulations pertaining to immigration are complex and are frequently modified. If you seek to gain admittance to the U.S. or modify your status, you should get the most current information from an immigration attorney at our Houston firm.Deportation and Removal
Deportation, also known as removal, is the process of formally removing a person who is not a citizen from the U.S. for violating immigration laws or committing a crime. USCIS manages the process of deportation and removal. If a person is removed from the U.S., he or she cannot legally re-enter the country without approval from the government. If the government has initiated removal proceedings against you, there are steps that you can take to attempt to avoid being deported, such as arguing that you are not legally removable or seeking immigration relief.Asylum
Asylum allows foreign nationals to escape persecution and is available for people who are deemed refugees pursuant to the Immigration and Nationality Act. The Act defines a refugee as an individual who left his or her home country due to fear of persecution or actual persecution because of his or her race, religion, political opinion, membership in a certain group, or nationality. Generally, an individual seeking asylum must file his or her application for asylum within a year of entering the U.S. If you are seeking to escape persecution, our Houston immigration attorneys can assist you with compassion and care.Cancellation of Removal
If you are faced with deportation from the U.S., you may be eligible for cancellation of removal. If you successfully prove that you meet the requirements for cancellation of removal, you will be permitted to stay in the U.S. The requirements vary based on whether the person whom the government seeks to remove is a non-permanent resident alien or a lawful permanent resident. If your request for cancellation of removal is approved, you will be able to remain in the U.S. and will either retain your green card or be granted a green card.Withholding of Removal
Withholding of removal is similar to asylum in that it allows a person who fears persecution in his or her home country to remain in the U.S. Similar to asylum, a person seeking to obtain withholding of removal must show that he or she fears persecution in his or her home country due to religion, race, political opinion, nationality, or membership in a certain group. Withholding of removal differs from asylum, however, in that a person who receives withholding of removal will not be granted a green card. If you came to the U.S. due to fear of persecution in your home country, a knowledgeable immigration lawyer at our Houston firm can advise you on whether this strategy may fit your situation.Immigration Bond
If a person is arrested for an immigration violation, they may be required to post an immigration bond to be released from custody prior to their hearing. The amount of the bond will be set by the Department of Homeland Security or the immigration judge based on several factors, such as the risk that the person poses to society, their family and community ties, and the likelihood of the person obtaining permanent residency. Not all individuals are eligible for immigration bonds. If you were arrested because of an alleged immigration violation, you should find out whether you can get an immigration bond.
The Immigration and Nationality Act was amended by the Violence Against Women Act (VAWA) to grant protections to domestic abuse survivors who wish to file an immigrant petition. The VAWA provisions allow spouses, children, and parents of U.S. citizens (and some children and spouses of permanent residents) who are victims of abuse to file immigrant petitions without the knowledge of the abuser. This allows the person filing the petition to seek independence from his or her abuser safely. The VAWA provisions are equally applicable to men and women. Our Houston immigration lawyers are adept at helping victims of domestic abuse file VAWA immigration petitions and can assist you with the process of drafting and filing your petition.Immigration Appeals
While an unfavorable ruling in a removal proceeding is disheartening, it does not always mean that the person who received the ruling has no recourse. Instead, in many instances, a denial can be appealed. There are multiple steps in the appeals process. For example, if an immigration judge renders an unfavorable decision, the decision may be appealed to the Board of Immigration Appeals. Then, any denial issued by the Board of Immigration Appeals may be appealed to a Federal Court of Appeals. Additionally, any unfavorable decision issued by USCIS can be appealed to the Administrative Appeals Office.Citizenship
Many people who come to the U.S. dream of one day becoming a citizen. Citizenship comes with numerous benefits, including the right to freely live and work in the U.S., protection from deportation, and eligibility for government assistance. To become a citizen, you must meet the citizenship eligibility requirements and file an Application for Naturalization, and you generally must take an English-language examination regarding American government and history. In some cases, however, a person can become a citizen without taking the examination in English. You should not let this concern deter you from pursuing citizenship, since the immigration attorneys at our Houston firm may be able to obtain an accommodation for you.Adjustment of Status
If a person who came to the U.S. as a temporary visitor wishes to remain here permanently, he or she may be able to do so via an application for adjustment of status, which will result in receiving a green card. Adjustment of status allows a person to obtain permanent residency in the U.S. without needing to file an application for an immigrant visa. There are certain requirements that a person must meet to be eligible for adjustment of status. Typically, he or she must be within the U.S. and must have lawfully entered the U.S. In most cases, the person must have an approved and current immigration petition.Temporary Visas
If a person from another country seeks to remain in the U.S. for an extended but not indefinite period, he or she must typically obtain a temporary visa. Numerous non-immigrant temporary visas allow people to lawfully remain in the U.S. for vacation, work, and other purposes. The type of temporary visa that is appropriate depends on the nature of the person's travel to the U.S. For example, F-1 visas are available for international students who wish to study in the U.S., while B-2 visas are available for tourists. There are several visas that people who wish to work in the U.S. can obtain as well.Contact a Trusted Immigration Attorney
Immigration proceedings can be stressful, and an adverse ruling can permanently affect your legal status in the U.S. At the Law Office of Armand Jawanmardi, our attorneys represent parties in all types of immigration matters not only in Texas but also in other states. We can be contacted through our online form or at (713) 999-9115 to set up a confidential consultation and discuss your specific needs.
Houston immigration attorney Armand Jawanmardi is an attorney who has lived through and understands immigration issues on a personal and professional level. Born to an immigrant father, Armand has seen first-hand the difficulties a person can have adjusting and creating a new life in a foreign country.READ MORE
Houston Immigration Lawyer | Harris County, Texas Visa Attorney | The Law Office of Armand Jawanmardi