Elgin Immigration Lawyer

Immigration Lawyer in Elgin, TX

In this current political climate, many immigrants are uncertain about their ability to move to or remain in the United States legally. Throughout its history, America has offered a safe haven for many individuals who wish to join family members, escape an oppressive governmental regime, or simply better their life in some way. In many instances, a knowledgeable immigration lawyer can provide these individuals an opportunity to remain in – or enter – the United States legally. 

The experienced and compassionate Elgin immigration attorneys at J. Sparks Law, PLLC, offer numerous immigration services to clients throughout the region. First, if the government has threatened you with deportation from the United States, we can help you assert a proper legal defense. We also assist clients with handling green cards and asylum. 

Moreover, if the government issues an adverse decision in your case, we could help you appeal that decision in a timely manner. Our skilled legal team has the knowledge, compassion, and experience to help you achieve your desired result and pursue the American dream.

For a free case evaluation and legal consultation with an experienced Elgin immigration attorney, please call us today at 512-877-7482 or contact us online for more information. 

Fighting Against Deportation

The Department of Homeland Security is responsible for determining if you should be deported from the United States. If they determine that you are subject to deportation, they must first issue you a Notice to Appear (NTA). This notice will detail the immigration law(s) which you allegedly violated. 

At your immigration hearing, a judge will ask you to admit or deny these allegations. You will also need to present testimony and evidence at your hearing that will help you avoid deportation. Your attorney can present documents on your behalf in court and call witnesses to testify in support of your position.

The immigration judge handling the proceedings will then decide if you must be deported – or if you are eligible to remain in the country legally, given your circumstances. 

If the hearing judge determines that you are subject to deportation, you could apply for various types of relief. Some of the most common types include:

• Order of cancellation for green card holders – where the individual has been a lawful permanent resident in the United States for a minimum period of five years, has not been subject to any criminal convictions, resided in the country for at least the past seven years, and not received a previous removal order.
• Adjustment of status – where the individual who is subject to a deportation order is the child, widow, parent, or spouse of a United States citizen
• Deportation suspension – where an immigrant subject to deportation applies for permanent resident status if they are of good moral character – and if they have physically resided in the United States for a seven-year minimum 
• Order of cancellation for non-permanent residents or VAWA cancellation – where the individual who is subject to deportation proves that they are of good moral character, lacks prior criminal convictions, has a spouse or parent who is a lawful permanent resident or United States citizen, and has physically resided in the country for at least the past ten years.
• Waiver – where deported individuals formally request that the United States government consents to allow them to apply for readmission
• Legalization – where the USCIS finds that you are eligible for legalization, giving you the legal right to stay in the country
• Voluntary departure – where an individual agrees to leave the United States for the period of time that the immigration judge requires – and where no other type of relief is available 

The experienced Elgin attorneys at Sparks Law, PLLC, can answer all of your legal questions and determine if you are eligible to raise one or more of these deportation defenses at your hearing. We can then represent you at all of your legal proceedings and help you achieve the best possible result in your case. 

Moreover, if you receive a denial from the immigration court, you may be eligible to file an appeal within 30 days. Depending upon your circumstances, we may be able to help you file a timely appeal to the Board of Immigration Appeals. 

Family-based Adjustment of Status

Family-based adjustment of status essentially involves applying for a green card to remain in the United States legally. Once an individual obtains a green card, they will achieve lawful status as a permanent resident. A person can apply for a green card while they are legally present in the country – and without needing to return to their home country for any period of time. 

United States immigration laws also allow for foreign nationals who are family members of United States citizens or permanent residents to obtain a green card and remain in the country legally. Family relationships that allow for foreign nationals to obtain green cards include the parents, stepchildren, spouses, and minor children of green card holders or naturalized United States citizens. These family relationships are deemed “close relationships,” and an unlimited number of visas are available on that basis. 

Visa categories also exist for distant relatives. However, these visas are both limited in number and extremely specific. It is also important to keep in mind that an in-law, cousin, uncle, or aunt may not sponsor a relative for immigration purposes. 

It can sometimes be difficult to tell whether you or a close family member qualify for a green card. However, that is where an experienced immigration attorney may come in handy. The experienced Elgin immigration lawyers at J. Sparks Law, PLLC, can help you determine your eligibility for a green card. If you are eligible, we can help you take the necessary steps to obtain your green card and remain in the United States legally. 

Asylum 

In some instances, individuals come to the United States out of fear – or to escape a violent or oppressive political regime that exists in their home country. These individuals may also fear persecution in their home country, in which case they may be eligible for asylum in the U.S. 

Persecution essentially means that an individual’s home government – or a violent group that the home government cannot or will not control – seeks to inflict (or actually inflicts) economic, psychological, or physical harm on the individual. For an individual to qualify for asylum in the United States, the alleged persecution must relate to one or more of the following:

• Political opinion
• Nationality
• Race
• Religious faith
• Social group membership

To qualify for asylum, an individual must typically apply within a year after they first arrive in the U.S. However, certain exceptions do apply in some circumstances. If one of these exceptions does not apply under your circumstances, you may be able to apply for a withholding of your removal, which does not have a time deadline. Likewise, you could submit an application for asylum even if you are an undocumented immigrant who resides in the United States.

The skilled and compassionate Elgin immigration lawyers at J. Sparks Law, PLLC, can answer all of your legal questions about asylum. We can also help you determine whether petitioning for asylum is in your best interests, given your current situation. If it is, we could help you file the appropriate paperwork for asylum – or for withholding of removal from the U.S. 

Pursuing United States Citizenship

There are numerous benefits associated with attaining United States citizenship, including the ability to work permanently and live in the country, hold various governmental positions, and legally vote in general elections. However, to validly apply for U.S. citizenship, you will need to do much more than file a Form N-400.

If you were born in another country, you might be eligible to attain U.S. citizenship through the naturalization process. To be eligible to apply for naturalization, you must satisfy the following requirements:

• Be a legal permanent resident of the United States for a minimum of five years – or three years if you are the spouse of a U.S. citizen
• Be at least 18 years of age
• Be able to write, read, and speak the English language
• Be of good moral character
• Pass a written test on basic United States history and government
• Be physically present in the United States for at least 2.5 of the past five years
• Take an oath of loyalty and allegiance to the U.S.
• Maintain continuous and lawful permanent resident status in the U.S.

If you are eligible for naturalization, the knowledgeable Elgin immigration attorneys at J. Sparks Law, PLLC, can help you file the necessary application materials and pursue full citizenship status. 

Contact a Compassionate Elgin Immigration Lawyer Today

United States immigration laws oftentimes appear confusing and convoluted. Consequently, it is essential that you retain experienced legal counsel to represent you during all of your immigration proceedings. The compassionate legal team at J. Sparks Law, PLLC can meet with you to discuss your unique situation and explain all of your legal options to you in clear terms. We can then help you decide on the best course of action to attain the result you need. 

For a free case evaluation and legal consultation with a knowledgeable Elgin immigration attorney, please call us today at 512-877-7482 or contact us online for more information.