Immigration Lawyer in Killeen, TX

Killeen, TX Immigration Lawyer

According to the Texas Demographic Center, the Killeen–Temple–Fort Hood metropolitan statistical area (MSA) in Central Texas includes three counties: Bell, Coryell, and Lampasas. While the area saw the largest internal net migration of any MSA, it also had the third-highest domestic net migration, creating an immigration total of 18.03, which was the highest of any MSA.

Reports indicate that Killeen was named the fifth best place to live in Texas according to the U.S. News & World Report 2019 Best Places to Live in Texas study. The United States Census reported that Killeen had a population of 156,261, putting it in the top 20 municipality populations in Texas.

If you are in the process of trying to secure immigration benefits anywhere in the greater Killeen area, it is going to be incredibly important for you to make sure that you retain legal counsel. J. Sparks Law, PLLC, understands all of the stress that is inherent to the application process but can help you overcome any obstacle that might arise during your application process.

Our firm is based in Austin but represents clients throughout the state of Texas, and we are a bilingual firm, so you can feel comfortable conversing with us in English or Spanish. You may call (512) 877-7482 or contact us online for a free consultation.

Immigration Matters We Handle

Immigration law in the United States involves many different interpretations and codes, so it can be easy for the average person to become confused when researching a particular topic. J. Sparks Law, PLLC, has experience helping clients with such immigration issues as:

Adjustment of Status

People who want to switch from a nonimmigrant immigration status to permanent residence or Green Card holder status must file certain paperwork while they are still present in the United States, so they do not have to return to their home country to complete visa processing. When a person is not eligible for adjustment of status, then they must use consular processing, which can also be an option even when a person is in the United States. 

People should be aware that adjustment of status cases can take up to two years to complete, and people may also have to pay significant fees as part of these applications, with costs possibly reaching $1,225, although certain refugees can get filing fees waived. People will also have to submit many forms of required initial evidence, and all applicants will want to be working with an experienced immigration lawyer who can make sure that all of the required paperwork is included.

Fiancé Visas

People who are seeking to bring foreign fiancé(e)s to the United States so they can marry must file a petition that allows their fiancé(e) to obtain a K-1 nonimmigrant visa. Form I-129F, Petition For Alien Fiancé(e), applies to people and their fiancé(e)s who intend to marry within 90 days of the fiancé(e) entering the United States as a K-1 nonimmigrant, and marriages are required to be valid, which means that both people have bona fide intents to establish a life together and marriages are not strictly for obtaining immigration benefits.

Removal of Conditions

Conditional permanent residents who obtained their status through marriage and want to apply to remove the conditions on their permanent resident status will file Form I-751, Petition to Remove Conditions on Residence. A person can file to remove conditions on their permanent residence status without their spouse or stepparent at any time after they are granted conditional status if they or their parent: 

• Entered into a marriage in good faith, but the spouse or stepparent subsequently died.
• Entered into a marriage in good faith, but the marriage ended through divorce or annulment.
• Entered into a marriage in good faith, but either the person or their child was battered or subjected to extreme cruelty by the spouse.
• Entered into a marriage in good faith, but the person was battered or subjected to extreme cruelty by either the parent or the parent’s spouse.
• Termination of a person’s status and removal from the United States would result in extreme hardship. 

A person needs to apply for removal of conditions within 90 days of their conditional Green Card expiring. Eligibility will be limited to spouses of United States citizens or permanent residents, divorced, separated, or widowed spouses of United States citizens or permanent residents, children who received conditional status within 90 days of parents being granted conditional resident status, and abused partners of United States citizens. 

Green Card Renewal

Federal immigration law requires lawful permanent residents and conditional permanent residents to replace their Green Cards in a variety of settings. Anybody who needs help renewing or replacing a Green Card should work with an attorney because there will be a required application, numerous supporting documents, and possible payment of fees. While Green Cards do not always have expiration dates, most expire ten years from the date they are issued. People should typically begin the renewal process when a Green Card expires in six months. 

A person wanting to renew a permanent resident card must file Form I-90, Application to Replace Permanent Resident Card (Green Card), a person who obtained conditional permanent resident status through marriage and is hoping to apply to remove the conditions on their permanent resident status must file Form I-751, Petition to Remove Conditions on Residence, and a conditional permanent resident who obtained their status through qualifying investments and now wants to remove the conditions on their residence must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.

Employment Authorization

An employment authorization document (EAD) proves that a person is authorized to work in the United States and is usually valid for two years. A person must apply for an EAD if they are authorized to work in the United States because of their immigration status or circumstances and need evidence of that employment authorization or are required to apply for permission to work. 

U Visas and T Visas

When certain immigrants are willing to help law enforcement or government officials in the investigation or prosecution of certain kinds of criminal activity, they could be eligible for U visas or T visas. U nonimmigrant status or the U visa is for victims of certain types of crimes involving mental or physical abuse, and T nonimmigrant status is for certain victims of severe forms of trafficking in persons, such as sex trafficking and labor trafficking, and allows people to remain in the United States for up to four years. 

Advance Parole

Immigrants who are applying for advance parole because of pending applications for adjustment of status need to be approved for advance parole before they leave the United States to avoid any termination of their pending applications for adjustment. Advance parole often relates to the ability to reenter the United States after a person travels abroad. People should obtain advance parole if they have filed an application for adjustment of status but have not received a decision from United States Citizenship and Immigration Services (USCIS), hold refugee or asylee status and intend to depart temporarily to apply for a United States immigrant visa in Canada, and/or an emergent personal or bona fide reason to travel temporarily abroad.

Citizenship

When a person wants to become a naturalized citizen of the United States, they will have to satisfy several requirements. All applicants must be permanent United States residents or Green Card holders who have resided in the United States continuously for at least five years and resided in the state the application will be filed in for at least three consecutive months while being present in the United States for at least two and a half years in the last five years of required residence. 

They also must satisfy the requirements of the English Test, the United States History and Government Test, and be of good moral character while residing in the United States continuously from the filing date of the application for naturalization until actually being granted United States citizenship and be at least 18 years of age and committed to the principles of the United States Constitution. Children are also able to obtain certificates of citizenship if they are younger than 18 years of age, are in the custody of one United States parent, already hold permanent residency and reside in the United States, and have already had a full adoption if they were adopted.

Waivers of Inadmissibility

People could find themselves dealing with any one of several grounds of inadmissibility, including criminal convictions, unlawful presence in the United States, immigration fraud, certain health issues, or prior removal orders. A person who otherwise qualifies for an American visa could be prohibited from entering the United States on one or more grounds of inadmissibility and must file Form I-601, Application for Waiver of Grounds of Inadmissibility. 

Waivers of Unlawful Presence

Whereas undocumented immigrants are typically forced to leave the United States before applying for permanent residency, an I-601 could allow a person to remain in the United States during the green card application process even if they were here unlawfully or overstayed their visa. People who accrue over 180 days of unlawful presence while in the United States need to obtain a waiver of inadmissibility to overcome the unlawful presence bars under the Immigration and Nationality Act § 212(a)(9)(B) before they can return.

Removal Defense for Immigrants

When an immigrant is facing criminal charges in Texas, it becomes even more important for them to quickly find the help of an immigration attorney because certain criminal charges can trigger removal proceedings. It is important for people to understand that Padilla v. Kentucky, 559 U.S. 356, 130 S. Ct. 1473, 176 L. Ed. 2d 284 (2010) was a United States Supreme Court case in which the court held that counsel has a duty under the Sixth Amendment to the United States Constitution to inform a noncitizen alleged offender that their plea would make them eligible for deportation.

When a person has legal representation, they may be able to fight for cancellation or removal. Alternative solutions could involve seeking asylum or an adjustment of status.

Contact Our Experienced Immigration Lawyer in Killeen, TX

Are you currently in the midst of some kind of immigration issue in Texas that is jeopardizing your ability to work and reside in the state? You will want to be sure you speak with J. Sparks Law, PLLC, as soon as possible because our firm will know how to get you the relief you need.

We have experience helping people who came to Texas from countries all over the world, so we understand the unique issues that can arise in many of these cases. You can call (512) 877-7482 or contact us online to set up an initial consultation with our Killeen immigration lawyer.