We receive a lot of contacts from foreign nationals that have concerns after being arrested in Texas. The questions usually concern an immigration hold. When and how does an immigration hold occur? Under 8 C.F.R. § 287.6 it states:
(d) Temporary detention at Department request. Upon a determination by the Department to issue a detainer for an alien not otherwise detained by a criminal justice agency, such agency shall maintain custody of the alien for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays in order to permit assumption of custody by the Department.
This situation occurs when an agency other than the INS places a foreign national in jail. Once the foreign national is able to be released from jail, the agency may on hold foreign national up to 48 hours for the INS to pick them up. Once the time has elapsed, the agency must release the person.
If a person receives an INS hold it does not automatically mean that they will be deported or even held by the INS. ICE will place a Bond amount for the INS detainer. If the amount is too much, your attorney may request a hearing to have the bond amount reduced.
There are times that the person has information that will allow for a release from the INS detainer and resolve the immigration problem. DO NOT agree to a voluntary departure without consulting with an attorney.
Morris law Firm at (214)357-1782, (817)496-3447
info@themorrisfirm.net.
As a U.S. citizen, you can sponsor a relative for permanent residency, if you can prove that you have resources to support your relative when they enter the United States. You may sponsor your husband, wife, children, parents, brothers or sisters.
To start the process, you need to fill out a form I-130, Petition for an Alien Relative. The form will establish your relationship between you and your relative. Once the form is filed, your relative will be placed in line with other applicants who have similar places of origin and type of relationship.
There is no wait list for spouses, unmarried children under the age of 21 and parents. Your other relatives must wait outside the United States for their I-130 form to be approved. Wait time will depend upon demand and the number of applicants allowed per year.
If you have any immigration questions, contact the Dallas office of the Morris Law Firm at (214)357-1782 or via email at info@themorrisfirm.net.
There are various naturalization provisions that allow permanent residents also known as (green card holders) to become U.S. citizens. The most common of these provisions is section 316(a) of the Immigration and Nationality Act (INA), which allows a person who has been a permanent resident for at least 5 years to apply for naturalization.
Eligibility Requirements
To be eligible for naturalization under section 316(a) of the INA, an applicant must:
- Be 18 or older
- Be a permanent resident (green card holder) for at least 5 years, immediately preceding the date of filing the proper forms. Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
- Have continuous residence in the United States as a permanent resident for at least 5 years immediately preceding the date of the filing the application
- Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application
- Reside continuously within the United States from the date of application for naturalization up to the time of naturalization
- Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics).
- Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law
If you have any questions about citizenship or about immigration, call the Dallas office of The Morris Law Firm at (214)357-1782, or reach via email at info@themorrisfirm.net.
Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). In most cases, an applicant for naturalization must be a permanent resident (green card holder) before filing. Except for certain U.S. military members and their dependents, naturalization can only be granted in the United States.
You may qualify for Citizen ship if:
- You have been a permanent resident for at least 5 years and meet all other eligibility requirements
- You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen.
- You have qualifying service in the U.S. armed forces and meet all other eligibility requirements.
- Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met.
If you have any immigration questions, contact the Morris Law Firm at (214)357-1782 or via email at info@themorrisfirm.net. All the staff and attorneys at the Morris Law Firm are fluent in Spanish.
Our office has an immigration attorney who has a great deal of experience in helping clients apply for citizenship. This is something that many permanent residents do not apply for because of many different reasons. The immigration attorney strongly encourages permanent residents to apply for citizenship if they are eligible. If a permanent resident received permanent residence through marriage and has been married to the same person for three years, they are eligible to apply for citizenship after three years. People who received permanent residence through other methods are eligible to apply for citizenship after five years. You have to be at least eighteen years old in order to apply for citizenship. Normally people who apply for citizenship have to pass English and civics testing requirements. There are different testing requirements based on the age and length of permanent residence of the applicant at the time of application. If someone is over 50 years of age and has lived in the U.S. as a lawful permanent resident for at least 20 years, or if someone is 55 years of age and has lived in the U.S. as a lawful permanent resident for at lest 15 years, that person does not have to take the English test but may take the civics test in the language of their choice. Someone who is over 65 years of age and has lived in the U.S. as a lawful permanent resident for at least 20 years does not have to take the English test but has to take a simpler version of the civics test in the language of their choice. Someone who is a lawful permanent resident can always be removed should they commit some offense that makes them removable. Citizens of the U.S. are not subject to removal from the U.S. Call our office at 214-357-1782 and we can help you apply for citizenship. Our e-mail address is info@themorrisfirm.net.
Most people who apply for immigrant petitions have a family member who petitions immigration so that the family member can apply for permanent residence. The application that has to be filed with immigration is called a family petition. A permanent resident can apply for a spouse, an unmarried child under age 21, or an unmarried son or daughter who is 21 years of age or older. A US citizen can apply for husband or wife, unmarried son or daughter under age 21, an unmarried son or daughter age 21 or older, brothers or sisters, and parents. These petitions are sent to immigration and when they are approved the petitioner is sent a receipt from immigration. When a permanent resident applies for a relative, that relative is placed in the priority system and has to wait to apply for a permanent resident visa. Sometimes this wait can be several years. When a citizen applies for an immediate relative, the process is much faster. Immediate relatives are spouses, parents, or single children under 21 years of age. When a citizen applies for a married son or daughter age 21 or older or a brother or sister the relative is placed in the priority system and again the wait can be a very long time. Call our office and we can help you and you relatives though this complicated system.
Immigration Blog Coming Soon!