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Debunking 5 Common Myths Texans Have About Property Division After Divorce

Fri, 10 Jan 2025 11:27:00 GMT

Divorce is a daunting process for anyone, and it is easy to see why people are scared of it. One thing that makes the process even more overwhelming is the number of misconceptions people have about it, especially when it comes to property division. To help clear things up, this article debunks five of the most common myths about asset division in Texas divorces.

Keep reading to learn more about:

Why property is not always (and is only rarely) divided 50/50 in a divorce in Texas.
Why many assumptions about automatic ownership or retention are wrong.
Whether things like inheritance gifts and business ownership are protected during divorce.

Myth 1: Property Is Always Split 50/50 In A Texas Divorce

It’s common for people to assume that property is split evenly in a divorce, but in Texas, this is almost never the case. Texas law calls for a “just and right” division of property, which means the court decides what’s fair based on various factors.

Of course, this may not always align with what you think is fair. The truth is, it simply depends on what the court decides. Sometimes, the split is close to 50/50, but it could be split 60/40, 55/45, or even 70/30, depending on the circumstances. In any case, not every asset will be divided down the middle – and it is important to understand this as you come into the process.

Myth 2: The Marital Home Always Awarded To The Wife In Texas Divorce Cases

Few things are automatic in divorce law, and who gets the marital home is no exception.

While it’s common to see mothers given temporary exclusive use of the home during the divorce process, this is often due to financial differences or because the mother has primary conservatorship of the children. (This is because the court typically aims to minimize disruption for the children, especially if their schooling is tied to the marital residence.)

However, this doesn’t mean the husband’s interest in the home is lost. The husband still has a legal claim to the property, and in some cases, husbands are awarded temporary use of the home while the wife moves out. These decisions are made on a case-by-case basis, depending on the specific circumstances of the couple.

For example, if the husband owns separate property, like a rental home in Florida acquired long before the marriage, and has substantial retirement savings, while the wife has a smaller retirement account and no other residence, the court may award the wife a larger portion of the marital home.

This doesn’t mean she gets the entire home, but she may receive a bigger share to ensure a fair and just division, which could include a claim for a disproportionate share of the property.

At the end of the day, each situation is different, and the court will look at the overall financial picture when deciding how to divide the marital home.

Myth 3: Spouses Automatically Retain Ownership Of Everything They Had Before The Marriage In Arlington, Texas

This myth is only partially true—your original assets might remain yours, but their growth during the marriage is not guaranteed to stay with you.

To understand this, let’s use a few examples…

Imagine you had a retirement account with $30k in it before you got married. Five years later, you are getting divorced, and your retirement account has grown to $50k.

While the original $30k is considered your separate property, the $20k that accumulated during the marriage is subject to division. So, even though the account is under your name, you don’t automatically retain ownership of everything you had before the marriage – any increase in value that occurred during the marriage can be divided.

Consider another scenario where you owned a house worth $100k before the marriage. During the marriage, you used community income (the money you and your spouse earned) to renovate the home.

Because community income benefited your separate property, your spouse could have a reimbursement claim against the increased value of the house. So, while it may take some investigation to determine exactly where the funds for those renovations came from, you won’t necessarily retain full ownership of the increased value of the house.

In the end, the wealth you brought into the marriage is likely to remain yours, but any appreciation in value during the marriage may be divided.

Myth 4: Gifts Or Inheritances Are Protected From Division During A Texas Divorce

This myth is partially true. Gifts and inheritances are considered separate property, which means they are protected during a divorce—if you can prove that the item or asset was indeed a gift or an inheritance.

In Texas, everything is presumed to be community property unless you can provide evidence otherwise. The burden is on the person claiming the gift or inheritance as separate property, and you’ll need to have documentation to prove it.

Documents such as receipts, communications, financial statements, or a will are crucial for showing that something was a gift or inheritance. Without that proof, the item might be considered part of the community estate and subject to division.

Gifts can be tricky, though. Sometimes, it is difficult to prove that something was a gift and not a loan or repayment, which would make it subject to division. Being able to clearly show that the item in question was a gift or inheritance is key to protecting it during the divorce process.

Myth 5: Businesses Are Automatically Protected From Property Division In Texas

It’s easy to assume that a business you’ve built and worked for is automatically protected from division in a divorce, but that’s not the case. The key question is: When did you start the business? If the business was started before the marriage, it may be considered your separate property. You can prove this with formation documents or initial bank statements. However, that doesn’t mean you get to keep the entire value of the business.

Any increase in the business’s value during the marriage is considered marital property and can be divided. These post-marriage gains are not automatically protected.

The situation also depends on the circumstances surrounding the business. For example, if your spouse contributed to the business by working in it, helping it grow, or providing support, they could have a claim to part of the business’s value. Even if you started the business before the marriage, their time and effort would give them strong grounds to seek a portion of the increased value.

Fortunately, there are steps you can take to protect your business, beyond having a prenuptial agreement. One of the most important steps is to keep your business assets and income completely separate from community property. Commingling personal and business funds can make it harder to prove what is separate property, leading to more of your business being subject to division.

This reinforces a key principle in Texas divorce law: If you can’t prove that something is separate property, it is presumed to be community property, and it may not be protected in the event of a divorce.

Still Have Questions? Ready To Get Started?

For more information on Asset And Property Division In Arlington, Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.

How To Modify Final Divorce Orders In Texas: A Step-By-Step Guide

Mon, 23 Dec 2024 11:21:00 GMT

Divorces can be messy and are often based on a specific situation at a certain time. As life changes, you may need to modify parts of your divorce agreement. In Texas, it’s possible to make adjustments, particularly concerning issues related to children. This article covers:

The grounds for modifying a final divorce order
The required documentation and ways to avoid going to court
The expected timeline for a divorce modification in Texas

What Parts Of My Divorce Order Can Be Modified Later?

In Texas, not all parts of a divorce order can be changed. Modifications are only allowed for issues related to children, including:

Conservatorship (Legal Custody)

This involves decision-making authority for the child, such as medical or educational decisions.

Possession (Physical Custody)

This covers where the child lives most of the time and the visitation schedule for the other parent.

Child Support

Modifications can be made to adjust who pays child support and how much is paid, based on changes in financial situations.

Geographical Restrictions

Divorce orders often limit where the parents can live, but life changes may require a modification to allow one or both parents to move.

Division Of Property Is Final

One thing that cannot be modified is the division of property. Once property is divided during a divorce, it is considered final.

While it might seem disruptive, the ability to modify divorce orders is necessary because life changes, especially when children are involved. The needs of a child, as well as the financial and living situations of parents, may shift over time.

Modification orders allow parents to adapt their custody, child support, or other child-related arrangements as circumstances evolve. Without the ability to modify these orders, families could be stuck with arrangements that no longer work for them, which could negatively affect the child’s well-being.

What Are The Legal Grounds For Modifying Final Divorce Orders In Arlington, Texas?

In Texas, you may have various reasons to want to modify your divorce order, but the law only recognizes specific conditions under which modifications can be made. Below are the two primary legal grounds for requesting a modification:

Child Preference

If a child is at least 12 years old and expresses a desire to live with a different parent, you can request a modification of conservatorship or possession. This change could alter who has the exclusive right to designate the child’s primary residence or which parent is considered the “primary” parent, responsible for major decisions.

To initiate this process, you’ll need to file a petition for modification that includes a request for the judge to interview the child about their preference. This interview helps the court understand the child’s reasoning for wanting to live with the other parent.

However, the judge will consider more than just the child’s preference. They may ask questions like:

How is the child’s school performance?
Which parent is more involved in their activities?
Does each parent have consistent rules, like bedtime?
Who is responsible for taking care of the child day-to-day?

The court will also ensure that the child’s preference is not influenced by parental manipulation or bribery.

Voluntary Relinquishment

If the parent who currently has the exclusive right to designate the child’s primary residence has voluntarily relinquished that care for at least six months, you can file for a modification.

This could happen, for example, if the primary parent (such as the father) has left the child with the other parent (the mother) or a grandparent for an extended period.

After six months of voluntarily giving up primary care, the parent who has taken on the day-to-day responsibilities of the child can request that the court modify the divorce order, granting them primary conservatorship. This allows the person actively caring for the child to make important decisions about the child’s welfare.

What Documentation Is Needed To Request A Modification Of Divorce Orders In A Voluntary Relinquishment?

To successfully request a modification, especially in cases of voluntary relinquishment, gathering strong evidence is crucial.

Here are some examples of documentation that can help support your case:

Communication records

Keep text messages, emails, or other written communication that show the primary parent has voluntarily relinquished their duties or allowed the child to live elsewhere.

Official requests and paperwork

Evidence that you’ve taken over key responsibilities, such as requesting a Social Security card or birth certificate or enrolling the child in school, can show you are acting as the primary caregiver.

Day-to-day responsibilities

Records of routine activities—like taking the child to the doctor, attending school events, or handling daily tasks—can help demonstrate that you’ve been fulfilling the role of the primary parent.

While no single piece of evidence may be enough on its own, together, these documents can paint a compelling picture for the court. The goal is to prove that you’ve been the one actively caring for the child and that a modification is in the child’s best interest.

How Long Does The Modification Process Typically Take In Arlington, Texas?

The time it takes to modify a final divorce order in Arlington, Texas, can vary depending on several factors. While it’s natural to want the process to move quickly, modifications take time, and the length of the process depends largely on the specifics of your case and court availability.

Below are three common scenarios:

Case 1: Full Trial

If your case is contested and requires a full trial, the process can take anywhere from one to two years, depending on court schedules and other factors.

For instance, if a child custody evaluation is requested, this alone can take between 90 and 180 days, which delays the final trial or even mediation. In such cases, expect a longer timeline, as there are multiple steps and potential delays involved.

Case 2: Temporary Modification Orders

In some situations, you may be able to obtain temporary modification orders while your case is pending. This allows for temporary changes to be made before the final trial. For example, if you need to change who the primary parent is or lift geographical restrictions, you might be able to request temporary orders if you meet specific legal requirements.

However, to get such temporary modifications, you would need to provide evidence that the child’s current circumstances are significantly harmful to their physical health or emotional development. This typically involves showing serious issues like abuse, neglect, or other dangerous situations that require immediate intervention.

Temporary orders may also be granted if there is proof of voluntary relinquishment by the primary parent or if the child has expressed a strong preference for living with the other parent.

Case 3: Voluntary Changes

The process can be much faster if both parents agree to the modification. When both parties are on the same page, you may be able to skip the need for a lengthy court process altogether. In these cases, you can file an agreed modification, which usually moves through the legal system more quickly and efficiently.

Do You Always Have To Go To Court To Modify The Orders?

Not every situation requires going to court for a modification. For example, if your 6 pm exchange time doesn’t work one day because you are stuck in a meeting or running late, it doesn’t mean you lose your whole weekend.

You can simply reach out to the other parent, explain the situation, and ask to push the exchange time back to a later time, like 8 pm. If the other parent agrees, you do not need to go to court. While the order may still say 6 pm, both of you can adjust the time informally as long as you are in agreement.

However, when it comes to bigger changes, like one parent giving up primary custody, you’ll need to go through a formal modification process, even if both parents agree.

Fortunately, this is a relatively easy process when both parents are on the same page. To do this, you can simply file a modification by agreement, and the court will update the order accordingly.

Why Do We Need a Formal Court Modification If We Agree To Custody Changes?

Even if you agree on a major change to your custody arrangement, it is important to get a formal court order for two main reasons:

Updated Responsibilities

If the original order requires one parent to pay child support, but the caregiving role has switched, you don’t want to be stuck with outdated obligations.

For example, if mom was paying child support, but she now has primary custody, you need the court to update the order so that dad is responsible for paying support.

Enforcement

Without a formal modification, if one parent stops following the agreement, you have no legal way to enforce it. The court can only enforce the official order, not a verbal agreement. To protect yourself, it is important to make the changes in writing through the court system.

Even if a modification is by agreement, making sure it is legally formalized will prevent problems down the road and ensure everything is clear and enforceable.

How Our Firm Supports Clients Like You

One of the toughest parts of our job is helping clients navigate the intense emotions that come with divorce or custody cases.

It is common for feelings of anger, resentment, and even pettiness to surface, which can create tension and volatility. Our role is to guide you through the legal process while also respecting what you are experiencing emotionally.

We come from a legal perspective, analyzing the situation and focusing on the best path forward, but we know it’s not that simple for you. We never want to make you feel like your emotions are invalid, even if your reactions seem extreme to others. Our goal is to acknowledge your feelings and help you find a way to improve the situation.

One thing we often remind clients of is that you cannot control the other person’s actions—only your own. It might feel unfair, but being the bigger person and keeping a clear head is crucial, especially if children are involved.

Acting out of anger or trying to win small, emotional battles rarely brings peace. At the end of the day, once this is over, you’ll still have to co-parent with the other person. Your relationship with your ex will last far beyond this case, and how you handle things now can set the stage for a better future, even if it feels like you are doing all the right things while they aren’t.

It’s not about dismissing your feelings of betrayal, hurt, or frustration; those are real and valid. Our job is to help you focus on the bigger picture, ensuring that once the legal process ends, you have a foundation for a more peaceful co-parenting relationship in the years to come.

Still Have Questions? Ready To Get Started?

For more information on Modifying Family Court Orders In Arlington, Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.

Understanding Presumed Fatherhood In Texas: What It Means And How To Challenge It

Thu, 05 Dec 2024 05:08:00 GMT

Few situations are as frustrating as someone else being legally recognized as the father of your child. Yet, in Texas, this can happen due to “presumed fatherhood.” Thankfully, this legal presumption can be challenged. This article breaks down everything you need to know about presumed fatherhood in Texas, including:

What presumed fatherhood means in Texas law and the rights it grants.
How to defend or challenge presumed fatherhood.
How presumed fatherhood affects child support, custody, and conservatorship.

What Is Presumed Fatherhood Under Texas Law?

In Texas, presumed fatherhood occurs when a married woman has a child—meaning her husband is automatically considered the father of that child. This presumption simplifies legal matters in most cases, but it can also create complications, especially in divorce cases or situations where paternity is in question.

If both parents agree that the husband is the father, paternity can be acknowledged on the child’s birth certificate, and he becomes both the presumed and acknowledged father. However, things can get more complicated when the biological father is someone other than the husband.

For example, if the mother is pregnant during a divorce, it is crucial to address paternity. If the husband is not the biological father, steps must be taken to ensure he is not incorrectly recognized as the father, which could lead to legal and emotional complications later on.

These situations can be uncomfortable to discuss, but honesty is essential to prevent future issues. The more openly you discuss the details with your attorney , the better they can help navigate the legal process.

What Legal Rights Does A Presumed Father Have In Arlington, Texas?

In Texas, a presumed father is considered the legal father of a child, with the same rights and responsibilities as any parent. If a child is born during a marriage, the law automatically assumes the husband is the father. This means he can:

Enroll the child in school
Take the child to daycare or doctor appointments
Make medical decisions for the child
Handle other day-to-day parental duties

However, there are situations where the presumed father may not actually be the biological father. In those cases, someone might want to challenge the presumed father’s rights. This can be done by either signing a denial of paternity or going to court to establish who the real biological father is.

On the flip side, if the presumed father wants to remain the legal father (even if he’s not biologically related), and the mother agrees, they can go through a process where the presumed father acknowledges the child, similar to an adoption.

Here’s how this might look:

Child Born Before Marriage

If a child is born before the couple marries, but the husband is listed as the father on the birth certificate, he becomes the legal (or acknowledged) father, even if the child was born before they were married.

Child Born During Marriage

If a child is born while the couple is married, the law assumes the husband is the father, making him the presumed father. Once his name is on the birth certificate, he is the acknowledged father.

Now, imagine the couple is going through a divorce, and the mother claims the husband is not the biological father of the first child.

While there are limits to how long after birth this can be challenged, situations like this do happen. In such cases, being the presumed father becomes important. Often, the presumed father either remains the legal father, or there is a legal process to determine the biological father.

During a divorce or any legal proceedings, it is crucial to clarify who the father is, especially if there’s any doubt. Even if the child was born during the marriage, leaving this issue unresolved can lead to confusion and legal problems later on. Making sure everything is clear protects everyone involved, especially the child.

Can A Presumed Father Fight For His Rights Even If He Is Not The Biological Father?

In Texas, a presumed father has certain legal protections, even if he is not the biological father. These protections are designed to prevent a presumed father from losing his rights, especially if he has been actively involved in the child’s life.

One key protection is the limit on when presumed fatherhood can be challenged. After the child’s fourth birthday, it becomes much harder to challenge a presumed father’s rights, even if the mother denies paternity.

For example, if a man has raised a child for 16 years as the presumed father, the law recognizes him as the legal father, regardless of biology. This means he can fight to keep his rights to custody and visitation. At this stage, the mother cannot challenge his paternity, and the court will likely uphold his parental role.

One reason the law protects presumed fathers after the child’s fourth birthday is to prevent the emotional damage that can occur when a child suddenly loses a parent figure. If a man has raised a child for years, denying his paternity is not only harmful to him but especially traumatic for the child.

Courts recognize that children benefit from stability, and removing a presumed father after years of bonding can cause lasting harm. Because of this, if you are considering challenging a presumed father’s rights, it’s important to act quickly—before the child turns four—to avoid emotional damage and ensure the legal process is handled as smoothly as possible.

What Happens If A Paternity Challenge Occurs Before A Child Turns Four?

If a challenge to paternity occurs before the child’s fourth birthday, the situation changes. During this time, if the mother denies paternity or another man claims to be the biological father, a DNA test can be requested. If the test shows that the presumed father is not the biological father, his legal rights could be revoked. In these cases, the presumed father may lose his ability to fight for custody or visitation, no matter how involved he has been in the child’s life.

This can be a painful and difficult process, particularly for a presumed father who has been fulfilling the parental role. Unfortunately, the law in these cases prioritizes biological parenthood.

How Does Presumed Fatherhood Impact Child Custody Or Child Support?

In Texas, a presumed father has the same rights and responsibilities regarding child custody and child support as any other father, whether biological or not. The fact that a father is presumed rather than confirmed through DNA does not change his ability to seek custody or be ordered to pay child support.

However, the situation can change if paternity is challenged. If the mother denies that the presumed father is the biological father, or if another man claims to be the biological father, this could affect the presumed father’s rights—especially if the challenge happens before the child’s fourth birthday.

If no one challenges the presumed fatherhood, he retains all the legal rights of any father, including the ability to seek custody, visitation, and even primary conservatorship (custody). He could also receive child support from the other parent, depending on the circumstances.

Is There A Benefit To Having Presumed Fatherhood Legally Acknowledged?

Yes, having your presumed fatherhood formally acknowledged can provide long-term protection. You can solidify your status by being listed on the child’s birth certificate, signing an acknowledgment of paternity, or obtaining a court order. While it is still possible for someone to challenge your paternity later, a formal acknowledgment makes it much harder to contest.

Once your fatherhood is formally recognized—especially if the mother has signed off on it—it becomes more difficult for her to challenge it in the future. By taking these steps, you are not only protecting your rights but also ensuring that your role as the child’s legal parent is secure.

How Is Presumed Fatherhood Legally Challenged In Arlington, Texas?

In Texas, there are two main ways to challenge presumed fatherhood:

1. Signing A Denial Of Paternity

If all parties agree, the presumed father can sign a denial of paternity. Afterward, the biological father and the mother would both sign an acknowledgment of paternity, establishing the biological father’s legal rights.

2. Filing A Suit To Establish Paternity

If the presumed father believes he is the biological father, or if someone else (like the mother or another alleged father) challenges his status, a paternity suit may be necessary.

This process typically involves a DNA test to determine whether the presumed father or another man is the biological father. Once the results are in, the legal paternity can be settled, and related issues like child support and custody can be addressed.

Importantly, if you want to challenge presumed fatherhood, this process must be initiated before the child turns four. After that, your options are limited.

What Happens If I Miss The Deadline To Challenge Presumed Fatherhood?

If you miss the deadline to challenge presumed fatherhood (before the child’s fourth birthday), the presumed father is legally recognized as the father.

This means he will have all the rights and responsibilities of a parent, including the ability to seek custody and visitation rights.

If he and the mother separate later, the presumed father will continue to have the same parental duties as any other legal father.

Can A DNA Paternity Test Change Anything After Age Four?

After a child turns four, getting a court to allow a DNA paternity test becomes much harder.

Texas law includes the four-year limit for a reason, and a judge can refuse DNA testing if the presumed father has been acting as the child’s father for years. Even if a biological father steps forward later, the court may argue that the presumed father has fulfilled the parental role, regardless of biological connection.

In these cases, the presumed father can continue to have rights to custody, visitation, and decision-making for the child, just as if he were the biological father. This is why it is important to act within the legal timeframe if there’s any doubt about paternity.

Still Have Questions? Ready To Get Started?

For more information on Presumed Fatherhood In Arlington, Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.

The Legal Process Of Establishing A Parent-Child Relationship: An Overview For Arlington Residents

Thu, 21 Nov 2024 05:53:00 GMT

Few endeavors are as impactful as parenthood, but what does it mean in the eyes of Texas law? Who gets to claim the privileges and responsibilities of being a legal parent? In this article, we explore the legal framework surrounding parent-child relationships in Texas, specifically for Arlington residents, covering topics such as:

How the parent-child relationship is defined and established (even without DNA testing).
How legal procedures differ for married and unmarried parents in Texas.
The significance of establishing a parent-child relationship, and how grandparents can do it.

How Is A Parent-Child Relationship Legally Defined In Texas?

In Texas, a parent-child relationship can be established in several ways. According to state law, this relationship can be recognized as:

A mother who gives birth to the child
A parent who adopts the child

Additionally, Texas law provides specific processes that outline how the parent-child relationship can be established beyond biological birth. The legal system acknowledges that families can take various forms and strives to ensure that once a parent-child relationship is established, it is fully respected under the law.

Can A Parent-Child Relationship Be Established Without DNA Testing?

Yes, DNA testing is typically required in cases where paternity is disputed—such as when the mother denies the father’s paternity or the father denies his relationship with the child. These situations are the most common reasons DNA testing is used before legal proceedings can move forward.

However, outside of these cases, DNA testing is not necessary. Texas law allows for the establishment of a parent-child relationship through an acknowledgment of paternity (AOP), which is a formal legal document.

Additionally, if both parents are listed on the child’s birth certificate, this can also serve as proof of the parent-child relationship. In cases where further legal action is needed, an adjudication, or court order, can be issued to formally establish the relationship. These various legal options ensure that parenthood can be recognized without requiring genetic testing in all cases.

What Documents Are Needed To Establish A Parent-Child Relationship?

The most common documents needed include:

The child’s birth certificate
Acknowledgment of paternity
A court order, such as an adjudication

These legal documents serve as proof of the parent-child relationship and are essential for matters related to custody, support, and inheritance.

How Does The Legal Process Differ For Married And Unmarried Parents In Arlington, Texas?

Both married and unmarried parents in Texas can establish a legal parent-child relationship, but the process is a bit different for each. For married couples, the law automatically assumes that the husband is the father of any child born during the marriage. While this is helpful in many cases, it can create challenges if the husband is not the biological father.

For instance, if a married woman has a child with someone other than her husband, all three people—the mother, her husband, and the biological father—must follow certain steps to legally establish who the child’s father is. This includes:

Filing a legal case to establish paternity
Getting a court order (called an adjudication) to confirm the biological father
Having the husband sign a denial of paternity
Having both the mother and the biological father sign an acknowledgment of paternity

This situation is more common than you might think, especially if the parents are in the middle of a divorce. Even if the child isn’t the husband’s, the paternity must still be addressed during the divorce proceedings. If everyone is on good terms, this process can be smoother, but it still requires legal steps to ensure everything is settled correctly.

What Is The Legal Significance Of Establishing A Parent-Child Relationship?

The main reason for legally establishing a parent-child relationship is that it gives parents the ability to enforce their rights and take on the responsibilities of raising their child. While many people see this as just a step toward securing child support, it is about much more than that.

Without a legal order in place, one parent—often the one who has primary possession of the child—may make decisions that affect the other parent’s rights. While most people picture the mother as the primary caregiver, that’s not always the case. In fact, many fathers have the misconception that they have fewer rights than mothers, but this is not necessarily true.

If a father wants to ensure his parental rights are fully protected, it is essential to establish a legal parent-child relationship. This step allows fathers to make sure their role in their child’s life is clear and recognized.

For separated parents, getting a legal order that outlines custody, visitation, and child support is crucial. The more detailed the agreement, the better—because if problems arise, such as the other parent not respecting your visitation rights, you’ll have the legal grounds to enforce the order and protect your time with your child.

Relying on informal agreements or verbal promises often leads to issues down the line. By securing a legal order, both parents’ rights are clearly defined, and you have the ability to hold the other parent accountable if things change.

How Can A Grandparent Establish A Parental Relationship Over A Grandchild?

If you are a grandparent raising your grandchild, you may be able to obtain the legal rights and responsibilities of a parent, but it is important to understand that the Texas Family Code has a “parent fit” presumption, and you will need to overcome this if you want to establish legal parental rights.

The law assumes that parents are capable of raising their children, so for a grandparent to step in and gain parental rights, they must prove that the biological parent is unfit. This can be challenging—simply claiming that the parent is unstable, irresponsible, or financially struggling is not enough. You’ll need concrete evidence to convince a court that the parent cannot provide a safe, stable environment for the child.

For example, if your son or daughter dropped off their child at your home temporarily, and it has only been a day or two, you can’t file for parental rights just because you are concerned. However, if there has been an extended period without communication, and you are worried about the child’s well-being, you might want to take legal action to protect the child and ensure you have the authority to make decisions for them.

In such cases, you will need to locate the parent, notify them, and serve them legal papers—but this is just the first step in what can be a complicated process. Although it may feel frustrating to go through so much, it is necessary unless it is an emergency where Child Protective Services (CPS) is already involved.

If CPS is involved and the child has been placed with you in an emergency situation, the process may move faster. However, if CPS is not involved, you’ll need to act as the child’s primary caregiver for at least six months before you can file for parental rights.

After six months, you can file to request parental rights, establish a visitation schedule, and seek support from the biological parents. Keep in mind that during those six months, you’ll need to be fulfilling the day-to-day responsibilities of being a parent. The court will want to see that you’ve already been acting in the child’s best interests before it will consider granting you legal recognition of that role.

There are situations where you may be able to file sooner. For example, if the parent has been absent for a few months but returns in a state of instability—such as being intoxicated or belligerent—or tries to disrupt the child’s life by pulling them out of school, you may have grounds to file earlier. In any case, you will need to show that continuing to allow the biological parent full rights would negatively impact the child and that you can provide a better, safer environment.

Ultimately, the court’s goal is to ensure that the child’s best interests are protected, providing them with a stable, non-violent environment where they can thrive.

What Are Some Consequences Of Failing To Establish A Parent-Child Relationship?

Failing to establish a legal parent-child relationship can have serious consequences. Without this legal recognition, you won’t have access to important rights and privileges that are essential for both you and the child.

No Access To Child Support

One of the most immediate consequences is that you won’t be able to receive child support. While raising a child is rewarding, it can also be financially challenging. Without financial support, covering the costs of raising a child—such as healthcare, education, and everyday needs—can become overwhelming. Establishing the parent-child relationship ensures that the child receives the financial resources they need.

Limited Decision-Making Power

Another major consequence is losing the ability to make critical decisions for the child. For instance, during the COVID-19 pandemic, many parents and caregivers faced disputes over whether or not to vaccinate their children.

If you haven’t legally established the parent-child relationship, you won’t have a say in these important decisions. However, by legally establishing the relationship, you can determine which parent has the right to make major decisions or whether both should share those responsibilities. In some cases, you could even contest a decision in court.

Loss Of Visitation & Custody Rights

Establishing the parent-child relationship is also crucial for securing your right to spend time with the child. If you do not have legal recognition, the primary parent could limit or control when and how you see the child.

A court order that defines the parent-child relationship will protect your rights and establish clear terms regarding custody and visitation. These orders can cover details as specific as when and where child exchanges take place, ensuring both parties follow agreed-upon arrangements.

Inability To Prevent Unilateral Changes

Without a court order protecting your parent-child relationship, the other parent could make significant changes—such as moving to another state—without consulting you. When a legal relationship is established, neither parent can make such changes without the other’s agreement or a new court order.

Still Have Questions? Ready To Get Started?

For more information on Establishing A Parent-Child Relationship In Arlington, Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.

Supervised Possession Schedules: Ensuring Child Safety In Family Violence Cases

Wed, 18 Sep 2024 05:33:00 GMT

In this article, you can discover…

How supervised possession schedules can help in difficult family situations.
Whether supervised schedules can be transitioned.
How to approach inaccurate accusations of violence as a parent.

What Is A Supervised Possession Schedule?

Supervised protection schedules allow a child to have a limited amount of supervised time with a parent who has been found to be a possible threat to the child. In many cases, a supervised possession schedule is ordered when domestic violence has occurred, but this is not always the case.

For example, it may be that one parent has fought with, yelled at, threatened, or struck the other, yet not in the presence of the child. Nor was the child ever a target of that parent’s anger or violence. In such a case, a judge may or may not rule that a supervised schedule is needed, as the child was not present for the violence, nor was the child physically harmed.

Having said that, if you feel unsafe around the other party or worry that they may harm or neglect your child, you can and should request a supervised possession schedule. For such a petition to be successful, specific incidents will have to be brought to light. For example…

What happened during the incident? Was there violence or assault?
What did the child see?
Was the child a target of the violence?
How might the child’s emotional wellbeing or safety be affected if in the other party’s care?

This applies not only to physical abuse but also to negligent or irresponsible behavior and substance abuse. For example, leaving a child in the car while a parent visits a club, bringing a child to an inappropriate environment, or drug use.

What Does A Supervised Possession Schedule Look Like?

Supervised possessions schedules typically allow a parent an hour or two of supervised time with the child on the first, third, and fifth weekends. No overnight time is allowed. Court-ordered supervisors stay with the child and parent throughout the visit. These are often social workers, but can also be a responsible family member, such as a grandparent.

During supervised visits, the role of the supervisor is to be attentive and protective, to stay with both the parent and the child throughout the visit, and to report any irresponsible or illegal parental behavior observed during the visit.

What if you’re ordered to be on a supervised possession schedule with your child? Respecting the supervisor, abiding by the rules of the order, and demonstrating safe and responsible behavior during visits can give you an opportunity to petition the court for more time with your child. While acceptance of this petition is not guaranteed, showing the courts that you are safe and careful during visits will always help your case.

Can Supervise Possession Schedules Be Transitioned?

In some cases, yes. For example, if you demonstrate responsibility and respect for your child’s wellbeing, attend court-ordered classes (such as anger management classes) and modify your behavior and attitudes over time, a court may decide to allow you unsupervised time with your child.

Be aware, however, that these decisions are made on a case-by-case basis. You will still need to petition for this transition. But if you’ve made serious strides in correcting or overcoming the behavior that led to supervised time being required, you should definitely feel encouraged, with your attorney’s help, to petition for unsupervised access to your child.

How Should I Handle A Parent Making False Claims Of Violent Behavior?

Sometimes, the other parent may accuse you of violent, harmful, or negligent behavior when you haven’t done anything wrong. When this happens, it’s important to establish what the other parent’s accusations are, if they have concrete examples of abuse, or if their assertions are vague and fueled more by anger than by facts.

One of my goals as an attorney is to help parents manage their negative emotions during a divorce. The pain, bitterness, and frustration surrounding this time can lead parties to exaggerate or lash out. Getting to the truth is important, as is investing all accusations of abuse thoroughly.

In short, there’s no need for you to have your parental rights threatened due to pettiness or unfounded claims. As a family law attorney, I can help meaningfully direct conversations to establish whether or not the other parties’ claims are grounded in truth. And help both you and the other party work cooperatively and honestly towards your child’s best interests.

For more information on Supervised Possession Schedules, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

Your Guide To Designing Possession Schedules For Infants And Toddlers In Texas

Fri, 13 Sep 2024 06:12:00 GMT

In this article, you can discover…

How possession schedules work for infants and toddlers.
Mediating custody issues when very young children are involved.
How an attorney can help you design a successful schedule for small children.

Why Are Specialized Possession Schedules Needed For Infants And Toddlers?

In Texas, the type of possession schedule ruled for a very small child will depend on what is in that child’s best interest. If you’re concerned that your very small child needs a specialized possessions schedule, you and your attorney can petition the courts for this.

What will this require? You will have to demonstrate that a specialized possession schedule is in the best interest of the child, and show the court what the infant or toddler’s schedule with each parent looked like before the lawsuit to divorce was filed.

For example, if you as a mother spent most of your time with your infant day and night, doing nightly feedings and taking your baby to appointments, it’s likely that you will stay on that full-time possession schedule.

This doesn’t mean your baby’s father won’t be able to see or spend time with his child; it simply means that the infant will be with you the majority of the time as a primary parent, as this is what your baby is used to.

How Can Parents Who Disagree On Possession Schedules Come To An Agreement?

This is a juncture where mediation is best, prior to divorce being finalized. A caring and attentive attorney can help you get a big-picture sense of what your small child’s daily routine was like prior to the divorce being filed for.

Mediation can help you and the other party come to an understanding of what is in the child’s best interest. Who handles the doctor’s appointments? Which parent knows your child’s pediatrician’s name? Which parent is more aware of details such as nap schedules, feeding schedules, or how often your infant wakes up in the night?

Getting a sense of this can help direct mediation toward a decision that is best for your infant or toddler. It’s very likely that mediation will conclude the more active parent is best suited for primary possession, at least while your child is very small.

How Does An Attorney Design A Possession Schedule For Very Young Children?

A good attorney will consider what your young child’s daily routine was like prior to the divorce being filed. Small babies need continuity, stability, and a great deal of attention, and the parent who provided the most of that will likely be awarded initial primary possession.

What can you do if you’re the parent who provides less attention? Can you still see your child?

Yes, you can. Your attorney can work closely with you to gain an understanding of your work schedule and the other party’s work schedule and consider how a child’s needs will change over time. It’s possible to go before a judge and request a possession schedule closer to 50-50 once your child is older and a bit more independent.

For example, a mother may be given primary possession until a child is done breastfeeding and can eat solid food. After this milestone is reached, more time with the father can be agreed upon, as this works best for the child and allows both parties time with their son or daughter.

Future possession schedules can be seen as a step-by-step journey that takes into account your child’s growing independence. This can help you and the other parent design a current and future proposed schedule that is focused on your child’s needs yet allows more time to be evenly split as your young child grows.

A judge is likely to view this positively as a sign that you and the other party are able to work together reasonably and selflessly to consider your child’s wellbeing alongside each parent’s desire to be involved in the child’s life.

For more information on Your Guide To Designing Possession Schedules For Infants And Toddlers In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

Your Parental Rights And Duties In Texas: A Legal Overview

Fri, 13 Sep 2024 06:09:00 GMT

In this article, you can discover…

Your parental rights and duties as defined in Texas.
Whether parental rights can be modified.
How to respond to a parent who neglects their parental duties.

Legally Speaking, What Are Parental Rights And Duties In Texas?

Your parental rights include the right to determine where your child lives, the right to consent to their medical treatment, and the right to consent to psychiatric treatment for your child.

It also includes a right to receive child support if the court orders it, the right to legally represent your child, the right to make educational decisions for your child, to apply for a child’s passport, and to give your consent for marriage or enlistment.

These are the core rights that are often fought over in custody battles. These rights may change depending on your circumstances or the circumstances of the other parent.

What Basic Responsibilities Do Parents Have Towards Their Children?

Parents have a responsibility to love and protect their child, provide for them, and to do what is in the child’s best interest. Parental responsibilities involve not only supplying food, shelter, medical care, and clothing, but establishing and fostering a warm relationship. It also involves making sure you consider your child’s needs above all else, even if they conflict with what you may personally want or with your emotions.

How Are Parental Rights And Duties Divided In Custody Arrangements?

Conservatorship is broken down into an allocation of rights and duties in Texas. Rather than argue that you want full custody or sole conservatorship, it is more helpful to name the rights and responsibilities you would like to have over your child.

The rights and duties that a court will grant you over your child depend very much on your and the other party’s circumstances, commitment, and ability to care for your child. A judge will take these factors into account when determining joint or sole conservatorship.

Exceptions to this will include if there are allegations of physical or sexual abuse, an unsafe living environment, or circumstances no longer in a child’s best interests.

Can Parental Rights Be Modified Or Terminated?

Yes, though, it’s important to understand that the modification or termination of parental rights must be based upon concrete factors rather than subjective emotional feelings. Simply disliking, resenting, or being deeply hurt by a spouse’s actions (such as infidelity) does not give you the right to seek to terminate their parental rights.

Instead, petitioning the court to modify these rights must be based on factors that are no longer in the best interests of your child, such as the other party’s drug or alcohol use, abuse, neglect, or financial inability to continue to care for your child.

It’s important to consult with a caring and knowledgeable attorney to determine if changing circumstances warrant the modification of parental rights. These circumstances must be material and substantial and must be verifiable with evidence. A parent simply running late to soccer practice is not a valid ground for modification.

For parental rights to be fully terminated, specific and serious elements must be proven to a court. For example, it must be proven that the other party has abandoned your child and does not wish to return, has engaged in specific types of criminal conduct, has abused or neglected your child, or has abused or neglected another child in the home.

Consult with an attorney to help you determine the best course of action if you suspect neglect or abuse from the other party and to determine which route is best for your child.

How Have Your Experiences As An Attorney Helped You Navigate The Emotional Aspects Of Family Law?

When I was younger, my parents briefly separated and divorced but then remarried each other. I had a custom possession schedule, and I can see how this helped my parents co-parent and helped me adjust as best I could. In spite of their anger and pain, they were still able to co-parent and work through their differences without an attorney encouraging them to attack one another.

My goal as an attorney is to help both parties co-parent if at all possible but to protect children above all. If there is danger or a serious risk of danger, I make protecting the child my first priority.

If possible, I encourage parents to work together for the good of their child, come to amicable arrangements, and work to make their child’s life as peaceful and meaningful as possible, even in the aftermath of a divorce. This can help parents figure things out together without having to return annually with new complaints or grievances, a process that can drain finances and be exhausting for all, especially for children.

What Happens When A Parent Doesn’t Meet Their Duties?

Unfortunately, no one can force a parent to care for or take responsibility for a child. And in some cases, negligent or apathetic parents may willingly give up their parental rights.

If you suspect that the other party is failing to meet their duties, for example, refusing to get psychiatric care for a clearly disturbed child, you can petition the court to order that they seek treatment for your child.

Should they fail to do so, they may be found in contempt of a court order, and their parental rights could be modified or terminated as a result. This could allow you to receive sole custodianship and get your child the help they need. Always bring concerns about your child’s health and wellbeing to a trusted attorney, and allow them to work through solutions that will protect your child and your rights as a parent.

For more information on Your Parental Rights And Duties In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

Understanding The Types Of Conservatorship In Texas

Fri, 13 Sep 2024 06:04:00 GMT

In this article, you can discover…

How conservatorship is defined in Texas.
Which factors determine conservatorship.
How conservatorship impacts child support and medical needs.

How Is Conservatorship Defined In Texas Law?

Conservatorship relates to a legal adult’s rights and responsibilities to protect, care for, and make decisions in the best interest of a child. This term is usually used in relation to child custody and family law, i.e., a parent who has rights and duties to a child or possession of a child can be legally described as the conservator; essentially, the child’s legal guardian. Usually, this is a parent, though conservatorship can be granted to another adult by the court, such as a grandparent or adoptive parent.

Different types of conservatorship are related to different levels of responsibility and involvement within the child’s life.

What Are The Different Conservatorships In Texas?

Conservators (or legal guardians) are generally described as “sole managing conservators” or “joint managing conservators” by Texas law.

If you are the “sole managing conservator,” you have the main responsibility and right to care for the children, shelter them, and the exclusive right to make major decisions about their residence, health, education, and overall wellbeing.

Sole conservatorship is generally granted to a parent only when a judge hears compelling evidence that: (1) the other party has a history of family violence, neglect, or substance abuse that endangers the child; and (2) granting joint conservatorship would not be in the child’s best interest.

If a parent is granted sole conservatorship, the other party will be designated as a “possessory conservator,” which grants you the right to spend time with your child but not the ability to have the final say on major decisions. Even as a possessory conservator, you have the right to know and obtain information regarding your child’s health, education, and well-being. If a judge finds you pose a serious threat to your child’s safety, then additional restrictions may be added.

More often than not, parties in a custody case will be designated “joint managing conservators” by the court. This is more common in Texas because it encourages the parents (or legal guardians) to maintain an active role in the child’s life. If designated a “joint managing conservator,” you will likely share some of the responsibilities and rights to make decisions about the child with the other parent. The rights and duties that each conservator (parent or legal guardian) is granted may vary in each case.

What Factors Influence The Court’s Decision on Conservatorship?

The biggest factor that a Texas court will consider when deciding conservatorship is what is in the best interest of your child. Factors considered include your child’s happiness, emotional wellbeing, physical safety, medical needs, the stability of the home, and your child’s age-specific needs.

In many cases, joint conservatorship is granted because it is assumed that both parents have the clear ability to care for, protect, spend time with, and consider the needs of your child. If you tend to take on more of the responsibilities, then the court may grant you a few exclusive rights or duties to make certain decisions concerning your child.

Serious issues such as abuse, neglect, violence, or parental habits that would harm your child’s well-being are also going to be considered by a judge when deciding whether to grant sole or joint conservatorship. If you want to raise a serious concern, you must be able to bring compelling evidence to prove the other party’s behavior endangers the child.

How Does Conservatorship Impact Medical Decisions For The Child?

In cases of joint conservatorship, the right to make non-invasive or emergency medical decisions for your child is typically granted to both parties. This allows both you and the other party to schedule and attend doctors’ appointments, facilitate ER visits, and consent to life-saving treatment for your child.

In cases of sole conservatorship, these rights are given only to one parent and not the other. What about more invasive procedures, such as surgery or vaccines, that might be debatable or controversial?

Unless these procedures are genuine life-saving emergencies, consent must be taken from the parent with sole conservatorship, if not jointly held.

While Texas law could someday become more nuanced on this topic, as it stands today, sole conservatorship grants sole rights to decide medical treatment for your child.

How Does Conservatorship Impact Child Support Obligations?

If you’re the sole managing conservator, there’s a strong argument for you to be the recipient of child support in Texas. As you carry most of the responsibility of providing for, raising, and caring for the child, you have the right to request the court order for child support to be paid by the party without those responsibilities.

The determination of which party has the obligation to pay child support will vary in cases where both parties are designated as joint managing conservators. Child support is more often given to the parent or conservator with whom the child lives most of the time.

What if you have a joint 50-50 possession schedule with your child, meaning parents spend equal amounts of time with the child? In this situation, parents often agree that neither party will pay child support because they each have the ability to provide for the child’s needs during their periods of possession of the child. In the absence of an agreement, attorneys may calculate each party’s child support obligation and request a judge order the parent with a higher income to pay offset child support to the other party.

For example, if the other party’s obligation is calculated to be $500 a month and your obligation is $700 per month, you may be asked to pay the other party a difference of $200 in offset child support.

For more information on Understanding The Types Of Conservatorship In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.

Child Custody: Strategies For Safeguarding And Cooperation

Fri, 13 Sep 2024 05:51:00 GMT

In this article, you can discover:

The critical impact of domestic violence allegations on custody and child safety in Texas.
Key practices to exhibit a safe, stable home environment during custody evaluations.
Effective methods for ensuring continuous parent communication and cooperation in shared custody.

What Role Do Allegations Of Domestic Violence Or Child Abuse Play In Determining Custody Arrangements To Protect The Child’s Safety?

In Texas, the Family Code mandates a thorough examination of any allegations of domestic violence or child abuse when deciding custody arrangements. Evidence of physical force, sexual abuse, or family violence, particularly within two years preceding the case, significantly influences the decision to appoint a parent as either a sole or joint managing conservator.

This is crucial both for the attorney representing the accused parent and for the one defending against these allegations. The court examines credible evidence of past or present child neglect or abuse in various forms, including physical and sexual abuse, between spouses or a parent and child.

The court’s primary focus is determining the potential threat to the child’s safety and considering various custody restrictions or modifications, such as supervised visitation or safe exchange locations. A finding of family violence can eliminate the presumption of joint managing conservatorship, significantly impacting parents’ rights and responsibilities towards the child.

How Can A Parent Demonstrate Their Commitment To Providing A Safe And Stable Home Environment During Custody Proceedings?

To demonstrate commitment to a safe and stable home environment, a parent must show consistent past behavior in providing essentials like shelter, food, and safety. Stability is key; this means avoiding frequent relocations and maintaining a consistent schedule for the children.

Additionally, articulating clear goals for the child’s future is vital. These goals should reflect a desire for the child’s overall well-being, including academic success, emotional health, and maintaining a respectful relationship with the other parent.

This perspective indicates an understanding that custody battles are temporary, whereas co-parenting is an ongoing responsibility. The parent’s ability to foster their child’s interests and support their dreams, as evidenced through activities and engagements, further strengthens their case.

What Steps Can Be Taken To Ensure Ongoing Cooperation Between Parents In A Shared Custody Arrangement?

To foster ongoing communication and cooperation in shared custody arrangements, two key strategies are recommended. First, a co-parenting class is essential. It educates parents on effective co-parenting, tailoring to specific needs, and may include in-person sessions if necessary.

Second, the use of a co-parenting application can help facilitate communication. These apps typically include shared calendars for tracking the child’s activities, enabling text, audio, and video communication, and a feature for managing expense reimbursements.

Some apps even offer tone meters to encourage respectful communication. Beyond these tools, attorneys play a crucial role in influencing client perspectives. Advocating for agreement and cooperation, rather than fostering conflict, is paramount. This approach encourages parents to focus on the child’s best interests and maintain a functional co-parenting relationship post-litigation.

For more information on Allegations Of Domestic Violence Or Child Abuse, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

Key Factors Courts Consider For Child Safety And Welfare

Fri, 13 Sep 2024 05:44:00 GMT

In this article, you can discover:

How courts prioritize child safety and well-being in custody cases without home inspections.
The significance of evaluating living conditions and environment in custody disputes.
Why courts assess the parents’ mental and emotional health in custody decisions.

What Factors Are Considered By The Court To Ensure The Safety And Welfare Of A Child In Custody Cases?

In child custody cases, the court takes into account several factors to ensure the child’s safety and welfare. Contrary to popular belief, the court does not conduct home inspections like examining medicine cabinets or refrigerators.

However, in situations involving family court services or child custody evaluations, a social worker might be involved. This professional could conduct interviews with each parent, observe parent-child interactions, investigate criminal histories, and examine drug test results, if applicable.

They may also inspect the homes. These evaluations can be instrumental in presenting a neutral perspective on custody issues, and assessing the environment, school, health, and overall well-being of the child.

Furthermore, the court pays attention to any history of substance abuse, mental health issues, or violence from the parents. Proving these allegations is crucial. Even in cases where allegations such as excessive drinking are made, without recent evidence or testimony from others about its impact on the child, it might be challenging to convince the court of potential risks.

The court also evaluates the happiness and health of the child, ensuring they do not live in fear or under harmful influences. It is important to demonstrate that a parent is not only fun and lenient, but also responsible in maintaining discipline and stability, which contribute to the child’s well-being.

Does The Court Assess The Living Conditions And Environments Of Each Parent To Determine The Best Interest Of The Child In A Custody Dispute?

Yes, the court can assess the living conditions and environments of each parent. This assessment is typically carried out through family court services or child custody evaluations, and in adoption cases, a home evaluation is necessary.

While not always a deciding factor in every custody dispute, such as in divorce or modification cases, these evaluations become critical when there are specific allegations or concerns about a child’s living conditions. Factors like the availability of a safe and comfortable sleeping area, access to food, and general home safety are considered. The court recognizes that living conditions can improve over time, and thus, it seeks an overall picture of the child’s environment.

Do Courts Evaluate The Mental And Emotional Well-Being Of Each Parent When Making Decisions About Child Custody?

Courts do consider the mental and emotional well-being of each parent when making decisions about child custody. This evaluation typically arises when concerns about a parent’s mental health are explicitly raised. It’s important to note that having mental health issues does not automatically disqualify a parent from custody; rather, the focus is on how they are managing their condition. Proper care and treatment can mitigate concerns.

However, if untreated mental health issues result in behavior that endangers the safety or emotional well-being of the child or other parent, this will significantly impact custody decisions. Courts need to distinguish between genuine concerns and allegations made out of spite during divorce proceedings. Hence, providing evidence, whether through medical records or testimony, is essential to substantiate claims regarding a parent’s mental and emotional state.

For more information on the Safety And Welfare Of The Child, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.

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What Are The Differences Between Chapter 7 And Chapter 13 Bankruptcy?

Fri, 20 Mar 2020 22:47:25 GMT

The difference between a Chapter 7 and a Chapter 13 bankruptcy has to do with income level. At our firm, we only handle Chapter 7 bankruptcies. The benefit of Chapter 7 bankruptcy is that it wipes out the debt, whereas a Chapter 13 bankruptcy puts you under a repayment program for up to five years. After the 341 meeting and order of discharge in a Chapter 7 bankruptcy, you are done with the process.

What Requirements Must Be Met For Filing A Chapter 7 And A Chapter 13 Bankruptcy?

One requirement for filing a Chapter 7 or Chapter 13 bankruptcy is to provide proof of your income for the past six months. If you have over a certain amount of income or taxes and are filing for a Chapter 13 bankruptcy, then you will have to abide by a repayment program. If you are filing a Chapter 7 bankruptcy, then all of your debts will be discharged. However, if you want to keep an asset, such as a house or a car, then you will have to file a Chapter 13 bankruptcy.

How Do I Know Which Type Of Bankruptcy Is Right For Me?

The best way to figure out which type of bankruptcy is appropriate for you is to consult with an attorney and have your finances ready for evaluation. You should have your paycheck stubs for the past six months, your tax returns for the past three years, copies of your bank account statements for the past two years, and a list of all your debts prepared for your attorney.

Why Do I Need An Attorney To Help Me File Bankruptcy? Can I Just Do It Myself?

You should seek the assistance of an attorney when filing for bankruptcy because the voluntary petitions can be relatively complicated. When you submit a bankruptcy filing, you do so under penalty of perjury, so it’s important that you do not leave anything out. If you were to omit information due to a simple misunderstanding, you could face prosecution for fraud or perjury.

For more information on Bankruptcy Cases In The State Of Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

What Is Fault? How Might It Affect My Auto Injury Case In Texas?

Fri, 20 Mar 2020 22:45:59 GMT

Fault falls upon whoever was responsible for the accident. Texas is a comparative negligence state, which means that if you are more at fault than the other party, then you would be barred from recovering anything for any injuries you sustained.

What Is The Statute Of Limitations For Bringing An Auto Injury Claim In Texas?

With some exceptions, the statute of limitations in Texas is two years from the date of injury or the date of loss. This means that if you do not file within two years, you will lose all your claims.

What Steps Should I Take If I Have Been Injured In An Auto Wreck And Need To File A Lawsuit?

The first thing you need to do after you have been injured in an auto wreck is seek medical care. If there are any questions about the damages, then you should hire an attorney to help you file your claim and make sure that your interests are protected.

What Defenses Do Insurance Companies Use To Avoid Paying Out On Personal Injury Claims?

In order to avoid paying out on personal injury claims, insurance companies will delay in processing claims. In order to do so, they will sometimes say that they cannot contact their own policy holder. Insurance companies will also use anything that you say to them against you and assert comparative negligence. For example, if you were involved in a pedestrian accident, they might say that you did not look both ways before crossing the street, and then assign a percentage of comparative negligence to you. Oftentimes, they will behave very friendly and ensure you that they will take care of everything, and then fail to follow through with that they told you.

What If I Feel Pain Or Other Physical Problems Several Days Or Weeks After An Accident?

A delay in treatment can cause problems in a personal injury claim, so it is always best to get checked out by a medical professional as soon as possible. Due to the adrenaline of having been in an accident, you might not realize that you are injured until the next day. However, this usually won’t be an issue as long as you look for a medical professional as soon as you are hurt.

How Long Does It Take To Actually Receive Funds After A Personal Injury Settlement Is Reached?

Depending on the insurance company, you should expect to get a disbursement of the funds from a personal injury settlement about 10 working days after signing the release.

For more information on Auto Injury Claims In The State Of Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

Can My Family Member Come To The US To Live While The Visa Petition Is Pending?

Fri, 20 Mar 2020 22:41:39 GMT

Under certain circumstances yes for example U.S. Citizen file I-130 for the child to apply for nonimmigrant K-4 visa, this will entitle him or her to come to the U.S. to live and work to go to school while visa petition is pending. However, on Non-Immigrant Visas such as K-1 visa would have to wait outside.

What Are The Most Common Reasons A Family-Based Visa Is Denied?

Fraud, grounds of inadmissibility, lack of sponsorship.

Who Qualifies To Submit A Provisional Waiver In The United States?

To be eligible for a provisional unlawful presence waiver, you must meet ALL of the following conditions:

Be physically present in the United States to file your application and provide biometrics.
Be 17 years of age or older.
Be in the process of obtaining your immigrant visa and have an immigrant visa case pending with the Department of State (DOS) because you:
Are the principal beneficiary of an approved Form I-130, Petition for Alien Relative; an approved Form I-140, Petition for Alien Worker; or an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant who has paid the immigrant visa processing fee;
Have been selected by DOS to participate in the Diversity Visa (DV) Program (that is, you are a DV Program selectee);
Are the spouse or child of a principal beneficiary of an approved immigrant visa petition who has paid the immigrant visa processing fee to DOS; or
Are the spouse or child of a DV Program selectee (that is, you are a DV Program derivative)
Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen or Legal Permanent Resident spouse or parent.
Believe you are or will be inadmissible only because of a period of unlawful presence in the United States that was:
More than 180 days, but less than 1 year, during a single stay (INA section 212(a)(9)(B)(i)(I)); or
1 year or more during a single stay (INA section 212(a)(9)(B)(i)(II)).
Meet all other requirements for the provisional unlawful presence waiver, as detailed in 8 CFR 212.7(e) and the Form I-601A and its instructions.
You are not eligible for a provisional unlawful presence waiver if any of the following conditions apply to you:
You do not meet all of the conditions listed under the eligibility mentioned above.
You are in removal proceedings that have not been administratively closed.
At the time of filing, you are in removal proceedings that have been administratively closed but have been placed back on the Executive Office for Immigration Review (EOIR) calendar to continue your removal proceedings.
You have a final order of removal, exclusion, or deportation (including an in-absentia order of removal under INA 240(b)(5)). If you have a final order of removal, exclusion, or deportation, you can only seek a provisional unlawful presence waiver if you have applied for, and we have already approved Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal at the time you file the Form I-601A.
You do not meet one or more of the requirements outlined in the Form I-601A and its instructions.

What Grounds Of Inadmissibility Does The Waiver Apply To?

I-601A Unlawful Presence

I-601 Waiver:

INA section 212(a)(1) Health-related grounds of inadmissibility;
INA section 212(g)(1) Health-related grounds of inadmissibility due to a communicable disease of public health significance defined in 42 CFR 34.2(b) including Class A tuberculosis, chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, syphilis (infectious), leprosy (infectious), etc.;
INA section 212(g)(2)(C) LPR applicants seeking an exemption of a vaccination requirement based on religious beliefs or moral convictions;
INA section 212(g)(3) Physical or mental disorder associated with harmful behavior that poses, has posed, or will pose a threat to your safety, property, or welfare and that of others;
INA section 212(2)(2) Certain criminal grounds of inadmissibility;
INA section 212(a)(6)(c) Immigration fraud and misrepresentation;
INA section 212(a)(3) Immigrant membership in a totalitarian party;
INA section 212(a)(6)(E) Alien smugglers;
INA section 212(a)(6)(F) Aliens subject to a civil penalty;
INA section 212(a)(9)(B) Aliens subject to the 3-year or 10-year bar due to unlawful presence in the United States;

What If A Person Is Already Outside The US Or Is Scheduled For An Immigrant Visa Interview Outside The US?

The individual would attend the immigrant visa interview at their respective U.S. Consulate/Embassy and Consular Officer would hand him or her instructions on what waiver he or she needs to seek and which grounds of inadmissibility he or she needs waived.

What If A Person Is Currently In Removal Proceedings Or Is Subject To A Final Order Of Removal?

You have a final order of removal, exclusion, or deportation (including an in-absentia order of removal under INA 240(b)(5)). If you have a final order of removal, exclusion, or deportation, you can only seek a provisional unlawful presence waiver if you have applied for, and we have already approved Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal at the time you file the Form I-601A.

If A Person’s I601A Waiver Is Denied, Is It Possible To Appeal?

USCIS provides no appeals process for denials of applications for a provisional unlawful presence waiver. Similarly, the agency will not accept a request to reopen a case or a request that it reconsider its decision. Therefore, it is crucial that you submit a complete application the first time around. applicants may resubmit a new waiver application showing new or additional evidence.

For more information on Living In US With A Pending Visa Petition, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

Who Is Eligible To Receive A Family-Based Green Card Or Visa To The United States?

Fri, 20 Mar 2020 22:35:15 GMT

Definition

Child : an unmarried person under 21 years of age

For immigration purposes, a child can be any of the following:

A genetic child born in wedlock
A genetic child born out of wedlock:
If the mother is petitioning, no legitimation is required.
If the father is petitioning, legitimation is required in accordance with the laws of the father or child’s place of residence.
If the father is petitioning and the relationship is not legitimated under applicable laws, a bona fide parent-child relationship must be shown to have existed prior to the child’s 21st birthday and while the child was unmarried.
A child born through Assisted Reproductive Technology (ART) to a non-genetic gestational mother who is recognized under the law of the relevant jurisdiction as the child’s legal parent at the time of the child’s birth.
A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18
An adopted child if the child was adopted before age 16 (or before their 18th birthday, if certain circumstances described on the Adoption-Based Family Petition Process or Adoption-Based Form I-130 Processpage apply), AND the adoptive parent has satisfied 2-year legal custody and joint residence requirements. (The legal custody and joint residence do not have to be during the same time period, but each must be met for a cumulative 2-year period.) NOTE: Most adoption-based immigration occurs through the orphan or Hague If you are considering pursuing the Adoption-Based Form I-130 Process, you should review certain eligibility considerations. See the Adoption pages for more information.

Son or Daughter : a person who is married or is 21 years of age or older

Parent : include biological/step-parent. See INA §101(b)(2)

If you are a U.S. Citizen, you can petition for the following individuals:

Immediate Relatives

Spouse of US Citizen
Unmarried child under 21 years of age of a U.S. Citizen or
Parent of a US Citizen (if US Citizen is 21 years of age or older)

Preference Category

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

If you have a Green Card, you can petition for the following individuals:

Preference Category

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

(F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
(F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

What Constitutes “Family” When Applying For A Family-Based Visa?

Parent
Spouse
Children
US Citizen Sibling

I Am A US Citizen And I Have Been Told That My Spouse Who Is Undocumented Will Have To Leave The US To Obtain A Green Card. Why?

Your spouse did not make a legal entry into US meaning admitted or paroled and therefore needs to consular process do interview at US Consulate/Embassy in their home country they are inadmissible for purposes of green card so need to also seek waiver. Only individuals who made legal entry into U.S. can Adjust Status and get green card in United States.

Can My US Citizen Son Or Daughter Petition For Me?

Yes, if they are 21 years of age or older.

My Priority Date Was Current Last Month, But Not This Month. What Happened?

Internal matter with USCIS; shorter staff; supply and demand, the more people start the application process to immigrate to the US, the longer the waiting list gets but sometimes, so many people apply after a certain Priority Date is published that the State Department gets overwhelmed, and needs to put on the brakes. It does this by moving the Priority Date in that particular visa category backward; retrogression.

My US Citizen Sibling Petitioned For Me Many Years Ago And A Visa Is Now Available For Me. Can My Spouse And Children Apply For A Green Card With Me?

As a U.S. citizen, over age 21 and residing in the U.S. you may file an I-130 petition to bring your brothers and sisters to the United States for permanent residence. Once your petition for your sibling is approved, they can bring a spouse and any unmarried children under age 21.

If you were married and/or had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa. Your spouse and/or children may be eligible for following-to-join benefits if:

The relationship existed at the time you became a permanent resident and still exists, AND
You received an immigrant visa or adjusted status in a preference category

I Was A Legal Permanent Resident When I Filed An I-130 Family Petition For A Family Member, But Now I Am A US Citizen, What Should I Do?

If you filed a petition for your spouse when you were a lawful permanent resident (LPR), and you are now a U.S. citizen, you must upgrade the petition from family second preference (F2) to immediate relative (IR). You can do this by sending proof of your U.S. citizenship to the National Visa Center (NVC). You should send: A copy of the biodata page of your U.S. passport; or A copy of your certificate of naturalization.

For more information on Eligibility For Family-Based Green Card/Visa, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

What Has Been The Effect Of COVID-19 On Immigration Processing Inside The United States?

Fri, 20 Mar 2020 22:33:29 GMT

As of April 24, 2020, USCIS suspended all in-person services at its offices through at least June 4, 2020. As a result, interviews for all immigration benefit applications and asylum applications are postponed and will be rescheduled when normal operations resume. USCIS also “temporarily suspended” all biometrics appointments, meaning that new fingerprints cannot be taken. The agency suspended naturalization oath ceremonies, although a very limited number of small ceremonies have taken place in some jurisdictions. This has unnecessarily delayed the ability of tens of thousands of immigrants to become U.S. citizens. The agency has also made a number of technical changes to the H-2A and H-2B processes which make it easier for noncitizens who are working to keep the nation’s food supply stable to remain in the United States for the duration of the national emergency.

However, the agency has resisted calls to grant automatic status extensions or otherwise make changes which would prevent foreign nationals from inadvertently losing status during the current national emergency declared by the president on March 13, 2020.

What Impact Has COVID-19 Had On Immigration Enforcement And Detention Inside The United States?

Every day, ICE Enforcement and Removal Operations officers detain noncitizens across the United States for alleged violations of immigration law. Individuals in ICE custody include undocumented immigrants and people with lawful immigration status such as visitors, international students, temporary workers, or LPRs. People detained by ICE are held in a network of detention centers around the country which includes private facilities operated for profit, state and local jails, and dedicated ICE facilities. Some of these facilities are also used to detain people arrested at the border by CBP, including thousands of people seeking asylum.

The Effect of the Coronavirus on ICE Enforcement Practices

In response to the coronavirus pandemic, ICE has been forced to limit its enforcement actions throughout the United States. While the agency did not fully suspend arrests, it promised to “temporarily adjust its enforcement posture” beginning on March 18, 2020, by “focus[ing] enforcement on public safety risks and individuals subject to mandatory detention based on criminal grounds.

The effect of ICE’s limited enforcement became quickly apparent, with the agency sending fewer people to ICE detention centers in the weeks after the change in policy (see Figure 5). In the week ending on March 14, 2020 ICE arrests led to 2,751 people sent to detention. That dropped to 1,608 by the end of March and dropped further still throughout April.

ICE Interior Apprehensions resulting in Detention by Week, FY 2020

Source: Immigration and Customs Enforcement, “Detention Management: Detention Statistics,” https://www.ice.gov/detention-management . Prior weekly data on file with authors.

ICE also made changes to its policy of requiring some immigrants released from detention and placed on an “order of supervision” to check in with the agency periodically. All in-person check-in appointments were suspended, as were home visits. In the interim, ICE required some individuals to check in by phone instead, or through apps and other technological solutions.

The Effect Of Coronavirus On Deportations

Despite a drop in immigration enforcement inside the United States, ICE has continued to deport people to countries around the world, even though this threatens to further spread the coronavirus. Initially, ICE indicated that it was conducting temperature checks for all individuals prior to boarding removal flights, sending anyone to a hospital whose temperature was 100.4 degrees or above. This was later reduced to 99 degrees. On April 23, 2020, ICE announced that it would begin coronavirus testing some individuals prior to deportation.

In mid-April, dozens of people deported to Guatemala—all of whom spent time in ICE detention centers—tested positive for the coronavirus. Guatemala responded by suspending deportation flights temporarily. In response to Guatemala and other countries threatening or suspending deportation flights due to the pandemic, the White House issued a memorandum on April 10, 2020, that threatened visa sanctions on any country that refused to accept ICE deportation flights. The memorandum declares that any government which “denies or unreasonably delays the acceptance” of deportation flights from the United States will be targeted with visa sanctions under Immigration and Nationality Act section 243(d).

Despite this memorandum, Guatemala has not been sanctioned for temporarily halting some deportation flights. However, the spread of the virus inside Guatemala has been directly attributed to ICE deportation flights. By the end of April, 20 percent of the country’s positive cases were from ICE deportation flights. In May, Guatemala resumed deportation flights, after ICE promised to test all individuals deported to that country and certify that they were not positive for the virus. On May 15, after multiple individuals certified by ICE as not having COVID-19 tested positive after being deported to Guatemala, deportation flights were suspended again.

For more information on Effect Of COVID-19 On Immigration Processing, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

What Has Been The Impact Of COVID-19 On Noncitizens And Across The US Immigration System?

Fri, 20 Mar 2020 22:26:04 GMT

The COVID-19 (the novel coronavirus) pandemic, and the federal government’s response, has disrupted virtually every aspect of the U.S. immigration system. Visa processing overseas by the Department of State, as well as the processing of some immigration benefits within the country by U.S. Citizenship and Immigration Services (USCIS), have come to a near standstill. Entry into the United States along the Mexican and Canadian borders, including by asylum seekers, has been severely restricted. Immigration enforcement actions in the interior of the country have been curtailed, although they have not stopped entirely. Tens of thousands of people remain in immigration detention despite the high risk of COVID-19 transmission in crowded jails, prisons, and detention centers that U.S. Immigration and Customs Enforcement (ICE) uses to hold noncitizens.

The pandemic led to the suspension of almost all immigration court hearings and limited the functioning of those few courts which remain open.

What Has Been The Impact Of COVID-19 On Immigrants And Nonimmigrants Abroad?

The COVID-19 pandemic profoundly impacted the ability of foreign nationals to travel to the United States in any status. Beginning in February 2020, the Trump administration has imposed four separate travel restrictions on individuals who had been present in certain countries where COVID-19 epidemics were occurring. As the pandemic spread, on March 20, 2020, the Department of State suspended “routine visa services” at all embassies and consulates worldwide, including canceling all “immigrant and nonimmigrant visa appointments.” This suspension encompasses applicants for both employment-based and family-based immigrant visas, including the relatives of U.S. citizens and lawful permanent residents (LPRs), as well as applicants for nonimmigrant visas for visitors, students, and skilled workers. However, the State Department has continued to process all H-2 visa cases, which includes temporary agricultural workers, and allows for emergency visa appointments.

The pandemic has also led to new barriers on legal immigration. The Trump administration implemented a proclamation, effective April 24, 2020, that suspends the entry of certain immigrants, with the stated purpose of preserving employment opportunities for U.S. citizens affected by the economic impact of the pandemic.

What Has Been The Effect Of COVID-19 On Immigration Processing At US Land Borders?

On March 20, 2020, the United States reached joint agreements with the governments of Canada and Mexico to suspend “non-essential” travel through ports of entry on each border. On the same day, the Department of Health and Human Services (HHS) issued an emergency regulation which permits the Director of the Centers for Disease Control (CDC) to “prohibit … the introduction” of individuals when the Director believes that “there is serious danger of the introduction of [a communicable] disease into the United States.” Citing the new CDC authority, the Border Patrol began “expelling” individuals who arrive at the U.S.-Mexico border, without giving them the opportunity to seek asylum. Over 20,000 people have since been “expelled” at the southern border.

What Happens To An Immigrant Who Has A Visa That Is Expiring Or Has Expired During The Pandemic? Will He Or She Be Deported?

If your visa is going to expire but has not yet expired you can do the following:

Under normal circumstances, foreign nationals visiting the United States of America must leave the country before their visa or ESTA expires .

US visas grant a maximum stay of between 1 and 6 months , while the ESTA allows travelers on the visa waiver program to visit visa-free for up to 90 days .

However, due to the COVID-19 pandemic, the US government recognizes the fact that visitors from overseas may be unexpectedly forced to remain on American soil due to canceled flights or other factors.

Nonimmigrant foreign nationals are advised to apply for an extension of stay (EOS) or change of status (COS) in advance of the expiration date of their US visa. This can be done by contacting U.S. Citizenship and Immigration Services (USCIS). Many of the required forms can be completed online.

If an application for an EOS or COS has been filed before the expiration date but is still pending when the visa or ESTA expires, this is not usually regarded as unlawful presence in the US for the foreign national.

If the EOS or COS request is filed late due to extraordinary circumstances beyond the applicant’s control, such as cancellation of flights due to COVID-19, USCIS will make allowances at their own discretion.

For foreign nationals in the visa waiver program, the situation is similar. However, if emergencies prevent the visitor from leaving on time, USCIS may allow them a further 30 days . Travelers in this situation should call the USCIS Contact Center.

If your visa has expired you will accumulate unlawful presence. You should still seek extension of status or change of status if you could prior to 180 days of unlawful presence.

I Was In The US On A Visa When The Borders Were Closed Due To COVID-19. My Visa Since Expired. Is This Considered An Illegal Overstay On My Visa?

Yes

Will This Cause Immigration Issues For Me In The Future?

Possibly. If you have accumulated more than 180 days but less than one year of unlawful presence, you risk triggering the 3-year bar when you depart the United States. If you accumulated more than one year of unlawful presence, you risk triggering the 10-year bar when you depart the United States

For more information on Impact Of COVID-19 On Noncitizens In The US, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

Does The Presidential Proclamation Still Apply? Who Is Exempt From It?

Fri, 20 Mar 2020 22:22:57 GMT

Presidential Proclamation 10052 issued June 22, 2020

On June 22, 2020, the President issued Proclamation 10052 titled Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak. Effective June 24, 2020, the proclamation suspends “entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas” until December 31, 2020, subject to section 3 of the proclamation:

“an H-1B or H-2B visa, and any alien accompanying or following to join such alien;”
“a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien;”
“an L visa, and any alien accompanying or following to join such alien”

Section 3(a) states, however, that the suspension will only be applied to individuals who:

“(i) is outside the United States on the effective date of this proclamation;

(ii) does not have a nonimmigrant visa, of any of the classifications specified in section 2 of this proclamation and pursuant to which the alien is seeking entry, that is valid on the effective date of this proclamation; and

(iii) does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.”

The June 29, 2020 amendment clarified that the exception at Section 3(a)(ii) of Proclamation 10052 applies only to individuals with a valid H, J, or L visa who seek admission to the United States in one of those categories. For example, an individual outside the United States wishing to enter the United States in H-1B status who had valid B-2 visa but not a valid H-1B visa would be subject to the proclamation and would not be eligible for an H-1B visa. The proclamation also extends until the end of the year the April 22, 2020 proclamation suspending entry of certain immigrants.

Presidential Proclamation 10014 issued April 22, 2020

Immigrant Visa Proclamation . Proclamation 10014 of April 22, 2020, published at 85 FR 23441, titled Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak. This proclamation suspends entry of certain new immigrants who do not already have an approved immigrant visa.

The proclamation does not currently impact applicants for adjustment of status or nonimmigrants such as students, H-1B workers, visitors for business or pleasure, etc. Section 6 of the proclamation, however, calls upon DOL, DOS, and DHS to within 30 days of April 22 “review nonimmigrant programs and… recommend… other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.”

The initial effective period was 60 days starting 11:59 p.m. eastern daylight time on April 23, 2020. This was extended to December 31, 2020, by the Proclamation 10052 of June 22, 2020.

Does The Order Apply To All Pending Green Card Applications?

No. Only the following family-based visa categories of pending green card applications are affected. This answer does not address how Employment-based visa categories are affected.

Family-Based Visa Categories Affected

The initial April 22 proclamation temporarily suspended entry for many prospective immigrants applying for family-based green cards from abroad. The June 22 proclamation extends these restrictions until December 31, 2020, and includes additional suspensions for certain family-based nonimmigrant programs.

The June 22 extension and expansion applies to individuals seeking to enter the U.S. from another country through the following immigrant and nonimmigrant family visa programs:

Family-Based Permanent Immigrant Visas

IR-5 visas for the parents of U.S. citizens
F1 visas for the unmarried adult children of U.S. citizens
F2 visas for the spouses and unmarried children of U.S. lawful permanent residents (green cardholders).
F3 visas for married sons or daughters of U.S. citizens.
F4 visas for adult siblings of U.S. citizens.

Family-Based Temporary Nonimmigrant Visas

H-4 visas for spouses and minor children of H-1B and H-2B workers.
J-2 visas for spouses and minor children of J-1 workers and trainees.
L-2 visas for spouses and minor children of L-1 intracompany transferees.

Are Spouses Of US Citizens Affected?

No. They are exempt from the Presidential Proclamation’s ban.

When Does The Order End?

For now, it is set to end December 31, 2020

For more information on Presidential Proclamation On Immigration, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

Should I Wait To Apply For A Family Based Immigration Visa Until After The US 2020 Election?

Fri, 20 Mar 2020 22:20:40 GMT

No, you should still apply for a family-based immigration visa for the following reasons. First, the Trump administration plans to increase filing fees at a staggering rate effective October 2, 2020. Applying now avoids that fee increase and enables your case to be in process and not fall in the back of the line.

When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas:

Now.

According to the Department of State’s August Visa Bulletin , the following cutoff dates will apply for the issuance of an immigrant visa for family-sponsored categories:

For Family-Sponsored Filings:

In the F2A category, there is a cutoff date on the Dates for Filing chart. However, the category is “current” on the Final Action Dates chart. This means that applicants in the F2A category may file using the Final Action Dates chart for August 2020 .

For all the other family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for August 2020 .

Are There A Limited Number Of Family Based Visas Issued In The US Each Year?

Yes, there are a limited number of family-based visas issued in the U.S. each year if you do not fit the definition of an immediate relative of a U.S. Citizen and you fall under one of the four preference category. See Below.

If you are a US Citizen, you can petition for the following individuals:

Immediate Relatives (NO VISA LIMITS)

Spouse of US Citizen
Unmarried child under 21 years of age of a U.S. Citizen or
Parent of a US Citizen (if US Citizen is 21 years of age or older)

Preference Category

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400 , plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens : 65,000, plus any numbers not required by first three preferences.

If you have a Green Card, you can petition for the following individuals:

Preference Category

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200 , plus the number (if any) by which the worldwide family preference level exceeds 226,000 , plus any unused first preference numbers:

(F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
(F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Definition

Child : an unmarried person under 21 years of age

For immigration purposes, a child can be any of the following:

A genetic child born in wedlock
A genetic child born out of wedlock:
If the mother is petitioning, no legitimation is required.
If the father is petitioning, legitimation is required in accordance with the laws of the father or child’s place of residence.
If the father is petitioning and the relationship is not legitimated under applicable laws, a bona fide parent-child relationship must be shown to have existed prior to the child’s 21st birthday and while the child was unmarried.
A child born through Assisted Reproductive Technology (ART) to a non-genetic gestational mother who is recognized under the law of the relevant jurisdiction as the child’s legal parent at the time of the child’s birth.
A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18
An adopted child if the child was adopted before age 16 (or before their 18th birthday, if certain circumstances described on the Adoption-Based Family Petition Process or Adoption-Based Form I-130 Process page apply), AND the adoptive parent has satisfied 2-year legal custody and joint residence requirements. (The legal custody and joint residence do not have to be during the same time period, but each must be met for a cumulative 2-year period.) NOTE: Most adoption-based immigration occurs through the orphan or Hague If you are considering pursuing the Adoption-Based Form I-130 Process, you should review certain eligibility considerations. See the Adoption pages for more information.

Son or Daughter : a person who is married or is 21 years of age or older

Parent : include biological/step-parent. See INA §101(b)(2)

For more information on Applying For Family Based Immigration Visa, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

What Are The Different Paths To Obtaining A Family Green Card? Which Path Is Right For Our Family?

Fri, 20 Mar 2020 22:19:22 GMT

In the family green card process, there are two paths by which an individual can obtain a green card. They can do consulate processing or adjustment of status. There are advantages and disadvantages to either process. Consulate processing is generally for individuals whose relatives are outside of the United States and who are trying to come into the US.

Adjustment of status is for relatives seeking green cards that are already in the United States. In order to be eligible for the adjustment of status, the relative seeking a green card must have entered the US legally. If they came to the US on some type of visa, that is considered a legal entry, so they can do an adjustment of status. But, if they came to the US illegally, even though they’re in the United States, they would have to do the consulate processing approach in order to get their green card. They’ll have to go back to their country and do the interview abroad in their home country.

As mentioned, there are some advantages and disadvantages. With adjustment of status, the interview is in the United States. When the interview is scheduled at USCIS, you can have an attorney present with you at the interview. If there are any issues in the application, be it the request for additional evidence or an intent from the officer denying your adjustment of status case, your attorney can directly get in touch with the USCIS and sort out that matter.

However, if you’re doing consular processing, which is at the US consulate in your relative’s home country, then unfortunately, when you are scheduled for an interview, an attorney is not permitted in the interview room with the beneficiary. That’s a disadvantage. If there is any kind of denial, an intent to deny, or they are requesting additional documentation, you’re handling it over the National Visa Center’s website. If there is a denial, a lot of the times, it’s very hard to appeal a denial from a US Consular officer. Usually, there has to be some type of erroneous or egregious error on the part of the consular officer in order for you to even have a chance to appeal an application that has been denied.

What Can We Do If Our Family-Based Green Card Application Was Denied?

When there is a denial in your petition, you will receive a letter from the USCIS if you’re doing an adjustment of status, or from the US Consulate if you’re doing consular processing. It’s important to review the notice to find out the reason why your case was denied in the first place. There are several reasons why it could be denied. One reason could be that you haven’t met all of the eligibility requirements to proceed with the green card. In that case, you can’t really appeal that matter because it’s a matter of waiting until you meet all of those eligibility requirements. If you are denied because you’ve been determined to be inadmissible, then you have to determine if there is a waiver you are eligible for.

If it’s a situation in which there is a chance to fix the issue of the denial, the officer will indicate that in the notice. For example, if it’s denied because you need a waiver, the officer will identify in the letter what waiver it is that you need and the steps you need to take in order to apply for that waiver. If you get denied because of a criminal history, then you’ll need to consult with an immigration attorney on how to best handle that circumstance. You may be able to request the waiver for some types of criminal offenses. However, other types of criminal offenses won’t permit you to be eligible for the waiver. The bottom-line is that it’s important to review that notice when you get a denial and identify the reason why the application was denied. That will determine which steps are appropriate to take.

For more information on Family Immigration, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

Can A Foreign Spouse Complete The Permanent Residence Based On Marriage Process Without An Attorney?

Fri, 20 Mar 2020 22:18:19 GMT

You can file the permanent residence bases on marriage on your own without an attorney. However, we strongly advise against doing so because there are a lot of changes happening with the immigration process. A lot of policies change on a monthly, if not weekly basis. So, it’s always good to have an attorney to handle your case. That way, it is the attorney who is staying up-to-date with the changes in the law and policies, and they can advise you on how to best handle your case with those changes. I do understand that it can be costly to have an attorney on top of the filing fees that you have to pay, but if you think in the long-term, it’s a lot better to do the process correctly from the start with an attorney. If you do it on your own, you run the risk of missing something or not filling out a form correctly, which can create more issues. Then, you’ll have to get an attorney at that point to handle the problems that arise from those unintended errors. Therefore, it’s best to have an attorney handle your process. But legally speaking, you do not need an attorney to complete the permanent residence application.

Does The Petitioner Have To Actually Be Married To File The Marriage Petition, Or Can That Be Done Ahead Of Time?

In regard to a marriage petition, you are required to be married before you file for the marriage petition. If you’re not married, and your spouse is living abroad, there is an option to file for the K-1 Fiancé Visa to bring your spouse to the United States, and then get married. But, in terms of the marriage petition, you do have to get legally married before you file that petition.

How Long Does It Generally Take To Process A Green Card Through Marriage?

Generally, the processing time fluctuates on a monthly basis. Prior to COVID-19, it depended on the service center in which the application was transferred to and processed. For the most part, in recent years, on a green card application, it took between 8 to 12 months from the time you submit your application to the time you are scheduled for an interview at the USCIS office. But now, because of COVID-19, a lot of things are kind of up in the air. We’ve seen processing times take between 12 to 18 months.

I Am A US Citizen And Have Filed A Petition For My Spouse To Join Me In The United States. Can He Or She Come To The US While The Petition Is Pending?

Typically, the spouse will need to actually attend the interview at his or her US consulate from his or her respective home country and get the approval from the consular officer before they can be permitted to come to the United States. Now, there are some exceptions in certain types of situations, such as if you were here and were being sponsored. For instance, if your spouse was here through an employer, there are some visas that let you come to the US and adjust your status. But, if your spouse is already a US citizen, and they are filing a petition for you and you’re abroad, unfortunately, you would have to wait until you attend the interview and get the approval from the consular officer before you are permitted to come to the United States.

What Does The I-130 Petition For Alien Relative Do As Part Of The Family Green Card Process?

The I-130 petition for an alien relative is essentially the form that is used to establish the relationship between the petitioner trying to bring their relative to the US, or to help their relative adjust their status to get a green card. That’s the foundational form that you start when you do a family green card process. The I-130 is simply establishes the relationship between the petitioner and the beneficiary, who is the person seeking the immigration benefit, namely the green card. If the petitioner and the beneficiary are husband and wife, then the I-130 is there to establish that there is a marital relationship. If it’s a parent and child, then that would be the relationship that the petitioner would be trying to establish on a I-130 petition.

For more information on Family Immigration, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

My Parent Is A US Citizen And Is Filing For Permanent Residence For Me. I’m Married With Children. Does My Parent Have To File Separate Petitions For My Spouse And Children?

Fri, 20 Mar 2020 22:15:39 GMT

If your parent is a US citizen, and he or she is filing for permanent residence for you, your spouse, and your children, your parent does not need to file a separate petition for each. As a married son or daughter of a US citizen parent, you are considered what’s called an F3 preference category. Therefore, you do not need your parent to file separate petitions for your spouse or children.

How Do I Begin The Green Card Process For My Spouse Who Is Currently In The United States Under A Different Status?

First and foremost, the important thing to determine is how your spouse entered the US. If they entered legally on some type of a visa, then the first thing you need to do to begin the green card process is to file an I-130 petition form to establish the marital relationship to your spouse. If they did come to the US legally on some type of a visa, then in that I-130 petition, we would also file for their adjustment of status, which is the I-485 application.

If your spouse entered illegally, you will still have to file first the I-130 petition establishing marital relationship. However, you will not be dealing with the United States Citizenship and Immigration Services (USCIS), you will have to deal with the National Visa Center at the US Consulate in your spouse’s home country. The I-130 will be transferred to the National Visa Center rather than it being handled with the USCIS.

I Married My Spouse While My Petition Or Employment-Based Permanent Residency Was Pending. Do I Have To File A Petition Before My Spouse Can Come To The United States To Join Me?

If you married your spouse while your petition or employment-bases permanent residency was pending, and your spouse is already residing in the United States, in that instance, then he or she will have to file for a change of status before applying for the I-485 adjustment of status. However, if your spouse is residing abroad, then he or she will have to file the form I-824, which is the Application for Action on Approved Application or Petition along with or after filing for your adjustment of status petition.

Is It Possible To Directly Petition For One’s Grandparents, Aunts, Uncles, Nieces, Nephews, Or Other Extended Relationships Through The Family-Based Immigration System?

It is not possible to directly petition for grandparents, aunts, uncles, nieces, or nephews through the family-based immigration system. Unfortunately, these extended family members are not considered immediate relatives, or they do not fall under the preference categories for a direct petition.

I Am A US Citizen Living Outside The United States With My Foreign National Spouse. How Do I Apply For My Spouse’s Green Card?

If you have been living outside of the United States for some time, unfortunately, you cannot file a petition for your spouse. One of the requirements to be a sponsoring petitioner for your spouse’s green card is that you have to have residency and an established domicile here in the United States.

However, if you’re living abroad because it’s a work-related matter, and you’re on some type of a contract, then that would be the exception to the rule. As long as you can still provide evidence that you have a domicile here in the US, such as a home, you’re filing taxes in the United States, and/or you’re registered to vote, the US will enable you to still file a petition for your spouse, even if you’re living outside of the US. But, you have to establish that you still have ties to the United States, and that at the end of the day, your primary residence is the US.

I’m In The US And My Foreign National Spouse Is Outside Of The United States, How Do We Apply For His Or Her Permanent Residence?

With any family-based petition, the first thing you need to do is file the I-130 petition. That way, you can establish that the marital relationship between the two of you is a bona fide relationship. If your spouse is abroad, you will not deal with the USCIS. You will have to deal with the National Visa Center. Once the I-130 gets approved at the USCIS office, it will be transferred to the National Visa Center. The National Visa Center will send you, and whoever your legal representative is, with instructions on additional documents that need to be submitted with the National Visa Center. Then, once those documents are submitted, the appropriate filing fees are paid. The National Visa Center will then schedule an interview for your spouse at the US Consulate or embassy of their respective home country.

After attending the interview, and once your spouse passes their interview, they will receive a stamp on their unexpired passport. They’ll have 60 days or so to come to the US. Upon their entry into the United States, in about two to four weeks, they should receive their green card in the mail at the US address you designated. Typically, it will be sent to where you would be living upon your arrival in the United States.

For more information on Family Immigration, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

What Types Of Immigration Cases Does Your Firm Handle In Texas?

Fri, 20 Mar 2020 22:14:28 GMT

There are two types of immigration cases: family-based and employment-based. Our firm handles family-based immigration cases. This means that we can help you sponsor your children, mother, father, brothers, and sisters. We can also help you sponsor your wife, husband, or fiancé.

What Factors Are Considered By The US Citizenship And Immigration Service In Granting An Individual Immigration Status?

When deciding whether or not to grant immigration status to someone, the US Citizenship and Immigration Service will consider who they are related to and in what way they are related. When immigration is looking at naturalization, they will look at whether or not the individual is of good character.

What Is The Difference Between Getting An Approved Visa, Obtaining A Green Card, And Becoming A US Citizen?

The difference between a visa and a green card is that the former will allow you to stay in the US for a certain period of time, while the latter will allow you to stay in the US for as long as you want, granted that you do not get removed for doing something wrong. Being a US citizen will confer certain rights, such as the ability to stay in the US forever, as well as move where you please.

What Is The First Step You Need To Take To Begin The Immigration Process To The United States?

If you are interested in starting the immigration process, you and your sponsor should consult with an immigration attorney. It will be very helpful if you start gathering your biographical information, and information pertaining to your sponsor, such as where they have lived for the past five years. You will also need to obtain and bring with you to the consultation copies of your birth certificate.

How Long Should I Expect To Wait For An Answer As To Whether Or Not I Have Been Approved?

The amount of time that you will have to wait in order to find out if you’ve been approved will depend upon what you applied for. Until this past year when green card holders could become US citizens, the process took anywhere from six to eight months. Now, the wait can be anywhere from eight to 14 months. The processing time takes a little bit longer now, but there is a way that we can check the approximate wait for each type of case by figuring out the receipt date, which is the date you applied.

If My Petition Has Been Approved, What Is The Next Step?

Once your petition is approved, you will go to an interview at the immigration office or at the counselor level. Once you pass the interview, you will either receive your visa, a relevant card, a notice of approval of citizenship, or a green card.

Can Someone Apply For Immigration Status For His Or Her Family As Well?

Two of the major factors considered when applying for immigration status for family members are age and medical status. You would also have to determine whether the family members would qualify under a derivative application, or if a separate application would be needed.

Why Do I Need An Experienced Immigration Attorney To Help Me With My Case?

Immigration attorneys want more than a bunch of forms; they want to understand your backstory. Given our experience both with clients and with immigration, we will be able to tell your story and ensure that your application has the highest possible chance of approval.

For more information on Immigration Cases In The State Of Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

Lawyer For I-601 Waiver In Texas

Fri, 20 Mar 2020 22:10:49 GMT

The I-601 waiver is an application to waive various grounds of inadmissibility that makes a person not admissible to the United States. Grounds of inadmissibility are found under Immigration Nationality Act Section 212(a)(2).

Who Is Eligible For A 601 Waiver In Texas?

In order to qualify, you must have at least one qualifying relative through which you are making your claim for the waiver. K visa applicants are exempted from this requirement. In lieu of a qualifying relative, the K-Visa applicant must only demonstrate that the petitioner is an American citizen. For all other applicants, qualifying relatives may include a U.S. Citizen or Lawful Permanent Resident (LPR) spouse, parent, or child.

Why Would A I 601 Waiver Get Denied In Texas?

Officer adjudicating the case does not believe that applicant has met standard of proving extreme hardship that the qualifying relative would suffer, meaning hardship that is greater than what the qualifying relative would experience under normal circumstances if the applicant was not allowed to come to or stay in the United States.

What Do I Do If I 601 Waiver Is Denied In Texas?

If your Form I-601 waiver application is denied, you will receive a denial notice at the address you provided on your Form I-601 application. You may appeal the decision within 30 days by filing Form I-290B, Notice of Appeal or Motion. The denial notice will provide instructions for submitting Form I-290B.

What Is The Difference Between I 601 And I 601a In Texas?

The difference between an I-601 and an I-601A waiver is that the I-601A only deals with the ground of inadmissibility relating to unlawful presence while an I-601 also addresses other grounds of inadmissibility including fraud and misrepresentation.

Can Someone Come Back To The US After Being Deported In Texas?

It depends on a person’s immigration history and the reason for why they were deported. Individuals who were deported and that are now inadmissible may be eligible for a waiver depending on which grounds of inadmissibility to which they are subject.

What Happens After I 601 Is Approved In Texas?

Once the waiver is approved by USCIS, the applicant should receive a packet of information from the U.S. Embassy of his or her country of origin. The packet will instruct the applicant to set up a new interview appointment at the consulate. This packet will generally be sent via DHL the day the consulate receives the I-601 approval notice from USCIS. This is generally 2-3 days after the USCIS approval. If the applicant does not receive the packet within 30 days it is recommended to contact the consulate. Once the packet’s instructions are followed the applicant can schedule the consulate interview online. This process is not done through the National Visa Center, as it was when the applicant received her visa denial.

Depending on when the last interview was with the consulate, the applicant might need to submit updated documents. If the last interview was more than one year ago, the applicant will likely need to have a new medical exam done. In addition, it is likely the consulate will request new biometrics, an updated DS-260 and I-864 Affidavit of Support.

On the day of the interview, the applicant will bring all of the requested documents and her passport. The consulate will retain the passport after the visa is approved. A short time later, possibly as short as a week, the consulate will send via DHL the passport containing the visa and a sealed packet called the ‘Immigrant Visa Packet’. The visa is valid for entry into the U.S. for four months.

Upon entry into the U.S., the applicant will present the sealed Immigrant Visa Packet. The officer will stamp the visa and the stamp serves as a temporary green card (I-551) valid for one year. The actual green card should arrive sometime before the year is up. A social security number will be assigned automatically and a card arrives about three weeks after entry into the U.S

How Long Does The I 601 Waiver Take In Texas?

It can take anywhere between 12-18 months.

How Do I Expedite I 601 Waiver In Texas?

If you are sending your application to the USCIS Lockbox and believe you have urgent and compelling reasons, at the time of filing you may attach a written request to have your application expedited. If you have already submitted your application to the Lockbox, you can make an expedite request by either contacting the Nebraska Service Center directly by email or by contacting the USCIS Contact Center by phone.

If your application was filed at the USCIS Ciudad Juarez Field Office before December 5, 2012, you may make the request to expedite processing at the time that you file your Form I-601 application. If the application has already been submitted, you may send your request to the office by post office or email. If your application is pending with an international USCIS office, you may contact that office directly by post office or electronic mail.

Can I Apply for A US Waiver Myself In Texas?

You can apply for a waiver without an attorney but it is advised that you have an attorney assists you because the process is rather complicated and the type of evidence and arguments that need to be presented to be successful in getting a waiver approved is better suited for an attorney to handle.

For more information on I-601 Waiver Process For Immigration In US,, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

What Is Form I-290B Used For?

Fri, 20 Mar 2020 22:09:03 GMT

The Form I-290B is used to file an appeal with the administrative appeals office. The administrative appeals office is the part of USCIS which conducts administrative review of any USCIS officer’s decision regarding immigration benefits requested by applicants in order to promote consistency and accuracy in the interpretation of immigration law and immigration policy.

This can also be used as a motion to appeal the decision of the USCIS office that issued the latest decision on your case. This can include: the field office, the service center, the administrative appeals office, etc.

You may get a decision from USCIS that your case was denied. In this situation, you have the option to file an appeal requesting that the administrative appeals office will look at the decision.

There are many reasons why you may choose to appeal the decision of a USCIS office when denied. Some of these reasons may include:

You feel that the USCIS officer misinterpreted the law.
You believe that the denial was due to a mistake on the part of the USCIS office.
You were denied for not responding to the office in a timely manner, but you have evidence that you responded through tracking numbers, certified mail, etc.
You were denied for not including requested evidence, but you have proof that you did provide the USCIS with requested documents in a timely manner.

How Long Does An I-290B Appeal Take?

Once your filed appeal is received by USCIS, it takes (on average) 60 to 90 days to receive a response or decision. This 60 to 90-day period is an especially rough estimate due to complications from COVID-19. At the present moment, it is not uncommon for responses to take longer than normal because of staff shortages.

There are a great number of cases coming into USCIS offices and a great lack of individuals available to process those cases. So, while 60 to 90 days is the average response time, do expect it to take long due to the circumstances we’re under right now.

Could I Appeal A Green Card Application Denial Without An Immigration Attorney?

Any person is legally permitted to appeal a green card application without an immigration attorney. When USCIS issues a decision notice, they give an applicant instructions on how to file an appeal. However, immigration attorneys (who are expertly acquainted with cases of this nature and the laws that govern them) do advise against filing these appeals on your own.

Appealing on your own can be a dangerous decision, as you may run into the same issues that resulted in the denial of your initial application. You might fill out the form incorrectly, which could result in rejection or denial. Additionally, it can be difficult to distinguish where it is that you need to file your appeal. In many cases, the specific address and location to which the appeals need to be sent changes.

Among a host of other reasons, speaking with an immigration attorney about your appeal is the best way to ensure that you have everything properly secured, and that you will be able to receive the most accurate response from USCIS to your appeal.

What Happens After The I-290B Is Approved?

If a filed I-290B is approved, your case will pick up where it left off. In the case that you initiated an I-290B before a green card interview was scheduled for you and the I-290B was approved, you should expect to receive an interview notice soon.

Sometimes, when you are issued a decision notice that your green card application has been rejected, the work permit that you applied for and the travel permit that was approved before your interview can be suspended. In this case, when your I-290B is approved, your work permit and travel permit will be reinstated and become effective again.

Speaking to an immigration attorney can be helpful if you have questions about what your immigration status is, and what steps to take when filing and receiving notice in regards to your 1-290B.

What Happens If My I-290B Is Denied?

If an I-290B is denied, you are permitted to challenge the denial in federal district court. Under the law, an I-290B denial means that you have exhausted all administrative remedies. This means that you have gone through all the administrative channels within the USCIS in an attempt to have your case approved. Because you have no other means to have your case approved within the USCIS, you are able to challenge their decision in a federal district court.

While this may be a useful option for you, it is important to note that filing a challenge in federal district court is significantly more costly than any administrative appeals office.

For more information on Immigration Law, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

What Are The Most Common Complications Or Mistakes In The Immigration Application Process People Often Make That Can Hold Up Or Completely Derail The Green Card Process?

Fri, 20 Mar 2020 22:08:03 GMT

The most common complication in the application process is that of an honest mistake.

Many individuals decide to try to take care of their applications on their own, and in the course of their actions, they unintentionally cause problems by not filling out their immigrations forms completely or correctly.

If you fill out a form and there is something missing or incomplete, that alone could be a reason for the USCIS office to deny your application. The denial will be on the grounds that you did not send in all the information they required.

Another common mistake occurs when a person submits a family-based application, but does not provide the necessary type of evidence that is needed to establish a relationship. Generally, it is the case that it is not a matter of the quantity of evidence they have provided. Instead, these issues arise because the USCIS is looking for very particular kinds of evidence and documentation with a specific standard of quality.

Finally, if you are consulting with an attorney or you are looking to hire an attorney to take care of your case, there is a common issue that arises in the communication process.

Very often, the failure to fully disclose to your attorney your entire immigration history (or history with criminal matters) can greatly affect the outcome of your immigration case in a negative manner.

If the full scope of your situation is not disclosed during the initial consultation with your attorney, you can find yourself in a situation where it might be too late to address those issues. This situation can cause the case to head down a completely different path because that criminal history was not disclosed from the beginning.

It is of the utmost importance when speaking in an initial consultation to discuss all matters and history surrounding your case and unique circumstances. Aside from protecting yourself from winding up in a place of no return, full disclosure allows your attorney to use all available resources to the best your situation.

Is A Medical Exam Performed By A Government Approved Doctor Required For Admission As A Lawful Permanent Resident To The United States?

As part of your application for lawful permanent residency, you are required to submit a medical exam on the I-693 form. Unfortunately, you cannot go to any doctor you would like. On the USCIS website, there is a link called Find A Doctor. Once there, you will enter your address and it will give you a list of government-approved doctors. These doctors are certified to perform exactly these kinds of medical exams — for the purposes of an individual seeking lawful permanent residence here in the United States.

Is Anyone With The Criminal History Automatically Considered Inadmissible As It Relates To The Green Card Process?

A person with a criminal history is not considered automatically ineligible for a green card. Whether or not you will be approved with a criminal history depends on the type of offense that was committed and what the outcome of the criminal case was. This refers to whether or not you were confined to jail or were sentenced with a deferred probation of some kind. The way your criminal charge was penalized will affect the analysis of whether you are admissible or inadmissible.

Under the Immigration Nationality Act (INA) there are some exceptions to inadmissibility due to a criminal history. For example, if you have a single charge of possession of marijuana in an amount of less than 30 grams, you may still be admissible.

The exceptions in cases like this essentially stand to give people a chance to redeem themselves.

Another exception is for petty offenses. In this case, If you have faced a charge whereby the maximum penalty is one year in prison, but you are able to work out a plea deal with the prosecutor’s office and you are sentenced for less than six months, then you fall under the petty offense exception. In this case, you would not automatically be inadmissible because of the offense you’ve committed.

It is advisable you should consult with a lawyer if you have any type of a criminal case in your history. It is important to do this as your first step. Avoid going through this green card process without assuming the worst, because you may fall under some of these exceptions.

What Is Considered Lack Of Funds As It Relates To The Green Card Process?

The term “Lack of funds” is used in reference to your petitioner’s financial status. When you apply for a green card, you are required to have a sponsor on your case. Typically, the person who is petitioning for (or sponsoring) you is your spouse under penalties or a US citizen over the age of 21 who is petitioning for their parent.

Your sponsor will need to establish that they have the financial means to support you in the event that you cannot afford certain expenses. This is required with the intention that if, for example, you are in a medical emergency, you will not need to rely on government funding and will not become a public charge. These requirements act as a safeguard to the government that you will not become an expense to the greater society.

Income requirements (or asset requirements) differ depending on the size of your sponsor’s household, how many dependents they can claim on their tax return, and if they have any standing obligations as petitioners to other individuals they may have sponsored in the past.

For more information on Immigration Law, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

What Are Some Of The Updates By USCIS Or Immigration On COVID-19 Vaccine Requirements For The Medical Exam As It’s Part Of The Adjustment Of Status?

Fri, 20 Mar 2020 22:06:58 GMT

As of October 1st, 2021, the USCIS issued an addition onto the medical exam I-693 form. On that particular form, there is now a requirement that an individual receive their COVID-19 vaccine shot before they can proceed to their adjustment of status interview.

When you schedule a medical exam with a civil surgeon, you will need to make sure to bring your vaccine card as evidence of the fact that you have been vaccinated. On the I-693 form, there is an entire section which is now directed towards the COVID-19 vaccine requirement and the verification of a person’s vaccination status.

Could Simple, Law-Abiding, and Responsible People Still Find That They Might Be Considered Inadmissible To The United States Under The Green Card Process Or Is Admissibility Just Related To Serious Criminals Or Other Persuaded Threats To The US?

Outside of criminal history, there are many grounds of inadmissibility that an individual may find themselves in that would create an obstacle during the process of their adjustment of status for a green card.

According to the United States Code (found at section INA212(a)(ii)), there is a list of all of the current legal grounds for inadmissibility. These include all forms of inadmissibility, including those outside of criminal context. Some of those grounds of inadmissibility are as listed below:

Health-related Inadmissibility: As a part of your green card application, you will be required to go through a medical examination. If the medical exam shows that you have a health problem, it could impede your ability to receive a green card until the health concern has been resolved. These health issues may include things such as: drug addiction or abuse, or any kind of illness or disease that is a concern of public significance. Generally, these health problems are a concern of public significance when they are highly transmissible, such as cases of active tuberculosis.
Public Charge: A public charge is a person who, either by reason of insanity, disease, or disability, would become a ward of the public, or a charge to greater society. This is particularly the case for those who would need the assistance of social services such as: income maintenance, public cash assistance, or long-term, government-funded, institutional care.
Fraud Or Misrepresentation : Situations of fraud or misrepresentation may consist of something as minor as a misunderstanding in the course of the initial consular interview, or as extreme as intentional misrepresentation of the truth.For example, if a person in their initial interview with the consulate office misunderstood the question that was asked of them, it may appear that they were attempting to mislead or be evasive. If, later on, they are attempting to acquire a green card through an adjustment of status, it may be possible for the USCIS to review that initial interview and interpret that misunderstanding as an attempt at fraud or misrepresentation.

While these are the most common grounds for inadmissibility outside of a criminal context, they are not the only reasons why a person would be denied an adjustment of status. There are many other grounds for inadmissibility that are legally recognized and make it more difficult to obtain a green card than it may need to be. Speaking to an attorney is the best way to gain insight into your situation and learn more about your options.

What Is A Waiver Of Inadmissibility Available To Some Green Card Applicants?

If an individual is determined as inadmissible, there are two types of waivers that they may apply for in order to waive that ground of inadmissibility so they may be able to proceed with their green card application.

One available waiver is a 601A. These applications may waive unlawful presence. Instances where this may apply to you could be:

If you are in the United States and your only legal violation is that you came to the country unlawfully.
If you came to the United States on a visa, then overstayed, and therefore you have accumulated unlawful presence.

The other type of waiver available to file is a 601 waiver. 601 waivers help to address several types of grounds of inadmissibility including: health-related grounds; certain criminal grounds of inadmissibility; fraud and misrepresentation; and, in certain contexts, smuggling.

The criteria by which the USCIS determines whether you are able to have your waiver approved can differ case-by-case. Very often, the USCIS assesses the hardship of not the applicant, but their qualifying relatives.

Depending on which grounds of inadmissibility you fall under, there are certain individuals who would be considered as qualifying relatives. These relatives could be a US citizen spouse or parent(s), or occasionally your children or spouse with a green card. The hardship present generally has to be in connection to these relatives — that in the event you are not able to waive grounds of inadmissibility and get your green card in order to stay with your family, it would be a cause of misfortune to them.

For more information on Immigration Law, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

Can A Conditional Green Card Holder Work In The United States?

Fri, 20 Mar 2020 22:05:33 GMT

Yes! The green card is evidence of not only your status in the country but also proof that you are authorized to legally work in the U.S.

When you applied for a green card , you may have also applied for an EAD card, the Employment Authorization Document. You used the EAD card to show proof that you’re legally authorized to work in the country. However, once you get your green card, you don’t need the EAD card anymore.

Can A Non-Conditional Green Card Holder Be Employed?

Yes, you can be employed in the U.S. as a non-conditional green card holder.

How Does A Divorce Affect A Conditional Green Card Holder?

If you are divorced before filing the I-751, you have to check the box that says you’re seeking a waiver. The I-751 generally requires you file it with the spouse that petitioned for you to get your conditional green card. If you are divorced, you then have to provide proof that at the time you married your spouse, it was a real marriage.

If you’re getting a divorce, you need to keep all bank statements, and anything you and your spouse have together before your divorce for when you do have to file that I-751. These documents are important to establish that even though the marriage has been terminated, you both entered into a real marriage.

How Does Divorce Affect A Non-Conditional Green Card Holder?

Divorce does not affect the non-conditional green card holder (10-year visa) who gets divorced. Instead, it affects the main applicant, (the petitioner), who filed the green card paperwork for you.

At the time the petitioner submits the immigration application, they fill out an I-864 affidavit of support form: a legal contractual agreement with the government that they would be financially obligated for you. That responsibility doesn’t end even with divorce.

The petitioner’s responsibility toward the non-conditional green card holder only goes away after one of the following:

becomes a US citizen
does something that revokes their green card
commits a type of crime where they get deported
works in the U.S. for at least 10 years,
have paid 40 quarters towards their social security.

Thus, even after divorce, the petitioner is still financially obligated to the non-conditional green card holder.

How Does An Arrest And/ Or Conviction Affect A Conditional Green Card Holder?

It depends on the type of offense you are convicted of. Certain offenses under the Immigration Nationality Act of Section 237 can make a conditional green card holder deportable, meaning that with a conviction, the Department of Homeland Security can issue you a notice to appear in Immigration Court and initiate removal proceedings against you. Even if you get probation, whether it’s deferred probation or straight probation, if any of those probations require you to enter a plea of guilty before a judge under immigration law, it’s still considered a conviction.

Your criminal defense attorney does have a legal obligation to inform you of the possible effect on your immigration status in a criminal proceeding. So, if you find yourself talking to a criminal defense attorney, it may be in your best interest to at least consult with if not also work with an immigration attorney about the effect on your immigration status of a conviction, probation, or plea offer offered by the district attorney.

How Does An Arrest And Conviction Affect A Non-Conditional Green Card Holder?

As with the conditional green card holder, it depends on the type of offense you are convicted of. Non-conditional green card holders can be placed in removal proceedings and/or get their green card revoked.

If you do have a past conviction where you weren’t deported, it’s in your best interest to remain in the U.S. Before leaving the U.S., it is also in your best interest to talk to an immigration attorney just to make sure that your offense is not one of those listed under INA Section 212, which states all the grounds on which you not would not be allowed back into the country.

If your offense is one of those on the list and you leave the United States, the government may not let you back into the country.

For more information on Immigration Law in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

What Exactly Is a Conditional Green Card Holder?

Fri, 20 Mar 2020 22:00:32 GMT

A conditional green card holder is someone who has been issued a 2-year green card, which is good for two years. The condition of the green card is the 2-year limit because the spouse has only been married to the petitioner for less than two years. After the initial two years of marriage, the spouse has to request the government to remove the condition on their 2-year green card and be issued a non-conditional green card, good for 10 years.

What Is A Non-Conditional Green Card Holder?

A non-conditional green card holder is someone who has been issued a 10-year green card, which is good for 10 years. If the petitioner and the beneficiary of the relationship is not a spouse (a child, parent, brother, or sister), then they generally get a 10-year green card. If at the time the green card is granted, the spouse and petitioner have been married for more than 2 years, then the spouse would get a 10-year green card.

Unless the spouse has already gone through the naturalization process and become a U.S. citizen, the spouse does have to make sure to file for a renewal 90 days before the end date of their 10-year green card.

Note : Immigration will reject any applications for renewal if submitted earlier than 90 days before the end date.

What Are Your Rights And Responsibilities As A Conditional Green Card Holder?

As a conditional green card holder (2-year green card), you need to make sure of the following:

In any year you are required to file, you file a federal or state income tax return.
You file Form I-751 90 days before the expiration of your 2-year conditional green card to remove the condition off of your green card.
If you travel outside of the U.S., you have an unexpired passport along with your conditional green card that is still valid for any type of travel.
You cannot be outside of the country for more than a year at a time. If you have to, then you have to request a special re-entry permit to get into the U.S. Otherwise, when you get back, Customs & Borders can interpret that conduct of staying outside of the country for more than one year as you having abandoned your green card.
It’s better if you can limit your travel outside the country to less than 6 months at a time because being outside the country will affect the time frame of when you will be eligible to apply for citizenship.

What Are The Rights And Responsibilities Of A Non-Conditional Green Card Holder?

It’s similar to a conditional green card holder except you don’t have to file the I-751. But if you travel outside the country, make sure you travel on an unexpired passport with a valid green card. If your 10-year green card will expire, make sure to file an I-90 form 90 days before its end date. Make sure to file your taxes when they are due and make sure you’re in compliance with all U.S. laws.

Can I Travel On A Conditional Green Card Inside And Outside Of The United States?

Yes, just make sure you have an unexpired passport and your conditional green card is still valid.

If a conditional green card holder is filing that I-751 to remove the condition off of it, they’ll get a receipt. This receipt gives them an extra 24-month extension after the end date.

So if they’re waiting on the approval of that conditional green card going into a non-conditional green card to travel, they have to make sure they have an unexpired passport, their conditional green card, whether it expires or not. Then, that I-751 receipt notice indicates a 24-month extension on that conditional green card.

Can I Travel On A Non-Conditional Green Card Inside And Outside Of The United States?

Yes, just make sure you have an unexpired passport and a valid green card.

For both conditional and non-conditional green card holders, if you have any type of criminal history, even if it’s probation, you may want to check with an immigration attorney before you make any type of travel plans. Certain criminal offenses, no matter how long ago they were, even if it was probation, might prevent your return to the U.S. While you can leave the country, you might not be able to return.

Can I Register To Vote With A Conditional Green Card Inside The United States?

No. You have to be a U.S. citizen to vote in the United States.

Can I Register To Vote With A Non-Conditional Green Card Inside The United States?

Again, no. You have to be a U.S. citizen to vote in the United States.

For both conditional and non-conditional green card holders, you have to be very aware of any kind of legal document you’re filling out.

Sometimes for a health insurance policy, the form asks for your citizen status. If you accidentally mark that you’re a U.S. citizen when you’re not, you can run into some major problems. If you’re applying for a job and you’re filling out a W9 or anything that asks for immigration status, make sure that you do not mark that you are a U.S. citizen when you’re still a conditional or non-conditional green card holder.

For more information on Immigration Law in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

Who Can Your Firm Help Through The Marriage Green Card Process?

Fri, 20 Mar 2020 21:58:48 GMT

Our firm can assist both heterosexual and same-sex couples in all 50 United States, including U.S. territories. In addition, given that U.S. Immigration Law is federal law, a client in another state or U.S. territory can also reap the benefits of our service. As a result, we have clients all across the United States.

What Stage Are Couples At, When They Typically Call On Your Firm For Help?

Couples seek our assistance at many varying stages of relationships. For example, sometimes we have couples planning on getting married call, and other times we have couples who have been married for less than two years call, and even couples who have been married for more than five years.

For Couples Who Haven’t Had An Attorney Along The Way, Is It Worth It To Hire Representation Before Moving Into The Interview Process?

Suppose you have not previously worked with an attorney throughout the process. In that case, it may be helpful to consult with one and have them review what has been submitted along the way to ensure that the interview process goes as smoothly as possible. Also, if there are any issues, the attorney can advise you on any available options that may be available. Lastly, the attorney can assist in preparation for the interview and attend the interview process if the client chooses.

What Are Some Of The Biggest Misconceptions You Find Couples Have When It Comes To The Interview Portion Of The Marriage-Based Green Card Process?

Some of the most prevalent misconceptions I encounter are that couples believe they don’t need to bring additional documents and that everything submitted in the initial application is satisfactory.

What Are Realistic Concerns They Should Have?

Realistic concerns couples should have include ensuring they have updated pictures, bills, bank statements, that they practice listening to questions being asked, and reviewing I-485 questions of inadmissibility.

Do You Think Couples Sometimes Underestimate The Marriage Immigration Interview Process?

Couples can assuredly underestimate the marriage immigration interview process without preparation and realistic expectations of how the interview process works.

For more information on Marriage Green Card Process , an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.

How Long After A Couple Marries, Do You Have To Apply For The Spouse Visa Or Marriage Based Green Card In The United States?

Fri, 20 Mar 2020 21:57:47 GMT

There is no set time for when a couple needs to apply for a marriage-based green card in the United States. It depends on the quality and quantity of evidence the couple has available to submit to establish that their marriage is bona fide. Typically, the longer the marriage is, the more evidence should be available.

Is There A Waiting Period After A New Marriage To Apply?

You may apply for a green card as soon as you have sufficient evidence of good faith marriage.

Once A Couple Applies For A Marriage Visa, How Long Does It Take Generally And What Can You Expect Post COVID To Hear From Immigration With An Interview Date?

Depending on what region in the United States they are, our office has seen processing time anywhere between 12-18 months for an interview during the COVID season.

Once Immigration Has Reviewed Our Marriage Visa Application, Where Will The Interview Take Place?

The interview will take place in the USCIS Field Office of the region where you reside. For example, here in the Dallas-Fort Worth metroplex, the interview takes at the Dallas Field Office located at 6500 Campus Circle Drive East, Irving, Texas 75063.

In Preparation For The Interview, What Paperwork Will We Need To Have Ready?

In its interview notice, USCIS provides a checklist of what paperwork you will need to bring. Some of these documents include

Forms of ID like passport, driver’s license, social security card
Marriage Certificate
Birth Certificate of any children you have
Divorce Decrees from any prior marriages
Bank Statements
Tax Returns
Paystubs
Insurance policies
Lease agreements, deeds, proof of cohabitation

I’ve Heard That USCIS Will Ask My Spouse To Show That They Will Always Support Me. Why? How Can We Prove That Is Possible?

The obligation for spousal support is only obligatory until you become a U.S. Citizen, or you have put in 40 credit hours pay toward social security, which comes out to about ten years if you are still a green card holder by that time. This is to help avoid becoming a public burden on American taxpayers.

What Are The Key Dates And Events In The History Of A Relationship Immigration Is Likely To Ask About?

Significant dates that you are likely to be asked about in the interview process are the date of when you first met, date of proposal, date of wedding/marriage, how and where you met, where the wedding was held, and possibly when each of the parties met the other’s parents.

What Are Key Documents That Could Help Prove The Authenticity Of Our Marriage?

Key documents that could help prove the authenticity of your marriage are the marriage certificate, certified divorce decrees from any previous marriages, birth certificates of any children from the marriage, joint tax returns, joint bank statements, and joint insurance policies together such as medical, auto, and life.

For more information on Spouse Visa Or Marriage-Based Green Card , an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.

What Preparation Do You Recommend To Your Clients For The Day Of The Interview That Will Better Their Chances For Success?

Fri, 20 Mar 2020 21:56:51 GMT

To best prepare for the interview, get a good night’s rest, dress in a minimum of business casual, and have all critical documents organized in a folder with dividers.

Will Both Spouses Attend One Single Interview? Or Is Each Spouse Going To Be Interviewed On Their Own Or Only Together?

It is at the discretion of the immigration officer adjudicating the case whether you will be interviewed together or separately. Sometimes couples are called into one interview, and other times couples are called in individually one at a time.

Will We Be Interviewed Separately By The Same Immigration Officer Or Will There Be Separate Officers Conducting interviews?

Generally, the same immigration officer will conduct the interview if you are interviewed separately.

Will Our Immigration Lawyer Come With Us To The Interview And Be Allowed In The Interview Rooms?

The lawyer is permitted into the interview room. If you want an attorney present with you at your interview, it is a $500 fee for that service here at the Law Office of Andy Nguyen, PLLC.

Who Conducts The Interview? What Training Or Background Will The Immigration Officer Have?

The immigration officer conducts the interview. The immigration officers sometimes have a law enforcement background, work in other government agencies, or work their way up to become immigration officers.

What Information Is Safe To Share With The Immigration Officer? What Is Required To Share?

Information safe to share with the immigration officer is information disclosed on any and all immigration forms and information in the documents submitted to USCIS. Required information to be provided is that which is asked in the immigration forms.

If My Spouse Or I Had Previous Marriages That Involved Immigration, Is That Information Up For Review And Discussion? What About Other Previous Marriages, Not Related To Immigration?

Any previous marriages you or your partner had are open for discussion during the interview.

If We Don’t Know The Answer To A Question, Is It Better To Say, “I Don’t Know” or “I Don’t Remember” Versus Trying To Make Something Up?

If you do not know the answer to a question asked by an immigration officer, it is better to be honest about it rather than try to concoct a story.

What Are Some Of The Common Reasons You Have Seen That A Couple Would Get Extra Scrutiny At The Interview?

Reasons a couple may face increased scrutiny are the presence of a significant age gap, the timing of marriage as it relates to how the beneficiary came into the United States, in particular, a nonimmigrant visa like a visitor visa, prior marriages in particular prior marriage petitions, or a lack of evidence.

What Are The Possible Outcomes Of The Green Card Interview?

Approval – what happens next? In three to six weeks, you will get an approval notice in the mail, and then in another three to six weeks, you will get the green card in the mail.

Request for evidence – what kind of additional evidence might they be looking for? Proof of cohabitation, or evidence of comingling of financial assets.

Additional review – what happens next? If the evidence is satisfactory, you will receive an approval notice or call for a second interview. If evidence is unsatisfactory, then notice of intent to deny will be issued explaining the reason for denial. The client will be provided 30 days to respond to the notice of intent to deny.

Second interview – how soon does this happen, and what further questions could they possibly ask? The second interview will be scheduled as the officer’s schedule is available. Again, questions could stem from the remaining issues the officer may hold.

What Are The Most Common Reasons You See Marriage-Based Green Cards Denied? What Can We Do If This Happens?

Common reasons marriage-based green cards may be denied are a lack of evidence, inconsistent answers during the interview, or if the client is inadmissible and may be eligible for the waiver. If denied, the client will receive notice of intent to deny, explaining the reason for denial, and will have 30 days to respond to notice of intent to deny.

What Are Some Of The Biggest Mistakes You See Married Couples Make When Heading Into The Interview Process?

Some of the biggest mistakes we encounter are not listening to questions carefully that are asked of them; not recognizing vague queries or questions that can illicit multiple answers to the same question; not having updated documents available and organized to be presented to the officer at the interview.

What Is The Value In Hiring Your Firm To Guide Married Couples Through The Immigration Process, Especially When It Comes To Preparing And Executing A Successful Interview? What Sets Your Firm Apart?

One aspect that sets our firm apart is the preparation we go through with the client, ensuring they are prepared and will not have any unexpected pitfalls once the interview occurs. We walk our clients through every step of the case and make sure clients are prepared in advance of the interview. We are also available to answer any questions or concerns the client has throughout this entire process.

For more information on Preparing For An Immigration Interview , an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.

What Is Deferred Probation?

Fri, 20 Mar 2020 21:55:30 GMT

Another term used but mean the same as deferred adjudication. A type of probation where you go before the judge in the court where your criminal case is pending and you enter a plea of guilty or no contest to the charge against you but your plea is set aside and you are not adjudicated guilty. That means you are not actually found guilty and convicted at that time. In other words, the adjudication of your case is deferred, or put off. Typically, deferred adjudication is supervised. That means it is just like being on probation. You may hear the term “deferred adjudication probation.” You will very likely have a probation officer with whom you have to check in and there will be tasks you have to complete (such as community service) and fees to pay. If you complete your term of deferred adjudication successfully, the charge against you will be dismissed in the end and you will not be convicted.

The length of the term of deferred adjudication varies depending on the offense. Deferred adjudication can be a great resolution of a case for those who are willing and able to comply with all of the terms.

What Is Deferred Prosecution?

In a “Deferred Prosecution” scenario, you again enter a plea of guilty or no contest to the offense, this time on paper, rather than in front of a judge. However, the charge is dismissed at the front end and will not be reinstated unless you violate the terms of the deferred prosecution agreement

Deferred prosecution is not an official supervised probation. There is no supervision imposed, but you will likely be required to complete certain tasks. While the agreement is in effect, you are not allowed to commit any other offenses besides a Class C moving traffic violation. Again, the length of the deferred prosecution agreement will vary depending on the offense. If you violate the terms of the deferred prosecution agreement and the state can refile the charge and prosecute the case to the full extent of the law.

Deferred prosecution is available, though uncommon, for a Driving While Intoxicated charge. It is a highly attractive resolution of a case. Our office refers to that as “an offer we can’t refuse” because you totally avoid the risk of a bad result at trial. This is a win-win situation for both the state and the citizen accused of the agreement, is honored and satisfied by the citizen.

Successful completion of a deferred prosecution agreement means that you may be eligible for an expunction, which is a complete erasure of the fact of the arrest and subsequent prosecution. Again, this does not happen automatically; it is a separate legal proceeding.

What Is Deferred Adjudication?

“Deferred Adjudication” is a type of probation where you go before the judge in the court where your criminal case is pending and you enter a plea of guilty or no contest to the charge against you but your plea is set aside and you are not adjudicated guilty. That means you are not actually found guilty and convicted at that time. In other words, the adjudication of your case is deferred, or put off. Typically, deferred adjudication is supervised. That means it is just like being on probation. You may hear the term “deferred adjudication probation.” You will very likely have a probation officer with whom you have to check in and there will be tasks you have to complete (such as community service) and fees to pay. If you complete your term of deferred adjudication successfully, the charge against you will be dismissed in the end and you will not be convicted. The length of the term of deferred adjudication varies depending on the offense. Deferred adjudication can be a great resolution of a case for those who are willing and able to comply with all of the terms.

If you violate any of the terms of the deferred adjudication, the state can file a motion to adjudicate you. This means that you will have to go back to court and the judge will determine whether or not to go forward with actually using the plea you previously entered and convicting you of the offense. If the judge adjudicates you, he or she has the discretion to sentence you to the maximum punishment allowable by law for the offense or any punishment that is within the “range of punishment” for that specific offense. The judge can actually keep you on deferred adjudication with no changes or can swing all the way up to the maximum allowable punishment. If you are on straight probation the judge cannot sentence you to more years than already established by the judgment in the original sentence.

For more information on Deferred Probation In Immigration Process, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

Is Deferred Adjudication Still A Conviction Under Immigration Law?

Fri, 20 Mar 2020 21:53:49 GMT

Yes, if you enter a plea of guilty or no contest or if you stipulated to enough facts to warrant a finding of guilt, you will be considered to have a conviction. It is important to remember that Deferred Adjudication/Deferred Probation count as a conviction for immigration purposes. However, Pre-Trail Diversions in some instances do NOT count as convictions for immigration purposes.

The statutory definition of a conviction with respect to an alien is a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where: a judge or jury has found the alien guilty or the alien has entered a plea of guilty or of nolo contendere, or has admitted sufficient facts to warrant a finding of guilt, and the judge has ordered some form of punishment, penalty, or restraint on the alien’s liberty to be imposed. See 8 USC 1101(a)(48)(A); INA 101(a)(48)(A)

Discuss How Deferred Probation/Prosecution Or Deferred Adjudication Could Impact An Individual In Each Scenario:

*Applying For Immigration Status/A Visa For The First Time Goes To Admissibility Issue

Certain crimes may prevent a noncitizen from being able to obtain lawful admission status in the United States. Certain crimes may also prevent a noncitizen who already has lawful admission status from being able to return to the United States from a future trip abroad.

Some of the crimes that will effect admissibility into the United States include, but is not limited to:

Crimes Involving Moral Turpitude, which includes a broad range of crimes.
Crimes with an intent to steal or defraud, such as theft or forgery.
Crimes in which bodily harm is caused or threatened by an intentional act, or where serious bodily harm is caused or threatened by a reckless act. This includes things such as murder, rape, and some manslaughter and assault crimes.
Most sex crimes are considered crimes of moral turpitude
Violations of any law of a Federal, State, or foreign country relating to a controlled substance.
The only exceptions to this are:
if the crime was committed when the defendant was under the age of 18
The maximum imprisonment possible if convicted would not exceed one year and the sentence did not exceed 6 months
It is a single offense of simple possession of 30 grams or less of marijuana.
If you are convicted of 2 or more offenses, regardless of whether the crimes involved moral turpitude, and the aggregate sentences to confinement was for 5 or more years.
If it is known, or there is sufficient reason to believe that you are an illicit trafficker.
This includes anyone who aids, abets, assists, conspires, or colludes to illicit trafficking.
Prostitution: Including anyone who has been convicted, admitted to, or has had the intent to engage in prostitution. Furthermore, anyone coming to the United States with the sole intention to prostitute or has engaged in prostitution within 10 years of their Visa application will be inadmissible
Likewise, anyone who tries to procure or import prostitution will be inadmissible.

*Applying For An Extension Of A Visa Or Citizenship

Criminal Bars On Obtaining Us Citizenship

Certain crimes will prevent a Lawful Permanent Resident from being able to obtain full United States Citizenship. A conviction or admission to the following crimes, amongst others, bars the finding of good moral character required for citizenship for up to 5 years:

Confinement to a jail for an aggregate period of 180 days
2 gambling offenses
2 or more offenses of any type, plus an aggregate prison sentence of 5 years.
Crimes involving Moral Turpitude
Controlled Substance Offenses, unless it is a single offense of simple possession of 30 grams or less of marijuana.

Visa holder can be deportable.

For more information on Deferred Adjudication In Immigration Process, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

What Convictions Can I Get Deported For?

Fri, 20 Mar 2020 21:52:16 GMT

The five major categories of “deportable crimes” are:

Crimes of moral turpitude,
Aggravated felonies,
Controlled substances (drug) offenses,
Firearms offenses, and
Domestic violence crimes.

Section 237 of the INA lists the crimes for which you can be deported.

Under Immigration Law, What Counts As A “Crime Of Moral Turpitude?” Will I Be Placed In Deportation Proceedings If I Have Been Convicted Of A Crime Of Moral Turpitude?

Crimes of moral turpitude are an unusually complicated area of immigration law. That is because the INA does not define what a “crime of moral turpitude” is.

Courts have defined moral turpitude as a corruption of the social basic duties that everyone owes to other people and to society as a whole–in other words, antisocial behavior that harms another person or the social good.

Just being convicted of a single crime of moral turpitude is not enough to make you deportable. Instead, you are deportable only if you either:

Are convicted of a crime of moral turpitude for which a prison sentence of one (1) year or longer may be imposed, within five (5) years of being admitted to the U.S., OR
Are convicted of two (2) or more crimes of moral turpitude that did not arise out of a single criminal scheme.

I Was Convicted Of A Crime, But It Was A “Minor” Crime. Does This Mean That I Won’t Be Deported?

Not necessarily, depends what you mean by minor crime. Even some misdemeanor offenses can get you deported so best to consult with criminal defense attorneys and immigration attorneys before taking any plea deal.

I Was Arrested But Not Convicted Of An Offense. Am I At Risk Of Deportation?

I Am Not A United States Citizen. I Have Been Convicted Of A Crime. What Should I Do?

Do not say anything as anything you say can and will be used against you in a court of law. Get yourself a criminal defense attorney immediately. Afterward, make sure you inform your criminal defense attorney that you are not a U.S. Citizen and inquire about how this will affect your immigration status. If criminal defense attorney is unsure have them or you directly reach out to an immigration attorney before you take any plea deal from the prosecutor. Under the U.S. Supreme Court case of Padilla v. Kentucky, 559 U.S. 356, (2010), criminal defense attorneys must advise noncitizen clients about the deportation risks of a guilty plea.

If An Undocumented Person Is Charged With A Crime In State Court And Is Eligible For A Deferred Adjudication With Dismissal, Should He Or She Take The Plea Offer?

No, it will depend on what the offense is. Always consult with criminal defense/immigration attorneys before taking any plea offer.

If There Was No Official Finding Of Guilt But You Pled Guilty Or No Contest (“nolo contendere”), Or If You Admitted Enough Facts For A Finding Of Guilt To Be Made And The Judge Ordered Some Sort Of Punishment, Penalty, Payment Of Court Costs, Or Restraint Of Liberty Against You, Are You Still Viewed As Having Been Convicted Of The Crime And Deported On That Basis?

This will still count as a conviction under immigration law. Whether you are deportable or not depends on if the crime falls under any of those listed under INA Section 237.

Is This True Even If The Plea Is Later “Withdrawn” After You Complete Court-Ordered Requirements Such As Drug Or Alcohol Rehabilitation Or Counseling?

Yes

If Someone Is Able To Have A Conviction On His Or Her Record Expunged, Will This Be Deemed As Excusable By Immigration?

No, a conviction is a conviction regardless of whether one’s record is expunged.

For more information on Criminal Convictions Leading To Deportation, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

What Exactly Is An Affidavit Of Support?

Fri, 20 Mar 2020 21:51:11 GMT

An affidavit of support is a contract that an individual signs agreeing to use their financial resources to support the attorney immigrant named on the affidavit. The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. Usually, the sponsor is the petitioner who files the immigrant petition on behalf of the intending immigrant.

Who Can Be An Affidavit Of Support Sponsor?

To be a sponsor on an affidavit of support, an individual needs to be at least 18 years of age, a US citizen, or a lawful permanent resident. Additionally, they have to be domiciled in the United States or a territory of the United States to be a sponsor. However, if the individual lives abroad, they may still be eligible to be a sponsor if they can show that their residence abroad is only temporary and that they still have a domicile in the United States. Common ways to prove this are by demonstrating you pay taxes, register to vote, own property, etc.

How Long Does It Take To Get Approval On An I-864 Form?

So, the I-864 runs in conjunction with the processing time of the petition. An adjustment of status here in the US or consulate processing for overseas runs in tandem with how long those processing times were. There is no set time frame because it fluctuates on a month-to-month basis but approval is usually tied to the processing times of those two processes.

What Should The Sponsors Know Before The Signing The I-864 Affidavit Of Support Form?

Sponsors are accepting legal responsibility for financially supporting the sponsored immigrant. This obligation extends until the sponsored immigrant becomes a US citizen or is accredited with 40 quarters of work. The obligation to the sponsor can also end if the individual you are sponsoring dies or ceases to be a lawful permanent resident by departing the United States.

Another consideration for sponsorship is if it is a spousal type of petition, even with divorce, it does not end as a sponsorship obligation. If an immigrant you sponsor receives any type of means-tested public benefit, you are responsible for repaying the costs of those benefits to the agency that provided them. If you do not repay the debt, the agency or the immigrant can sue you in court to get the money owed.

There are situations where the sponsor alone may not meet the income requirements. As a result, they have a joint sponsor on the case. If you are a joint sponsor, you also need to be aware that you are independently liable for that financial obligation to the full extent of the reimbursement obligation. You can be sued in court where you are asked to pay the money owed even if the primary sponsor has not sued or asked for the money.

How Much Annual Income Is Required For The Affidavit Of Support?

To qualify, your household income must be equal to or higher than 125% of the US poverty level for your household size. The household size, in the context of immigration, doesn’t mean the people who live in your house. It includes the petitioner, any dependents you claim on your tax return, any individuals that you have sponsored in the past who you are still obligated to, and the number of immigrants that you currently intend on sponsoring. If you are the sponsor and you are on active duty in the armed forces of the United States and the immigrant you are sponsoring is your spouse or your child, your income only needs to equal 100% of the US poverty level for your household size.

How Long Does It Take To Get A Response From Immigration After Submitting An Affidavit Of Support?

It is related to whether this affidavit of support is in conjunction with an adjustment of status process. If you are looking at an adjustment of status which means that an intending immigrant has arrived in the United States legally, you are looking at a time frame of anywhere between eight to twelve months. If you were doing consular processing, where your family member is overseas and they have to do their interview at a US embassy or a consulate, you are looking at around one and one and a half years.

When Does Support Form I-864 End? Will It Ever Be Extended?

Support Form I-864 ends when the individual becomes the intended immigrant, receives their green card, becomes a US citizen, is credited with 40 quarters of work, the individual sponsored dies, commits an offense causing their green card to be revoked, or gets deported. To my knowledge, there are no extensions if one of the listed conditions occurs.

For more information on I-864 Affidavit Of Support Form, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

How Long Is The I-864 Valid For? Does It Expire?

Fri, 20 Mar 2020 21:49:45 GMT

On the I-864 form, at the bottom of each page, there is an edition date. They can expire if the USCIS issues a new edition date. If this occurs, you must make sure that the form you are using to submit the application is the current one. They can expire if USCIS updates the edition but if you were to file your application and it is already submitted and pending and they come out with a new edition, it doesn’t affect the prior edition that has already been submitted.

At What Point In The Immigration Process Should We File The Form I-864?

One, if you were doing an adjustment of status whereby you are able to file both the I-130 petition and I-485 adjustment of status application concurrently then you also want to file your form I-864. Two, if you are doing an adjustment of status but you have to file the I-130 first and couldn’t file the I-485 concurrently, this is when you are going to have to file the I-485 later than you would submit the I-864 form. Finally, if you were in consular processing, then you would submit the I-864 after the I-130 is submitted, if approved, the I-130 is transferred to the last known visa center. Then it is at that point, that you would submit the I-864 to the national visa center instead of the USCIS.

Does Divorce End The Support Obligation?

No.

Would Bankruptcy End A Support Obligation?

A bankruptcy does not end your I-864 obligation. Most debts and contractual obligations, which are similar to I-864 are dischargeable in bankruptcy but domestic support obligations so this would be as alimony, maintenance, or support owed to a spouse, former spouse, or a child are not. You can argue that not every I-864 obligation is defined as a domestic support obligation. For example, if you were doing an affidavit of support for your parents or siblings, a joint sponsor for someone who you don’t share a family relationship with, you can argue in court that the I-864 that you signed is not a domestic support obligation whereby the bankruptcy would not discharge you.

I Signed The I-864 But My Spouse Wasn’t Cleared For A Green Card. Am I Still Required To Provide Support?

Under the I-864, you are not required until your spouse is approved for the green card. Up to that approval point, you are not subject to the I-864 obligation.

What Happens If The Sponsor Dies Or Becomes Incapacitated? Does This End Support?

If you already have a green card, the obligation does go away. If your US sponsor dies while your case is pending approval, you will have to find a substitute sponsor.

What Happens To A Support Order If The Immigrant Wants To Leave The Relationship Due To Domestic Abuse?

If the abuse is coming from the sponsor towards the intending immigrant then the support obligation continues up until the required conditions are met. If the abused immigrant becomes a US citizen, works 40 quarters, their green card is revoked, and gets deported, the obligation still stands until those conditions are met. If you are the abuser, your obligation doesn’t go away unless those conditions are met. If it’s the other way around where the intending immigrant is the one abusing the sponsor, then it does open up a grounds for the sponsor who is being abused you may go to court and assert a defense claim to say you are requesting that this obligation I have to be terminated given the nature of the relationship between myself and the intending immigrant.

It does open up the possibility to try to get out of the obligation. In my experience, I have not seen that being litigated as much. In my research, I’ve seen some courts have said yes, you can get out of the obligation, other courts may interpret that differently and say that’s a separate matter. Your obligation is not to an immigrant but to a contract with the government. So, it depends on the court you are in, the jurisdiction you reside in, and how the judge interprets the various areas of the law that come into play here.

Additional Information On The I-864 Affidavit Of Support Process

It’s important to know that in terms of the income requirements, sometimes they don’t need an income requirement. There are other ways by which you can still satisfy the requirements so you can look at your assets.

For example, if your income requirement was $30,000 and you only made $25,000, there is a difference of $5000. You can include your assets which include the money you have in your checking and savings accounts holdings in the last 12 months. You can use stocks, bonds, or property. If you have a second vehicle, look at the net value of those assets and add it all up and the amount. If you are sponsoring a spouse, it’s 3 times what is required or what the difference is, which in this case would be $15,000 then you can satisfy it that way.

If you are sponsoring anybody else other than a spouse then you have to show assets that are 5 times the difference. So, in that example, you would have to show $25,000.

For more information on Validity Of I-864 Affidavit Of Support Form, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.

The Impact Of Divorce On Your Immigration Status

Fri, 20 Mar 2020 21:43:22 GMT

Going through a divorce is already a very difficult time for many couples. When your immigration status remains in the balance, the stakes are considerably higher. If you are facing divorce from a citizen spouse, this article can shed some light on how your immigration status may be impacted.

In this article, you will learn…

How the contract the citizen spouse has made with the government can benefit the immigrant spouse,
How a separation may not negatively impact an immigrant spouse’s status, and
How your place in the process will determine the impact of divorce on your status.

What Are The Major Problems That Arise For The Immigrant Spouse If A Divorce Occurs?

In order to identify the major problems that may arise for the immigrant spouse in the event of a divorce, we first need to determine whether they have a conditional residency. With a conditional residence, the immigrant spouse has to apply for their citizenship with their citizen spouse. That can be an issue if there is a divorce that occurs before that condition is removed.

The second problem that we would need to analyze is the contractual spousal support company. The citizen spouse, or the USC, is signing an affidavit of support when they’re petitioning for their immigrant spouse. It is considered to be a contract between the citizen spouse and the government. However, as a beneficiary of that contract, the immigrant spouse can use it to request spousal support based on that contract in a divorce proceeding.

There are certain things that can terminate that responsibility, but divorce is not one of them. Because of this, the claim to contractual spousal support can be beneficial, to an extent, to the immigrant spouse. It can also be detrimental to the citizen spouse.

What Should Individuals And Spouses Be Aware Of If They Divorce Before An Unconditional Visa Has Been Granted?

One of the biggest concerns is that both spouses are expected to apply for citizenship together if they want to remove the conditions and just apply for citizenship automatically. There is a little wiggle room – a space of time when the application is pending – where you can remove those conditions.

What Happens If I Get Separated Before My Green Card Interview With The United States Citizenship And Immigration Service?

Regardless of your status of separation, your interview with the United States Citizenship and Immigration Service will still be scheduled. The separation will only impact the interview slightly if you or the spouse still have conditions on their green card. If not, then that interview should be fine.

There is a small space of time where you can separate it while that proceeding is still pending. One of the things that you’ll have to do is update the interviewer on what is happening. There is much more scrutiny at an interview to remove conditions and citizenship after three years because the whole basis of those conditions is to ensure that this marriage is based on love and not interest in getting documentation.

Does Separation Have The Same Impact On Immigration Status As A Divorce?

A separation does not have the same impact on immigration status as a divorce. In a separation, it isn’t unusual to see the citizen spouse willing to move forward with the interview and their portion of petitioning for the immigrant spouse. This is because couples are often still trying to reconcile during a separation, taking active steps such as going to therapy or addressing other issues causing the separation.

Every situation is different. The impact of a separation on immigration will be very fact-based, depending on what that separation looks like for a specific couple.

What Happens If I Get A Divorce Before The Non-Conditional Green Card Has Been Granted?

If you’ve already been through the interview and are just waiting for the approval, it’s more likely that it’s going to get granted before your divorce is finalized. This should allow you time to notify U.S. Citizenship and Immigration Services (USCIS) that there has been a change in your marital status. However, it does matter where in the process they are to determine how significant the impacts will be.

If My Spouse And I Are In Divorce Proceedings, Are We Required To Notify Immigration?

You will be asked to notify immigration, especially if you have an interview pending. There are ways to show that this was a marriage based on love, even if you are currently going through a divorce. How you show this would be very fact-driven based on your specific situation. Your attorney can provide their perspective on whether to notify them or whether to proceed with the divorce.

When people are considering a divorce and they’re on a conditional residency, even when they’re on a 10-year green card, they usually try to seek some counsel as to whether a divorce will hurt them in their status. A 10-year green card would not be affected. The most significant time to evaluate whether a divorce is in your best interest would be when there is a conditional green card.

For more information on How Divorce Can Impact Your Immigration Status, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.

Divorce And A Spouse’s Role In The Immigration Process

Fri, 20 Mar 2020 21:41:38 GMT

In this article, you will learn…

Why consulting an experienced immigration attorney is important,
When the reason for your divorce can impact your immigration process, and
How the U.S. citizen spouse’s history can be detrimental to your application for a green card.

What Happens When Immigration Is Made Aware Of A Divorce When A Non-Conditional Green Card Application Is Pending?

There is a higher scrutiny in determining whether the marriage is a fraud when immigration discovers a couple is already headed for a divorce before their petition for a green card has been granted. The best thing that you can do is to go about informing them correctly about your divorce.

Most of the time all it will do is cause further delays for your approval while they determine that you did not get married for the sake of getting a green card. They will be asking for additional evidence to prove that the marriage was about love, that the relationship was a true relationship based on affection rather than the opportunity to get documentation.

If they were closer to granting approval at the time they were made aware of the divorce, they are more likely to approve the application, unless there are other red flags that the divorce only adds to in their determination. Of course, you can’t be sure of whether they have identified red flags all the time.

This is why it is recommended that you consult an experienced immigration attorney to discuss whether holding off on the divorce might be in your best interest.

Does Reason Or Fault Listed For A Divorce Have An Impact On Whether I Will Be Granted A Green Card?

Yes, the reason or fault listed for a divorce can have an impact on whether a green card will be granted. For example, if the immigrant spouse can show that they are trying to get a divorce due to violence, especially if they have a protective order, that can be very helpful to them in getting a green card granted.

Does The Length Of The Marriage Prior To The Divorce Impact The Green Card Application Of The Immigrant Spouse?

The length of the marriage prior to the divorce absolutely impacts the green card application and process. The longer you are married and the longer you are here, the better and easier it is for that process. It is much easier to take off the conditions in a conditional residency and get a 10-year green card or to apply for citizenship if your spouse is with you and going through that process.

There is more scrutiny than if you are trying to go through it on your own, but the longer you are married, the better it will be for you. The removal of conditions is the biggest thing and, once that is done, the divorce won’t matter because the immigrant spouse will be able to apply for citizenship on their own down the road – after five years.

What Can The U.S. Citizen Spouse Do To Help The Immigrant Spouse Through The Process?

The U.S. citizen spouse should be upfront and honest when answering the many questions being asked. They also need to show that they are not a bad person. This is because if there are criminal charges or decrees of family violence in their past, it can negatively impact and make the process much more difficult for the immigrant spouse. The citizen spouse having a clean record definitely matters in this process.

Immigration will also look at prior petitions. If the citizen spouse has petitioned for three or four wives before this – which sounds like an exaggeration, but there is a reason why there’s a joke about mail-order brides – this is going to have a very negative impact on the process. They are not going to allow the same person to continue marrying different people just to help them get their documentation.

A marriage must be based on love. You can show that yours is a real relationship by presenting evidence that can include…

Joint bank accounts,
Combined tax filings,
Evidence of vacationing together,
Their dating relationship,
Engagement photographs, and
Evidence of a wedding.

Your wedding doesn’t need to be extravagant, of course. Any variation of a wedding celebration with loved ones, as evidenced by photographs, can often be great evidence of a true relationship. All immigration wants to see is that there is ample evidence supporting that yours is a real and true relationship. The more your lives were intertwined before applying, the stronger your case will be.

Can The U.S. Citizen Spouse Harm The Immigrant Spouse’s Chances Of Getting Approval?

If the U.S. citizen spouse has a criminal record or any history of violence, it can most certainly harm the immigrant spouse’s chances of getting approved. The last thing that immigration wants is to bring over another victim for the citizen spouse or their abusive family. Therefore, the citizen spouse’s own history and family history are very impactful on the process.

In order to determine what, if any, steps you can take to circumvent any questionable history and ensure the smoothest possible process, it is best to consult with an experienced immigration attorney. Disclose everything to your attorney so that they can advise you correctly on how to proceed and what you can do.

For more information on Divorce And A Spouse’s Role In The Immigration Process, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

Knowing Your Rights And Resources As An Immigrant Spouse

Fri, 20 Mar 2020 21:38:47 GMT

No one plans to find themselves in an abusive situation. When you’re an immigrant spouse, escaping a volatile marriage can be even more difficult. The fear of ramifications on your immigration status can all too often keep you trapped in an unsafe environment. It’s important to know that you are not alone. This article seeks to equip you with the knowledge and resources available to you, such as...

The Violence Against Women Act and how it can provide you an escape route,
The best time to seek legal counsel when your marriage is headed for destruction, and
Why our firm is best equipped to guide you through these often painful and complicated processes.

Are There Special Cases Where Alleged Domestic Violence Is Involved And VAWA Cannot Help The Immigrant Spouse Victim?

The Violence Against Women Act, or VAWA, exists to help immigrant spouses who are in domestic violence situations. However, VAWA is only able to help the victim if the victim reaches out for help. There are situations where the citizen spouse will threaten the immigrant spouse by telling them things like…

You have no power,
You’re reliant on me, and
You don’t have anyone else here you can count on.

These kinds of threats can keep someone isolated, preventing them from reaching out for the help that they need and that is available to them. It exacerbates the situation and makes it worse for the immigrant spouse who is trying to leave. The perpetrator of domestic violence can then continue to impose that violence upon their immigrant spouse.

VAWA is there for them, though, and is committed to getting victims of domestic abuse out of the harmful situation and into a safe place. They will help the immigrant spouse in getting a divorce and a finding of family violence. VAWA will also get them a protective order if the severity of violence warrants it.

There is also hope for the immigrant spouse that VAWA can help them get a green card and still be able to stay here. That’s significant because the U.S. citizen spouse will often use immigration status to manipulate their victim into not leaving the situation. VAWA can help take away the power imbalance and provide a new avenue for the immigrant spouse to get their green card.

The priority must always be to keep the immigrant spouse victim safe and let them know that most of the time, these cycles of abuse continue because they are unaware. When they are unaware, it’s that much easier for their abusive spouse to present threats as facts when, in reality, that’s not true. VAWA can only help, though, when the victim reaches out to them.

Should I Be Concerned If My Spouse And I Decide To Get A Divorce After I Have Been Granted An Unconditional Marriage-Based Visa?

The likelihood that anything will happen to your unconditional marriage-based visa due to a divorce is very, very low. If, for whatever reason, there is any concern or red flag for the immigration officer, they might require more evidence that your relationship was genuine.

However, that would be unlikely as once you receive your tenure card, the only applications you have left are renewing your tenure green card or applying for citizenship. These are things you can do independently because your conditions have already been removed.

There should really be no reason that a divorce should impact the process of the immigrant spouse applying independently for citizenship. It is really just a matter of you being truthful. Sometimes, people are scared that if they tell the truth, it will negatively affect their application. In reality, it is withholding the truth that will be most damaging.

What Is The Best Time To Hire An Immigration Attorney When A Marriage Is Ending And Your Conditional Green Card Has Not Yet Been Granted?

The best time to consult an experienced immigration attorney, as well as a family law attorney, about any marital issues during the process of applying for your conditional green card is immediately. As soon as you begin thinking about leaving your marriage, you should seek counsel from your immigration attorney to determine the best possible exit strategy with the least negative impact on your process.

In some situations, your attorney may advise you to hold off on pursuing your divorce until after your green card has been granted. In other situations, especially those involving any domestic violence, they may have other resources for you, such as VAWA, which will open another avenue for you to pursue your green card while also getting out of your marriage in a safe way.

Whether a divorce would be detrimental to your immigration process is very dependent on the specific facts of both your divorce and where you are in the immigration application process. You’ll need to have these forthcoming conversations to identify the best possible course of action for you and your specific situation.

What Sets Your Firm Apart In Guiding Individuals And Former Couples Through The Non-Conditional Green Card Phase Once A Divorce Has Occurred?

One of the most notable things that sets our firm apart when dealing with immigration during and after divorce is that we do both immigration law and family law. This is a great advantage, as we understand all sides of the situation and are able to advise you on the best course of action for your situation from both the family law perspective and the immigration law perspective.

It is our goal to make sure that all of our current and potential clients – even if they don’t end up hiring us after our consultation – are equipped with the information they need to navigate these difficult and often confusing situations. We let you know what concerns there are and what we believe the best path will be to navigate any complications.

We also provide you with handouts to better inform you of what your rights are and what you can expect. We are more focused on being of service than just selling a service. You are our priority and we truly care about helping you through these processes.

For more information on the Violence Against Women Act In Immigration, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

Can You Walk Me Through The Divorce Process In Texas?

Fri, 20 Mar 2020 21:37:09 GMT

The first step in the divorce process is determining where to file your reports, which will likely be in the county where you live. You have to have lived in the county for six months 90 days prior to filing. If you seek the services of our firm, we will provide you with a questionnaire to complete. From that questionnaire, we will generate an original petition and file it with the proper court within a certain timeframe. You will be required to appear in court and demonstrate that the other party in the divorce is aware that you have filed a petition. That can be done by having your spouse sign a waiver indicating that they are aware that you have filed for divorce. Alternatively, they could be served.

Next, there might be temporary hearings to determine which party will keep which assets, and to determine preliminary custody issues. If an agreement is reached, then the divorce can be finalized after 60 days have passed. If there are contested matters involved, then there will usually be mediation and discovery before the final hearing. If you and your spouse reach an agreement at any point before, during, or after mediation, then we can enter the final decree for divorce. If an agreement cannot be reached, then you will need to go to trial.

Which Party Generally Has To Pay Spousal Support Or Alimony In A Divorce In Texas?

Spousal support and alimony are somewhat limited in Texas, and the person who will have to pay it will depend upon the circumstances of the case. If the marriage lasted more than 10 years and you were primarily the homemaker, then you’d qualify for alimony. The general rule is that you can receive one month of alimony for every year that you were married, but there are some exceptions to that. For example, if you are disabled and unable to work, or if you have to care for a disabled child, the analysis would be different. Once you’ve filed for divorce and separated from your spouse, the court will grant a certain amount of temporary support until the divorce is finalized.

Can The Amount Of Alimony Or Spousal Support In A Divorce Ever Be Changed?

While we often see changes in child support, we don’t often see changes in alimony. The amount of child support will likely be adjusted if you or your ex-spouse gets a better job, fails to follow the visitation schedule, or if your children develop a disability that mandates more support.

What Are The Different Types Of Custody And Visitation Arrangements In Texas?

One type of custody arrangement in Texas is referred to as standard possession, which means that you would have the children the first, third, and fifth weekends, starting at six o’clock on Friday and ending at six o’clock on Sunday. In Arizona, there is also an expanded standard schedule, which adds several days to the standard possession order. If you and your ex-spouse show that you can co-parent and cooperate, then a fifty-fifty schedule might be implemented, whereby you would trade off having the children every other week. There is also what’s referred to as a 223, which means that you or your ex-spouse would have the children on Monday and Tuesday or Wednesday and Thursday, and you would alternate weekends.

Who Pays Child Support?

The party who usually pays child support is the party who keeps the child less of the time. In most cases, the party who has the right to designate where the child lives will receive the child support, which is based on a formula.

How Is The Amount Of Child Support Determined Or Calculated?

The amount of child support is determined by the other party’s net income, which is the amount they take home once taxes have been deducted. For one child it would be 20 percent, for two children it would be 25 percent, and for three children it would be 35 percent. If you have children separate from the marriage, then a different formula would be used to determine the amount of child support. A separate child would generally account for 17.5 percent of the net available resources.

How Does Texas Handle The Separation Of Assets And Debts In A Divorce?

The division of assets has to be done fairly and equitably, which does not necessarily mean fifty-fifty. If your spouse is a pharmacist and you are a lab technician who primarily takes care of the children, then you would potentially receive more assets.

For more information on Divorce Process In The State Of Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

In Rem Jurisdiction And Its Impact On Property Division In Divorce Proceedings

Fri, 20 Mar 2020 21:35:45 GMT

In this article, you can learn about:

The significance of In rem jurisdiction for divorce.
Personal jurisdiction and its role in property division in divorce proceedings.
How notice and service play a role in establishing jurisdiction.

What Is In Rem Jurisdiction In The Context Of Divorce Proceedings?

The concept of “in rem jurisdiction” pertains to a particular court’s authority to grant a divorce. Let’s dive into this concept, remembering that just one spouse fulfilling the residency requirement gives the court jurisdiction to grant a divorce. While in rem jurisdiction is vital for divorce, it’s essential to differentiate it from personal jurisdiction, which plays a pivotal role in property division.

How Does A Court Establish Its In Rem Jurisdiction Over Marital Property In A Divorce?

Establishing a court’s in rem jurisdiction over marital property involves examining the spouses’ residency status. In Texas, this includes questions like, “Have you lived in Texas for the past six months?” and “Which county have you lived in for the past 90 days?” The answers to these questions determine the court’s authority to decide the case.

What Role Does Notice Play In Rem Jurisdiction Cases Related To Marital Property?

Notice served to the non-filing spouse or respondent is instrumental in acquiring jurisdiction to address property issues and claims. This is especially important in the context of property division.

Are There Limitations Or Restrictions On The Use Of In Rem Jurisdiction In Divorce Cases Involving Property Division?

Understanding the concept of ‘in rem jurisdiction’ is crucial in divorce cases, but it’s important to recognize its limitations. In simple terms, in rem jurisdiction mainly pertains to the authority a court has to grant a divorce. This authority is typically based on the residency of the spouse initiating the divorce proceedings. However, things can get complicated when it’s not clear whether the court has the power to make decisions involving the other spouse.

When a court lacks jurisdiction, it’s essential to know that it can’t make determinations on various critical matters. This can leave important issues, especially those related to property division and liabilities, unresolved for the couples going through a divorce.

Can In Rem Jurisdiction Lead To The Sale Or Distribution Of Marital Property To Satisfy A Court Order Or Resolve Disputes Between Spouses?

In rem jurisdiction alone is insufficient to authorize the sale or distribution of marital property. To enable the court to make decisions regarding the distribution of assets, liabilities, and property sales, you must have the additional element of personal jurisdiction.

Can A Spouse Challenge Or Contest The Court’s In Rem Jurisdiction Over Specific Marital Property?

In a divorce case, a spouse can challenge the court’s jurisdiction. The way you go about this depends on the type of jurisdiction you’re dealing with. There are two key aspects to consider: in rem jurisdiction (which relates to the court’s jurisdiction over the divorce itself) and subject matter jurisdiction (the court’s authority over the divorce case as a whole). If you find inaccuracies in the divorce petition, you can contest these types of jurisdiction.

However, personal jurisdiction, which involves the court’s authority to make decisions affecting a specific party, is a different matter. Understanding the distinctions between these jurisdictional aspects is crucial when planning your approach to divorce proceedings, because ensuring that jurisdiction is established correctly and firmly can lead to more secure court orders that are less likely to face future challenges. This sets a solid foundation for everyone involved in the divorce.

For more information on In Rem Divorce Jurisdiction In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

Asserting Control: Personal Jurisdiction In Divorce Proceedings

Fri, 20 Mar 2020 21:34:30 GMT

In this article, you can learn about:

Whether personal jurisdiction is vital in divorce for property division and support orders.
How to address personal jurisdiction in the proceedings.
The importance of having competent legal counsel.

What Is Personal Jurisdiction In The Context Of Divorce Proceedings, And Why Is It Important?

Personal jurisdiction refers to the court’s authority to make orders and impose restrictions on the parties involved. To illustrate this, let’s consider a scenario where the wife initiates a divorce. In this context, it is crucial that the court possesses the necessary authority over the husband. This authority extends beyond the divorce itself and encompasses vital aspects such as property division, debt management, and potential determinations related to spousal or child support.

Why is this level of detail so important? Because it serves as the linchpin that safeguards any court orders against potential challenges. If these orders were to be contested, it could lead to prolonged legal battles and significantly increased legal expenses for all parties involved.

In the initial stages of divorce proceedings, particularly when the wife seeks legal counsel, a meticulous examination is imperative to establish personal jurisdiction with unwavering certainty. This rigorous approach ensures that the wife’s requests and concerns are comprehensively addressed in the court order.

By adopting this proactive strategy, potential vulnerabilities that could be exploited in the future can be effectively avoided.

How Does A Court Establish Personal Jurisdiction Over The Parties In A Divorce Case?

In divorce, establishing personal jurisdiction can seem complex, but it can be simplified with a few straightforward scenarios. If you, as spouse A, are the one filing for divorce and you choose to file in the county where spouse B resides, there are certain factors, like how long each of you has lived there, that can impact your filing options.

For example, if you, spouse A, have been living in Tarrant County for the past 90 days and in Texas for at least six months, while spouse B has been residing in Dallas County for the same period, you can file in either county.

Importantly, obtaining personal jurisdiction becomes easier when spouse B resides within the county where you file for divorce, because courts are generally more interested in handling cases involving their residents.

After this, serving notice to spouse B will be a critical step. Spouse B must either be properly served with a citation and a copy of the original divorce petition or agree to waive service after reaching an agreement with you, Spouse A. By signing a waiver of service, Spouse B effectively waives the requirement for formal service and acknowledges the court’s jurisdiction.

However, matters become more complicated when one party lives outside of Texas. In such cases, acquiring jurisdiction over non-residents is subject to specific conditions, such as whether Texas was your last marital residence or through other constitutionally and legally valid methods.

Can Personal Jurisdiction Be Challenged Or Contested During A Divorce?

Yes, challenging personal jurisdiction is both possible and beneficial under certain circumstances. For example, if individuals do not have legal representation, they may give up their right to challenge personal jurisdiction, just because they aren’t aware of the potential consequences. On the other hand, there are situations where strategically waiving personal jurisdiction can help facilitate a smoother and mutually agreed-upon resolution.

In any case, it’s important to understand that challenges to personal jurisdiction should be raised early in the proceedings. Failing to do so may result in waiving the right to challenge it later, even if the outcome is unfavorable. Therefore, recognizing whether personal jurisdiction is a concern from the beginning is essential, as it can significantly impact the final outcome of the divorce proceedings.

While online resources and forms may assist those going through divorce independently, they cannot replace the nuanced legal advice and strategy offered by experienced counsel. This highlights the utmost importance of understanding elements like personal jurisdiction to proactively address potential issues that could either help or harm your case, depending on its specific circumstances.

For more information on Personal Jurisdiction Required For Property Division, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

Strategies For Success Before Divorce Proceedings

Fri, 20 Mar 2020 21:32:17 GMT

In this article, you can discover:

Why tracking time spent with your child is beneficial for custody arguments in divorce.
How testimonies from teachers and family members impact child custody decisions.
The significance of both parents’ presence in a child’s life according to court considerations.

Should A Parent Track The Time Spent With Their Child Before Filing For Divorce?

In the period leading up to a divorce, it is indeed beneficial for a parent to track the time spent with their child. This practice can be particularly helpful when one seeks to argue for increased child custody or visitation rights. However, it is not always feasible or realistic.

In some cases, a parent may not foresee the divorce and thus fail to track their time accordingly. Most parents don’t engage in such detailed tracking unless they’ve consulted with an attorney and understand its importance.

The critical aspect is to provide accurate information to your attorney about the current custody arrangement and your goals for the future. This approach allows for a realistic assessment and proposal to the court. It is essential to recognize that while tracking time can be beneficial, it is not always practical.

The Texas Family Code, for instance, presumes that non-primary parents should have a standard possession schedule, which may already provide significant contact with the child. Factors like the age of the child and the home environment, including any allegations of domestic violence, are also critical considerations in custody decisions. The court assesses all factors collectively, with certain aspects carrying more weight depending on the case specifics.

Can Testimony From Friends, Family, Or Teachers Be Used To Prove The Best Interests Of The Child?

Testimonies from friends, family, teachers, and others can be instrumental in demonstrating a child’s best interests. However, the quality and relevance of these testimonies are crucial.

Redundant testimonies, which do not add substantial value to the case, should be avoided to not waste court time. Instead, testimonies should be selected for their ability to provide specific, relevant insights into the parenting abilities and the child’s needs.

For example, a teacher’s observation about a parent’s responsiveness to a child’s needs can be more impactful than generalized statements of good parenthood. The goal is to complement other evidence and arguments with testimonies that offer concrete examples of parental care and involvement.

Does The Court Consider Both Parents Being Equally Present In The Child’s Life To Be Ideal?

The legal presumption generally favors the involvement of both parents in a child’s life, considered to be in the child’s best interest. This presumption extends to preferring parental custody over other relatives, like grandparents or aunts and uncles. However, this presumption can be challenged and overridden in cases involving abuse, neglect, or violence.

Allegations of such nature must be proven; frivolous claims made out of spite or to gain an advantage in court can detrimentally impact the case. Transparency and honesty with one’s attorney are paramount in these situations, enabling the attorney to prepare and present the case effectively. The goal is always to ascertain and advocate for what is genuinely in the best interest of the child, even in complex situations where parental involvement may be detrimental.

For more information on Best Interests Of The Child Standards, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.

Jurisdictional Challenges And Strategies In Texas Child Support Cases

Fri, 20 Mar 2020 21:22:51 GMT

In this article, you can learn about:

The difference in the jurisdiction for child support cases from divorce jurisdiction.
Whether personal jurisdiction is needed for the court to have authority in child support cases.
How child support jurisdiction can be modified or challenged if circumstances change.

What Is Jurisdiction In The Context Of Child Support Cases?

Exploring jurisdiction in the context of child support cases within the Texas legal system is both interesting and complicated. While one might assume that a court handling a divorce automatically has jurisdiction over child support matters, that’s not always the case.

Section 6.305 of the Texas Family Code clarifies that jurisdiction over divorce doesn’t necessarily cover all aspects of child support, including financial support, health insurance, and other healthcare-related expenses. As a result, understanding jurisdiction is crucial in child support proceedings.

How Is Jurisdiction Established In Child Support?

Establishing jurisdiction, especially personal jurisdiction, is essential for the court to mandate child support payments. Personal jurisdiction means the court has authority over the person responsible for child support. This authority can be based on consent or other criteria like service within the state.

Because of this, it’s important to establish jurisdiction early on to ensure that the proper child support orders can be obtained.

What Factors Does The Court Consider When Determining Which Jurisdiction Should Handle The Child Support Case?

When it comes to figuring out which court should handle child support cases, especially when modifications are involved, you’ll encounter the concept of “exclusive and continuing jurisdiction”. This means that, in most cases, the court that first issued the child support order will continue to have authority over it.

There is a possibility of moving a child support case to a different court, but that can only happen if the initial court gives permission, which often depends on where the child and the involved parties live.

Can Child Support Jurisdiction Be Modified Or Transferred If The Circumstances Of The Parents Or Child Change?

If you’re dealing with a child support case in Texas and need to move or modify the order, you will usually have to go back to the court where the case started to obtain approval. In places like Tarrant, Dallas, and Denton counties, there are rules about where parents can live, so getting the court’s permission is essential if you’re planning to relocate.

You can make modifications to child support, but there’s a catch: you’ll need to demonstrate that there have been significant changes in your situation. What’s more, any changes to the child support order should be made in the best interest of the child.

Can A Parent Change The Jurisdiction Of A Child Support Case?

Yes, a parent can challenge the jurisdiction of a court in a child support case, primarily regarding personal jurisdiction. However, this challenge should be raised early, as failure to do so may waive the right to challenge jurisdiction later. Establishing clear and legally sound jurisdiction from the outset is crucial to avoid future challenges to child support orders.

What Happens If The Court Lacks Jurisdiction Over A Child Support Case, But A Parent Still Seeks Child Support?

If you’re looking to establish child support, it’s crucial to select a court that has jurisdiction over the matter. Generally, this means filing in a court where the other party resides and can be served within the state. This ensures that the court has the authority to handle your case.

For instance, if you live in Maryland and your ex resides in Texas, you can file for divorce and request child support in either Texas or Maryland. Just keep in mind that if you choose Texas, you would essentially be waiving your right to challenge personal jurisdiction in Maryland.

In any case, it’s important to consider that the rules may differ from one state to another. In some cases, it might be more advantageous to file in your state as opposed to the state where the other spouse resides.

This decision requires careful consideration of the specific circumstances. That’s why it’s strongly recommended to seek an initial consultation with a legal professional. During this consultation, an attorney can assess your case, providing insights into the best course of action and taking into account the facts you present. They may even advise you to consult an attorney in another state, depending on the situation.

Just be aware that any court issuing an order for child support must have personal jurisdiction over the respondent and that, if jurisdiction is not properly established, the child support order could be vulnerable to future legal challenges.

To avoid these complications down the road, it’s crucial to ensure that the court has the necessary authority to issue and enforce child support orders so that the orders are both secure and enforceable.

For more information on Jurisdiction For Child Support In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.

Jurisdictional Challenges In Child Conservatorship: When Parents And Children Reside Apart

Fri, 20 Mar 2020 21:21:01 GMT

I n this article, you can learn about:

The basis of jurisdiction in child conservatorship cases.
Home state jurisdiction hinges on the child residing there for at least six months.
The critical role of jurisdiction in delineating parental roles in child custody cases.

Understanding the varied aspects of child conservatorship and possession is vital in child custody cases, particularly in Texas, where commonly used terms and concepts differ slightly from popular usage. In Texas, “child custody” encompasses four main areas:

The rights and duties of each parent.
The determination of possession. (This includes visitation and parenting time.)
Child support.
Health and dental insurance provisions.

So, when we talk about conservatorship, we’re talking about the process of assigning the rights, duties, and responsibilities that each parent will hold.

From a bird’s eye view, this includes decisions like:

Whether the parents will be joint managing conservators, sole managing conservator, or have specific access rights to their child.
When and how they can interact with their child.
Whether they make decisions individually or jointly with the other parent.
Where they need to find common ground.
And more…

These determinations are vital for successful co-parenting, which means that parents going through a divorce face critical decisions when it comes to this topic. As such, it’s important to have a clear understanding and establishment of jurisdiction. Per the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), there are four bases for in rem jurisdiction in terms of the conservatorship and possession portion of a custody battle.

Home State Jurisdiction

The concept of “home state jurisdiction” serves as the primary and most simple basis for jurisdiction. In essence, it means that a state can claim jurisdiction over matters related to conservatorship and child possession, if it’s the state where the child has lived with a parent for at least six months before the legal proceedings. Therefore, the key question initially revolves around confirming the child’s residence in that state for the past six months to determine if jurisdiction is applicable.

Out Of State Jurisdiction

If the child hasn’t lived in the state for the past six months, a Texas current court won’t have the authority to handle your case, and you’ll need to consider other possible courts. The key question then shifts to determining where the child has been living for the preceding six months. This residence can grant a specific state or court the power to address matters concerning parental rights and conservatorship.

In this scenario, if the child has been residing in New York for the past six months, New York might be a potential jurisdiction, but not Texas. The key criterion is the state where the child has lived with a parent for a minimum of six months.

No Clearly Defined Home State

When a child does not have a clearly defined home state, the significant connection test comes into play. This test ascertains whether the child and at least one parent have a substantial link to another state beyond mere physical presence.

This requires documentation of more than just transient stays or connecting flights. Key aspects of the child’s life, such as care, protection, training, and personal relationships, must have demonstrable evidence in the state, thereby establishing a significant connection that warrants jurisdiction.

Default Jurisdiction

There are situations where other jurisdictional criteria may not apply, leading to the use of ‘default jurisdiction.’ Under the UCCJEA, a court can exercise its default jurisdiction when all other courts with potential jurisdiction, based on the child’s home state or significant connection, decline. A valid refusal from the court that could have jurisdiction must be present to invoke default jurisdiction, whether in Texas or any other applicable state.

Through these diverse jurisdictional avenues, the rights and responsibilities of child conservatorship, custody, and visitation rights are carefully examined and allocated. This process ensures that parental authority is clearly defined, promoting smoother co-parenting and role clarity, especially during the challenging times of divorce proceedings.

With all this in mind, it’s important to remember that establishing jurisdiction isn’t just a procedural requirement; it’s a crucial step in safeguarding the integrity of orders concerning children, ensuring their enforceability and stability. Therefore, meticulous evaluation and attention to these details are paramount when navigating child conservatorship and custody matters within legal proceedings.

For more information on Jurisdiction For Child Conservations And Possessions, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.

Jurisdiction In Texas Child Conservatorship And Possession Cases

Fri, 20 Mar 2020 21:19:34 GMT

In this article, you can discover:

The primary basis for establishing jurisdiction in your child conservatorship case.
How jurisdiction can change when a parent or the child relocates.
How conservatorship orders are enforced across state lines.

How Is Jurisdiction In Child Conservatorship And Possession/Access Cases Established?

Jurisdiction for child conservatorship and possession/access cases is rooted in the child’s residency. The primary factor is the ‘home state’ where the child has resided with a parent for at least six consecutive months prior to any legal proceedings. If a home state cannot be established, the focus shifts to a ‘significant connection’ jurisdiction.

This requires that the child and at least one parent, or a person acting as a parent, have substantial ties to the state that are more meaningful than mere physical presence. It involves tangible evidence within the state regarding the child’s care, protection, training, and personal relationships, such as school records and medical documentation.

In instances where no home state or significant connection can be determined, Texas can claim ‘default jurisdiction.’ This can only occur if no other court holds jurisdiction, or if a court exists but has declined to exercise its jurisdiction over the case.

How Does A Court Establish Jurisdiction When Parents Live In Different States Or Counties In Child Conservatorship And Possession Or Access Cases?

For cases where parents reside in different states, jurisdiction follows the guidelines of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which Texas, along with most states, has enacted. The decision-making process remains centered on the child.

The child’s home state takes precedence, and the presence of a parent in Texas does not itself confer jurisdiction if the child lives out of state. If the home state declines jurisdiction, then Texas might step in.

International cases introduce more complexity, particularly with countries that are not Hague Convention signatories, necessitating specialized legal advice to navigate the intricacies of international law. It’s important to understand where the child and the other parent are located, as this significantly influences the Texas court’s jurisdictional authority.

What Factors Does A Court Consider When Determining Which Jurisdiction Should Handle The Child’s Conservatorship Or Possession Access?

When determining jurisdiction for a child’s conservatorship or possession access, a court primarily looks at residency. This involves not just where the child is living, but with whom—be it a parent or another person in a parental role—and for how long.

Absent a clear residency, the court assesses the child’s significant connections to the state. This encompasses a variety of engagements, such as the child’s involvement with local community institutions, regular activities, and any other relevant ties to the state.

These connections need to be more substantive than casual visits. If neither residency nor significant connections criteria can be applied, the court then turns to the default jurisdiction, which depends on whether other courts have expressly declined jurisdiction, as evidenced by legal documentation or court orders.

For more information on Jurisdiction In Child Conservatorship Cases, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.

Modifying Jurisdiction In Child Conservatorship Cases

Fri, 20 Mar 2020 21:18:24 GMT

In this article, you can discover:

The modifications to jurisdiction that occur due to parental relocation.
The process for changing court jurisdiction in conservatorship cases.
How conservatorship orders are enforced when parents live in different states.

Can Jurisdiction For Child Conservatorship And Possession Be Modified If Circumstances Change, Such As Relocation?

Jurisdiction can indeed be modified under certain circumstances, such as relocation. The court that established the original order maintains exclusive and continuing jurisdiction. If there’s a significant change, like the parents moving out of the initial area, the case must originate in the original court, which may then approve a transfer.

Relocation can be complex because district courts often set geographical restrictions based on the child’s primary residence. If a parent intends to move, they must either obtain an agreement from the other parent or initiate a modification case for the court’s permission. You might consider transferring the case when a relocation is agreed upon or permitted.

Additionally, if the non-residential parent moves away, the geographical restriction may be lifted automatically, negating the original purpose of keeping the child within proximity for both parents to maintain a relationship.

Under What Circumstances Can A Parent Change The Court Jurisdiction In Child Conservatorship And Possession?

A parent can challenge the jurisdiction of a court in matters of child conservatorship and possession. This might happen if another court is involved or there’s a contention that jurisdiction should be elsewhere—perhaps in the child’s home state.

These jurisdiction objections need to be raised in a specific way. It’s crucial to recognize the importance of jurisdiction early on because it ideally should be addressed before other proceedings. If not contested, the court will proceed with the assumption of jurisdiction, so understanding where each party is located and assessing jurisdiction is vital to preparing for a conservatorship case.

Can A Court Enforce A Child Conservatorship Or Possession Order When One Parent Resides In A Different State?

Indeed, the court can enforce such an order. Courts understand that as children grow, situations change. Thus, they allow for modifying, clarifying, and enforcing orders. Enforcement becomes more complex if a parent lives abroad; it may involve the Hague Convention and specific international legal procedures.

It is essential to know whether the foreign country is a signatory and the particular aspects of the Hague Convention they adhere to. For different states within the U.S., the Uniform Child Custody Jurisdiction and Enforcement Act guides enforcement. The jurisdiction remains with the original court, and any enforcement action must start there, even if the child has moved to another state.

For more information on Modification Of Jurisdiction In Child Conservatorship Cases, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

Jurisdictional Nuances In Child Conservatorship And Possession Cases

Fri, 20 Mar 2020 20:57:19 GMT

In this article, you can learn about:

The basis of jurisdiction in child conservatorship cases.
Home state jurisdiction hinges on the child residing there for at least six months.
The critical role of jurisdiction in delineating parental roles in child custody cases.

The rights and duties of each parent.
The determination of possession. (This includes visitation and parenting time.)
Child support.
Health and dental insurance provisions.

So, when we talk about conservatorship, we’re talking about the process of assigning the rights, duties, and responsibilities that each parent will hold. From a bird’s eye view, this includes decisions like:

Whether the parents will be joint managing conservators, sole managing conservator, or have specific access rights to their child.
When and how they can interact with their child.
Whether they make decisions individually or jointly with the other parent.
Where they need to find common ground.
And more…

Home State Jurisdiction

Out Of State Jurisdiction

No Clearly Defined Home State

Default Jurisdiction

For more information on Jurisdiction For Child Conservations And Possessions, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.

Best Interests Of Your Child In Custody And Visitation Matters

Fri, 20 Mar 2020 20:55:57 GMT

In this article, you can discover:

How Texas law and the Holly vs. Adams case guide custody decisions based on a child’s well-being.
The importance of evidence in demonstrating a parent’s commitment to a child’s needs and development.
Key factors considered by the court, including parental abilities, home stability, and the child’s preferences.

How Does The Court Define The Best Interests Of The Child As It Relates To Visitation And Custody Matters?

In the context of visitation and custody matters, the Texas Family Code emphasizes that the child’s best interest is the primary consideration. This involves assessing possession, access, and conservatorship (commonly referred to as custody). The Code outlines specific factors, but the Holly vs. Adams case is often cited for the most commonly considered factors, known as the Holly factors. These include:

The child’s desires
The child’s current and future emotional and physical needs
Potential emotional or physical dangers from a party
The parental abilities of those seeking custody
Available assistance programs
Plans for the child
Home stability
The appropriateness of the existing parent-child relationship
And more…

Proving these factors requires understanding your child’s situation before the case, focusing on who has been fulfilling their needs. This process may be challenging for parents accustomed to unilateral decision-making, as a custody battle involves relinquishing some control to the judge’s discretion.

The decision focuses on the child’s overall circumstances, considering factors such as the environment provided by each parent, their skills, goals, and past care for the child. In Texas, additional factors are also considered, with an overall goal of determining a scenario that serves the child’s best interest, both currently and in the future.

What Evidence Can Be Used To Support The Best Interests Of The Child?

Evidence to support the child’s best interest varies with the child’s age. For infants, it includes who attends to night feedings, doctor appointments, and health-related issues. As the child grows, factors like educational involvement, attending school events, and day-to-day care become relevant. Work schedules, especially if they conflict with childcare, and mental health management are also considered.

Documentation such as attendance records and grades can be pivotal. These records may indicate which parent ensures timely school attendance and involvement in the child’s academic life. Parent-teacher meeting reports can show parental involvement in education. Testimonies from family members or friends can support a custody claim, especially if they provide specific, impactful incidents demonstrating a parent’s prioritization of the child’s needs over their own.

The goal is to present evidence that portrays a parent’s ability to provide a safe, stable, and nurturing environment, going beyond mere assertions of being a good parent. This evidence aims to convince the court of a parent’s commitment to supporting the child’s dreams and accomplishments in a respectful and nonviolent environment.

For more information on Considering The Best Interests Of Your Child, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.