• Meet Your Advocate

    Attorney Susham Modi works tirelessly to help you during this time.

    Attorney Modi
  • Help with Immigration

    Our firm offers clients the compassionate care they deserve.

    Cases We Handle
  • Keep Your Family Close

    Turn to us when deportation threatens you and your loved ones.

    Deportation Defense
  • Get the Help You Need

    Begin working with an immigration lawyer that fights for your rights.

    Contact Us

Immigration FAQ

Commonly Asked Questions Answered by our Houston Immigration Attorneys

My family member has been placed in immigration detention, how do I find out where they are?

This is a common issue that occurs family members, loved ones, and friends who have been placed in removal proceedings. The best thing to do is to go to locater.ice.gov and search if your friend or family member is there by entering there A# (which stands for their Alien number, a common identifying number used for immigration purposes) and country of birth. Otherwise, you may also search by there biographical data but would need the persons full name, date of birth, and country of birth. Please note that the online locater is not instantly updated at the time the person is placed in immigration detention and due to this lag time it is best to also contact the local immigration detention center in the city that you think the individual is located within. It may take a few days for them to be processed and finally put in the system. It is also advisable to retain a competent attorney to not only help locate the individual but also if they are placed in immigration detention it may mean that the U.S. government may have instituted removal/deportation proceedings against that person.

Can I get a bond for my family member in immigration detention so that they can be freed from confinement?

It depends on the specific circumstances of each case. If an individual is not subject to mandatory detention (under INA section 236(c)) then it may be possible to receive bond. Moreover, it is best to have a competent immigration attorney assist with any bond motion as there are several elements or requirements needed for such a motion. Please also note that bond amount is discretionary even if approved by the immigration judge and can vary depending on the judge and specific circumstances of the case. It is also important to note that parole may be possible under specific circumstances as well. If parole is approved, which is at the U.S. governments discretion, then no dollar amount will need to be paid for release.

I have been in the United States since I was a child, can I apply for DACA for the first time?

Unfortunately, DACA due to the Trump administration is no longer possible to apply for at this time. However, please note that there may be other options possible for you so in all circumstances it is always best to have a competent attorney evaluate and provide a legal consultation if you believe you may have an option to have legal status. Moreover, there is currently discussion with Congress about potentially passing the DREAM Act and if such law passes it is important to have your case analyzed by an immigration lawyer to determine if you are eligible for it.

I’m afraid to go back to my country. I entered the U.S. 15 years ago, can I apply for asylum?

Although subjective fear of return is one requirement for asylum, there are several other requirements in order to be granted asylum so it is highly advisable to have a consultation with a competent immigration attorney. One such other requirement is that an applicant for asylum apply within 1 year of arriving in the United States so this is an issue in this scenario as well as the person entered 15 years ago. However, another reason it is important to have a legal consultation with an immigration attorney is that an exception to the one year filing requirements may apply. There are generally two types of exceptions, one is based on extraordinary circumstances and another on changed country conditions. For more information on both or asylum law generally, please feel free to contact our law firm and set up a paid consultation.

I’m outside the United States and engaged to a US citizen, can I enter on a visitor visa to get married and a green card in the US?

It is not advisable to enter the United States on a visitor visa if you have the intent while entering to be on a green card based on marriage. This is very important because if such an attempt is based, Customs and Border Protection (CBP) can charge you with misrepresentation of an immigration benefit due to lying about the temporary intent of entering on a visitor visa as opposed to the real intent of applying for your (conditionally) permanent green card and may potentially remove you under expedited removal. Should this occur it will have severe consequences for any future immigration application including any marriage based application. Therefore, it is best to apply if eligible through consular processing for any fiancée visa or if you both get married, marriage based I130 and consular processing.

My visitor visa is expiring, can I apply for a F-1 student visa?

Generally individuals who are in status and have no other immigration or criminal bars can change status. That being said, recently this year there was a new policy of any change of status to F-1 that the applicant have to be in status within 30 days of the program start date. This can adversely affect any visa that may expire in the meantime such as a visitor visa which may expire by the time the F-1 student visa is decided by USCIS. Due to these complexities, it is best to have a consultation with an immigration attorney and have an immigration attorney assist with that application.

I never knew I was in deportation proceedings but I now have recently heard I have an order of removal. What, if anything, can I do to fix this situation?

This is an excellent question but rather complicated one. If you never knew you were in deportation proceedings and received no notice of your court hearing date that could be the reason you were ordered removed, based on in missing your court hearing date. If it’s at no fault of your own including that your address was updated, then you may be able to apply to reopen your removal proceedings based on lack of notice. Please note a motion to reopen and/or reconsider can be very complicated, may have time and number bars, and thus it’s best to consult with an immigration attorney about your options.

I applied for a visa which is pending currently, but just now have reviewed what my previous lawyer sent to USCIS. I’ve discovered it’s nothing I approved and the prior lawyer made up everything. What can I do?

If your previous attorney, any notario unlicensed to practice law or any other person submitted false information to USCIS about you then it is imperative you immediately contact an attorney. An attorney may be able, if applicable, amend your USCIS filing while it’s pending under the doctrine of timely retraction or depending on the strategy of your case it may be best to withdraw the case instead.

I work at a gas station and it was recently robbed at gunpoint when I was working, can I apply for a U visa?

We’re sorry to hear about this unfortunate circumstance. In certain cases, people even if undocumented may apply for a U visa. To be eligible for a U visa that person must be the victim of a crime that occurred in the U.S., is a serious qualifying crime, has been substantially physically or mentally harmed and has cooperated with law enforcement. In terms of cooperating with law enforcement, the first step or prerequisite to filing a U visa is obtaining a U certification from law enforcement such as if you reported to the police this incident and continued your cooperation with them so that they can pursue this perpetrator. It is best to retain a competent immigration lawyer for this entire process and determine your individual eligibility.

I want to invest in a business in the United States, can I get a visa or other way to stay in the US? If so, can my family come with me?

Our law firm has worked on investor visas. Generally speaking there are two main types of investment visas. One is an E-2 investment visa which is only for individual’s born in certain countries and the second is an EB5 investment which ultimately may lead to legal permanent residence (a conditional green card and then normal green card if conditions are later removed). Each investment application is very different in terms of the amount invested, source of funds documentation, the place of filing, applicable procedures, and even if the investment can be passive or as an active or direct investment. It is very important and advisable to consult with an knowledgeable immigration attorney about any investment visa prior to applying.

Disclaimer: This is general advice only, and it does not constitute legal advice on any specific case. Each individual case is unique and must be judged on its merits. By viewing this website, no attorney-client relationship is formed or implied by this site, these FAQ’s or any other part of this website. Additionally, please note any of these topics or subjects may change over time.

  • Meet Your Advocate

    Attorney Susham Modi works tirelessly to help you during this time.

    Attorney Modi
  • Help with Immigration

    Our firm offers clients the compassionate care they deserve.

    Cases We Handle
  • Keep Your Family Close

    Turn to us when deportation threatens you and your loved ones.

    Deportation Defense
  • Get the Help You Need

    Begin working with an immigration lawyer that fights for your rights.

    Contact Us
The Modi Law Firm - Houston Immigration Attorney
Located at 1415 North Loop West, Suite 612
Houston, TX 77008
View Map
Phone: (832) 514-4030
Website: http://www.themodilawfirm.com/
© 2017 All Rights Reserved.

When You're

Ready to talk

Our firm is ready to listen. Call to Schedule a consultation today.

Call Now 832.514.4030
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.