Whittenburg Law

A lawful immigrant is a person from another country who is given the privilege to live and work permanently in the United States. Generally speaking, in order to obtain this status, first the USCIS must approve a petition filed for you, normally filed by an employer or a relative. Then an immigrant visa number must be available to you. If you are already in the United States, you may be able to apply to adjust status inside the United States. If you are not eligible to adjust your status, or if you are outside the United States, you will generally be required to appear at a U.S. Embassy or Consulate for processing of an immigrant visa. To learn more, speak with an experienced immigration attorney.

To become a citizen of the United States, an individual:
• Must be 18 years of age
• Must be a Lawful Permanent Resident for 5 years
• Must be a person of good moral character
• Must be able to read, write, speak, and understand English
• Must be able to demonstrate fundamental knowledge of U.S. History and Government.

However, there are some exceptions. For example, if you are 50 years old and have been a Lawful Permanent Resident for 20 years, or if you are 55 years old and have been a Lawful Permanent Resident for 15 years, it may not be necessary to take a written test in English – but you must still demonstrate some knowledge of U.S. History and Government in the language that you prefer. There are other exceptions as well. To learn more, speak with an experienced immigration attorney.

In the United States, a notarios is not a lawyer. Notarios don’t have the capacity to help people with legal cases. For this reason, it is unlawful for notarios to handle legal cases – including, of course, immigration cases. Although a notario is also a lawyer in Mexico, a notario is not also a lawyer in the U.S. The main responsibility of a notario in the U.S. is to certify documents, and confirm the identity of the people signing the documents. A notario simply does not have the same capacity as an attorney, and they are prohibited by the State of Texas from handling legal cases. Unfortunately, there are many notarios who ignore the laws and offer immigrant services. These notarios exploit people and often times severely damage people’s immigration cases. For many people who have been harmed by notarios, there is simply no immigration remedy available. In Texas, the Attorney General investigates and prosecutes cases involving notarios who handle immigration cases. Be aware of notarios. They may charge less for immigration cases, but this is no comfort when you are in removal proceedings before an immigration court. If you have an immigration case, make sure the person handling your case is a lawyer.

If you are present in the U.S. without lawful status, you should be aware of the consequences of traveling abroad. Under U.S. immigration law, if you are present in the U.S. unlawfully for more than one year and you are an adult, you have what I call “strike one.” From there, once you leave the U.S. for any reason, you will have “strike two.” This means that you will subject to a ground of inadmissibility for a period of ten years.

There is a waiver that you can seek during the ten year period of inadmissibility, but it’s not easy to obtain. Meanwhile, if you come back, or even try to come back, to the U.S. without a waiver or without lawful inspection and admission, you will have “strike three” and you will be subject to a permanent ground of inadmissibility. To learn more, speak with an experienced immigration attorney.

Section 245(i) of the Immigration and Nationality Act (INA) allows for adjustment of status in the United States with payment of a $1,000 fine. In order to apply under section 245(i): (1) a petition or application on behalf of the alien, or the alien’s spouse or parent, must have been submitted on or before April 30, 2001; (2) the petition must have been approvable when filed; (3) the applicant filing under section 245(i) must have been present in the United Stated on December 21,2000 (if the petition or application was submitted after January 1998).

If these prerequisites are met, and if not otherwise inadmissible, the applicant may file an application to adjust status inside the United States and submit payment of the $1,000 fine. Furthermore, if a child may have qualified as a derivative, but aged-out upon turning 21 years old, there may be a chance that he or she could later adjust under section 245(i) through a different petition. For many who cannot adjust under section 245(i), Consular Processing will be necessary. Pursuing status through Consular Processing may lead to a ten year period of inadmissibility, and a filing an application for a waiver will be necessary. To learn more, speak with an experienced immigration attorney.