phannguyen

Removals to Vietnam: What You Need to Know Right Now

Tue, 21 Apr 2026 02:28:23 GMT

You came to the United States for a better life — for your family, for your future. And now you're hearing news about removals to Vietnam, and fear is creeping in.

You are not alone. And you do not have to face this without help.

Removals of Vietnamese nationals to the United States have been a long-standing and complicated issue — and the situation is shifting. If you or someone you love is Vietnamese and has concerns about deportation or removal, this guide is for you. We want you to understand what's happening, what your rights are, and what options may be available to you.

What Is Happening With Removals to Vietnam?

For years, the United States and Vietnam had an agreement that limited removals of Vietnamese nationals who arrived in the U.S. before July 12, 1995 — the date the two countries normalized diplomatic relations. Under that framework, many long-term Vietnamese residents were protected from deportation even if they had a final order of removal.

That protection is no longer guaranteed.

In recent years, the U.S. government has taken steps to expand removals of Vietnamese nationals, including those who arrived before 1995. Immigration enforcement priorities have shifted, and Vietnamese immigrants — even those with deep roots in the United States — are increasingly at risk.

If you or a family member has a prior removal order, a criminal history, or has been living in the U.S. without legal status, now is the time to understand where you stand.

Who Is Most at Risk?

Not every Vietnamese immigrant faces the same level of risk. Those most likely to be targeted for removal include:

Individuals with a final order of removal already on file — even old orders that were never executed
Vietnamese nationals with criminal convictions — including older convictions that may not have felt serious at the time
People who entered the U.S. without status or overstayed a visa
Those who have previously been detained by ICE
Individuals who received a notice to appear (NTA) in immigration court but did not attend their hearing

If any of these situations apply to you or someone you love, do not wait. The time to act is before something happens — not after.

Your Rights if You Are Facing Removal

You have rights. Even if you are undocumented. Even if you have a prior removal order. Even if you have a criminal history.

Here is what you need to know:

You have the right to an attorney. The government is not required to provide you one in immigration court — but you have the right to hire your own. An experienced immigration attorney can make a life-changing difference in your case.

You have the right to a hearing. In most cases, you have the right to appear before an immigration judge before you are removed. Do not give up that right.

You have the right to remain silent. If ICE approaches you, you are not required to answer questions about your immigration status or history. You may say: *"I am exercising my right to remain silent and I want to speak with an attorney."*

You have the right to appeal. If an immigration judge orders your removal, you may have the right to appeal that decision to the Board of Immigration Appeals (BIA) — and potentially to federal court.

Knowing your rights is the first step. The second step is taking action.

What Options May Be Available to You

Every case is different. But there are several forms of relief that may apply to Vietnamese immigrants facing removal:

Cancellation of Removal

If you have been a lawful permanent resident for at least 5 years and have lived in the U.S. for at least 7 years, you may be eligible for cancellation of removal. Non-permanent residents may also qualify under different requirements — including 10 years of continuous presence and demonstrating that removal would cause exceptional hardship to a qualifying U.S. citizen or permanent resident family member.

Reopening Your Case

If you have an old removal order, it may be possible to file a **motion to reopen** your immigration case — particularly if circumstances have changed, you have new evidence, or your original hearing was not properly conducted. This is a complex legal process, but it has helped many people in exactly your situation.

Asylum and Other Forms of Protection

If you have a genuine fear of persecution in Vietnam — due to your religion, political beliefs, ethnicity, or membership in a particular social group — you may be eligible for asylum or other forms of protection such as withholding of removal or protection under the Convention Against Torture (CAT).

Adjustment of Status

If you have a qualifying family relationship — such as a U.S. citizen spouse, child, or parent — you may be eligible to adjust your status to lawful permanent resident, even if you have a prior removal order in some circumstances.

Voluntary Departure

In some cases, voluntary departure may be a better option than a formal removal order. Voluntary departure can preserve certain future immigration options that a removal order would close off. An attorney can help you weigh the consequences of each path.

Why Attorney Phan Nguyen Is the Right Choice

Attorney Phan Nguyen understands the Vietnamese community — not just professionally, but personally. As a Vietnamese American attorney serving DFW for over a decade, he has represented hundreds of clients with complex immigration histories, including cases others refused to take.

He speaks your language. He understands the cultural context. And he knows how much is at stake.

"After 28 years in the United States, I am finally becoming a U.S. citizen — and I owe it all to Attorney Phan. With a long history of criminal charges from my past, most lawyers turned me away… But Phan didn't give up. He fought with me, step by step, with honesty, strength, and real expertise."

That is the standard of representation every client deserves — no matter how complicated their history.

The Law Office of Phan Nguyen serves the Vietnamese community across DFW from three convenient office locations: Addison, Plano, and Grand Prairie. Consultations are available in English and Vietnamese.

Do Not Wait Until It Is Too Late

If you have a removal order — even an old one — or if you are living with uncertainty about your immigration status, the single most important thing you can do is speak with an experienced immigration attorney as soon as possible.

The options available to you today may not be available tomorrow. Immigration law moves fast, and so does enforcement.

Call the Law Office of Phan Nguyen at 469-465-2344.

We are here Monday through Friday, 9:00 AM to 6:00 PM. You can also visit us at nguyen-legal.com to book a consultation.

You don't have to face this alone. We are here for you.

Disclaimer: This is not legal advice. The information provided is for general informational purposes only. Immigration laws and enforcement priorities can change rapidly. For advice specific to your situation, please consult with a licensed immigration attorney at the Law Office of Phan Nguyen — call 469-465-2344 or visit nguyen-legal.com.

New Immigration Rules in 2026 Under the Trump Administration

Sun, 11 Jan 2026 05:26:17 GMT

1. Expanded Entry Restrictions & Travel Ban (Jan. 1, 2026)

Over 39 countries will be affected by this ban, which prohibits aliens from those countries from receiving visas or entering the US. Some are experiencing a full ban while other’s have a partial ban which targets visitor, student, and exchange visas.

This ban extends to people who were outside the U.S. on Jan 1 and do not have a valid visa. You can read more about this change and the countries it affects here .

2. Expanded Visa Bond Policy (Jan. 21, 2026)

The state department released a statement which says, "any citizen or national traveling on a passport issued by one of these countries, who is found otherwise eligible for a B1/B2 visa, must post a bond for $5,000, $10,000, or $15,000.

The countries that will be impacted by this bond can be found here . Once the visa holder has paid this bond, they will be required to enter the US at the entry ports, which can be found on the same page.

The decision to require a bond — and the bond amount — is made on a case-by-case basis by a consular officer, and factors in elements such as the applicant’s immigration history, prior overstays, and perceived risk of remaining in the United States beyond the authorized period.

This bond is not a visa fee and may be returned to the person if they leave the US on time and follow all the visa conditions. It must be paid after the visa application is approved and before the visa is issued.

3. TPS Status & Related Shifts (Early 2026)

Venezuela: The Temporary Protected Status (TPS) designation for Venezuelan nationals has ended, meaning many Venezuelans who used to have legal protection and work authorization are now at risk of losing status.

The Department of Homeland Security (DHS) has announced that former Venezuelan TPS holders may be eligible to apply for refugee status instead as part of a policy shift, but they still face uncertainty as they transition out of TPS protection.

Haiti: The TPS designation for Haiti is ending in early 2026, affecting roughly 350,000 Haitian nationals. Unless these individuals have another lawful immigration status, they will no longer be protected from removal and will need to prepare to depart the US. Critics point out that Haiti remains unstable, raising humanitarian concerns about the termination.

Burma (Myanmar): TPS for Burmese nationals is being terminated effective January 26, 2026, impacting nearly 4,000 beneficiaries who may lose their TPS protections and work authorization unless they secure another legal basis to remain.

4. Inflation-Based Fee Increases on Immigration Filings (Jan. 1, 2026)

All filings made after January 1, 2026, will be subject to new fees, and if these fees aren’t paid, then the applicant could face an outright rejection.

Annual Asylum Application Fee: $100, now $102
Employment Authorization Document (EAD) – Form I-765:
Initial EAD for asylum/parole/TPS — $550, now $560
Renewal/extension of parole EAD — $275, now $280
Renewal/extension of TPS EAD — $275, now $280
Form I-131 (Part 9) – Re-parole EAD:
EAD requested upon authorization of a new period of parole — $275, now $280
Form I-821 – Application for Temporary Protected Status (TPS): $500, now $510

5. Loss of Social Benefits for Lawfully Present Immigrants (Jan. 1, 2026)

Under the Big Beautiful Bill, an estimated 1.4 million people will no longer qualify for premium tax credits that help lower the cost of health insurance purchased through the Affordable Care Act (ACA) marketplaces.

As a result, while these immigrants may still be legally present in the US, their monthly health insurance premiums are expected to increase by a lot, making coverage less affordable or inaccessible for some.

This change applies to the 2026 health plan year and impacts people who previously relied on these subsidies to keep their coverage.

This policy change does not alter anyone’s immigration status and does not affect eligibility for immigration benefits. However, it does represent a big shift in access to healthcare support and may force many families to take another look at their insurance options beginning in 2026.

This is only the beginning of the year, and more immigration changes are expected throughout 2026, so it’s important that you stay on top of updates to the immigration process. Navigating immigration changes can be overwhelming, especially as policies continue to shift.

Early guidance can help prevent costly mistakes and missed deadlines. If you have questions about your options in 2026, speaking with an experienced immigration attorney can make a huge difference.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

Do Undocumented Immigrants Have the Right to Bond? Explained.

Sun, 04 Jan 2026 04:04:49 GMT

As a result of Maldonado Bautista v. Santacruz Jr. , people in removal proceedings who were denied bond in the past, just because they entered the country without inspection, can once again seek a bond hearing—at least as a matter of federal law.

The court certified a nationwide “Bond Eligible Class” and issued relief stating that class members are entitled to bond hearings. The decision involves undocumented immigrants who entered the U.S. without inspection , were not arrested at the border, and are not in mandatory detention for criminal or other specific reasons.

While the Department of Justice (DOJ) has reportedly told some immigration judges outside the Ninth Circuit to ignore the ruling, advocates and attorneys continue to rely on the court’s order to demand bond hearings and challenge unlawful detention in federal court.

Even though the DOJ has put up a fight, the ruling is binding on the Department of Homeland Security (DHS), not just a suggestion. At its core, this case emphasizes a long-standing principle: people should not be jailed without a chance to ask for release simply because of how they entered the country.

Maldonado Bautista is not the only case pushing back against the government’s attempt to deny bond hearings across the board. In the months since that decision, other federal courts have also rejected ICE policies that treated people who entered the country without inspection as automatically subject to detention with no chance for release.

Judges have repeatedly highlighted that immigration detention must be decided on an individual basis and that people cannot be locked up without an opportunity to ask for bond—even if that right must now be enforced in federal court rather than immigration court.

How can you get a bond as an undocumented immigrant?

1. Request a bond hearing

If the person is eligible, they or their lawyer must ask for a bond hearing with an immigration judge. This usually happens through the immigration court handling the deportation case. Sometimes ICE refuses to allow a bond hearing even when the law supports one, which is why having legal help can be very important.

2. Gather documents for the bond hearing

At the bond hearing, the judge decides whether the person is likely to attend future court dates and whether they pose any danger to the community. Helpful documents can include proof of family in the U.S., how long the person has lived here, work history, a clean or limited criminal record, letters from community members, and a stable place to live.

3. Go to the bond hearing

At the hearing, the judge listens to both sides. The government may argue that the person should remain detained, while the person or their lawyer explains why release is appropriate. The judge then decides whether to grant bond and how much it will be.

4. Pay the bond if it is granted

If the judge grants bond, a family member or friend must pay the bond to ICE before the person can be released. This money is usually returned at the end of the case as long as the person follows all court rules and attends all hearings.

5. Challenge the detention if bond is denied

If bond is denied—or if ICE claims the person is not allowed to ask for bond at all—the detention may still be challenged in federal court through a habeas petition. This allows a federal judge to review whether the government is lawfully allowed to keep the person detained without giving them a chance for release.

Challenging Matter of Yajure-Hurtado

In Matter of Yajure-Hurtado , the Board of Immigration Appeals (BIA) ruled that people who entered the United States without inspection—meaning they crossed the border without being formally admitted—are automatically treated as “applicants for admission” under immigration law.

Because of that label, the BIA concluded that immigration judges do not have the power to grant bond hearings to these individuals at all, no matter how long they have lived in the U.S. or how strong their family and community ties are.

Immigration judges are required to follow BIA precedent, which means Yajure-Hurtado led many judges to continue denying bond hearings. Maldonado Bautista , however, gives detained people a legal foundation to challenge that detention through habeas petitions. When someone is held in immigration detention and told they cannot get a bond hearing, a habeas petition may be their only way to fight back.

A habeas petition is a request filed in federal court asking a judge to review whether the government is lawfully allowed to keep someone detained. Unlike immigration court, which is part of the same system that ordered the detention, federal courts can independently examine whether the law and the Constitution are being followed.

If a judge finds that detention without a bond hearing is unlawful, the court can order the government to provide a bond hearing or release the person altogether.

If you believe that you or a loved one is being unjustly detained, an immigration attorney can help assess whether you are eligible for a bond hearing or federal court relief and take immediate steps to challenge unlawful detention. Acting quickly is essential, as challenging detention early can increase the chances of securing a bond hearing or release.

Even if the steps to get a bond seem easy, things can quickly become complex, so you should still consult a legal professional, if possible, to make your case as strong as possible.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

What the US Travel Bans Mean and Who Gets Stopped at the Border?

Wed, 31 Dec 2025 17:29:10 GMT

Travel bans are not new to the Trump administration; the president was known for his bans

back in 2017, which included countries like Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.

In the past, he has stated it was a move to counteract terrorism, but his new wave of bans in 2025 has been a part of his goal of securing the border. State Department spokeswoman

Tammy Bruce confirmed that the move was in response to countries that have not strengthened their passport vetting procedures, cooperated in accepting deported nationals from the US, and taken additional measures to ensure their citizens do not pose a threat to American security—there have also been comments made that the ban is being used to combat visa overstays.

One of the key differences in his 2017 vs. 2025 bans is the number of countries that will experience travel restrictions; in the past, only 7 countries were affected, but the new ban extends to 40 countries in total.

Some of these are full restrictions, while some are only partial; it’s important that you learn which countries are affected and what that means.

Back in June, Proclamation 10949 put full entry restrictions on 12 “high-risk” countries:

Afghanistan, Burma (Myanmar), Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen In a fact sheet published on the White House website , the administration added 8 countries to the full ban list and stated their “justification for full suspension.”

This includes (in order of appearance): Burkina Faso, Laos, Mali, Niger, Sierra Leone, South Sudan, Syria, and Palestine. Many of these countries are experiencing conflict within their own borders or have high overstay rates. If you’re not familiar with the consequences of a full ban, it comes in many shapes and sizes. One of the major impacts will be the block of most visas, like tourist or business visas (B-1/B-2), student or exchange visas (F, M, J), or work visas; even if someone already has a visa, there is still a possibility that they will be denied entry.

Although countries are listed in the ban, it’s not the actual nation that is banned, but more so their citizens; this means that it does not matter what country they’re traveling to the US from— if their country of citizenship is listed, they will be blocked.

There are still some exceptions to this rule, like US green card holders, diplomats, and people with dual citizenship travelling on a non-banned passport. This will block many refugees and asylum seekers, but there are also case-by-case waivers for international or humanitarian reasons, that is to say, you still should not rely on these waivers because they are very limited and given on a discretionary basis.

Even if it's not listed as an official consequence, these bans will undoubtedly lead to the separation of many families.

In the same proclamation from June, there are 5 countries listed as having a partial ban:

Burundi, Cuba, Togo, Turkmenistan, and Venezuela.

There is also a list from the White House fact sheet titled a “justification for partial suspension” for the additional 15 countries: Angola, Antigua and Barbuda, Benin, Cote d’Ivoire, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Tonga, Zambia, and Zimbabwe. In relation to visas, the categories most likely to be blocked by the ban are B-1 / B-2 / B-1-B-2 (tourism and short-term business visas) and F, M, J (students, vocational students, exchange visitors visas).

The exception to visa blocks is a little broader than the full ban and includes some work visas, US green card holders, diplomats, and people with dual citizenship traveling on a non-banned passport.

If you are currently a US citizen or green card holder, these bans will not affect you because

they are bans on nationals from that country, not travellers. Travel bans are usually discussed in complex policy terms, but their impacts are most clearly understood when coming to certain stages in the immigration process.

When countries are covered by the ban, first-time visa applicants will feel the effects most because embassies will stop issuing the banned visas.

International students will also face major complications, as many will have already been

accepted to universities, paid tuition, or begun their studies, but the block of student visas will likely cost them many opportunities, including their admissions spot or scholarships.

Those with family-based petitions are not guaranteed entry if their country is banned, which means the final step in the visa process may be blocked for an unknown period of time.

Although travel bans are painted as a broad security measure, most of the time, those who are stopped at the border are students, families, and individuals seeking safety or opportunity. The rules have been changing quickly; they can be hard to keep up with, vary by visa category, and include narrow exceptions and discretionary waivers.

The outcome for any individual case is not always obvious from the information that is given, and small details— such as the type of visa sought, previous travel history, or family ties in the United States— can make a significant difference in how a ban is applied. An immigration attorney can help break down how a travel ban applies to your nationality, visa category, and immigration history, and decide whether exceptions, waivers, or alternative pathways may be available. Legal guidance can also help families understand timelines, preserve eligibility, and avoid unnecessary denials or prolonged separation.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

Faces, Fingerprints, and DNA: How ICE is Using Technology for Immigration and Deportation Purposes

Wed, 26 Nov 2025 18:30:00 GMT

Starting on December 26, 2025, U.S. Customs and Border Protection will begin photographing everyone who travels to or from the U.S. and is not a citizen, meaning green card and visa holders will also be affected.

Non-citizens of all ages will be required to submit a photo at all U.S. entrances, including land borders, seaports, and airports. If you choose not to have your photo taken, then a border patrol agent will manually inspect your documents.

The Department of Homeland Security (DHS) has cited concerns about identity fraud and national security; the program is meant to modernize the process and make it more efficient. Once this information enters the system, it will be available to all government agencies, possibly including local police.

On top of this, DHS has also rolled out a mobile app to be used by officials such as ICE and USCIS officers. The “Fortify” or “FortID” app will be used to gather data in the field with no restrictions, unlike U.S. entrances. It will also be used to verify personal documents such as passports and driver’s licenses.

Facial recognition technology will also be put into effect at certain locations under DHS and police surveillance; this will affect everyone in the camera's range, not just non-citizens. Even though the policies are aimed at non-citizens, that doesn’t mean citizens will not be affected.

There is no clear statement on how this data will be stored.

DHS has also proposed a ruling to increase biometric collections with immigration applications, with the potential to collect data from citizens.

It would also remove the over-79 and under-14 age limits, which allowed some exemptions in the past. The definition of biometrics would be widened to include: fingerprints, DNA samples, voice prints, iris scans, facial recognition images, and behavioral and “genetic” identifiers.

This would apply to all people who are involved in an application, potentially including U.S. citizen sponsors. After collecting the data, it would be stored in a database until the applicant gets their citizenship, but that doesn’t mean it will automatically be deleted.

There is a possibility that this data may be stored for future usage in cases concerning national security or law enforcement purposes. It will also introduce an “extraordinary circumstances” standard, whereas in the past, immigration officers had discretion on how missed biometric appointments were handled.

It’s likely that this standard will be stricter on what qualifies for a rescheduling; otherwise, USCIS will outright deny or abandon an application. DHS will also have the authority to collect data during any arrest, detention, or other “encounter” ; what qualifies as an “encounter” has not been clarified, but may be in the final ruling. This broad term may possibly include home visits, traffic stops, or workplace raids.

Many critics have pushed back on this proposal, citing privacy concerns.

Public comments are open until January 2, 2026, and anyone can submit their opinion on the matter — you don’t have to be a citizen or disclose your identity. If you would like to take a closer look or submit a public comment, you can follow this link to get more details.

As DHS moves forward with these changes, it’s important to stay up to date with any new information that comes out and how it will affect your case, the way you travel, or your future filings. If you are unsure how this will affect your application or are just curious about how these changes will be put into place, you should contact an immigration attorney as soon as possible.

Consulting with a lawyer will give you a better understanding of your options and rights in a system that is changing quickly.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

Can Health Issues Jeopardize Your Visa Application to the United States?

Sun, 23 Nov 2025 03:08:12 GMT

The public charge rule has played a major role in immigration eligibility for over 100 years. The rule

outlines noncriminal factors that may lead to an applicant’s inadmissibility; it allows the government to deny visas and green cards for individuals it believes may not be able to financially support themselves.

It also introduced a new standard, which did not just depend on whether or not the applicant was already using these public benefits, but also on the probability that they would need to rely on them in the future .

A public charge determination is largely discretionary; it requires immigration officers to look at many factors to make their decisions, including but not limited to: age, financial status, family status, etc.

Although medical conditions have always been a public charge factor, recent changes in the

determination standard have increased the possibility of inadmissibility. One of the major shifts is how

financial independence is calculated; officers are now being asked to consider if the applicant can pay for their medical expenses for their whole life. This allows officers more power to determine whether or not health conditions will potentially become a public responsibility. In the past, the ability to work or be financially independent was the main factor in their decision; the new 2025 framework addresses chronic diseases as a whole.

This means that certain common chronic diseases may disqualify an applicant even if

it does not currently affect their financial status. Common diseases like obesity, diabetes, and mental

illness, which don’t typically affect people's work, may still be considered as a potential public charge in the future.

What benefits make you inadmissible?

Not all benefits that you may need are considered inadmissible— there are 2 kinds of government

assistance, and only 1 category applies. Non-cash benefits are not considered a public charge; this

includes the following.

(1) Most healthcare programs: emergency and non-emergency Medicaid , CHIP , low-cost clinics, and more will not make you inadmissible; however, there is 1 exception: if you use Medicaid for long-term institutionalization , this may make you inadmissible. Examples of long-term institutionalization are: staying in a nursing home, a mental health facility, or ongoing institutional care paid by the government.

(2) Food/nutrition programs: SNAP/food stamps , WIC , and food pantries/banks.

(3) Housing programs: Section 8 , public housing (Project-based rental assistance), and emergency

shelters.

(4) Employment/income programs: Tax credits, unemployment insurance, and workers' compensation.

(5) Education/child care programs: Public school, Head Start, and child care subsidies.

(6) Other non-cash benefits: Transportation vouchers , LIHEAP, and disaster/emergency assistance. What makes you inadmissible (including long-term care) are cash programs.

These programs are: SSI, TANF, and any “general assistance programs”. Although these are the current programs outlined, with the new rule, it may include non-cash benefits; the programs most likely to be affected are Medicaid, SNAP, and Section 8.

If you are worried about whether or not your need for these programs will affect your application, you

should contact an immigration attorney as soon as possible. Receiving any kind of assistance could harm your application under the new standard.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

Form EOIR-42B: Cancellation of Removal & An Alternative to Deportation

Mon, 15 Sep 2025 05:00:30 GMT

Cancellation of removal, Form EOIR-42B, offers an alternative to deportation and a pathway to citizenship for those who are eligible. Both aliens and legal permanent residents can apply to avoid removal.

Eligibility for Legal Permanent residents is determined by these factors:

Been a legal permanent resident for at least 5 years
Lived in the US continuously for 7 years after lawful entrance
No aggravated felony convictions
A favorable exercise of discretion

Eligibility for Non-Legal permanent residents:

Lived in the US for at least 10 years
Been a person of “Good Moral Character”
No convictions of specific crimes, e.g., Aggravated felonies, drug trafficking, crimes involving “moral turpitude,” etc.
Proof of extreme hardship on the family if removed
A favorable exercise of discretion

Though the requirements may seem straightforward, legal definitions complicate the process because they are attached to legal precedent. When a judge makes a ruling on a case, the decision serves as a guide for similar cases in the future. Judges follow the legal precedent because it helps keep decisions fair and gives a better picture of how the law should be applied.

Certain terms like “Good Moral Character” and “Aggravated Felony” have very specific legal meanings that are different from their everyday use; it’s important to seek legal advice to clarify how these terms may impact your case.

Because legal precedent has lots of influence over the decision of your case, it's important to stay up to date with new cases whose circumstances are similar to yours. Recently, a new precedent was established relating to cancellations of removal.

In Matter of Buri Mora I&N Dec. 186 (BIA 2025) , the applicants cancellation of removal was taken back because the Board of Immigration Appeals decided that he had not given enough evidence to prove his family would face significant hardship if he was removed. In this case, the man was daughter was diagnosed with anxiety and autism, while his 2 sons were found to have developmental delays; however, all 3 children were enrolled in early intervention to help manage their conditions.

Despite his childrens conditions, the board found that their US citizen mother— with the help of Medicaid— would be able to care for all 3 of their kids. This case clarified the qualification of “extreme hardship” in the immigration context, a lot higher standard than its typical usage.

Although precedents may serve as guidelines, each case is unique and decided with that in mind.

The cancellation process is tricky but offers a pathway to citizenship so if you think you may qualify, get in contact with an immigration attorney to discuss your options.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

I’ve been Detained, am I Eligible for Bond?

Thu, 11 Sep 2025 15:30:01 GMT

On July 8th, the Department of Homeland Security issued a memo eliminating ICE bonds for detained immigrants, including asylum seekers. This controversial order was challenged by many attorneys because a number of detentions were unwarranted.

The memo issued earlier this year references INA § 235(b), claiming no eligibility for bond hearings under INA § 236(a). However, this interpretation can not be applied to everyone who is detained; some individuals are considered removable under other sections and therefore are not subject to the restraints described in INA § 235(b).

The attorney general published a landmark precedent to clarify this distinction in future cases.

In the decision, known as Matter of Akhmedov , the alien is eligible for bond redetermination because the Board of Immigration highlighted that the memo applies to those removable under INA § 235(b), and he was ordered detained under INA § 236(a).

These aliens are eligible for a bond if they meet certain qualifications.

An Immigration Judge will determine whether or not they receive a bond based on these factors:

1) Are they a danger to the people or property?

2) Are they a threat to national security?

3) If given a bond, will they flee? The decision also hinted at how strict the guidelines will be.

The applicant was ultimately denied his request for a bond because he was unable to completely demonstrate that he was not a flight risk. His conflicting address history reports were the reason the board determined him to be a flight risk. If given a bond, they were not completely convinced he would return. In this case, he did not keep his address up to date when he moved, and this ultimately led to his bond denial.

Despite his denial of bond, this decision has emphasized some sections of the law. Though it has not changed, it solidifies the legitimacy of INA § 236(a) and other sections, which do not require mandatory detention without bond as outlined in INA § 235(b)— as referenced in the July memo. One of the major takeaways from this case is the importance of having up-to-date information filed.

Although there are no restrictions on whether or not you can move, this case serves as an example that a failure to report changes may lead to a denial of bond.

How do I know which applies to me?

If you were issued a Form I-286 (Notice of Custody Determination), it will state which section you are being detained under. INA § 236(a) typically applies to deportable aliens who have already been admitted into the US and are currently in removal proceedings. INA § 235(b) is the expedited removal, and applies to those who arrived without being admitted or arriving aliens who are undocumented.

Arriving aliens include people seeking asylum, and will be detained awaiting their interview to prove credible fear. Asylum seekers from within the US may be subject to INA § 236(a) instead.

If you are unsure of which category you fall under or think you may be eligible for a bond hearing, it’s best to contact a legal attorney for advice and support to help battle your case.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

Changes to ICE Arrests: Everything You Need to Know

Tue, 09 Sep 2025 15:30:05 GMT

Earlier this year, the Department of Homeland Security took away the 2021 special protections for sensitive locations. These locations include places of worship, schools, and workplaces.

There is a 3,000-people-per-day quota that they must meet, leading to many job sites being affected by these raids, ranging from farms to restaurants. At the beginning of this year, it was mainly those with a criminal background who were being detained, but data from recent months show that a growing portion of those detained have no criminal history.

This major shift has had many consequences, particularly for those with families and US citizen children. The department also highlighted the discretion of ICE officers, saying they can make common-sense judgements about the situation to determine whether or not they should move forward in a protected area.

These raids have been unpopular in some communities, leading to attacks on ICE officers. In response to these attacks, officers have been allowed to cover identification, including their badges and faces– officers have also been allowed to make arrests in their plain clothing. ICE officers, like regular police, are not allowed to enter your home without your permission or a warrant signed by a judge.

ICE agents may carry an “ICE warrant,” which is typically just an arrest warrant and does not allow for an involuntary search. The easiest way to tell which one you have is by looking at the top to see who issued the warrant, if it is a court then it is a judical warrant and may give them the right to enter your home, if it is issued by the department of homeland security, then it is an ice warrant which usually does not give permission to enter your home.

If they do not have a warrant, you have the right to reject consent to a search. There are other ways that you may be detained, for example, if a police officer pulls you over for a traffic violation, an immigration removal order may give them cause to detain you. In the case that you are detained, you still have the right to remain silent and to speak with an attorney.

It’s also important that you do not sign any documents unless you have thoroughly read and understand them. Despite claims that they are going after “the worst of the worst”, anyone who is undocumented is vulnerable to these arrests.

Laken Riley Act

Passed earlier this year, this bill introduces major changes to immigration laws. Even if you are not convicted of a crime, undocumented people charged with certain crimes may experience mandatory detention. This means that they will be held in ICE detention until the end of their immigration cases.

This change applies to specific crimes and includes, but is not limited to: theft/shoplifting, assault of a police officer, and crimes that result in death or serious injury. An accusation, even if false, can result in detention.

The act also prevents those detained on these charges from getting a bond.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

How will the Big Beautiful Bill affect immigrants?

Fri, 05 Sep 2025 15:45:00 GMT

The bill, also known as the H.R. 1 Reconciliation Bill, is a spending bill that causes major changes to the immigration system. One of the biggest changes, likely affecting all immigrants applying for status, is the new fee schedule— even applications that used to be free, such as asylum, have been heavily impacted by the bill.

The strain on finances is not the only effect caused by these fees, for individuals with filing deadlines, this can lead to a serious issue. If the wrong fee is submitted with your application, it may be immediately rejected, and without any extension, there will be no filing in the system, which may lead to a final removal order.

Some applications have experienced drastic changes. Some include:

I-765, Application for Employment Authorization, many categories, including those under DACA, will experience a $520 fee + additional fees, though certain waivers will still apply - EOIR-29, Notice of Appeal, will cost $1010 to file

EOIR-42, Application for Cancellation of Removal, Nonpermanent Residents will face a $1600 fee + additional fees, and Permanent Residents will face a $700 fee + additional fees - I-821, Application for Temporary Protected Status, will carry $500 + additional fees for first time applicants

These are only some of the changes made, so it's important that you check out the USCIS G-1055, Fee Schedule before submitting your application. The bill also introduced a new US integrity fee; this fee applies to all nonimmigrant visas (except official and diplomatic visas) and will be $250 per visa.

Travel Bans

Alongside fee increases, the administration has also issued travel bans for many countries in the name of national security. Those with a total travel ban are Afghanistan, Burma, Chad, the Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen. This means that no visas will be issued for nonimmigrants and most immigrants. There are also countries that are experiencing a partial travel ban: Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.

The administration highlighted concerns about the countries' processes of determining eligible travellers and said that they would be removed from the list if they increased security measures. Travel bans are used to prevent people from entering, leaving, or travelling through nations that may pose a risk to safety.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

US Admission in the Age of Social Media: Your Posts Matter More Than You Think

Mon, 01 Sep 2025 15:15:00 GMT

Over the past few decades, social media usage has skyrocketed with hundreds of different applications and nearly every individual owning some kind of social media account. It has allowed humanity as a whole to become even more connected and informed about global news.

Since his first presidential term, Trump has made an effort to issue travel bans to multiple countries, including but not limited to: Sudan, Myanmar, and Yemen; this effort continues with his second term. This is a part of his efforts to limit illegal US immigration and “protect national security”.

Just a few weeks ago, the administration issued a notice requiring F, J, and M visa applicants to have public social media accounts, again pointing to national security as the reason. Accounts will be looked at to find any “potentially derogatory information” but it doesn’t specify what would be considered. Accounts that take part in political activism will also be screened to see if their views are appropriate.

Although this mainly applies to students looking for education in the US, the investigation into social media accounts doesn’t end there.

Earlier this month, an Australian man was denied entry into the US after being detained for 12 hours, based on his views on the Israel-Gaza conflict. The man was questioned because he had posted his opinion on the Columbia protests.

He says he was asked “whether I have Jewish friends, whether I have Muslim friends, how I would resolve the conflict in the Middle East"— The Department of Foreign Affairs and Trade has also advised Australians travelling to the US that entry requirements are “strict”. Similarly, a French researcher was also denied entry into the US because of opinions he expressed with his coworkers and friends about the Trump administration’s policies. They were determined to be “hateful and conspiracy messages” and the reason that he was removed.

Green Card holders have also been experiencing issues with reentry to the US, earlier this year U.S. Citizenship and Immigration Services (USCIS) made a post confirming that green card holders will also have their social media accounts looked at and their status revoked if they are determined to be a “threat to national security”.

People have also been detained for other reasons; a green card holder was detained by ICE because his work group accidentally crossed into Canada after taking a detour due to road closures. The screening for reentry in the case of green card holders has also become stricter.

When we are behind the screen, sometimes we forget that what we share is a reflection of who we are. The spread of social media surveillance is a reminder of this and increases the risks of real-life consequences offline. The administration has stressed its focus on national security, but offers a vague description of what is considered a threat. Your digital footprint walks into the interview before you do, so you should be very cautious of what you choose to post online.

Every post you like or comment you make can become part of your immigration history in this digital age. If you are unsure about how your online presence may affect your status or reentry to the US, consider reaching out to an immigration attorney or nonprofit legal aid organization so you can gain a better understanding of your rights and options.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

Asylum in the United States: Times are Different, But Don't Give Up

Thu, 28 Aug 2025 15:30:00 GMT

Many people come to the United States every year to escape dangers from their home country. They are known as asylees or refugees— the difference is that asylees apply for status within the US while refugees apply for status outside the US.

The Trump administration has expanded their “fast-track” immigration policy and in their April 11th memo, allows judges to “pretermit legally deficient asylum applications without a hearing”— this grants more power to the judges, meaning it is up to them to decide whether or not a person’s application gives strong enough evidence to even be allowed to present their case to the court.

Issued earlier this year, Trump’s Executive Order 14159 requires all undocumented people, ages 14 and older, who have been in the US for over 30 days to register with the government and makes it a crime if you do not. The administration has highlighted that registration does not qualify as an immigrant status, and it can not be used to show that a person is allowed to work in the US. The executive order also

prioritizes the removal of people who have been in the US for less than 2 years.

There have also been multiple reports of ICE agents waiting outside of immigration court hearings to arrest people. For many, these are just supposed to be regular check-ins but when they arrive, their cases are dismissed and their opportunity for due process is taken away because they are immediately taken by ICE. The American Immigration Lawyers Association has reported this behavior in over 13 states, including Texas, New York, and California, even affecting people with no criminal background or seeking asylum. The Supreme Court has also recently ruled to allow the deportation of people to countries other than their homeland, if, for one reason or another, they can not be quickly returned. Many of these people refuse to go back to their home countries because of the harm that may come from their return, leaving them stuck in a foreign nation.

The US guarantees protection from “persecution” and a pathway to residency if the applicant meets the eligibility requirements. It is important that clearly prove you meet them. The requirements are:

1. To be within the US at the time of application

2. Apply for asylum, Form I-589, within 1 year of your arrival in the US

3. Provide evidence of well-founded fear of persecution

4. Persecution must be based upon a protected ground, which are:

Race
Religion
Nationality
Political opinion
Membership in a particular social group

What qualifies as “persecution”?

The United States Citizenship and Immigration Services (USCIS) gives its definition of persecution based on multiple factors including— how severe the harm is, why they are being harmed, who they are harmed by, and where they are being harmed. All of these elements are looked at on a case-by-case basis to see if they support the applicant’s claim of asylum.

Though persecution is a kind of harm, not all kinds of harm are considered persecution. To show that you experienced “persecution”, you must show that the harm or fear that you experienced was a serious amount. Who was responsible for your harm may help prove its seriousness.

For example, if the party responsible for your harm is the government or uncontrolled by the government, then this may help your argument for the severity of harm because it is unavoidable. It also has certain restrictions that you should take into consideration during your application, such as, the harm found has to be from your home country or a country where you have stayed long-term.

“Persecution on a protected ground”

This is section covers why you are experiencing harm from your home country, the commonly recognized reasons above are generally accepted, but because they do not cover all the reasons a person may be experiencing harm, it gives the opportunity to prove that you are instead a member of a “particular social group”, and that group is being targeted.

Similar to the other categories, membership in the group is usually something that they can not change about themselves. Particular social groups share a common trait that makes it obvious to the rest of the community that their group is different from the rest. It is important that you prove that the trait is specific and you can define it clearly.

An example of this would be disabled people, if they are being targeted for attacks or harm because they are disabled, this would be a good reason to apply for asylum. Although traits that you can see make your membership more obvious, invisible traits can also be defined and accepted. An example of membership in a particular social group where the shared trait is invisible would be the LGBTQIA+ community.

You can include letters from friends and family to confirm your identity and use news articles describing the danger to your community in your home country as evidence in your application.

Defensive vs. Affirmative Asylum Process

If you qualify for asylum, there are 2 kinds, and you might not be able to apply for both. Defensive Aslyum is available for people who are already in the process of being deported from the country, and you must file your application to the immigration judge at the Executive Office for Immigration Review (EOIR). Affirmative Asylum is available for people by their own choice and is not allowed for people who are already in immigration court, you must file your application with the United States Citizenship and Immigration Services (USCIS). If your application is denied by USCIS, you will be put into removal proceedings which starts your deportation process.

At that time, you will still be able to file another asylum application, but it will be a defensive application. The main differences between the 2 kinds of asylum are when you file the application, and who reviews it. Even if USCIS denies your affirmative application, that does not mean that the immigration judge who reviews your defensive application will as well.

Even if you meet all the requirements for asylum, there are some reasons you may be automatically denied. You will not be given asylum if you participated in the persecution of others, even if you were a part of the military and just following orders.

A clear example of this would be a former solider of the Nazi party, even if they were applying for asylum on different protected ground like race, they will not be given asylum because of their antisemetic actions. Similarly, if you are/were a member of a terrorist group or are a threat to US security, you will not be given asylum.

There are other case-by-case factors that play into the review of your application; if you committed a crime, depending what your crime was, it may disqualify you from asylum. In both application processes, you are allowed to get legal representation; however, even though you have the right to an attorney, one will not be given to you if you can not afford one. Navigating the U.S. immigration system can be difficult, so consider getting legal advice or help from an immigration attorney to make sure your application is as strong as possible.

Since the start of his presidency, Trump has taken away the status of hundreds of thousands of people. Recent policy changes may complicate the asylum process, but hope is not lost. Each case is different, and legal guidance can make a major difference, so reach out to an immigration attorney or nonprofit

legal aid organization to gain a better understanding of your rights and options. With the right support and a strong case, protection, or even a new start, is still possible. Don't give up on asylum, your story matters, and so does your right to be safe.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

At Risk of Deportation While Your Application Is Processing? Here Is What You Need to Know!

Tue, 12 Aug 2025 19:16:40 GMT

USCIS issued a Policy memo earlier in August alongside changes it made to the policy manual.

It has always been true that an approved or pending I-130, Petition for Alien Relative, does not grant immigration status. The changes are not in the actual policy but in how it is applied, in the past, I-130 applications were not used to find removable aliens, but now they are. This change will have the greatest effect on people filing their applications from inside the US. These changes will have the same effect on people who don’t have status and are applying for residency through a spouse.

A U-Visa is available for aliens who are victims or witnesses to certain crimes, who are willing to help with their investigation. Long application processing times alongside the administration's escalation of removal proceedings mean even those impacted by crime may be detained and subject to removal. For those who are victims of domestic violence (VAWA), withholding of removal is still available even if you are no longer with your abuser. This is available under these conditions:

You have been battered by your U.S. citizen or legal permanent spouse or parent
You have been physically present in the U.S. for at least 3 years
You are a person of good moral character
You have not violated certain other sections of the immigration laws
Removing you would result in extreme hardship to you, your children, or your parent

There is a lot of information and documentation that will be needed to prove your eligibility, so it's best to consult an attorney to help guide you through the process.

Those who are at the greatest risk of deportation are people who have been given final removal orders. Earlier this year, a man pursuing a green card was detained by ICE even though the first step of his application was approved. There have also been reports of detention after immigration hearings, even while a case is ongoing. The bottom line is, anyone who is out of status is at risk of detention.

Although this has always been true, there has been a recent increase in its enforcement. If you are unsure if you have a final removal order, you can go to the Department of Justice’s EOIR Case Automated Case Information website and enter your A-number to check if you have one and when it was issued. If you have a final order, it is best to talk with an attorney to get a better understanding of your rights and options.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

The New Wave of Third Country Deportations Under the Trump Administration

info@nguyen-legal.com (Phan Nguyen) — Tue, 22 Jul 2025 20:32:59 GMT

The Trump administration has pushed for the deportation of people to places they are not from.

This creates a troubling scenario, as most people have no connections in these third countries and often times do not speak the language. This puts people in the hands of whichever country is willing to accept them first. Earlier this year, the administration sent a group of people from all different backgrounds—

Vietnamese, Laotian, and Mexican, to name a few to South Sudan . Many courts attempted to block his order, but the Supreme Court reversed their orders and allowed the deportation of migrants to third countries.

Who is at Risk of a Third Country Deportation?

Though the administration claims that only the most hardened criminals will be sent to these third countries, any removable offense puts you at risk of being removed to these countries. In the 2008 repatriation agreement between Vietnam and the US, it outlined that Vietnamese people who arrived prior to 1995 would not be subject to removals to Vietnam despite their removal orders. Many of these individuals have been stuck in a metaphorical limbo where they are required to check in with immigration officers but have not yet been removed. Since his first presidency, Trump has reinterpreted the agreement to allow for their deportation, and with the recent Supreme Court ruling, there is a large possibility that these pre-‘95 cases will be removed to a third country since their home country, Vietnam, has refused to accept them.

What are the Dangers of Being Deported to a Third Country?

Besides being stuck in a foreign country, there is also a fear that deportees may be subject to torture in these third countries. This has been a defining issue in the lower courts' efforts to block these orders. South Sudan's long history of political instability presents dangers to the immigrants, whose safety is not guaranteed in the region.

Another conflict arises when individuals are given too short notice before their removal, not allowing them to present any credible fears to the nation— it's reported that some people were given just 6 hours' notice before their removal. Despite the short time frame, you will still be able to speak with an attorney if you would like to discuss your options. As of July 18th, the US has reached agreements with multiple nations to accept non-citizen deportations.

The eligible third countries, as reported by Axios, are the following: Mexico, El Salvador, Eswatini, Rwanda, South Sudan, Kosovo, Guatemala, Costa Rica, and Panama.

Several other countries are currently discussing their availability for non-citizen deportees. Earlier this month, a group of men were deported to the third country, Eswatini, and are currently being held in solitary confinement for an unspecified period of time. These individuals had criminal records that the country deemed as a threat to its citizens, and the nation is working to deport these individuals back to their home countries.

This policy will also have a major impact on withholding of removals and protection under the Convention Against Torture (CAT). Immigration and Customs Enforcement (ICE) argues that since these protections are from specific nations, people are eligible to be removed to third countries because the danger is not present there. Individuals with removal orders subject to ICE check-ins have also been reportedly detained after their check-ins, even if they had no issues in the past.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

Joe Biden's Parole-in-Place: Updates, Eligibility and Application

info@nguyen-legal.com (Phan Nguyen) — Thu, 29 Aug 2024 16:48:31 GMT

On August 19, 2024, the Biden Administration finally opened up their new Parole-in-Place (PIP) application, the I-131F, for submission. Due to the influx of applicants, the website to submit your application crashed the same day. Simultaneously, online forums were flooded with questions, helping immigration attorneys add new service to their firm.

PIP used to be strictly used for military families to adjust their status and stay in the United States if they had immediate family members serving in the military. This has now been expanded to cover most families who have immediate United States Citizen families.

To give a quick run down of the general eligibility, here’s the qualification list provided to us by USCIS:

The Applicant must be present in the United States without admission or parole;

Must have been continuously present in the United States for at least 10 years as of June 17, 2024; and
Must have a legally valid marriage to a U.S. citizen as of June 17, 2024
The U.S. citizen spouse must have been a U.S. citizen on or before June 17, 2024. If the spouse was a Lawful Permanent Resident on or after this date, and subsequently becomes a U.S. citizen, the non-citizen is not eligible to apply for PIP
Common law spouses may also apply for PIP, so long as the marriage took place on or before June 17, 2024
A marriage will be recognized as valid for the purposes of parole in place if it is legally valid in the place of celebration. However, there are circumstances where USCIS may not recognize a marriage as valid for purposes of parole in place, including, but not limited to:
Civil unions, domestic partnerships, or other relationships that do not confer the same legal rights and responsibilities to the parties as in a marriage recognized by a civil authority
Marriages that are contrary to public policy in the United States
This includes polygamous marriages and marriages involving minors, or marriages involving close relatives
Marriages where one or both parties to the marriage are not legally free to marry or have not given consent to the marriage
An applicant may be eligible to apply for PIP, even if their U.S. citizen spouse is deceased, as long as the marriage occurred on or before June 17, 2024, and the applicant has not remarried.
In addition, individuals must not have a disqualifying criminal history or otherwise constitute a threat to national security, public safety, or border security and should otherwise merit a favorable exercise of discretion (See below section on Exercise of Discretion).

Eligibility for Adjustment of Status

In the underlying June 18, 2024, declaration of the PIP program, it was noticed that to be qualified for PIP, the individual should be "generally qualified to change status".

In any case, the FRN and Structure I-131F never again expressly express this necessity as an essential to qualification and explicitly note that a full unacceptability screening will just happen during the Structure I-485 settlement. An applicant's criminal and/or immigration-related history will be checked through background checks to see if they are eligible for adjustment of status. As indicated above, while specific criminal unacceptability and earlier status history issues, like an EWI after a request for rejection, extradition, or expulsion, completely preclude a person for PIP, other potential prohibition issues won't be completely considered until the change of status stage.

In its FAQ, USCIS states "requesters don't have to show that they are not prohibited as a component of this cycle. Notwithstanding, USCIS might consider realities and conditions that might lead to one's unacceptability in presenting the defense by-case optional parole assurance, and requestors who thusly apply for change of status will be assessed for acceptability at that stage."

In addition, the FAQ mentions that certain grounds of inadmissibility, such as those under INA 212(a)(9)(B) and (C), may prevent a parolee from being adjustable.

It is critical to take note of that parole will be conceded for a time of as long as 3 years and DHS isn't thinking about a reparole interaction right now. As a result, a candidate who may not be eligible for adjustment of status may need to think about the effects of losing parole on their ability to stay in the United States and work.

Eligibility for Individuals in Removal Proceedings or with a Removal Order

People who are presently in expulsion procedures, including those whose cases were officially shut or are forthcoming allure before the BIA, can apply for PIP if generally qualified. After parole is allowed, the individual should do whatever it may take to have the expulsion procedures re-calendared, ended or excused to apply for change of status. Those people ought to contact their neighborhood ICE Office of the Foremost Lawful Guide (OPLA) to look for their concurrence with a movement.

Individuals with unexecuted last expulsion orders (counting somebody who neglected to follow an intentional takeoff) may apply for PIP however are thought of as possibly ineligible. These people might be able to disprove the assumption that they are ineligible by presenting facts or evidence that support granting them parole.

In assessing whether the assumption has been survived, USCIS will consider conditions connected with the expulsion request, (for example, absence of direction, age at the time the request was given, or the sufficiency of notice) and whether there are special conditions or relieving factors, (for example, language access issues, status as a survivor of viciousness, or absence of assets). The individual ought to think about making a motion to reopen the case with EOIR and seeking the agreement of ICE OPLA in the event that USCIS grants the parole request.

PIP is not available to individuals who were removed from the United States or left the country in violation of an outstanding order of exclusion, deportation, or removal and then entered the country again without being admitted or paroled.

The new form does not contain any inadmissibility screening questions; however, criminal and immigration history background checks will be carried out. USCIS doesn't guess that candidate data will be shared for implementation purposes, except if the individual is a public safety danger or falls into a requirement need class.

Exercise of Discretion

Even if an applicant meets all eligibility criteria, USCIS will nevertheless examine the totality of the circumstances to determine whether the applicant merits a grant of parole in place as a matter of discretion, based on a case-by-case analysis. The factors for which applicants may provide evidence to establish that they merit a favorable exercise of discretion include, but are not limited by, the following non-exhaustive list:

Community ties;
Advanced or young age;
Length of presence in the United States;
Status as a parent or caregiver of a U.S. citizen child or elderly parent or in-law;
Status as a caregiver for an individual with disabilities, including U.S. citizen in-laws or siblings;
Physical or mental condition requiring care or treatment in the United States;
Status as a victim of or witness to a crime or civil rights violation, or labor rights violation under investigation by a labor agency;
Impact on other family members, including family members who are U.S. citizens and Lawful Permanent Residents;
Status, or that of their U.S. citizen spouse, as a current or former member of the U.S. military; or
Other positive factors about which the requestor wishes to provide information.

Form I-131F includes the following item which applicants must complete to explain why they merit a favorable exercise of discretion. Note that the explanation must begin directly on the form (at least the first 750 characters) and that it may be continued in a separate document that may be uploaded at the “Additional Evidence You Want to Provide” section of the application.

The Biden administration’s Parole in Place program represents a significant step in addressing the challenges faced by undocumented immigrants, particularly those with ties to the U.S. military. By providing a pathway to temporary legal status, PIP helps keep families together and offers hope to those who might otherwise face deportation. If you or a loved one believes you might qualify for PIP, it’s essential to gather all necessary documents, submit a thorough application, and stay informed about the status of your case.

Navigating the U.S. immigration system can be complex, so consider seeking legal advice or assistance from an immigration attorney to ensure that your application is as strong as possible.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

Biden's Parole in Place: Everything You Need to Know

info@nguyen-legal.com (Phan Nguyen) — Wed, 03 Jul 2024 15:46:55 GMT

On June 18, 2024, President Biden announced a “parole-in-place” solution for spouses of U.S. Citizens who could not become citizens themselves. This program has not opened yet but when it is made available it will allow more than 500,000 people to receive temporary protections and work permits in the United States, but also allow them to apply for lawful permanent resident (LPR) status through their spouses without risking years of separation from their families.

So currently the law allows for U.S. citizens to apply for their non-citizen spouses to obtain permanent residency, this is pretty straight forward for immigrant spouses who were paroled into the United States or was caught at the border, or who was inspected after crossing the United States border.

Spouses of U.S. citizens are generally eligible for an immigrant visa as an “immediate relative of a U.S. citizen ” . The two would then adjust their status, pass the interview and then live happily ever after. However, this process is significantly harder for those that entered the United States without inspection, in the legal world they are considered to have entered without inspection “ewi”.

Under federal law, some immigrants—namely, those who have already been “inspected and admitted” , those who entered through an official port of entry, or “inspected and paroled” into the U.S.—can apply to adjust their status to permanent residency without having to depart the country to attend an immigrant visa interview at a U.S. embassy or consulate abroad. However, immigrants who entered without inspection do not have this option.

To get their lawful permanent resident status, they would have to leave the United States, go to a U.S. consulate abroad, and then get a new immigrant visa to reenter. If the immigrant has been in the U.S. for a while and they leave the United States it will often trigger years-long bar on legally being able to reenter the country to be reunited with their family.

To leave the country and not face this years-long ban, the immigrant would need to apply for a waiver to the bar in order to qualify to adjust their immigrant visas to come back to the United States. There is no guarantee that the waiver will be approved, and if the immigrant leaves before getting the waiver there’s no guarantee that they will be able to return, but if they don’t leave the country to go to the consulate, they essentially forfeit their lawful permanent resident application.

As of April 2024, these waivers are taking on average 41 months (3.5 years) to adjudicate these waivers.

What Biden’s new program is looking to do is allow for these EWI (entry without inspection) immigrants to be able to stay in the Untied States, get a work permit, and adjust their status without having to go through the hoops of leaving the country and triggering the bar.

This would mean that more immigrants who arrived EWI will be able to work and more importantly to the United States be able to pay taxes on the work they do. For the immigrants it means that those who entered ewi are now given the same chance and path to lawful permanent resident status as those that were paroled in or entered the U.S. through an official port of entry and was inspected.

So, all that is great, how does an immigrant get this? Who qualifies? How long will it take? How difficult is it to get it? What proof do you need to show?

Although, some things are still unclear.

But here’s what we do know, according to the June 18th announcement to be eligible you must be:

Have continuously resided in the United States since June 17, 2014;
Were physically present in the United States on June 17, 2024;
Have been legally married to a U.S. citizen as of June 17, 2024;
Entered the United States without admission or parole and do not currently hold any lawful immigrant or nonimmigrant status;
Have not been convicted of any disqualifying criminal offense;
Do not pose a threat to national security or public safety; and
Merit a favorable exercise of discretion.

Applicants will have to provide documentation proving that they meet the above criteria alongside their application form and pay a fee. However, it is not yet known exactly what forms of documentation will be accepted and what the fee will be.

The White House estimates that approximately 500,000 spouses of U.S. citizens will meet these criteria and will thus be eligible to apply for the new parole program. Additionally, children of applicants who are stepchildren of U.S. citizens will also be eligible for parole with their parents, adding 50,000 more potential beneficiaries.

Parole-in-place will give these individuals a genuine opportunity to receive the permanent residency for which they have theoretically been eligible for years or decades—and allow them to work legally in the United States while waiting for their immigrant visas to be approved. It will give much needed peace of mind and permanent solutions for not only these individuals, but their U.S. citizen spouses and, often, their U.S.-born children.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

Biden's Border Executive Order: What It Means for Asylum Seekers?

info@nguyen-legal.com (Phan Nguyen) — Mon, 10 Jun 2024 16:16:00 GMT

The U.S. Southern border extends 3,145 KM (1,954 Miles) and has always been a hot button issue for politicians over the years.

Over the last 8 years, all we we heard from the far-right camps is that our southern border is being overwhelmed by caravans of migrants , and that our immigration policies are weak and unable to stop the waves of drugs, migrants, and trafficking that happens everyday at our southern border.

Earlier this year the U.S. House attempted to pass a border security bill which was nearly identical to the one passed in previous year that would reinstate some of the Trump-era immigration policies. The border security bill was voted down 215-199, with five (5) Democrats voting alongside all Republicans in rejecting this bill.

Exhausted by the politics President Biden has announced New Actions to secure the southern border (“New Actions”) accompanying federal rule that imposes an arbitrary limit on the number of people permitted to seek asylum at the U.S.-Mexico border between ports of entry while also making the asylum screening process substantially harder to navigate for those fleeing persecution.

These New Actions are meant to be temporary until Congress decides it wants to do its job and legislate again.

So how will these New Actions affect Immigration? Taken straight from WhiteHouse.gov , these new actions are meant to:

The Biden-Harris Administration’s executive actions will bar migrants who cross the southern border unlawfully from receiving asylum.

President Biden issued a proclamation under Immigration and Nationality Act sections 212(f) and 215(a) suspending entry of noncitizens who cross the Southern border into the United States unlawfully. This proclamation is accompanied by an interim final rule from the Departments of Justice and Homeland Security that restricts asylum for those noncitizens.

These actions will be in effect when the Southern border is overwhelmed, and they will make it easier for immigration officers to quickly remove individuals who do not have a legal basis to remain in the United States.'

These actions are not permanent. They will be discontinued when the number of migrants who cross the border between ports of entry is low enough for America’s system to safely and effectively manage border operations. These actions also include similar humanitarian exceptions to those included in the bipartisan border agreement announced in the Senate, including those for unaccompanied children and victims of trafficking.

This is probably one of the major highlights of the New Actions, as it severely limits the amount of people who are eligible for Asylum. So, what issues does this problem resolve? What new issues does this raise?

Who is affected by the Biden-Harris Administration’s Executive Action?

Currently there are 2 ways to enter the United States at the southern border:

1. Entering through the southern border through a port of entry and be inspected by Customs and Border Patrol (“CBP”)

2. Entering through the southern border NOT at a port of entry and be inspected by CBP

The big difference between the two is (1) is the official method of entry for declaration of Asylum, the migrant walks up to the Mexico-U.S. border and surrenders themselves to CBP and claims asylum, while (2) is what the New Action is attempting to abolish.

Basically, those who fit into method (2) usually sneaks through the border and sometime later:

i. either decides they want to file an affirmative asylum or

ii. get caught and be sent to removal proceedings and decide they want to claim asylum as their relief.

This will also bar the withholding of removal as that is the alternative to the application for asylum if you have been in the United States for over one (1) year, without applying for Asylum. These New Actions will only affect those in category (2), as it will limit the amount of people who can apply for Asylum to those who enter through an official port of entry and is inspected at the border.

Those who sneak through will not be allowed to claim asylum.

The administration does claim that “these actions are not permanent” and that “they will be discontinued when the number of migrants who cross the border between ports of entry is low enough for America’s system to safely and effectively manage border operations.”

But the key words were “low enough” to “safely and effectively” , who determines this?

If it is the United States government then we may never see these rules terminated. Most of these New Actions were on the April House Border Security Bill earlier this year, which is just a reinstatement of 2023’s border security bill that actually passed, which is a carryover from executive actions and legislation during the Trump-era. The border issue may never be “low enough” and “safely and effectively” are not standards you ever expect political bureaucracy to ever reach. This will make it for difficult for those in removal proceedings to declare relief, especially if this ban on asylum also carries over to a ban on withholding of removal.

Biden-Harris Administration’s Executive Action to Strengthen Border Security and the Broken U.S. Immigration System

Strengthening the Asylum Screening Process

The Department of Homeland Security published a proposed rule to ensure that migrants who pose a public safety or national security risk are removed as quickly in the process as possible rather than remaining in prolonged, costly detention prior to removal. This proposed rule will enhance security and deliver more timely consequences for those who do not have a legal basis to remain in the United States.

Announced New Actions to Resolve Immigration Cases

The Department of Justice and Department of Homeland Security launched a Recent Arrivals docket to more quickly resolve a portion of immigration cases for migrants who attempt to cross between ports of entry at the Southern border in violation of our immigration laws.

Through this process, the Department of Justice will be able to hear these cases more quickly and the Department of Homeland Security will be able to more quickly remove individuals who do not have a legal basis to remain in the United States and grant protection to those with valid claims.

The bipartisan border agreement would have created and supported an even more efficient framework for issuing final decisions to all asylum seekers. This new process to reform our overwhelmed immigration system can only be created and funded by Congress.

What does all of this mean now?

Customs and Border Protection (CBP) will no longer examine people for fear of returning while the new asylum prohibition is in place. Rather, they will anticipate that people and families to "manifest'' their anxieties in a proactive manner, despite the fact that CBP has a terrible history of frightening asylum seekers or neglecting to document people's voiced concerns.

Furthermore, it is a well-established fact that individuals who are escaping persecution at the hands of official or quasi-official actors are quite reluctant to disclose their fears to armed, uniformed foreign government personnel. The few who are found to have "manifested'' fear will only be permitted to apply for restricted, short-term protection in the US, and only under extremely strict conditions.

This seems to make logical sense as it is written, if you cannot proactively let CBP know that you have a credible fear and show some proof that said fear is “credible” then you will be removed. This means that while you are at CBP, you will be detained for a lesser amount of time because you will be released back to Mexico at a faster rate. By allowing CBP to do this you reduce the amount of detainees at the border, asylum applications in queue, and reduce the amount of immigrants that would be in removal proceedings and thereby reducing stress on our court system.

So why are so many Immigration organizations up in arms about this?

Not every immigrant is savvy enough to navigate the asylum process, not every immigrant who is leaving their home has the wherewithal to collect some evidence, write down the important facts about their fear, and then make the arduous trek from there hometown to the Mexico-U.S. border. The fear itself, combined with the added stress of traveling could lead to the immigrant forgetting or losing their proofs, recalling important facts, and be able to retell that story in a coherent, cognizant, and cogent manner at the border. And this could lead to many credible asylum claims being denied.

Consider instead of thinking about the Asylum applicant as a migrant trying to enter the United States, thinking about them as a victim of domestic abuse. Domestic Abuse victims often run away from their home because they fear that their living conditions may kill them, but they have been living in fear for so long that even while talking to the proper authorities may be too afraid to remember important information or even be able to properly tell the stories of their abuse. It is the job and duty of the law enforcement officer to examine the situation and determine that there may be domestic abuse at play.

This is like if the domestic abuse victim showed up to the hospital with a couple of black eyes and broken ribs and the police came and asked what happened and the victim was silent or was too scared to reveal their abuser, it should be the job of the officer to discern that their may be domestic abuse at play and the victim did not fall down the stairs, twice. Similarly, CBP officers should be required to examine people for fear of returning, rather than forcing migrants to manifest these anxieties and say the magic legal words to apply for asylum.

Currently, Border Patrol agents are obligated to inquire about the individual's fear of returning to their home country when they stop someone attempting to enter the US between ports of entry. The government is disregarding this rule, despite the fact it is essential to the US's duty under the international Refugee Convention to guarantee that refugees are not sent back to danger. Rather, only those who affirmatively "shout out'' or otherwise communicate their concern to a border official will be permitted to pursue screening for limited protections in the United States after the 2,500-person threshold has been achieved.

Assuring that those who are seeking refuge must "manifests'' or "shout out'' their fear ensures that those who have good grounds for asylum and related assistance will nonetheless be deported back to danger.

Families that sought safety in the US were subjected to the same burdens throughout the Biden administration's execution of the Title 42 expulsions program. Human rights observers discovered that most of the families that were deported had made it plain to border officials that they were afraid to go back, but they were nonetheless summarily deported.

What is the problem with the Biden-Harris New Actions?

According to current Asylum laws, 8 U.S. Code § 1158 , anybody who enters "whether or not at a designated port of arrival'' is eligible to petition for asylum under US law. There is no geographical restriction on admission to asylum based on the location of apprehension at the U.S. border, nor is there a statutory cap on the number of individuals who may request refuge each day. Congress was clear in saying that protecting someone who is escaping torture or persecution just because they happened to cross at the wrong time or location makes no sense.

The Immigration and Nationality Act (INA)'s sections 212(f) and 215(a) serve as the proclamation's and rule's legal justification for these recently disclosed regulations. When the president determines that allowing migrants into the country would be against the interests of the United States, he may use Section 212(f) to stop their admission. Nonetheless, regardless of how they entered the country, the INA ensures access to refuge for anybody who is physically present in the country. The Biden administration's own interim final rule acknowledges that the regulations unveiled yesterday cannot replace the INA's asylum request rights.

So who will harmed by these New Actions?

The most severely affected will be those in need of asylum who belong to marginalized populations already. Under this policy, the majority of those requesting asylum who arrive at the U.S.-Mexico border would be turned back. These individuals are Black, Brown, and Indigenous people. The most vulnerable people, those with mental or physical health issues, language barriers, or other conditions that make it difficult for them to express their fear to border officials in a way that satisfies the manifestation requirement, will be deported without even being given the opportunity to be screened for protection under the Convention Against Torture.

This policy will disproportionately affect those with less financial means and resources, much like other border policies of the Biden administration. Although the Biden administration's parole programs, which enable individuals from Cuba, Haiti, Nicaragua, and Venezuela to look for other paths to safety in the United States, are great for immigrants, they necessitate a passport and funds to cover flight travel expenses. The Biden administration's enforcement-only policies at the U.S.-Mexico border worsen the situation for those who are already pushed into dire situations due to a lack of money and resources to explore other possibilities.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

Form I-485: How to Apply for a Green Card

info@nguyen-legal.com (Phan Nguyen) — Tue, 19 Mar 2024 04:06:43 GMT

If you are already in the United States and want to become a lawful permanent resident (LPR) or green card holder, you may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status.

This process is also known as adjustment of status. So let’s dive into what Form I-485 is, how much it costs, what the requirements are, what the medical examination involves, and how long this whole process takes.

What is Form I-485?

Form I-485 is the official green card application form. It allows certain immigrants who are in the United States, such as family members of U.S. citizens, refugees, asylees, and employment-based immigrants, to change their immigration status to LPR without leaving the country. Form I-485 is usually filed together with Form I-130, Petition for Alien Relative, or Form I-140, Immigrant Petition for Alien Worker, depending on the basis of your eligibility. You can download a copy of Form I-485 from the USCIS website1 .

How much does Form I-485 cost?

The filing fee for Form I-485 varies depending on your age and certain other factors. As of early 2024, the fee for most applicants is $1,140, plus $85 for the biometrics fee (fingerprinting). However, there are some exceptions, such as:

For children who are under the age of 14 and who are filing with at least one parent, the fee is only $750.
For applicants who are 79 years or older, there is no biometrics fee.
For applicants who are filing based on having been admitted to the United States as a refugee, there is no fee at all.

You can check the current filing fees on the USCIS website 2 . You can pay the fee by check, money order, or credit card. If you cannot afford the fee, you may request a fee waiver by filing Form I-912, Request for Fee Waiver, along with your Form I-485.

There is a major caveat to the above listed fees, the 2023 fee rule , DHS proposed to replace the 2020 fee rule in its entirety, with the new fee schedule representing a 40% overall weighted average increase. The agency justifies these increases by claiming they will be able to fully fund operations and improve services. This new pricing is set to take place sometime in the first two quarters of 2024. The I-485 will jump from $1,225 ($1,140 application fee + $85 biometrics fee) to a total of $2,820, a whopping 130% increase in fees. The final ruling for the 2023 fee rule, was ruled in December 2023, and the Final proposed rule was submitted to the Biden Administration on January 8, 2024, so we do expect it to be effective sometime in the next 60-90 days.

What are the requirements for Form I-485?

To be eligible to file Form I-485, you must meet the following requirements:

You must be physically present in the United States.
You must have an approved or pending immigrant petition, such as Form I-130 or Form I-140, or qualify for another immigrant category, such as refugee, asylee, or special immigrant juvenile.
You must have a visa number available, unless you are exempt from the visa quota system. You can check the visa availability on the Department of State’s Visa Bulletin.
You must be admissible to the United States, meaning that you do not have any grounds of inadmissibility, such as criminal convictions, health issues, or immigration violations. Some grounds of inadmissibility may be waived by filing Form I-601, Application for Waiver of Grounds of Inadmissibility, or Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal.

When you file Form I-485, you must submit the following documents as evidence of your eligibility:

Two passport-style photos
A copy of your government-issued photo ID, such as a passport or driver’s license
A copy of your birth certificate
A copy of your admission or parole document, such as your I-94 Arrival/Departure Record or your refugee travel document
A copy of your receipt notice or approval notice for your immigrant petition, such as Form I-797, Notice of Action
A copy of your Form I-693, Report of Medical Examination and Vaccination Record, completed by a USCIS-designated civil surgeon
A copy of your Form I-864, Affidavit of Support, if you are applying based on a family relationship
Any other documents that support your eligibility, such as marriage certificate, divorce decree, police clearance, or court records

You can find a detailed checklist of the required documents on the USCIS website 3 .

If you, the petitioner is a legal permanent resident (LPR) trying to adjust the status of their immediate family (parents, children, or spouse) then you will have to wait until your I-130 is approved and there is a visa available for the beneficiary. A visa will be available once your priority date matches to that of the date on the Visa Bulletin. To find out more about the Visa Bulletin, google Visa Bulletin + month and year to get the most up to date processing times. If you are an LPR, you do not file your I-130 and your I-485 at the same time, you have to wait until the I-130 is approved then file the I-485.

If you, the petitioner is a United States Citizen (USC) then the visa will be available immediately and you are able to do a one-step process, meaning you can file the I-130 and the I-485 at the same time.

What is the medical examination for Form I-485?

The medical examination for Form I-485 is a mandatory part of the adjustment of status process. It is designed to ensure that you do not have any health conditions that would make you inadmissible to the United States on public health grounds. The medical examination consists of the following components:

A physical examination, including a review of your medical history, vital signs, and physical appearance
A mental evaluation, including a screening for mental disorders, substance abuse, and violent behavior
A screening for communicable diseases, such as tuberculosis, syphilis, and gonorrhea
A vaccination record, showing that you have received the required vaccines, such as measles, mumps, rubella, polio, and influenza

The medical examination must be performed by a USCIS-designated civil surgeon, who is a licensed physician authorized by USCIS to conduct immigration medical exams. You can find a list of civil surgeons near you on the USCIS website 4 . You are responsible for paying the fee for the medical examination, which may vary depending on the civil surgeon and the tests required.

You must bring the following items to your medical examination appointment:

A valid government-issued photo ID, such as a passport or driver’s license
A copy of your Form I-693, Report of Medical Examination and Vaccination Record, which you can download from the USCIS website 4
Your vaccination records, if you have any
Any medical records that relate to your health condition, such as prescriptions, test results, or treatment plans

The civil surgeon will complete the Form I-693 and seal it in an envelope. You must not open the envelope. You must submit the sealed envelope along with your Form I-485, or bring it to your interview , if you have one.

How long does it take to process Form I-485?

The processing time for Form I-485 depends on several factors, such as the type of application, the category of eligibility, the location of the USCIS office, and the volume of applications. According to the USCIS data in 2023, the average processing time for Form I-485 ranged from 12.5 to 20.5 months based on the category of adjustment and location of USCIS field office 5 . However, these times may change due to various circumstances, such as policy changes, staff shortages, or emergencies.

You can check the current processing times for your specific case on the USCIS website 5 by entering your form number, form category, and the office that is processing your case. You can find this information on your receipt notice, which is the confirmation letter that USCIS sends you after receiving your application. You can also check the status of your case online by entering your receipt number on the USCIS website.

If your case is outside the normal processing time, you can inquire about it by submitting an online request on the USCIS website. You can also contact the USCIS Contact Center by calling 1-800-375-5283 or using the online chat feature on the USCIS website.

Conclusion

Form I-485 is the official green card application form for immigrants who are already in the United States and want to adjust their status to lawful permanent residents. The process involves filing the form, paying the fee, submitting the required documents, undergoing the medical examination, and waiting for the decision. The process may take from several months to over a year, depending on various factors. If you need help with your Form I-485, you can consult an immigration attorney or an accredited representative, who can guide you through the process and represent you before USCIS. You can also use online resources, such as the USCIS website1 , to find more information and tips on how to complete your Form I-485 successfully.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

Prenuptial Agreement: Benefits of a Marriage Insurance

info@nguyen-legal.com (Phan Nguyen) — Tue, 06 Feb 2024 04:47:09 GMT

Everything we value is almost always insured.

You buy life insurance, so on the off chance that you pass away, your loved ones are provided for. You buy health insurance, so when you get sick, your medical bills are taken care of. You buy car insurance to take care of repair costs .. and the list goes on.

But one thing that is common among all of this is that you don't preplan any of it. You do not buy life insurance and plan to die, or health insurance and plan to get sick, or car insurance and plan to get into an accident.

Similarly, prenuptial and postnuptial agreements are like your marriage insurance, in case your marriage fails, you and your estate are protected.

So, why would getting a prenuptial or postnuptial agreement mean you are planning on getting a divorce?

A prenuptial agreement, also known as a premarital agreement , is a legal contract that you and your future spouse can sign before getting married. It allows you to decide how your assets, debts, and income will be divided in case of divorce, death, or separation . A postnuptial agreement is similar, but it is signed after you are already married.

In this blog post, we will explain why you need a prenuptial agreement in Texas, how it differs from a postnuptial agreement, and what the Texas Family Code says about them.

Benefits of a Prenuptial Agreement

A prenuptial agreement can have many benefits for you and your spouse, such as:

Protecting your separate property. Texas is a community property state, which means that any property acquired during the marriage is presumed to belong to both spouses equally, unless proven otherwise. A prenuptial agreement can help you keep your separate property, such as inheritance, business, or personal assets, from becoming part of the community property.
Avoiding disputes and litigation. A prenuptial agreement can reduce the potential for conflict and costly court battles in case of divorce, death, or separation. By agreeing on how to divide your property and finances in advance, you can avoid the uncertainty and stress of leaving these decisions to a judge or jury.
Planning for the future. A prenuptial agreement can help you plan for your future goals and needs, such as retirement, education, estate planning, or spousal support. You can also use a prenuptial agreement to provide for your children from a previous relationship, or to protect your spouse from your debts or liabilities.

Differences Between a Prenuptial and a Postnuptial Agreement

A prenuptial and a postnuptial agreement are both marital property agreements, but they have some key differences, such as:

Timing. A prenuptial agreement is signed before the marriage, while a postnuptial agreement is signed after the marriage. This can affect the validity and enforceability of the agreement, as well as the disclosure and valuation of the assets and debts involved.
Fiduciary Duty. A prenuptial agreement is signed when the parties are not yet married, and therefore do not owe each other a fiduciary duty, which is a legal obligation to act in the best interest of the other party. A postnuptial agreement is signed when the parties are already married, and therefore do owe each other a fiduciary duty. This means that the parties have to be more careful and transparent when entering into a postnuptial agreement, and that the agreement may be more vulnerable to challenges based on fraud, duress, or coercion.
Scope. A prenuptial agreement can cover any matter that is not against public policy or criminal law, such as property division, spousal support, or inheritance rights. A postnuptial agreement can cover the same matters, but it cannot adversely affect the right of a child to support, or violate the Texas Family Code provisions on child custody and visitation.

Texas Family Code Provisions on Marital Property Agreements

The Texas Family Code governs the validity and enforceability of marital property agreements, such as prenuptial and postnuptial agreements. Some of the main provisions are:

Chapter 4. Premarital and Marital Property Agreements1 . This chapter defines what a premarital and a marital property agreement are, what they can and cannot include, and how they can be enforced or challenged in court.
Section 4.002. Formalities1 . This section states that a premarital or a marital property agreement must be in writing and signed by both parties. No consideration, which is something of value exchanged for the agreement, is necessary.
Section 4.003. Content1 . This section states that a premarital or a marital property agreement can cover any matter that is not against public policy or criminal law, such as the rights and obligations of the parties regarding property, the disposition of property on divorce, death, or separation, the modification or elimination of spousal support, the choice of law governing the agreement, and any other matter of personal concern to the parties.
Section 4.006. Enforcement1 . This section states that a premarital or a marital property agreement is not enforceable if the party against whom enforcement is sought proves that: (1) the party did not sign the agreement voluntarily; or (2) the agreement was unconscionable when it was signed and, before signing the agreement, the party: (a) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; (b) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and © did not have, or reasonably could not have had, adequate knowledge of the property or financial obligations of the other party.

Conclusion

A prenuptial agreement is a valuable tool for couples who want to protect their assets, avoid disputes, and plan for the future. A postnuptial agreement can serve the same purposes, but it may have some additional challenges and limitations. Both types of agreements must comply with the Texas Family Code provisions on marital property agreements, which set the rules for their validity and enforceability.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

Family-Based Immigration: A Comprehensive Guide to Consular Processing, Fiancé Visas, and Adjustment of Status

info@nguyen-legal.com (Phan Nguyen) — Thu, 11 Jan 2024 03:55:49 GMT

In this guide, we explore three common pathways: Consular Processing, Fiancé Visas, and Adjustment of Status , shedding light on their pros and cons, processing times, and associated costs.

Embarking on the journey of family-based immigration is a significant chapter in the lives of many individuals, filled with hope, reunions, and the promise of a shared future. As you navigate this intricate path, it's essential to understand the various options available to bring your loved ones to the United States.

Consular Processing

This is the most basic of the family-based petitions, you can use this method to sponsor anyone in your immediate family: biological parents, biological children, adopted children, spouse, and siblings. Because this method typically requires the least amount of steps to get a green card, it is generally the cheapest method of sponsoring your loved ones.

In this instance, the beneficiary (your loved one) will be in the country of origin, and the petitioner (you) are living in the United States.

Pros of Consular Processing

1. Clearance Before Entry: Consular processing involves obtaining an immigrant visa from a U.S. embassy or consulate in the home country. This means that your family member is pre-cleared before entering the U.S.

2. Predictable Timeline: While processing times vary, consular processing often follows a more predictable timeline compared to other methods.

Cons of Consular Processing

1. Separation During Processing: The family members must remain outside the U.S. during the visa application process, leading to a period of separation.

2. Potential Delays: The process might encounter delays due to administrative issues, security checks, or additional documentation requirements.

It is worth noting that, while the application is processing it is unlikely (but not impossible!) that the family members will be able to successfully apply for any other visas to enter the United States.

Processing Time and Costs

The processing time for consular processing can range from 18 months to over a couple of years. Costs include visa application fees, medical examination fees, and other miscellaneous expenses associated with the visa interview.

This is sometimes the only method to get your family members legal permanent residence status if they are located outside of the United States.

Fiancé Visa (K-1 Visa)

As the name suggests, this is available only for your future spouse.

Key word is future , that means if you married your spouse already, they are automatically disqualified from this method.

This method has a few steps:

1. applying for the K1 visa to get your fiancé to stateside

2. getting married in the United States within 90 days

3. adjusting their status from K1 to Legal Permanent status.

While it has a few extra steps, it does provide a few unique benefits.

Pros of a Fiancé Visa (K-1 Visa)

1. Faster Entry: The fiancé visa allows the foreign national to enter the U.S. more quickly to marry their U.S. citizen petitioner.

2. Adjustment of Status After Marriage: Once married, the foreign national can apply for adjustment of status without leaving the U.S.

Cons of a Fiancé Visa (K-1 Visa)

1. Limited Eligibility: Only fiancés of U.S. citizens are eligible for this visa, and the couple must marry within 90 days of the foreign national's entry.

This is typically the most expensive of all the methods, mainly because there are so many steps to this process. But if you want to get your fiancé over to the United States as soon as possible and money is not an issue, this is typically the best method.

Processing Time and Costs: Fiancé visa processing times can vary, but it often takes several months. Costs include petition filing fees, medical examination fees, and adjustment of status fees after marriage.

Adjustment of Status

This is the quintessential method of obtaining a green card. This is simply the process of sponsoring someone who is already in the United States and converting their current visa/status (or lack thereof) to a green card.

Pros of Adjustment of Status

1. Stay in the U.S.: Adjustment of status allows the foreign national to remain in the U.S. while their green card application is pending.

2. No Separation: Unlike consular processing, adjustment of status does not require the family members to wait outside the U.S. during the application process.

Cons of Adjustment of Status

1. Strict Eligibility Criteria: The petitioner must have a qualifying family relationship, and eligibility criteria must be met.

2. Lengthy Processing Times: Depending on the USCIS workload, processing times can be lengthy.

While you are adjusting the status of your loved ones, they cannot leave the United States without expressed permission from USCIS. If they do leave without permission, their application is automatically rejected. They may not receive the letter instantly and it may take up until the actual interview when USCIS realizes that there was an exit after the application that they will reject the application.

Processing Time and Costs: Processing times for adjustment of status can also vary, but it generally takes several months to a year. Costs include the application filing fee, biometrics fee, and any additional fees associated with the process.

Choosing the right pathway for family-based immigration depends on individual circumstances, preferences, and the specific relationships involved. Each option has its advantages and challenges.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

i485 Interview: What to Expect? An Immigration Lawyer's Guide

info@nguyen-legal.com (Phan Nguyen) — Tue, 12 Dec 2023 04:51:25 GMT

Marriage-based adjustment of status (AOS), form I-485 is one of the most popular ways for an immigrant to obtain legal permanent resident status and a green card.

But because of the popularity of this pathway to citizenship, it is heavily scrutinized by the United States government.

Adjustment of status for a blood relative like a parent or child is easy to prove; birth certificates (if available) and DNA testing can give near irrefutable evidence of the petitioner and the beneficiary’s relationship.

However, it is often more complex when trying to prove a bona fide (real or valid) marriage.

“When it comes to matters of the heart, there are no quadrants or formulas that can be used to measure the truthfulness of words and actions. It is always a gamble, an educated guess at best.” ― Wiss Auguste, The Illusions of Hope

Understandably, it can be hard to boil down your love story into a stack of papers.

As an immigration attorney, it is my job to play Cyrano and make sure that the said stack of paper properly regales the USCIS officer of the fairytale love story of the applicant and beneficiary; after reading and reviewing this story, the USCIS officer will have to decide whether or not to believe that this could be a bona fide marriage.

The interview verifies a marriage to make sure the marriage is bona fide. This makes the interview the final hurdle before qualifying the beneficiary for their green card. So, what should you expect from a USCIS marriage-based AOS interview?

Here is a step by step guide.

1. Arrival and Check-In

When you arrive at the USCIS office for your scheduled interview, you'll likely go through a security check and check in at the designated area.

You will want to show the officer your scheduled interview letter as your entry ticket. Then, depending on which USCIS center you’re interviewing at, you may need to check in so they can let your interviewer know you’re there. Then you’ll wait; they’ll let you know when they are ready and will tell you to only check in again with them if it has been 45 minutes past your scheduled interview time (not 45 minutes from the time you arrived).

2. Interviewing Officer Introduction

You will be called into a private interview room to meet the interviewing officer. The officer will introduce themselves and may explain the purpose of the interview.

3. Oath

You will be required to take an oath to tell the truth during the interview with your hand raised.

4. Review of Documents

The officer will review the documents you submitted with your adjustment of status application. This may include your marriage certificate, birth certificate, passport, Form I-94, financial documents, and other supporting evidence.

5. Questions About the Relationship

The officer will likely ask detailed questions about your relationship with your spouse. These questions may cover how you met, the development of your relationship, your wedding, and details about your daily life together.

Some of the common questions include:

How did you and your spouse meet?
Where did you go on your first date?
How did your spouse propose?
What are you and your spouse's bedtime and morning routines?
What are some hobbies you share with your spouse?
What is your partners' pet peeve?

Note that these questions are all valid to ensure the couple is intimate enough with each other to know the answer.

These questions do not necessarily have a right or wrong answer, but that’s not the point of the questions. For instance, there is no way officer can verify that your spouse is a degenerate Star Wars prequel lover or that they do not like pineapple on her pizza. But the officer is always watching, looking for the couple's body language cues, responses, and reactions to see if the couple passes the eye test.

One time while at an i485 interview with my client, the officer asked the husband what his wife's birthday was. He got it wrong. But as soon as he did, the wife turned and slapped her husband on the shoulder and gave him an annoyed look.

This basically ended the interviewer’s questions regarding the bona fide nature of the relationship, and he moved on to the administrative questions. At the end of the interview, the interviewer told us that the reaction, more than the answer, convinced him of the validity of the marriage.

Lawyer's Tip: Don’t overstudy for the interview; don’t quiz each other about their favorite/least favorite foods. It is not a test you must study for; if you truly love that person next to you, the answers are obvious and simple.

6. Verification of Legitimacy

The officer will assess the legitimacy of your marriage. They may ask questions to determine if your marriage is genuine and not entered into solely for immigration benefits.

7. Individual Interviews

In some cases, the interviewing officer may conduct separate interviews with each spouse to compare their responses and ensure consistency.

8. Probing Questions

Be prepared for questions that may probe into personal aspects of your relationship. The goal is to assess the authenticity of your marriage.

9. Decision

At the end of the interview, the officer may provide you with a decision on your adjustment of status application. In some cases, a decision may be mailed to you later. But do not expect an immediate yes or no response.

10. Possible Request for Additional Evidence

If the officer needs more information or documentation to make a decision, they may request it at the end of the interview.

It's important to note that each case is unique, and the specific questions and process can vary. It's advisable to be well-prepared, bring all required documents, and be honest and forthcoming during the interview.

I have helped hundreds of couples get through this intimidating process. If you have concerns or questions, consulting with an immigration attorney can provide guidance tailored to your specific situation. The I-485 interview, or the AOS interview, is not something to stress about, but at the same time, it is not something that should be underestimated. You should not take it lightly; feel free to be yourself, but don’t joke too much, as it may focus too much on you and not your relationship.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

5 Essential Qualities to Look for In A Divorce Lawyer

Fri, 01 Dec 2023 03:53:52 GMT

Divorce is a complex and emotionally charged process that often necessitates the expertise of a skilled legal professional.

Choosing the right divorce lawyer can significantly impact the outcome of your case and influence your overall experience during this challenging time. To navigate the complexities of divorce proceedings effectively, it is essential to look for certain qualities in a divorce lawyer.

In this blog, we will explore five essential qualities that can help guide your selection process, ensuring you have the correct legal advocate by your side. The initial consultation between the prospective client and prospective attorney allows both parties to interview each other to see if you are a fit.

It’s like a first date, and it should be treated as such.

When finding the right divorce lawyer to work with, here are the five essential qualities to look for.

1. Experience and Expertise

Look for a lawyer with a substantial background in family law and divorce cases. Consider their experience level, particularly in handling cases similar to yours. An attorney with expertise in divorce law is more likely to navigate the intricacies of the legal system effectively.

You can typically tell an attorney’s experience based on when he started practicing; you can ask them and then verify on the state bar website. The year they got their license will be listed on the Texas Bar website .

You can run a search for the type of attorney you’re looking for on the State Bar website .

However, knowing how long your prospective attorney has been practicing is a surface-level understanding of their experience. It is not just the quantity of experience but the quality of their experience. An attorney who has over thirty years of experience but has previously been working in a more transactional law setting may not be as good of a fit for you as one with less than ten years of experience in family law or in a more litigation field. So, do not underestimate how important it is to inquire further into what type of law your prospective attorney did for all those years.

2. Communication Skills

Effective communication is paramount in any legal relationship. Assess the lawyer's ability to communicate clearly and keep you informed about the progress of your case. A lawyer with strong communication skills can help manage expectations and reduce stress during the divorce process.

Is it easy to speak to your attorney? Do you feel comfortable divulging your secrets and your marriage with the attorney?

While we are in no way licensed therapists, we are the keeper of secrets, and to properly prepare for the divorce, we need to be privy to every secret between ourselves and our spouse that may pop up during the process. We will not judge nor care if you were unfaithful, or if you were a shitty parent, or if you were abusive, but we do care that we are only finding out about this mid-trial while you’re on the stand. The attorney you pick should be somewhere between a best friend/confidant and a legal advisor.

So, if your prospective attorney makes you feel intimidated or that you are trying to impress them then it will probably not be a good fit.

3. Negotiation Skills

Given that many divorce cases are resolved through negotiation, it's crucial to find a lawyer with solid negotiation skills. A skilled negotiator can advocate for your interests and help secure a fair settlement without the need for lengthy court battles.

A good attorney is not necessarily one who can promise you everything but one who will be more realistic with you. To give you legal advice based on your situation and what is a realistic expectation of which issues you can push and which you can give way to in order to get the best possible scenario for you.

4. Empathy and Compassion

Divorce is not only a legal matter but also an emotionally challenging experience. Seek a lawyer who demonstrates empathy and compassion, understanding the emotional toll the process can take on clients. A compassionate attorney is better equipped to tailor legal strategies to address your unique needs.

This quality ties very closely with quality 3 above. A good divorce attorney for you can work with you and empathize with your situation. If you are not socially comfortable with your attorney, then this professional relationship will not work, and you both will come away unhappy.

5. Availability and Responsiveness

Accessibility is key when selecting a divorce lawyer. Ensure that your lawyer is available to address your questions and concerns promptly. A responsive attorney can provide you with a sense of security during critical stages of the divorce process.

Pricing will always be an issue with attorneys, but it is important to note that if the attorney’s price is too good to be true, they may be compensating their lower prices with more volume. Everyone loves a cheap attorney, but that’s part of the problem; the attorney will probably have a lot of work, which means they may be unable to dedicate individual time to you.

This may mean that you may not be able to develop that relationship with your attorney, which would run counter to qualities 3 and 4.

Conclusion

As you find yourself a competent divorce attorney, it is clear that the right legal representation can make a substantial difference in the divorce process.

By prioritizing experience, communication skills, negotiation prowess, empathy, and accessibility, individuals can align themselves with legal advocates who not only possess the requisite expertise but also demonstrate a genuine understanding of the emotional nuances inherent in divorce cases.

In your own considerations, reflect on how these qualities align with your needs and expectations, recognizing that the right divorce lawyer can be a supportive partner as you navigate the intricacies of this significant life transition.

If you have a family or divorce case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344! Law Office of Phan Nguyen has helped hundreds of individuals in your situation and would be honored to help you through these tough times as well.

What is SAPCR? A Quick In-Depth Overview

info@nguyen-legal.com (Phan Nguyen) — Wed, 13 Sep 2023 02:48:56 GMT

A Suit Affecting the Parent-Child Relationship, or SAPCR, is the second most widely seen case in family law, number one being divorce. Recently I read an interesting report released by the CDC in the National Vital Statistics Reports (NVSS) showing that since the 1960s the United States have seen a drastic increase in out-of-wedlock births. If this trend continues, SAPCRs will inevitably overtake divorce as the most common type of family law case.

What is a SAPCR?

In Texas, a SAPCR can be filed by a parent to request a court order regarding custody, visitation, child support, medical support, and/or dental support.

Here are some of the things that a SAPCR can be used to request:

Custody: Custody refers to the legal right and responsibility to make decisions about a child's upbringing. There are two types of custody: physical custody and legal custody. Physical custody refers to the child's primary residence.

Legal custody refers to the right to make decisions about the child's education, medical care, and other important matters.

Visitation: Visitation refers to the right of a parent who does not have primary physical custody to spend time with the child. Visitation orders typically specify the amount of time that the non-custodial parent will have with the child, as well as the days and times that visitation will occur.

Child Support: Child support is financial assistance that one parent pays to the other parent to help support the child. The amount of child support is typically based on the income of both parents and the needs of the child.

Medical Support: Medical support is financial assistance that one parent pays to the other parent to help pay for the child's medical expenses. The amount of medical support is typically based on the income of both parents and the child's medical expenses.

Dental Support: Dental support is financial assistance that one parent pays to the other parent to help pay for the child's dental expenses. The amount of dental support is typically based on the income of both parents and the child's dental expenses.

In short, if there’s anything concerning the child and yourself and the other parent/guardian that needs to be settled or resolved with a court order, then you will need to file a SAPCR.

Who can file a SAPCR?

A SAPCR can be filed by a parent who is married to the other parent of the child, a parent who is not married to the other parent of the child, or a grandparent, stepparent, or other interested person.

How do you file a SAPCR?

Filing a SAPCR (Suit Affecting the Parent-Child Relationship) can be a complex and emotional process.

First, gather all necessary documentation such as birth certificates, marriage licenses, and any court orders related to custody or visitation.
Next, complete the required forms and file them with the appropriate court. You will need to pay a filing fee and serve the other party with a copy of the paperwork.
Once the other party has been served, they will have a certain amount of time to respond.
If they do not respond, you may be able to proceed with the case uncontested.
If they do respond, a hearing will be scheduled where both parties can present their case to the judge.
It is important to keep in mind that the ultimate goal of a SAPCR is to establish a custody or visitation arrangement that is in the best interests of the child. This may involve negotiating with the other party or going to trial.

Things to Consider when filing a SAPCR

If you are considering filing a SAPCR, it is important to be aware of the following:

The process of filing a SAPCR can be complex and time-consuming.
A SAPCR can be expensive.
A SAPCR is an extremely emotionally draining process.
Timing—this is probably the most important thing to consider, when can you file a SAPCR?
2 years after the last final court order was filed (whether through a divorce or another SAPCR); or
A significant change in circumstances has occurred to either parent or guardian or the child.
You can only file a SAPCR in Texas if the child has lived in Texas for at least the last 6 months (or since birth) or Texas was the child’s home state, and the child has been gone less than 6 months.

If you have a family or child support case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344! Law Office of Phan Nguyen has helped hundreds of parents your situation and would be honored to help you through these tough times as well.

How to Modify Child Support in Texas? A Step by Step Walkthrough

info@nguyen-legal.com (Phan Nguyen) — Wed, 02 Aug 2023 03:42:54 GMT

Are you looking to modify child support? Here is a quick easy to follow walkthrough on how you can do that!

Depending on whether you are paying child support or receiving child support, it’s either too much or not enough. Either way, the process to modify it is the same.

To modify child support in Texas, you must file a motion with the court that issued the original child support order. The motion must state the reasons why you believe the child support order should be modified. You must also provide evidence to support your claims.

Whether it is the first time you are requesting child support or if you are looking to modify the current child support order, you would want to go see the Office of Attorney General (“OAG”).

So, this recommendation is probably a different one than what most attorneys will tell you, but it is important to know all of your options to properly weigh which one best fits your situation. If you are tight on money, whether that’s because the needs of the child have increased, or you lost your job or whatever the case may be, if you do not have the money to both take care of yourself and the child, then you must visit the Office of Attorney General first.

If you’re unable to afford child support, you shouldn’t be spending money on a lawyer. And, yes, you read that correctly.

The OAG will get things done, albeit slower and at their own pace and their main concern is to look out for the best interest of the child , not you.

The OAG will not give as much consideration to your individual case as a private attorney but they will work within the bounds of the law to get your child support to whatever it ought to legally be. Please be mindful that they are probably handling thousands of similar cases while private attorneys are only handling a couple hundred.

However, you should seek legal advice from an attorney if you are by chance planning to file the petition by yourself.

Essentially, the court will review your motion and evidence and decide whether to modify the child support order. The court will consider a variety of factors in making this decision, including:

The income of both parents
The needs of the child
Any changes in the child's living arrangements
Any changes in the child's health or educational needs
Any changes in either parents' employment status
Any other relevant factors

If the court finds that there has been a material and substantial change in circumstances since the original child support order was issued, it may modify the order. However, the court is not required to modify the order even if there has been a material and substantial change in circumstances.

If the court modifies the child support order, it will issue a new order that sets forth the new child support amount. The new order will be effective immediately.

If you need help with how to modify child support in Texas, you should speak with an attorney. An attorney can help you to understand the legal process and to prepare the necessary paperwork. An attorney can also represent you in court if necessary.

How do you modify?

Here are the steps on how to modify child support in Texas:

File a motion with the court that issued the original child support order.
Provide evidence to support your claims.
The court will review your motion and evidence and decide whether to modify the child support order.
If the court finds that there has been a material and substantial change in circumstances since the original child support order was issued, it may modify the order.
The court will issue a new order that sets forth the new child support amount.
The new order will be effective immediately.

What do you need in your motion to modify?

Here are some of the things that you may need to include in your motion to modify child support:

Your name and the name of the other parent
The case number of the original child support order
The reasons why you believe the child support order should be modified
Evidence to support your claims
The desired amount of child support

What evidence may you be required to produce?

Here are some of the evidence that you may be able to use to support your claims:

Pay stubs
W-2 forms
Tax returns
School records
Medical records
Proof of other expenses related to the child.

What happens at the child support hearing?

You will be called into a room with the other parents and the OAG. The OAG will review all the documents that you and the other parent has brought and try to come to a reasonable amount of child support, this child support number will be heavily influenced by the child’s needs, and the non-custodial parent’s current income.

These numbers will be thrown into the child support calculator , and a few beep-boop-beeps later, the calculator will spit out a number.

That is the baseline legal amount, what’s next is the OAG will go over any circumstances in the parent’s lives to see if there is cause to modify that number (up or down). If the parties then agree on that number, then the OAG will draft up the order and the judge will review the order and either sign the order or issue changes to the order. Either way if everyone agrees then the judge will usually be in agreement as well.

If no consensus is reached, then there will be a trial, in which both parties and their legal representatives will have an opportunity to present their situation to the judge and have the judge make the decision.

It is important to note that modifying child support can be complex.

If you are considering modifying child support, you should speak with an attorney to discuss your options. seek legal counsel to protect your rights and interests.

If you have an family or child support case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344! Law Office of Phan Nguyen has helped hundreds of parents your situation and would be honored to help you through these tough times as well.

Termination, Dismissal, and Administrative Closure in Immigration Proceedings: What is the Difference?

info@nguyen-legal.com (Phan Nguyen) — Tue, 25 Jul 2023 03:56:16 GMT

Three distinctions in immigration proceedings.

Navigating the complex realm of immigration law can be challenging, especially when it comes to understanding the various outcomes of immigration proceedings.

Three common terms that often arise in such scenarios are:

Termination of proceedings
Dismissal of proceedings
Administrative closure of proceedings

While they might appear similar at first glance, each term holds unique implications and consequences. It is important to understand the fundamental difference between them as when offered you need to know which is right for you.

On face, they all mean the same thing, that your current case before the immigration court is done, and you will not be deported. However, while the result of your current case may be the same, the underlying future consequences is what makes them distinctive from each other.

Today, we will explore the differences between these terms and shed light on their significance within the context of immigration proceedings.

Termination of Proceedings: What Is It?

Termination of proceedings refers to the conclusion of a specific immigration case before an immigration judge. This outcome usually occurs when the government decides to cease its efforts to pursue the removal or deportation of an individual.

The reasons for termination of proceedings can vary, including factors such as humanitarian concerns, a change in circumstances, or eligibility for relief or protection.

A motion to terminate asks an IJ to end a case by alleging that the government’s charges are substantively or procedurally defective.

In Gonzalez v. Garland , the U.S. Court of Appeals for the Fourth Circuit in 2021 abrogated a 2018 decision in Matter of S-O-G- & F-D-B- which was issued by the Attorney General (AG) and restricted an IJ’s authority to terminate removal proceedings. The Fourth Circuit held that the plain language of the regulations confers on IJs and the BIA the inherent authority to terminate removal proceedings.

In reaching this conclusion, the Court focused on 8 CFR § 1003.10(b) and 8 CFR § 1003.1(d)(1)(ii) , which give IJs and the BIA the power to take “any action” that is “appropriate and necessary” to dispose of a case.

When proceedings are terminated, it essentially means that the case is dismissed without prejudice.

This means that the government retains the option to reopen the case at a later date if warranted by new evidence or changed circumstances. Importantly, termination of proceedings does not confer any legal immigration status or benefits upon the individual. Instead, it provides a temporary reprieve from removal proceedings and allows the individual to remain in the country, albeit without a lawful immigration status.

The key point here is that if you have been offered a termination of proceedings and you accept the termination, then you are safe from being deported today . It does not stop the government from reopening this case later to try and deport you again.

If you feel that you have a strong relief or case for relief then consult an attorney to appeal or oppose the termination so that you can have your day in court.

So even if you have a strong case, why would you NOT terminate your case? Isn’t that the whole point of hiring an attorney? So you won’t be deported? Well now you’re not being deported, so why would you oppose it?

Because the relief you currently have that you feel is strong may lose its effectiveness in the future. For example, if you from a country of political turmoil (Ukraine, Russia, China, et…) and you have a good case for asylum, there’s no guarantee that those same circumstances will still be there in the future for you to claim your asylum.

Or if you have a strong case for 42b cancellation of removal because your United States Citizen/Legal Permanent Resident elderly mother or minor child requires your help, your elderly mother may not be around the next time the government wants to deport you or your minor child may age out.

Dismissal of Proceedings: How is it Different from Termination and Administrative Closure?

Dismissal occurs when an immigration judge decides to terminate the proceedings against an individual with prejudice. In other words, a dismissal signifies that the case has been concluded permanently, barring any further action by the government to reopen the case. Dismissal can result from a variety of factors, such as the government's failure to meet its burden of proof, a lack of jurisdiction, or due process violations.

The motion to dismiss is stipulated in 8 CFR § 1239.2(c) . This regulation allows for the government counsel to seek dismissal of the case based on grounds set out in 8 CFR § 239.2(a) .

These grounds are where the respondent:

is a national of the U.S.;
is NOT deportable or inadmissible;
is deceased;
is NOT in the U.S.;
failed to file a timely petition but the failure was excused;
the NTA was improvidently issued; or
circumstances in the case have changed.

This motion is largely permitted through prosecutorial discretion (PD) and most cases for unaccompanied children will fall under prongs six or seven. PD arms ICE prosecutors with the discretion to not pursue a case even if ICE has the authority to do so.

The extent and limit of PD was recently set out in two memos issued by ICE’s Office of the Principal Advisor (OPLA), the representative of the government in the immigration sphere.

When an immigration case is dismissed, the individual is relieved from the threat of removal and may be eligible for certain immigration benefits or relief. For instance, they may be eligible to apply for adjustment of status, asylum, or other forms of relief available under the immigration laws. Dismissal is generally seen as a favorable outcome, as it provides a stronger legal foundation for the individual to pursue their immigration goals.

Lastly, What is Administrative Closure of Proceedings?

Administrative closure refers to a procedural decision made by an immigration judge to suspend or put on hold the immigration proceedings temporarily. Unlike termination of proceedings or dismissal, administrative closure does not resolve the case definitively. Instead, it allows the court to temporarily halt the proceedings while waiting for a specific event or condition to be resolved.

Administrative closure is often used in situations where other related processes or legal issues need to be addressed before the immigration case can proceed further. For example, if an individual has a pending application for a visa or other immigration benefits with another government agency, the judge may choose to administratively close the proceedings until a decision is made on that application.

During administrative closure, the individual's case remains active but is effectively paused. The case can be reopened at a later date, if necessary, either at the request of the government or the individual.

Administrative closure does not grant any immigration status or benefits but allows for the temporary suspension of proceedings until certain conditions are met.

While termination of proceedings, dismissal, and administrative closure may all signify the end of immigration proceedings, it is crucial to understand their distinct implications. Termination of proceedings provides a temporary reprieve, dismissal concludes the case permanently, and administrative closure suspends proceedings until certain conditions are resolved.

Navigating immigration proceedings can be complex, and it is essential to seek professional legal guidance to comprehend the nuances of these outcomes fully. Consulting with an experienced immigration attorney is highly recommended to ensure the best possible outcome and to explore any potential avenues for relief or immigration benefits.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

F2A Not Current: All Good Things Come to An End

info@nguyen-legal.com (Phan Nguyen) — Wed, 19 Jul 2023 04:24:24 GMT

F2A Not Current - What Do You Need to Know?

All good things must come to an end.

The last time we had a final action date for F2A was the Summer of 2019.

In June 2019, the Final Action Date for F2A was July 15th, 2017. In July 2019, it became ‘current’ which means that the cutoff date moved forward two years to July 1st, 2019. It was obviously too good to last, there is a numerical limit on F2A visas so naturally there would come a time where we would be receiving more applications than there are available visas.

We honestly cannot believe the F2A final action date stayed current all through March 2023!

According to July's Visa Bulletin, it seems the final action date is September 8, 2020.

So, what does all this mean?

The Final Action Date indicates the dates an immigrant visa number will be available for a foreign national with a current priority date that month. On your receipt after submitting your application to USCIS there is a “priority date” when that “priority date” and the Final Action Date matches up it means there is a visa available for your application.

This is usually when we can expect the next part of your immigration process to begin.

F2A is a Family-sponsored preference on the state department’s visa bulletin. It indicates the availability date of visas for Spouses and Children of Permanent Residents.

FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES*

In the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance.

(NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

This means that any Legal Permanent Residents who are looking to sponsor their spouse or children over to the United States who are not exempt from the per-country limit, will be waiting quite a while before there is a visa available for their loved ones.

We will continue to monitor the movement of the monthly visa bulletin. If you have any questions or concerns regarding your case please feel free to contact us.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

Public Charge Rule; A Lawyer's Guide to Self-Sufficiency for USCIS

info@nguyen-legal.com (Phan Nguyen) — Wed, 05 Apr 2023 19:58:33 GMT

The Public charge rule used to be more of a suggestion .

Introduced in 1999, the Department of Homeland Security issued an advisory note that would allow DHS/USCIS to deny visas to those who would become a “public charge” as immigrants. It’s not a new concept, it’s actually been around as early as 1882, formalized in 1999, normalized in 2019, and then finally legalized as a rule in 2022.

The United States government is not in the business of immigration as a service to the individual, but as a service to the country. If you look at any other country in the world, Japan, England, France, Germany, China, Russia, etc -- you’ll notice that the majority of their think tanks (the driving human-force behind their ingenuity, creativity, and progress) and labor force are generally their own people. However, with the United States this is generally done by immigrants. After the era of baby boomers, the population growth in the United States has been steadily declining, but our production has either ramped up or stayed steady, and that’s because what the United States lack in its own population, it supplements with immigrants. This is the key to the new public charge rule. The United States does not want to take in anyone who may be a public charge (a person dependent on the United States government for assistance).

When a Legal Permanent Resident (“LPR”) or United States Citizen (“USC”) applies to sponsor a noncitizen, one of the requirements that they will normally need meet is the income-requirement, does the petitioner of the noncitizen have enough money and assets to support the noncitizen so that the United States government will not have to support them.

In 2019 under then President Trump, the administration issued the Public Charge rule, which expanded on the list of services that if a noncitizen was taking advantage of, would disqualify them from adjusting their status if they otherwise would qualify. This list included Supplemental Nutrition Assistance Program (SNAP), Section 8 housing assistance, any federal housing subsidies or rental assistance, Medicaid for non-emergencies, except for pregnant women and mothers who saw the doctor within 60 days of birth, people with disabilities, and children under age of 21. It also instituted a personal Financial Resource requirement, which meant another form for the applicant to fill out on their way to become an LPR. It was also a harsh requirement as it required the applicant’s household income to be at least 125-250% of the Federal Poverty guidelines . These rules targeted and affected mostly LPR applicants (Green card applicants). The rule was also very broad as to what else other than the aforementioned were considered to deem a noncitizen a “public charge”, as with most overbroad rules, it was later vacated by the U.S. District Court for the Northern District of Illinois on November 2, 2020.

Well, now it’s back, sort of. The “new” Public Charge Rule went into effect December 23, 2022. Under the new guidance, noncitizens are considered likely at any time to become a public charge if they are likely at any time to become primarily dependent on the government for subsistence. This could be anything from either the receipt of public cash assistance for income maintenance or long-term institutionalization at the government’s expense.

Public Cash Assistance

The rule defines public cash assistance for income maintenance such as:

Supplemental Security Income (SSI);
Cash assistance for income maintenance under the Temporary Assistance for Needy Families
(TANF) program; or
State, tribal, territorial, or local cash benefit programs for income maintenance, commonly called “General Assistance.

This DOES NOT include ALL benefits. Learn more about the actual rule to see what is considered a public charge under the new rule and what does not. It is an extensive list as it does not want to risk being overbroad.

Some of the benefits listed that will not be considered receipt or approval of benefits are:

Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs;
Children’s Health Insurance Program (CHIP);
Medicaid (other than for long-term use of institutional services under section 1905(a) of the
Social Security Act);
Housing benefits;
Any benefits related to immunizations or testing for communicable diseases; or
Other supplemental or special-purpose benefits.

For the purpose of a public charge inadmissibility determination, “long-term institutionalization at government expense” means government assistance for long-term institutionalization (in the case of Medicaid, limited to institutional services under section 1905(a) of the Social Security Act) received by a
beneficiary, including in a nursing facility or mental health institution.

Public Assistance Programs

Some public assistance programs are not considered a public charge under this new rule are:

Treatments or preventative services related to COVID-19, including vaccinations;
The use of home and community-based services (HCBS);
Any services provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act)268 or comparable disaster assistance provided by state, tribal, territorial, or local
governments;
Benefits under the Emergency Food Assistance Act (TEFAP);269
Child and Adult Care Food Program (CACFP);
School lunch programs;
Cash payments that are provided for childcare assistance or other supplemental, special
purpose cash assistance;
Cash payments that are provided as part of pandemic or disaster relief funds, such as the
American Rescue Plan Act;

The list is extensive and if you are uncertain if the benefits you received from the government qualifies, you can look at Public Policy Alert (pages 38-40) for more details or consult with an immigration attorney.

An important note is that intermittent periods of institutionalization, even on recurring basis, are not considered “long-term.” Additionally, according to the Final Rule, no other services paid for by Medicaid, including home and community-based services (HCBS), and no services provided under the Children’s Health Insurance Program (CHIP), are considered as long-term institutionalization at government expense.

“Receipt” occurs only when the applicant is the beneficiary of the benefit. Benefits received by relatives (including children) or benefits received on behalf of other parties are not considered “received” by the applicant. Similarly, applying for a benefit (without receiving it) OR an approval of a benefit for future receipt are also not considered “receipt.” This means that you can apply for some of the benefits listed in the rule, but until you actually received the cash/benefit, it will not trigger the public charge rule.

The new Public Charge rule does require less paperwork than the 2019 Public Charge rule under the Trump administration, but does require a bit more paperwork than prior to the new rule’s implementation on December 23, 2022. If you feel confused or uncertain about this new change, please do not hesitate to contact an immigration attorney, as any application that fails to meet this new requirement will be rejected.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

Family Petitions - Everything You Need to Know

info@nguyen-legal.com (Phan Nguyen) — Tue, 21 Mar 2023 18:13:23 GMT

One of the questions our firm gets asked most frequently is “I would like to sponsor X, can I do it?” The United States has a plethora of “immigration pathways”, but they are generally divided into two categories: Immigrant Visas and Non-Immigrant Visas. The key difference is that Immigrant visas provide a clear pathway to U.S. Citizenships while Non-Immigrant visas do not. Within each category the visas take another divergent, Immigrant visas are often either Family based , Humanitarian based, or Employment based. This post will only tackle the Family based Immigrant petitions today. When we discuss the other visas, we will link it below:

Within the Family based category we have two paths, Adjustment of Status (“AOS”) and Consular Processing (“CP”). Adjustment of Status deals with any family members who are currently within the United States and would like to adjust their status from whatever their current immigration status is, to that of a Legal Permanent Resident (“LPR”). Consular Processing deals with any family members who are currently living outside the United States and would like to have a U.S. Consulate process their application for Legal Permanent Residence here in the United States.

So, who can sponsor and who may be sponsored . USCIS refers to those who are sponsoring as Petitioners and those who are applying to become an LPR as

Applicant or Beneficiary. So, who qualifies to be Petitioners ? You have to be an LPR or a United States Citizen (“USC”) to be able to sponsor, either by AOS or CP. So, who qualifies to be an Applicant or Beneficiary ? You have to be the spouse, sibling, child (adopted or biological), or parents of the petitioner to qualify for AOS or CP for family based immigrant petitions. That means nieces, nephews, cousins, aunts, uncles, and grandparents do not qualify.

The two key differences between filing as an LPR petitioner and a USC petitioner is, how long it takes to sponsor and the status requirement for the Applicant/Beneficiary.

To answer how long it will take for an application to go from beginning to end will heavily depend on the USCIS current backlog and the current status of the Petitioner. To understand why it takes so long for an LPR to petition their beneficiary and why it’s better to sponsor as a USC it comes down to Visa caps.

Every year, the United States releases an yearly visa cap for each country, and the more people that are immigrating from applicant’s country the longer the queue will be for a visa to be readily available. In terms of CP, this means that they will be waiting in their home country until a visa becomes available, and for some that may mean decade(s) of waiting. In terms of AOS, the applicant will be waiting as well but they’ll be waiting inside the United States.

The difference between CP and AOS in this case is that as a beneficiary for CP they’ll be able to travel anywhere in the world they want/can get a visa to and as a beneficiary for AOS they won’t be able to travel and are usually stuck inside the borders of the United States until their visa becomes available.

If beneficiary is applying for CP and wants to travel to the US via another visa type (e.g., F-1, F-2, B-1, B-2, et…) it is more likely than not that your application will be rejected, this is not to say it cannot be done, but it will be immensely harder to apply for a non-immigrant visa to travel to the United States while you have a pending CP application. But the beneficiary will be able to go anywhere else in the world they want as long as they can get a visa to that country.

Inversely, the AOS beneficiary will have to stay within the United States and will only be able to travel outside the United States while the visa is pending if they are able to obtain a travel permit from the United States Customs and Immigration Service (“USCIS”), which again is do-able but to do so beneficiary will have to give a valid reason for needing such a permit. If the AOS beneficiary leaves the United States without a travel permit, they risk: (1) not being allowed back into the United States, (2) having their AOS application cancelled.

If Petitioner is an LPR and wants to check their place in line, they just have to visit the Visa Bulletin . In order for the United States to accept an AOS or CP there has to be a visa available from that country. The visa bulletin linked above gives you an idea of what application date USCIS is currently processing from each country. This bulletin updates monthly and does not follow a 1:1 day to processing day ratio, each month it will update until all the available visas are issued.

Petitioner or Beneficiary can check their application receipt, top left under “priority date” to find their place in line and check it against the Visa Bulletin to get an estimate of how long the process will take. The LPR petitioner will have to wait until there is a visa available, while the USC petitioner will not. As a USC petitioner, a visa will become available immediately and the only delay will be actual processing time, which could still be year(s) (currently around 1.5-3 years) but typically never decades (unless something has truly gone wrong).

Another issue that will play a role in the length of time the application will take is the relationship between the petitioner and the applicant/beneficiary. It I generally much faster for Spouses and unmarried and minor children and parents of petitioners to apply than it will be for siblings and married children or children over 21 years of age to apply.

Finally, the backlog for USCIS weighs heavily on how fast your application will be processed. USCIS requires manpower to process these applications, each application is reviewed by a USCIS officer, so if there are Federal holidays, bad weather conditions, lay-offs, anything that would prevent someone from working would delay applications as does anything that requires a human touch.

The second benefit of being a USC petitioner is that if your applicant/beneficiary is out of status, as to say they’re undocumented (but was inspected when entering the United States), or if their visa has lapsed then the USCIS will overlook/forgive/waive the fact that the beneficiary is out of status. This is usually a huge issue, considering majority of the AOS that takes place in the United States are spousal petitions and the beneficiary is usually either undocumented or has long overstayed their original visa that got them here.

For an LPR, it is much, much different. The beneficiary/applicant of an LPR petitioner must maintain their good status with USCIS throughout the entire application process or risk having their application rejected or cancelled. If they do not, they will need to seek a waiver from USCIS for their overstay/undocumented status. The Immigration process goes contrary to the old saying “it is better to ask for forgiveness than permission”, with the United States government, especially with USCIS it is almost always better to ask for permission than forgiveness.

The processing times of AOS and CP also differ, and you should consult your immigration attorney as to which is the best pathway for you and your family.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!

The Deport Report – USCIS moves the moral compass on “Good Moral Character” requirement

Thu, 10 Nov 2022 00:58:57 GMT

Under INA 212(a)(2) and INA 237(a) , immigration laws have outlined the immigration consequences associated with criminal acts. Such criminal activity may render an applicant inadmissible or deportable or ineligible for the immigration benefit being sought. In addition, certain immigration benefits require an applicant to demonstrate that he or she has Good Moral Character (GMC) in order to demonstrate eligibility for the benefit. An alien’s criminal convictions can impact this GMC determination.

Prior to October 25, 2019 the tests for determination of an alien’s GMC was based in Matter of Cota-Vargas (2005) , Matter of Song (2018) , and Matter of Estrada (2013) . On May 28, 2019 Attorney General (AG) Whitaker directed the Board of Immigration Appeals (BIA) to refer Matter of Thomas and Thompson (2019) to his office for review. On October 25, 2019 AG Whitaker held:

The tests set forth in Matter of Cota-Vargas, Matter of Song, and Matter of Estrada will no longer govern the effect of state-court orders that modify, clarify, or otherwise alter a criminal alien’s sentence.

Such state-court orders will be given effect for immigration purposes only if based on a procedural or substantive defect in the underlying criminal proceeding; these orders will have no effect for immigration purposes if based on reasons unrelated to the merits of the underlying criminal proceeding, such as rehabilitation or the avoidance of immigration consequences.

This meant that a “term of imprisonment or a sentence” now refers to the alien’s original criminal sentence without regard to post-sentencing alterations for reasons other than a procedural or substantive defect in the underlying criminal proceeding.

On the same day AG Whitaker also released a decision on Matter of Castillo-Perez :

Evidence of two or more convictions for driving under the influence during the relevant period establishes a presumption that an alien lacks good moral character under INA § 101(f), 8 U.S.C. § 1101(f) .

Because only aliens who possessed good moral character for a 10-year period are eligible for cancellation of removal under section 240A(b) of the INA, 8 U.S.C. § 1229b(b) , such evidence also presumptively establishes that the alien’s application for that discretionary relief should be denied.

This means that evidence of two or more DUI convictions during the relevant statutory period establishes a rebuttable presumption of a lack of GMC and would disqualify an alien from seeking certain reliefs like 240A(b) Cancellation of Removal for certain legal permanent residents.

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