There are two basic sources for federal law in general and immigration law in particular. First, Congress passes a basic statute and then amends it to address changing conditions. In the immigration context we have the Immigration and Nationality Act of 1952, as amended, which is the law the Immigration Service must enforce. To do[…]
The general consensus at this time is that immigration reform will not actually happen until after the mid-term elections in November 2014. However, a new theory has surfaced which indicates that immigration reform might in fact happen in early 2014 before the election. One of the many reasons for the delay in immigration reform is[…]
One of the most difficult aspects of legally entering the U.S. is the concept of “intent”. In addition to the fact that we cannot read people’s minds, the legal concept of “intent” has different meanings at different times in the process. When a person applies for a visa at the U.S. Consulate abroad, he or[…]
As many of you know in 1996 Congress created the three year, ten year, and permanent “bars” which almost single handedly created the situation where 11 million people without status are “trapped” in the U.S. In effect, individuals who enter the United States without status or who lose their status after entry and who[…]
There is an old saying that you do not want to watch two things being made: legislation and sausage. This adage is certainly being proven true in Congress these days as we watch the fight over immigration reform. Over the next year as we watch the Senate and House of Representatives fight over the extremely[…]
USCIS Postpones Engagement on Provisional Unlawful Presence Waiver Process On April 19, 2013 I was scheduled to participate in a United States Citizenship and Immigration Services (USCIS) engagement focusing on the newly implemented I-601A Provisional Waiver Process. The rule, which was formally announced on January 2, 2013 allows certain individuals here in the[…]
HAPPY 35TH BIRTHDAY TO THE OLDEST IMMIGRATION LAW FIRM IN NORTH TEXAS Dallas, TX – On March 31, 2013 the oldest immigration law firm in North Texas will celebrate its 35th anniversary. The law firm of Tidwell, Swaim & Associates, P.C. (“TSA”) was founded on March 31, 1978 by Samuel M. Tidwell, a former Border Patrol[…]
In some situations a person may be in one nonimmigrant status and want to apply for another category. This is referred to as a Change of Status. In other situations, a person may want to remain in the United States in their current classification, but for a longer period then was authorized. This is referred[…]
Navigating the maze of laws, regulations and other rules governing immigration in the U.S. can be intimidating. Even after you have managed to successfully obtain a green card you are not home free yet. Frequent, extended or even brief trips out of the country can put your future plans to obtain naturalization and your green[…]