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San Antonio Immigration Law Blog

Immigration policy reversals could take time

Presidential candidate Joe Biden has promised sweeping changes to President Trump’s immigration policies if the Democrat is elected this November. However, a return to Obama-era rules won’t be easy, according to immigration experts.

Analyst Sarah Pierce of the nonpartisan Migration Policy Institute says it’s unrealistic to believe that a Biden administration could undo all the changes made by Trump in one term. Pierce says the current administration’s impact will likely be felt for years.

Immigration: Questions to be wary of during a job interview

Many Texas households include members who have immigrated to the United States from other countries. If you fit this category, you can no doubt remember your first few days or weeks in your new home. Perhaps you're still in the beginning stages of your journey and are currently seeking gainful employment. 

Interviewing for a new job can be stressful, even for people who have lived in the U.S. all their lives. If you have a language barrier or have not yet fully acclimated to a new culture, you might feel nervous or even afraid when your prospective employer starts asking questions. There are certain questions he or she should not ask because doing so places you at risk for discrimination.

White House seeks to expand biometric data collection of immigrants

This week a proposed White House policy came to light that could jeopardize the privacy of millions of U.S. immigrants – as well as some U.S. citizens. The proposed measure would require anyone associated with an immigration application process to provide highly sensitive biometric information to the government – which would be kept in perpetuity.

Here’s what the proposed change is, and why it matters:

If an American gives birth abroad, can the baby get U.S. citizenship?

If you are an American and your child is born in another country, they may be eligible to acquire American citizenship. However, unlike children who are born in the U.S., this citizenship is not automatic.

In order to apply for your child’s U.S. citizenship, you’ll need to report their birth in person at the nearest U.S. embassy or consulate – by filing a Consular Report of Birth Abroad (CRBA). While you can file this anytime before your child’s 18th birthday, it’s advised that you do this as early as possible.

What should I do if I’m facing removal?

Immigrants provide substantial value to Texas’s culture and economy. Many have built businesses, families and communities that strengthen the Lone Star State. However, at some point, they must prove their right to remain here. They can do so through a visa, green card or other forms of documentation.

Unfortunately, if they don’t, it could result in removal from the United States.

Why the high turnover of immigration judges recently?

Facing an unending case load is nothing new for immigration judges. Immigration courts are known for having backlogs of cases months – or even years – long.

But in the last few years, these judges have begun leaving the bench in startlingly high numbers. In the last year alone, 35 such judges have either retired or resigned. What accounts for this mass exodus from the bench?

Why legal immigrants are afraid to file for unemployment benefits

The global health crisis has hit the U.S. economy hard – leaving millions of people unemployed. While the federal government has responded by creating unemployment insurance programs that can assist nearly all categories of workers, many legal immigrants are afraid of what accepting unemployment benefits could mean for their immigration status.

Are you hoping to bring your foreign fiance to the United States?

Getting married is an exciting time in any Texas resident's life. Planning a wedding can certainly prove complicated, but for individuals who want to marry a non-citizen, the process may be even more tricky. Fortunately, that does not mean that it is impossible. You will just need to go through more steps and will likely need more assistance. 

If you live in the United States and met your fiancé while abroad or through online connection, you may have planned for your fiancé to come to the U.S. to live. If this is the case, he or she will need to obtain a visa in order to travel to the country.

National Hockey League team sued USCIS over coach’s EB-1 denial

The right coach can make or break a team. Professional sports teams take coach selection very seriously, and they only want the best.

This was the motivation behind the National Hockey League (NHL) Buffalo Sabres’ attempt to hire a widely renowned strength and conditioning coach, Ed Gannon. Born in the United Kingdom, this hockey coach required an EB-1 visa to work in the United States. Sabres management believed that Gannon’s world-class credentials spoke for themselves – and plainly demonstrated why he deserved to come here.

What is a request for evidence, and what does it mean for my visa?

Your employer filed a petition for your H-1B visa months ago. The wait to find out whether you’ll be accepted can feel like an eternity. This pivotal decision could be a defining moment in your career.

At long last, you finally receive word from the United States Citizenship and Immigration Services (USCIS). But instead of the anticipated acceptance letter, it’s something you hadn’t expected: a Request for Evidence (RFE).

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