Immigration
We can help.
Family Immigration
Naturalization & Citizenship
Criminal Immigration
Deportation Defense
The mission of our firm is to work with each client and explore every possible avenue to address their immigration needs. Our staff has years of immigration experience in the areas of legal resident visas, spouse and fiancé visas, visas for immediate relatives of U.S. citizens, deportation defense, work visas, investor visas, and political asylum.
Family Immigration
Family Immigration Lawyer in El Paso
At The Matthew James, Attorney At Law, some of our most rewarding cases are ones ending with reunited families. We pride ourselves on helping individuals live their life with the ones they love. However, as complicated the immigration system can be for a single individual, family immigration can introduce another set of complications. If you or someone you know is looking to sew their loved ones into the fabric of American life, The Matthew James, PLLC, can guide you through the process.
Family Immigration: The Basics
Several immigrants receive U.S. citizenship through visas and sponsorship from U.S. citizens. Once an immigrant receives a green card or U.S. citizenship, they can sponsor other family members to receive similar immigration status.
Petitioning family members varies depending on your status and the desired purpose of your family member in the United States. There are visas designed for married (or soon-to-be-married) couples, student visas, workers who transferred from one branch of an international company to an American office, or other similar examples. The common thread between all of these visas is they require a great deal of preparation and paperwork, and every bit matters.
Family-based immigration divides family members into two groups, immediate relatives and non-immediate relatives. According to the USCIS, immediate relatives are spouses, unmarried minor children, and parents. There is an unlimited amount of visas available to immediate relatives each year, and a minimum of 226,000 available visas for non-immediate relatives. The sponsor must be a U.S. citizen or lawful permanent resident (LPR).
In the case of sponsorship, you and the beneficiary will have to go through a rigorous screening process. It often takes weeks or months of paperwork to apply for the visa, so it is incredibly important to consult an experienced family immigration lawyer.
Statistics on Family Immigration
Every year, over a million people become LPRs, with over half of these recipients being relatives of American citizens. There is a cap on family-based visas of 480,000 dictated by Congress with the categories being:
Unmarried adult children: 49,700 visas
Spouses and minor children: 87,900 visas
Married adult children: 23,400 visas
Brothers and sisters: 65,000 visas
For example, the cap on spouses and minor children is 87,900 visas per year. However, immediate relatives of these individuals are considered “derivative immigrants,” and can receive a visa under the same category. Call our office to receive more detailed information.
How Our Firm Can Help
When you contact our firm for family immigration assistance, we begin to walk you through the best route for you and your family. As stated before, the process can be very complicated and time-consuming, so getting everything right the first time is very important. Our firm will discuss the entire application timeline, from the first form to potential visa issuance, in addition to educating you on the most common mistakes.
Our goal is to help you reunite with your family. For many years, Attorney Matthew James has helped immigrants sponsor their loved ones to bring them to America, and would love to work with you and your family. Give us a call or schedule an appointment to begin the process with our team.
Naturalization & Citizenship
Citizenship & Naturalization Lawyer In El Paso
Naturalization–the process of becoming a U.S citizen–is undoubtedly an amazing milestone for any immigrant. It comes with perks such as voting, bringing family members to the U.S., and even becoming an elected official. Travel to and from the country is made much easier, but for most immigrants, the elimination of deportation risk one of the most significant benefits.
However, the road to naturalization is complicated and could backfire if done incorrectly. The deportation process could even be triggered in some cases after a citizenship request has been denied. The Matthew James, Attorney At Law, is well-versed in the confounding nature of naturalization law and procedures, meaning we can develop a plan to put your best foot forward in trying to obtain your citizenship. Having dealt with many of these cases, Mr. Matthew James understands what is at stake and will do everything in his power to ensure possible success for every client.
Naturalization and Citizenship In America
To be naturalized, applicants need to meet specific eligibility requirements. These criteria established by U.S Citizenship and Immigration Services (USCIS) and include:
Being eighteen years of age or older
Being a lawful permanent resident for a minimum of 5 years (and be present for 5)
Being able to understand and speak English
Being of good moral character
While reviewing your application, we will discuss with you the exceptions and nuances regarding the naturalization process. Our firm will review your naturalization application and help you build a great application for naturalization.
The naturalization process also includes an in-person interview, an English and civics test, and ends with taking the oath of allegiance. We help prepare you for your interview and test portion and attend this interview with you. This way, you can be confident in your ability to succeed and receive U.S citizenship.
Are you looking to make the leap to becoming a U.S. citizen? It’s a complicated process but we at The Matthew James, PLLC, know how to prepare you and your application to set you up for a possible success. We understand the naturalization process is likely something you have been working towards for years and we look forward to helping you complete the final leg of your journey. Call us today; let’s move forward together.
Criminal Immigration
Criminal Immigration Lawyer in El Paso
The world of criminal defense is made even more complicated in the context of immigrants and non-citizens. Authorities accusing immigrants or non-citizens of crimes often have an immense amount of power to deport or make an immigrant inadmissible. From a legal perspective, those facing criminal charges with certain immigration status or no status at all have a more complex road to citizenship. At The Matthew James, PLLC, we’ve spent years working with non-U.S. citizen addressing their criminal cases and achieving favorable outcomes
Inadmissibility at a Glance
Inadmissibility means you are not allowed to enter or remain in the country for a reason. Persons deemed inadmissible will be unable to apply for U.S citizenship or a green card and will be unable to reenter the country if they leave. While there are some exceptions, the main reasons for inadmissibility are:
Health
Criminal
National Security
Likelihood of Public Charge
Fraud/Misrepresentation
Prior Removals/Unlawful Presence
Criminal charges affecting inadmissibility are usually charges called “crimes involving moral turpitude.” The term “moral turpitude” has no federal definition, meaning that it is up to teach judge to decide what it is. Unlike more concrete aspects of inadmissibility, this section is incredibly vague but extremely powerful. However, for all inadmissibility cases, having an experienced lawyer on your side can mean all the difference.
Deportation and the Law
Deportation differs from inadmissibility in that it results in the forced removal of an individual, as opposed to merely restricting their ability to travel to the United States. Deportation is usually preceded by a holding period, where individuals are held from their loved ones before being removed from the United States.
Immigration authorities have a set of criteria they use to determine whether someone should be deported. While not an exhaustive list, crimes generally leading to the initiation of removal proceedings:
Crimes of Moral Turpitude
Drug Crimes
Domestic Violence
Firearms Offenses
Aggravated Felony
Again, we see the legally cryptic term “moral ambiguity,” but aggravated felonies can also be tricky. Immigration authorities have a great deal of flexibility in aggravated felonies, even having some non-felonies be classified as aggravated felonies. These charges carry the most severe penalties; loss of eligibility for asylum, voluntary departure, future U.S entry, and even removal.
However, even a misdemeanor can lead to deportation under certain circumstances. Immigrants truly have a much smaller margin of error than U.S citizens, especially in the current political climate, making it even more critical to hire an experienced trial lawyer.
Attorney Matthew James | A Criminal Immigration Lawyer
When faced with the most daunting legal challenges, choose Attorney Matthew James. Mr. Matthew James has navigated the turbulent turpitude of immigration law, achieving favorable outcomes for clients. Schedule your consultation right away to start fighting for your rights. Time is of the essence in these cases, so call today.
Deportation Defense
Deportation/Removal Defense - Protecting Your Rights To Stay
In the current political climate, the push to deport is at a fever pitch. The city of El Paso is no stranger to this, and the threat of deportation can cause heartache for you or your loved ones. Luckily, the right legal defense can slow and even stop the deportation process before it’s complete. At The Matthew James, Attorney At Law, we’ve been through countless deportation cases and try to recognize the best ways to keep you or your loved one right where they are.
What Can Trigger A Deportation or Removal
When dealing with deportation, it’s crucial to know why someone has been targeted for removal. Some of the triggering factors for removal include:
Smuggling non-citizens into the country
Being inadmissible at the time of entry or adjustment of status
Violate terms of visa, green card, or other status
Committing marriage fraud
A crime of moral turpitude
Violating travel or documentation restrictions
Convicted of a drug crime
Convicted of domestic violence
For the complete list of deportable offenses, you can click here. Regardless of the reasoning for your deportation, we can assist you in building the best case to defend your right to stay in the U.S.
How We Build Your Case
The deportation and removal process usually begins due to being arrested by U.S Border Patrol, local police, or ICE. In many cases, these agencies will attempt to initiate what is known as “expedited removal,” meaning removal without a hearing before an Immigration Judge. These legal officials may even try to persuade you to sign documents given law enforcement the green light to remove you without a hearing. Do not sign any documents without first speaking with an attorney.
No matter the status of your case, you have the right to have an attorney to assist you through the immigration court. Unlike criminal court proceedings, the immigration court has a different set of rules and procedures. As a result, it’s essential to hire an immigration attorney aware of these procedural differences and understands how to utilize them to your benefit. We at The Matthew James, PLLC., are acutely aware of these differences and use them to benefit our clients.
Defend Your Right To Stay With The Matthew James, Attorney At Law.
Deportation proceedings shouldn’t feel like a helpless event—you have the right to a lawyer and the right to defend your place in America. Time is critical in these cases; schedule your appointment today.