Frequently Asked Questions

Learn the facts and get immediate answers to the most frequently asked questions in different legal matters. Feel free to reach out to our team to schedule a consultation.

What are the different types of visas available to immigrate to the United States?

There are different types of visas available, some of the most common ones are student visas, investor visas, visitor/travel visas, and under each type of visa are different categories which could make you eligible.

Am I Eligible for DACA?

In order to be considered for the Deferred Action for Childhood Arrivals (DACA), the applicant must submit evidence and supporting documents of the following: • Be under the age of 31 as of June 15, 2012 • Came to the United States before reaching your 16th birthday • Have continuously resided in the United States since June 15, 2007, up to the present time • Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS • Had no lawful status on June 15, 2012* • Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and • Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

What is a green card?

A green card is formally known as a “lawful permanent resident” card. This card once obtained is proof of U.S. residency. There are several ways that one can obtain a green card, either through family, employment or other means.

When and how can I apply for U.S. Citizenship if I am a lawful permanent resident?

Eligibility depends upon a number of factors. Generally, a person will have had to be a lawful permanent resident for 5 years in order to apply (or 3 years based upon marriage to a U.S. Citizen).

I am the victim of abuse in the United States. Is there a visa that can protect me?

Under the provisions of the Violence Against Women Act (VAWA), the U.S. provides visas for men and women and their children who are the victims of an abusive relationship. Consult an immigration attorney to learn your options.

Can my landlord require that I provide proof of my immigration status?

No. The landlord should not ask about your immigration status since no state or federal law currently requires them to do so.

What is alimony?

Alimony is spousal support. It is money one spouse pays to the other by court order, or by agreement, for support and maintenance after a separation or divorce.

What qualifies as domestic violence?

The types of domestic violence are as varied as each unique situation. In short, it is any physical or emotional harm to yourself and your family.

How long does it take to finalize a divorce?

In accordance with Texas Laws, a waiting period of 60 days is required. However, the divorce may take longer if the parties are trying to work out the terms of the divorce, such as custody of children, child support, property division, and so on. If an agreement is not reached, either party may schedule a hearing at any time after the 60 day waiting period.

Who will get custody of the children?

Both parents should agree on which party will get primary custody and which will get visitation. If both parties are unable to come to an agreement a judge will rule based on the evidence presented and the best interest of the children. Both parents have the same legal rights to the children until there is a court hearing. Until that hearing, each parent has the right to be with the children. A temporary restraining order is usually issued automatically by the court when a divorce petition is filed that will forbid the parents from changing the kids’ residence or hiding them from the other parent. A temporary restraining order, however, does not award anyone custody.

What is mediation?

Mediation is a formal settlement session in which a neutral person trained in dispute resolution meets with the parties and gets them to talk about the case and their differences. Mediation is preferable to litigation in many circumstances for a number of reasons. Mediation is seen as much less aggressive, saves considerable amounts of money and time for most individuals who choose it over litigation.

How is child support calculated?

Every state establishes numerical child support guidelines. Child support is based on a percentage of the non-custodial parent’s income. It is from this percentage that the child support is calculated. The percent of net resources will be 20% for 1 child, 25% for 2 children, 30% for 3 children, 35% for 4 children, and 40% for 5 children. There are caps and other considerations on child support amounts that may affect some individual payors.

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