Immigration Overview

Immigration Lawyer Austin

Immigration and Nationality Law Legal Services

Immigration Laws in the United States are overly-complicated. Our qualified immigration attorneys will provide you with the assistance and information you need. At Jarvis, Garcia, & Erskine Law, we hope to help you navigate these laws to your satisfaction. Our goal is to help you achieve a beneficial result, no matter how much time or effort it takes.

Texas immigration attorneys Jarvis, Garcia, & Erskine Law, can assist you with immigration issues, including:

  • helping non–citizens already in the United States with family–based immigration matters
  • deportation hearings
  • obtaining Legal Permanent Resident status (LPR, also referred to as the holder of a “green card”)
  • becoming a citizen through the naturalization process
  • assisting immigrants who are victims of crimes with obtaining U visas
  • foreign–citizens with obtaining the appropriate K–3 spouse, K–1 fiance(e), or family–based visas to enter the United States
  • US Business’s obtain proper visas for their diverse workforce
    • K-1 Visa:
      • The K visa allows the fiancée or fiancé of an United States Citizen to enter the United States on an expedited basis, along with their children. Once the marriage takes place, the new spouse can then adjust status to obtain a green card and later apply for U.S. citizenship.
      • Qualifying for a K-1 fiancée/fiancé visa (and K-2 visas for minor children) can be complicated, especially if there is any question about the person’s admissibility or the validity of the relationship. Jarvis, Garcia & Erskine Law can help pave the way for your fiancée/fiancé to join you in the U.S. and start your new life together.
      • Are You Seeking A Fiancé(e) Visa?
      • The K-1 visa accelerates the immigration process, allowing a fiancée or fiancé to travel to the United States as a nonimmigrant and later convert to immigrant (permanent resident) status. Once your intended Spouse enters the U.S. on a K visa, you must be married within 90 days, or the visa becomes invalid and your fiancé(e) is subject to removal.
      • We help American citizens and their intended spouses properly file the Form I-129F Petition for Alien Fiancé(e), and later file Form I-485 to adjust status and obtain a green card. The U.S. government wants assurance that the marriage will take place and that it is not a sham arrangement for obtaining immigrant status. Our knowledge of the evidence required (photographs, birth certificates, etc.) and the consular interview process will help you assure the U.S. Citizenship and Immigration Service (USCIS) that your K visa petition is legitimate and proper.
      • Helping Couples Start Their Life Together
      • Our job is to assist you with any legal issues so that the two of you can focus on your wedding and build your life as a married couple, and to assist with adjustment of status so that your foreign-born spouse can find work, and one day adjust to citizenship.
      • Call our Austin immigration attorneys at 512-359-3030 or email us to discuss a fiancé/fiancée visa and any related issues. Hablamos español.
    • K-3 Visa:
      • Immigration law presents obstacles and difficulties for the most seasoned of legal counsel. Dealing with bureaucracies that have strict deadlines and lengthy timetables, requires dedication, patience, and diligence. Our attorneys guide and support our clients throughout the entire process to overcome any obstacles they face.
      • Solving and mitigating problems, and reuniting our clients with their spouses makes a complex and time-sensitive process worthwhile.
      • Dedicated To Bringing Couples Back Together Through A K-3 Spouse Visa
      • Few aspects of our legal practice are more rewarding than bringing family members into the United States and helping them make a home in the U.S.A. The family-based immigration law practice at Jarvis, Garcia & Erskine Law serves the Metro Austin area and central Texas. We can not only help obtain visas or green cards for your spouse, but also address problems that threaten a family member’s immigrant status or ability to enter the country.
      • In various cases, visas are meant to reduce the time apart between foreign citizen and U.S. citizen spouses. The K-3 visa provides the option to secure a nonimmigrant visa in the country where the marriage took place. From there, they enter the United States and await approval of their petition. Filed by the U.S./citizen spouse, certain requirements must be met for approval.
      • Immigration Lawyers Overcoming The Challenges On Your Behalf
      • Issues that are important to you are also important to us. Our attorneys and staff will do everything possible to reunite you with your spouse and protect their immigration status. Contact our Austin family-based immigration attorneys by calling 512-359-3030. You can also email our law firm. Hablamos español.
    • DOMA / Same-Sex Spouses:
      • The state of Texas now has to sanction gay marriage or recognize same-sex marriages from other states or countries. After a landmark Supreme Court ruling in 2013, the United States government does recognize same-sex relationships for purposes of immigration.
      • If you are a U.S. citizen who is engaged or married to a foreign national of the same sex, you can sponsor your fiancé(e) or spouse in petitioning for a K visa. Once your spouse/partner has entered the U.S., they can apply for adjustment to permanent status (green card).
      • The law firm of Jarvis, Garcia & Erskine Law assists clients in the Metro Austin and Central Texas with K-1 fiancé(e) visas and K-3 marriage visas, as well as K-2/K-4 visas for minor children of the foreign national. We can assist same-sex couples with the technicalities of the immigration process and with any questions or complications that arise.
      • My fiancée/fiancé has arrived in the U.S. Now what?
      • Some Counties in Texas will still try to make it difficult for you to marry your foreign-born fiancé(e), but in Travis County (Austin and surrounding cities), Same-Sex Marriages are welcome by the courts. To comply with the K-1 visa, you must be married within 90 days in a U.S. state that authorizes same-sex marriage. However, returning to live in Georgia will not have any impact on immigration status, even though the marriage is not recognized under state law.
      • Immigration For Same-Sex Spouses And Fiancé(es)
      • In the past, the federal Defense of Marriage Act (DOMA) prevented the United States Citizenship and Immigration Service from recognizing same-sex partners as eligible for family-based visas. This was a hardship for couples who also could not marry under the laws of the partner’s home country, or who were legally married but wanted to live in the United States. The only option was for the non-citizen spouse/partner to obtain a green card through employment or other family members, which might take years.
      • In Windsor v. United States, the U.S. Supreme Court struck down portions of DOMA as unconstitutional, and the USCIS soon signaled that it would consider petitions for same-sex partners no differently than other K-1 or K-3 visa applications. As long as all other immigration requirements are met, there are no longer any barriers.
      • Our lawyers can assist with the I-129F Petition for Alien Fiancé(e) or I-130 Petition for Alien Relative (spouse) to enter the U.S. as a nonimmigrant, the I-485 Petition to Adjust Status to permanent resident (green card) after the marriage has taken place, and eventually the N-400 application for citizenship.
      • Committed To The Rights Of All Immigrants
      • For knowledgeable advice about same-sex couples and U.S. immigration, please call our Austin immigration attorneys at 512-359-3030 or contact us by email. Hablamos español.
    • Special Immigrant Juvenile Status:
      • Children of immigrants can be especially vulnerable. Too many children are treated badly or abandoned. Many children lack friends and family here in the U.S., yet it may also be dangerous to return to their home country.
      • Special Immigrant Juvenile (SIJ) status provides safety and stability for noncitizen children under the age of 18 who are at risk of removal from the United States. At Jarvis, Garcia & Erskine Law, our lawyers have successfully helped neglected, abused and abandoned children file petitions for SIJ status.
      • Our immigration law practice serves immigrant children in the Metro Austin and throughout Central Texas. Our goal is to allow those children to remain in the U.S. so they can eventually get a green card (permanent resident status).
      • Why Is SIJ Status So Important?
      • Children of undocumented immigrants are sometimes abandoned when their parents are deported, jailed or killed. In some instances, they are homeless. Living on the margins — away from school systems, law enforcement and social services — also makes them vulnerable to all types of danger and harm. Such danger/harm can include sexual abuse, physical violence, lack of food and shelter; as well as other form of abuse and neglect.
      • Our law firm understands these dangers, and we want to help. Contact us today to talk to a lawyer who can stand up for you. Call 512-359-3030.
      • What Does It Take To Get A Juvenile Green Card?
      • The United States Citizenship and Immigration Services (USCIS) provides relief under Special Immigrant Juvenile status to children who are escaping bad situations. Here are the steps:
      • A Texas court must decide that (a) the child has been neglected, abused or abandoned by one or both parents and (b) that returning to his or her home country would not be in the child’s best interests.
      • The next step is for the child (or an adult acting on behalf of a child) to petition the USCIS for a Special Immigrant Juvenile visa. Our attorneys work to show that the youth deserves the protection of the U.S. government.
      • After SIJ status is granted, the youth can apply for a green card. We can argue for a waiver of certain issues (such as mental health disorders, addictions or engaging in prostitution) that would make the minor “inadmissible” as a permanent resident.
      • What Should I Do If I Know An Immigrant Child Who Needs Help?
      • Jarvis, Garcia & Erskine Law is often contacted by family members who have stepped in to care for an abused or abandoned child. We are also contacted in other situations when children cannot be returned to their parents or their home country.
      • If you know a child in this situation, please call our Austin lawyers right away at 512-359-3030 or contact us by email. The consultation is free. Hablamos español.
  • US Business’s obtain proper visas for their diverse workforce
    • You May Qualify For An Investor Visa
      • The attorneys at Jarvis, Garcia & Erskine Law would be honored to assist clients with immigration-related matters. If you are considering investing in a business in the United States and you would like to make the United States your home, we can help you obtain an EB-5 visa.
    • Who Qualifies For An Investor Visa?
      • Congress created the EB-5 visa in 1990 with the goal of stimulating the U.S. economy via the help of foreign investments. By creating this visa type, Congress has opened up the possibility for foreign investors in new, troubled or expanding commercial enterprises to immigrate to the United States if their investments meet the following criteria:
        • The investment must be in a new business or expand an existing business’s employee base or net worth by 40 percent.
        • The investment must be in a for-profit business.
        • The business must create or save a minimum of 10 jobs within a two-year period.
        • A minimum investment of $1 million is required in most areas. In rural areas or areas with high unemployment, the minimum investment is $500,000.
        • Learn More About U.S. Investor Visas During A Consultation