Reina & Bates Reina & Bates 2026-05-28T16:01:43Z https://www.reinaimmigrationlawyers.com/feed/atom/ WordPress /wp-content/uploads/sites/1402169/2019/10/cropped-site-identity-32x32.jpg On Behalf of Reina & Associates <![CDATA[Can you get a marriage-based green card even if you overstayed?]]> https://www.reinaimmigrationlawyers.com/?p=52265 2026-05-28T16:01:43Z 2026-05-28T15:53:31Z Does overstaying a visa automatically disqualify you? Overstaying your visa does not automatically prevent you from obtaining a marriage-based green card. However, your eligibility depends on who you married. If your spouse is a U.S. citizen, you remain eligible to apply for adjustment of status. Federal law exempts immediate relatives of U.S. citizens from this legal standard. The situation differs if you married a lawful permanent resident instead of a U.S. citizen. In that case, overstaying typically makes you ineligible to adjust your status while remaining in the U.S. You would likely need to return to your home country for consular processing.

What happens if you leave the U.S. after overstaying?

Leaving the United States can trigger severe complications. If you accumulated more than 180 days but less than one year of unlawful presence, departing the country voluntarily before removal proceedings begin triggers an automatic three-year bar from re-entering. If you overstayed for one year or more, you face a ten-year bar. These bars apply even if you are married to a U.S. citizen. However, certain waivers may be available depending on your circumstances. The waiver process requires demonstrating that your U.S. citizen spouse would suffer extreme hardship if you cannot return.

What factors affect the eligibility for a marriage-based green card?

Besides the length of your stay and your spouse's citizenship status, multiple factors also matter. Your immigration history and any previous violations can impact your case. The timing of your marriage relative to your visa status may also be reviewed during the application process. Each situation is unique and requires careful consideration of all relevant circumstances.

Evaluating your immigration options

Marriage-based green cards remain possible for many people who have overstayed their visas in Texas. However, the process depends heavily on specific details of your case. In such cases, you may benefit from having legal counsel review your circumstances.]]> On Behalf of Reina & Associates <![CDATA[When can green card holders apply for U.S. citizenship?]]> https://www.reinaimmigrationlawyers.com/?p=52263 2026-05-22T10:10:01Z 2026-05-22T10:10:01Z What are the basic requirements? Federal law establishes specific criteria for all citizenship applications. Before applying, an individual must meet the following requirements:
  • Be 18 years of age or older when submitting the application
  • Be a lawful permanent resident with a valid green card
  • Demonstrate good moral character during the required period
  • Meet the English language requirement for reading, writing and speaking
  • Pass the civics test covering U.S. history and government topics
  • Be willing to take an oath of allegiance to the U.S.
Some applicants may qualify for exemptions from the language and civics tests based on age or disabilities.

How long must a person hold a green card before applying?

Generally, permanent residents can submit citizenship applications after maintaining lawful status for five years. While this timeline is frequently generalized as three months, federal rules allow early filing up to exactly 90 days before the five-year anniversary date. Applicants must calculate this window precisely using the U.S. Citizenship and Immigration Services’ (USCIS) Early Filing Calculator, as filing even one day too early will result in an immediate denial. However, the waiting period also depends on how one obtained their green card. If an immigrant got their green card through marriage to a U.S. citizen, they may apply after just three years. In such cases, the couple must remain married and live together in the same home when they apply. Military service members also have different criteria. Those who served during peacetime can apply after one year of service. Veterans who served during a time of conflict may apply right away.

How much time must be spent physically in the U.S.?

Physical presence refers to the actual days spent inside the country. This is different from continuous residence. Generally, one must maintain the following:
  • At least three months of residence in Texas or the local USCIS district before filing (as required by USCIS district residency rules)
  • Continuous residence without making long trips outside the U.S.
The physical presence requirement also depends on the specific naturalization rule that applies to one’s case. Generally, applicants under the five-year rule need at least 30 months of physical presence in the U.S. Applicants under the three-year rule need at least 18. Be cautious about extended trips abroad. Continuous absence between six and 12 months creates a legal presumption that the person abandoned their U.S. home. Some can challenge this by showing evidence of ongoing ties to the country. However, a trip of one year or longer will automatically break continuous residence and reset the clock.

Taking the next step in the U.S.

Knowing when to apply for citizenship is just the beginning. The naturalization process involves careful preparation and attention to detail. Travel histories, marriage timelines, and residency all affect overall eligibility. Legal counsel may be helpful to determine which requirements apply to their situation.]]> On Behalf of Reina & Associates <![CDATA[What are the benefits of military naturalization?]]> https://www.reinaimmigrationlawyers.com/?p=52260 2026-05-18T14:20:55Z 2026-05-18T12:20:31Z Expedited process If you serve or have served honorably, you may be able to get U.S. citizenship faster. You may not need to wait five years to apply. Moreover, you can apply no matter where you are stationed. During certain times of conflict, you may be able to apply for citizenship as soon as you start active-duty service. Applying earlier may also help you become a citizen sooner. Even if you do qualify for military naturalization, waiting can delay the following:
  • Biometrics
  • Interviews
  • Background checks
  • The oath ceremony
By applying sooner, you get into the processing queue earlier and can get citizenship much faster.

Fee exemption

Naturalization often comes with high filing fees. However, you may qualify for a full fee waiver from the U.S. Citizen and Immigration Services (USCIS) if you are an active-duty service member. This waiver can cover the Form N-400 fee and any required biometrics. That can make the military path to citizenship much more affordable. Eligibility depends on several factors, including:
  • Service period
  • Discharge type
  • Peacetime or period of hostilities requirements
Looking into your specific qualifications can help you determine the total cost of your application.

Possible citizenship for your loved ones

Some family members may also benefit when you apply for citizenship through the military. Your spouse may be able to become a citizen faster or while living overseas if they meet certain requirements. Your children may also qualify for these benefits. In addition, any minor child in your legal custody who is a lawful permanent resident (LPR) automatically becomes a U.S. citizen when you naturalize.

Rewarding your service and sacrifice

You deserve to secure a future of opportunity for you and your family. If you are in the military, you may be able to become a U.S. citizen faster and with fewer steps. A lawyer can help you complete and file the forms to start the naturalization process.]]> On Behalf of Reina & Associates <![CDATA[What green cards are based on employment?]]> https://www.reinaimmigrationlawyers.com/?p=52258 2026-05-05T07:04:23Z 2026-05-05T07:04:23Z EB-1 priority workers This permanent work visa is for select employees with recognized expertise and valuable skills, including:
  • People with exceptional abilities in science, art, education, business or sports
  • Acclaimed professors and researchers with at least three years of experience
  • Managers or executives with a minimum of three years of employment at the U.S. employer’s overseas equivalent
Eligible individuals do not need a labor certification in order to get an EB-1 visa.

EB-2 second preference employees

The EB-2 visa is available to professionals holding an advanced degree or a bachelor’s degree with at least five years of progressive and related experience. Moreover, those with above-average proficiency in the sciences, arts or business field may qualify for an EB-2 visa.

EB-3 skilled workers, professionals and unskilled workers

Employees who have a bachelor’s degree and skilled and unskilled laborers with non-temporary offers of employment from U.S. employers are eligible for the EB-3 visa. A labor certification is also required to become an EB-3 holder.

EB-4 certain special immigrants

EB-4 visas are given to a specialized category for employees who meet a specific type of criteria, including:
  • Certain religious workers
  • Staff at U.S. foreign service posts
  • Retired workers from international organizations
  • Specific physicians
  • Noncitizen minors who are under the care of U.S. courts
Due to the distinct criteria for EB-4 visa eligibility, workers do not need labor certification to get it.

E5 immigrant investor program

EB-5 visas are for foreign backers who finance new businesses in the United States that provide employment opportunities. Eligible individuals must make significant contributions to new enterprises or targeted employment areas that create a minimum of 10 full-time U.S. jobs. Moreover, the EB-5 visa does not require labor certification.

Turning a job opportunity into a secure future

Choosing a work visa as a starting point is not just about meeting a career milestone. An employment-based green card can help open the door to the full benefits of U.S. citizenship. A lawyer can assist employees in positioning themselves for a favorable outcome.]]> On Behalf of Reina & Associates <![CDATA[What ICE can and cannot do — know your rights]]> https://www.reinaimmigrationlawyers.com/?p=52256 2026-04-26T10:47:46Z 2026-04-26T10:47:46Z When you hear news about immigration enforcement in Texas, it is natural to feel a sense of uncertainty. You might see a patrol car or hear stories from neighbors and feel that familiar knot in your stomach.  However, fear is easier to manage when you know the facts. You deserve to walk through your day with a clear understanding of the rules that federal agents must follow.

Understanding judicial warrants vs. administrative detainers

One of the most important things you can learn is that not every piece of paper an officer carries is a warrant to enter your home. Agents from U.S. Immigration and Customs Enforcement (ICE) often carry administrative warrants, which are documents signed by their own supervisors. These do not confer the legal authority to enter your home without your explicit permission. Only a judicial warrant, which is signed by a judge or a court, authorizes them to enter a private residence. If an officer comes to your door, you can ask them to slide the paper under the door or hold it up to a window so you can verify for a judge’s signature.

Invoking your Fifth Amendment right 

The Fifth Amendment grants you the right to remain silent, regardless of your citizenship status. You need not answer questions about your birthplace or immigration history. Simply state that you are asserting this right and wish to speak with a lawyer. Keeping a "know your rights" card can communicate this for you if you feel too apprehensive to speak.

Knowing your rights at home, at work and in public

The rules change slightly when you are in public or at your job. In a public street or park, officers can generally observe anything in plain view. However, the officers still cannot detain you without a legally sufficient reason.  At your workplace, the law requires that agents have either a judicial warrant or the explicit consent of your employer to enter non-public areas. This includes places like the kitchen of a restaurant or a private office. Understanding these physical boundaries helps you know when an agent might be overstepping authority.

Protecting yourself before enforcement knocks

In Texas, the intersection of state and federal law is constantly shifting. Staying informed is not just about knowing the law; it is about maintaining your composure during a stressful moment.  When you know your rights, you can act with a sense of calm and purpose. Preparedness is your most effective tool for navigating the complexities of the current legal climate.  ]]> On Behalf of Reina & Associates <![CDATA[What to do if you are arrested while on a green card]]> https://www.reinaimmigrationlawyers.com/?p=52252 2026-04-06T15:43:08Z 2026-04-06T15:43:08Z Stay calm and be careful what you say After an arrest, law enforcement may ask questions about the incident or your background. However, some charges carry higher risks and have much more serious immigration consequences than others. Crimes involving violence, theft, drugs or fraud may affect your ability to remain in the U.S. Even convictions that seem minor under state law can carry heavy penalties. For instance, pleading to or being convicted of a particular offense can make you removable, prevent you from renewing or reentering on your green card or make naturalization more difficult. In situations like these, it can help to pause before responding and avoid sharing more information than necessary.

Understand the consequences before making decisions

You may have the option to resolve your case through a plea agreement. While this can settle the criminal matter, it may also trigger deportation consequences. Immigration law may still treat a reduced charge as a serious offense. Some convictions may lead to removal or make it difficult to renew your green card or apply for citizenship. Under the Padilla advisement, the Constitution requires attorneys to advise their non-citizen clients of the potential immigration impacts of a plea bargain before they decide how to proceed. Understanding these risks ahead of time can help you make more informed decisions about your case. Keep detailed records of your case, including court dates, charges and any updates. It is important to meet deadlines and follow instructions carefully throughout the proceedings. Staying organized and tracking each step can help you avoid unnecessary setbacks.

Protecting your status after an arrest

An arrest does not automatically result in the loss of your green card. However, it can increase your immigration risk depending on the circumstances. Staying informed, organized, and deliberate in your actions can help protect your status and reduce complications as your case moves forward. You may also benefit from speaking with a professional who is familiar with both the criminal justice system and immigration law.]]> On Behalf of Reina & Associates <![CDATA[What disqualifies you from getting U.S. citizenship?]]> https://www.reinaimmigrationlawyers.com/?p=52246 2026-03-17T08:38:37Z 2026-03-19T05:00:53Z Common reasons why you may not qualify for U.S. citizenship You must show good moral character during the review period to qualify for citizenship. Guidance from the U.S. Citizenship and Immigration Services explains how officers may review your behavior. Several issues can lead officials to deny a citizenship application:
  • Providing false information on your application: Giving false or incomplete details about your background or criminal record can lead to denial.
  • Serious criminal history: Arrests may raise concerns about good moral character. Applicants with DUI, traffic violations, domestic violence or drug crime offenses will likely receive closer reviews.
  • Criminal activity related to gambling: If you depend on gambling for income or you have several gambling arrests, it may affect your eligibility.
  • Human smuggling arrests: Helping someone enter the U.S. illegally is a serious immigration offense.
  • Failure to meet residency requirements: Long trips outside the country may affect your record of continuous residence in the U.S.
  • Tax compliance problems: Unfiled tax returns or unpaid taxes can also affect your application.
Knowing these possible reasons can help you take steps to address them before you submit your application.

Planning carefully before applying for citizenship

If you are planning to apply for U.S. citizenship, review your personal history and legal records. Immigration officers often look at these details before approving an application. Understanding the rules can help you identify possible problems before applying. Taking time to prepare can also help guide your next steps as you work to become a U.S. citizen.]]> On Behalf of Reina & Associates <![CDATA[What if Texas police ask my immigration status?]]> https://www.reinaimmigrationlawyers.com/?p=52248 2026-04-10T19:27:58Z 2026-03-17T12:19:21Z Do police have the authority to ask about your status? Texas police can ask about a person’s immigration status during a lawful stop or arrest, but they are not required to do so. Generally, you do not have to answer questions about your citizenship or how you entered the U.S. However, a state law prevents local police departments from creating policies that would prohibit officers from asking these questions.

What you must provide to police

If you are lawfully arrested, Texas law requires you to provide your name, address and date of birth. During a simple detention, this duty is more limited, and it never obligates you to discuss your immigration status.
  • Provide your name, address and birth date only if arrested
  • Show your driver's license during a traffic stop
  • Remain silent about your country of origin or citizenship
  • Decline to show documents like visas or green cards to local police
Failing to provide legally required identification can lead to a separate charge, but this duty does not extend to discussing your immigration details. If an officer arrests you and suspects you are a noncitizen, they may contact federal officials. This can result in an immigration detainer, a formal request for a jail to hold you for up to 48 hours past your release time. This extra time allows federal agents to take custody and potentially begin deportation proceedings.

Protecting your rights during a stop

During any police interaction, remain calm and polite, as you have the right to stay silent about your immigration status. If arrested, do not sign any documents without first speaking to a lawyer. Understanding how criminal charges affect you is a critical part of protecting your future.]]> On Behalf of Reina & Associates <![CDATA[Why do some citizenship applications take longer to process?]]> https://www.reinaimmigrationlawyers.com/?p=52242 2026-03-12T13:51:59Z 2026-03-12T13:51:59Z Applying for U.S. citizenship is a major goal for many people in Texas. After you file Form N-400, you likely want the process to move fast. However, some cases take more time than others. In the legal world, delays usually happen for specific reasons. Understanding these rules can help you stay prepared.

Missing information or incomplete forms

A common reason for a pause is a mistake on your paperwork. The application asks for many details about your past travel, jobs and home address. If a form is missing info, U.S. Citizenship and Immigration Services (USCIS) will stop working on it. If they need more proof, USCIS will send a Request for Evidence (RFE). This is a formal letter asking for marriage records or tax files. You must be careful: under federal law, you usually have only 30 days to reply to an RFE. If you miss this deadline, the government can immediately deny your application.

Background checks and eligibility

Every applicant must pass a three-part security check. This includes an FBI fingerprint check, an FBI name check and a DHS database review. If these checks show any issues, your case will take longer. Certain problems can also lead to a denial, not just a delay. For example, staying outside the U.S. for too long or failing to pay taxes can break the Good Moral Character rule. This is a legal requirement you must meet to become a citizen.

Your rights during a delay

Processing times also change based on how busy your local Texas field office is. However, the law gives you protection if the wait is too long. If USCIS holds an interview but does not give you an answer within 120 days, you have the right to ask a federal judge to review your case.

Why legal help matters

Waiting for months can be stressful. An immigration lawyer can check your forms for errors before you file. They can also help you respond to an RFE or talk to the government if your case is stuck. Having an expert on your side helps you move forward with confidence.]]> On Behalf of Reina & Associates <![CDATA[Can marriage fraud accusations lead to deportation in Texas?]]> https://www.reinaimmigrationlawyers.com/?p=52230 2026-02-20T13:12:21Z 2026-02-20T12:26:45Z Falling in love and getting married should feel personal, not like a legal investigation. However, when you apply for immigration benefits through a spouse, officials examine your relationship closely. If they suspect the marriage exists only for a green card, they may accuse you of fraud.  In Texas, where many families rely on family-based immigration, that accusation can put your legal status and future in the United States at risk.

How marriage fraud concerns come up

Because marriage is a common way to gain legal status, immigration officers often watch closely for signs that a relationship might not be genuine. These concerns can show up during ordinary immigration steps, such as attending interviews, submitting documents or responding to follow-up questions. Even small details may suddenly carry a lot of weight. Common red flags include:
  • Living at different addresses without a clear reason
  • Giving conflicting answers about routines or important dates
  • Lacking joint bills, leases or bank accounts
  • Showing very few photos or messages from your relationship history
Noticing these gaps can make officers question whether the marriage serves immigration purposes only. That scrutiny may delay your case, deny the petition or refer it for a fraud review.

How accusations can affect your status

Once fraud enters the picture, the stakes rise quickly. A denied marriage petition may lead to accusations that you lied to get a green card.  A finding of marriage fraud can block future petitions and affect credibility in later applications. For green card holders, this can trigger removal proceedings in immigration court. Providing proof of a shared life can make a difference. Joint tax returns, insurance policies, travel records or statements from friends can help show your marriage is genuine. Working with an immigration attorney can also assist with organizing evidence and addressing fraud claims in court.

Protecting your future

Marriage fraud accusations can shake your stability. Still, documenting your life together clearly and keeping information consistent may help officials see your relationship as real. Building that record can protect your ability to stay with your family and continue your life in Texas.]]>