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Maintaining Legal Status in Texas
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It is critical for noncitizens and immigrants residing in the United States to maintain legal status. Your legal status dictates your ability to continue residing in the U.S. and the activities you can participate in while in the country.
Legal status generally pertains to a person or entity’s legal condition. In U.S. immigration law, legal status refers to the visa category a person has been assigned. The visa category states the holder’s privileges, duration of their stay, purpose of their visit to the U.S. and whether they are lawful permanent residents or nonimmigrants (temporary visa). Violations of the privileges or restrictions of the visa can be detrimental to one’s legal status.
An immigrant’s or nonimmigrant’s legal status is directly related to their purpose for being in the U.S. As such, your activities in the U.S. are limited to the purpose of the issued visa. For example, when the Department of State provides an international student with an F1 visa, the U.S. government is stating that the person is coming to the United States to pursue higher education and their activities are limited to that purpose.
Maintaining legal status heavily depends on the person’s purpose for coming to the U.S. Legal status types can be grouped into two broad categories: immigrant visas and nonimmigrant visas.
Immigrants who intend to relocate to and live as a permanent resident in the U.S. must obtain a green card. Green cards or immigrant visas are forever renewable. These allow for all types of employment, not just contractual jobs. Green cards can also be a path to citizenship.
Temporary visas or nonimmigrant visas are an alternative to green cards. These visas are used for leisure, education, or employment and are good for multiple trips to the U.S. F1 student visas are a common type of temporary visa.
An F1 student visa allows an international student to enroll in traditional academic programs at an American university or college. Similarly, M1 student visas allow international students to enroll in vocational programs. These students are not characterized as immigrants since they are staying in the U.S. temporarily.
F1 students have various restrictions from the time of their arrival in the U.S. until completion of their academic program.
F1 students can arrive in the United States no more than 30 days prior to the start of their program and must immediately contact their designated school official (DSO). They must contact their DSO again when they arrive at their school.
After their program end date, F1 students have 60 days to leave the U.S. International students can apply for a program extension, change education levels or apply for an adjustment of status if they wish to continue residing in the U.S.
During the course of their academic program, F1 students can maintain their legal status by:
Maintaining a 2.0 or higher GPA.
Maintaining a full course load each semester.
Attending all their classes and making normal academic progress.
Speaking with their DSO before dropping any classes or if they need to extend their program.
Receiving prior authorization from their DSO before working outside of their program. Undergraduate students and graduate students are eligible for curricular practical training and optional practical training related to their program of study.
When your legal status in Texas is at risk, prompt action is crucial to avoid serious consequences. First, consult an immigration lawyer or registered agent for guidance on maintaining legal status in Texas. Gather documentation, including your visa, unexpired passport, and communications from USCIS. International students should contact their advisor immediately and discuss options such as program extension, change in educational level, or applying for post-completion academic training.
If you face unauthorized employment or other violations, notify the relevant authorities and your school to amend records. Understanding immigration laws and regulations is vital. Maintain a full course load each semester and make normal progress in your degree program. If an involuntary termination occurs, seek legal advice and inform the Department of Homeland Security promptly.
Filing Form I-485 for status adjustment is essential if you’re in the U.S. and wish to stay legally. Educational institutions play a significant role, so keep your school updated on any changes. For those employed, ensure you have proper work authorization and comply with Texas law regarding employment.
If you plan to transfer to a new school or start a new program, notify both institutions and follow the correct process. Maintain communication with your attorney and keep all correspondence in good standing. Any failure to comply with immigration laws can result in deportation or being barred from reentry.
Stay informed about changes in immigration policies and regularly check your immigration status with USCIS. Maintaining status requires diligence and proactive steps to ensure compliance with the law. By taking these measures, you safeguard your future in Texas and avoid the pitfalls of losing your legal status.
If the worst-case scenario happens and you lose your legal or valid visa status, this means that you will lose the privileges attached to that status.
Due to the loss of legal status, you may encounter issues with the U.S. Citizenship and Immigration Services (USCIS). If the problems with your visa and legal status are not resolved, you may be deported or penalized.
Failing to maintain your legal status may also affect any future attempts to get a new visa. For example, if someone with an F1 student visa decides to work without prior authorization, they could be deported and also be barred from reentry to the U.S.
Applicants must follow the necessary visa application process and receive authorization from the USCIS in order to enter the U.S. legally. Understanding which green card categories are applicable to you and your situation is important for obtaining legal status.
If you are already in the country, you can utilize Form I-485, the Application to Register Permanent Residence or Adjust Status, to request an adjustment of status. By filing for this adjustment of status, you may be able of obtain lawful permanent residence in the U.S. without returning to your home country.
If you are in the U.S., you can contact the USCIS National Customer Service Center at 1-800-375-5283 or TTY 1-800-767-1833. If you are outside the U.S., you can call 212-620-3418 or reach out to an international field office of the USCIS. You will need to provide your full name, birth date, and alien registration number (if applicable), or receipt number.
You can also request immigration records through the Freedom of Information Act or Privacy Act system.
The U.S. immigration process can be intimidating. It poses multiple challenges for those seeking to immigrate to or temporarily stay in the United States. An immigration attorney can provide guidance and assistance to those seeking to maintain legal status.
If you are concerned about your status, need to adjust your status or want to immigrate to the U.S., an experienced immigration attorney in Texas can help. At Andrew T. Thomas, Attorneys at Law, we offer our services to immigrants and nonimmigrants who need us. Whether you are residing in or outside of the U.S., we work hard for you.
Contact us today for support and guidance. Our team is proficient in immigration law and can communicate in English and Spanish.
