Student Visa

QUESTION: While attending Lamar University my brother met a wonderful young lady from Mexico.  She was also attending Lamar University and was here on a student visa.  They got married and recently had a child.  Both my brother and his wife have graduated and her student visa is about to run out.  What do they need to do to make sure their family can stay together here in the States?

ANSWER: As long as you act quickly there should be no problems.  Although there is no general right to immigrate to the United States, Federal Law allows the spouse, children, brothers and sisters of American Citizens to petition for permanent residency and/or citizenship.  Absent criminal problems, financial inability to support the family or prior immigration fraud, your brother should have no problem keeping his family together in the States.

It is, however, important that your brother and his wife act promptly.  When your Sister-in-Law’s visa expires she’ll be considered unlawfully present in the United States.  Under Federal Law once she has been unlawfully present in the United States for a period of more than 180 days but less than one year she’ll be barred for three years in seeking admission to the United States.  If she is unlawfully present for more than a year she’ll be barred for ten years.  Although these bars can be waived in certain limited circumstances involving extreme hardship you cannot rely on such waiver being granted.  When dealing with an issue as important as your right to stay in the best country of the world act promptly and use a competent experienced attorney to assist you.

If you would like to submit a question please fax directly to Tom Oxford at Waldman Smallwood (409) 832-2893.  While we will not be able to answer all questions sent in, we hope to answer those that impact the greatest number of readers.

In reading this article please remember we are providing general answers to broad questions, your individual situation is unique and cannot be dealt with throughly in the space of a newspaper article.  When you are facing a serious legal issue, you should always consult with an attorney about your individual circumstances and how they impact the general principles discussed in this article.  You should also not hesitate to call Waldman Smallwood (Main) Beaumont 409-833-9151, Tuscany Park Beaumont 866-4140,  Nederland 727-7711 or Houston (713)552-9111, and we will be happy to visit with you.  There is no charge for your call or first office visit.

Tom Oxford, Attorney WaldmanSmallwood
Law Firm, P.C.