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Uncategorized

Fast-Track Deportation Appeals San Antonio, Texas

In July, the Trump Administration and Immigration and Customs enforcement announced a plan to expand fast-track deportations to anyone suspected of being illegally in the U.S. for less than two years. The fast-track deportation process would allow Immigration and Customs Enforcement to deport individuals without a hearing in immigration court, if the person was suspected of being in the U.S. for less than two years. Prior to this new regulation, only individuals who had recently crossed the border and those caught within 100 miles of the U.S. border were subject to fast-track deportation. These policies fell under heavy criticism because they denied individuals due process, made it easier for border guards to deny petitions for asylum, and because they empowered Immigration and Enforcement officers to take action across the country. Whether a person could stay or would be asked to leave could be left up to the discretion of an Immigration and Customs officer. Furthermore, the evaluation of a person’s documentation and proof of residency and citizenship would be in the hands of a border enforcement guard in the field, with little to no oversight like that provided by a judge in a court of law.

However, a recent ruling by a federal court judge found these policies in violation of federal law and in violation of procedures required for changes to federal law. The ruling ensures that individuals who have resided in the U.S. can have their day in court prior to facing deportation. A court case is an important chance for a person facing deportation to stop the removal process using various deportation defenses. Valid defenses that could be presented before a judge include marriage to a U.S. citizen, asylum, or seeking cancellation of removal through other means. If you are facing deportation in San Antonio, Texas, J. Joseph Cohen is a deportation lawyer in San Antonio who may be able to assist you with your deportation defense. Now, more than ever, it is important to take proactive action should you be facing deportation or have a hearing date set. J. Joseph Cohen is a deportation and removal lawyer who may be able to help you if you are facing deportation.

Issues with Fast-Track Deportation

Several issues have been raised by the Trump Administration’s fast-track deportation policy. The policy would allow Immigration and Customs enforcement officers the ability to deport individuals who have been in the country less than two years. The problem with the process is that it isn’t entirely clear how immigration officers will determine whether a person has been in the country for less than two years. Already there have been cases where even U.S. citizens were detained illegally.

Another problem with the process is that it places the burden on the individual facing deportation to provide their paperwork. Not all immigrants carry such proof with them and some individuals might have complex situations, that might not involve straightforward documentation. By leaving the discretion to just one immigration officer or several in the field, many critics of the fast-track deportation policy claimed that it denied immigrants due process.

The ACLU notes that the immigration system frequently denies immigrants their right to due process and frequently detains immigrants without a bond hearing. The ACLU has been fighting for reform that would ensure that every immigrant facing deportation gets his or her fair day in court and also is fighting for greater discretion among judges when it comes to deciding who and who will not be deported. The hard work of these groups is evident in recent rulings that will put a stop to nationwide fast-track deportations.

If you or someone you love is facing deportation or removal in San Antonio, Texas, J. Joseph Cohen is a deportation and removal lawyer who may be able to assist you. Given recent changes to the law, fast-track deportations are now only permitted in certain cases: where a person has only been in the country for a couple of weeks and where a person was apprehended within 100 miles of the border. If you have been in the country longer, you have a right to your day in court. Whether you are facing a fast-track deportation or a court hearing date has been set, it can be helpful to have an attorney on your side helping you navigate the system and fighting for your rights.

Protecting Immigrant Rights

 Joseph Cohen is committed to protecting immigrant rights and is here to defend the rights of immigrants who are facing removal and deportation. During your court case, you’ll have the opportunity to present evidence to delay your removal or prevent your removal. Our deportation and removal lawyer in San Antonio, Texas can review your circumstances, help you understand your options, and assist you with taking the next steps. Contact J. Joseph Cohen today or reach out to USAttorneys.com to get connected with our deportation and removal law firm.

May 19, 2020
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Uncategorized

Deportation and Disability in San Antonio, Texas

Are disabled immigrants more likely to be deported? According to several recent news reports, individuals with mental and physical ailments and families with disabled children might be more at risk of deportation under the current administration’s immigration policies. Because of the increase in ICE sweeps, more immigrant families are living in fear of deportation, especially those who suffer from mental illness and those who care for disabled loved ones. What can you do if you have a disability and are facing deportation? If you are facing deportation, time is of the essence, and assistance with your case can make all the difference in the outcome. J. Joseph Cohen is a deportation lawyer in San Antonio, Texas that may be able to assist you if you are facing deportation and removal.

Mental Illness and Deportation

According to NPR, individuals with mental illness are more likely to experience run ins with the law. Individuals may sometimes behave erratically because of their condition, which can increase their likelihood of experiencing a run in with the law. Because they may have difficulty accessing mental health services, they are more likely to face jail and incarceration rather than receive treatment. Under the current administration, individuals with criminal records, arrests, and convictions are more at risk of deportation. Even those who may not have ever committed a violent crime, could find themselves facing deportation. Most individuals with mental illness are not violent. In fact, most people with mental illness are more likely to be the victims of violent crime than perpetrators. However, when individuals with mental illness exhibit erratic behavior, people might call the police. Many people suffering from mental illness face removal to a country where they may not know the language and may not have access to quality medical care. If you are facing deportation and struggle with mental illness, the road ahead can feel daunting. However, you have the right to a fair trial before you are removed from the country. J. Joseph Cohen is a deportation lawyer in San Antonio, Texas who can review your case, help you understand your options, and assist you with the next steps.

Families with Disabled Children

Another category of immigrants who struggle with deportation are parents whose children are disabled. These parents may not have legal status and their children may rely on them for crucial care. While many advocates for these parents support their receiving relief from deportation so that they can stay and care for their disabled U.S. citizen children, many of these families struggle with the fear of deportation every day. In some cases, seeking legal status for yourself can trigger deportation proceedings. However, if you are currently facing deportation and an order for removal has been made, you have the right to fight your removal and to ask for a cancellation of removal because of your unique circumstances. Before taking any step, it is important to speak to an attorney, because seeking citizenship, a visa, or other status could potentially put you at risk of removal, in some circumstances. J. Joseph Cohen is a deportation lawyer in San Antonio, Texas that may be able to assist you if you are facing deportation and your family has a special circumstance or hardship.

Trump’s Public Charge Rule and Disability Rights

Under Trump’s proposed public charge rule, an immigrant who receives government benefits like Medicare, SNAP, could face a denial of his or her citizenship or visa application. If the individual has a disability that could impact his or her self-care he or she could potentially be at risk of being denied citizenship and other benefits. Disability rights advocates argue that this policy would discriminate against the disabled. If you are facing deportation and suffer from a disability, you may be able to argue in court that deportation would cause undue hardship. Have a question about your rights? Contact J. Joseph Cohen, a deportation lawyer in San Antonio, Texas today.

Protect Your Rights

Deportation laws can be complex. If you are facing deportation and removal or if a loved one has been brought into custody, it is important to take steps to protect your rights. J. Joseph Cohen is a deportation lawyer in San Antonio, Texas that may be able to assist you with navigating the immigration legal system, and the court system. In some cases, families of disabled children who are U.S. citizens have been able to successfully petition the court to grant them the ability to stay in the country to care for their children. Many U.S. citizen children run the risk of being put in the foster care system if their parents are deported. If this describes your situation, you may have the right to fight your deportation. Reach out to J. Joseph Cohen, a deportation lawyer in San Antonio, Texas today, or contact USAttorneys.com to get connected with our law firm.

May 19, 2020
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Uncategorized

What Are Your Rights if You Have Been Put in Detention?

While there have been many recent reports of people being detained at the border who are trying to enter the U.S., there have also been many reports of immigrants being put into detention. While these immigrants await their immigration hearing, they are incarcerated. Not all immigrants awaiting their hearing are incarcerated or detained. What are your rights if you have been put into detention? What are your options if you are being told that you might face deportation? If you have been detained, or are put in detention, or if someone you love has been put in detention, this general information cannot replace the advice of a deportation lawyer, like J. Joseph Cohen in San Antonio, Texas. Individuals who have been detained always have the right to ask to call their attorney.

That said, what are some things to keep in mind if you or someone you love has been detained? You always have the right to remain silent and always have the right to ask to speak to a lawyer. What other options do you have?

  • If you have been detained, you have the right to ask to speak to a lawyer and your lawyer can come to see you in detention. You may have the ability to petition for your release if you are being held in detention. This can be done through a bond hearing. A deportation lawyer may be able to assist you with this.
  • If you have been detained, according to ACLU, you have the right to request a bond hearing. During your hearing, you may be able to petition the judge for your release or ask that your bond amount be lowered, if the bond that has been set is too expensive for you or your family. A deportation lawyer like J. Joseph Cohen in San Antonio, Texas can appear with you at your bond hearing to assist you with this process.

These are just a couple of things to keep in mind if you or someone you love has been detained. If you have questions about your rights or want to assist someone you love who has been detained, J. Joseph Cohen is a deportation law firm that may be able to assist you in San Antonio, Texas. Contact us today to learn more.

Protections for Detained Immigrants Weakened

The ACLU and Rolling Stone recently reported that ICE has lowered its standards regarding protections for detained immigrants. Recent reports indicate that detention facilities aren’t required to have a doctor on staff to assist detainees who may be suffering from mental health issues and from physical ailments. Restrictions on the ways that officers can use force and restraint on detainees have been changed. Under the changes, there are now more situations where a detainee can be placed under solitary confinement, and restrictions about the ways that detainees can be restrained has been relaxed. For example, restrictions that prevented officers from hog tying, using fetal restraints, or tight restraints, have been lifted. Finally, new changes don’t require that detainees have access to the outdoors, meaning that detainees can be kept inside without access to the outside world for months or even years, while they await trial.

All of this is alarming, especially if you have someone you love who has been put in detention. However, it is important to note that detainees have the right to access phones to call their lawyers. If you or someone you love has been detained, it is important to understand that detained individuals have rights. Detained individuals have the right to call their immigration attorney. And they have the right to have their immigration attorney come visit them. Are you concerned about the safety and well-being of someone you love who has been put in detention or who is facing deportation? J. Joseph Cohen is a deportation law firm in San Antonio, Texas that offers legal counsel to individuals facing deportation and detention.

Seek Justice Today

Immigrants have the right to dignified and fair treatment. Unfortunately, there have been some alarming details about the ways some immigrants have been treated in detention. Immigrants have rights and when those rights are violated, immigrants have a right to fight for a fair hearing, bond hearing, and day in court. If you or someone you love has been detained or is facing deportation, you may have a range of options under the law. J. Joseph Cohen is a deportation lawyer in San Antonio, Texas that may be able to help you review your options. In some cases, individuals can be released from detention after a bond hearing. Have questions? Reach out to J. Joseph Cohen, an immigration and deportation lawyer in San Antonio, Texas today. Or, connect with USAttorneys.com to get matched with J. Joseph Cohen.

May 19, 2020
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Uncategorized

Can Applying for U.S. Citizenship Ever Put You at Risk of Deportation?

Joseph Cohen is a deportation lawyer in San Antonio, Texas who works with individuals facing deportation or detention. If you are a green card holder and are considering applying for U.S. Citizenship, you may want to speak to an attorney before you begin the process. There are some situations where applying for U.S. Citizenship could put individuals at risk of deportation. Why? When you file your application for U.S. Citizenship, immigration officers will have the chance to look at your file with fresh eyes. This means that if they see anything that could make you deportable, you could face deportation.

What are these situations? Individuals who may have entered the U.S. fraudulently, or illegally could face challenges and the risk of deportation when applying for U.S. citizenship. If you were convicted of a crime, applying for U.S. Citizenship involves the opening of your records. This could create a situation where immigration officers might discover your criminal records and find you deportable. If you were ever found guilty of drug possession, or a DUI, these discoveries can not only put your citizenship application at risk, but could potentially put you at risk of being deported. If you spent considerable time outside the United States while you were a green card holder, this could also raise questions and red flags. If your medical records reveal that you used drugs or had an addiction problem, this could also make you deportable. And even if marijuana was legal at the time of your use, if you are found to have used marijuana or be in possession of it, you could still be found in violation of federal laws, which could put your citizenship at risk. Employment in the marijuana industry, even if a state where it is legal, could also impact your citizenship application, and could even put you at risk of deportation. Finally, if you ever received public benefits illegally, this could also result in the denial of your citizenship application, and could potentially put your file under review by immigration authorities.

Joseph Cohen is a deportation lawyer in San Antonio, Texas that can carefully review your situation, your case, your history, and the facts to help you understand your rights when it comes to applying for citizenship. Before applying, it is important to make sure that you meet all qualifications and that there are no marks on your record that could potentially cause you problems or even make you a candidate for deportation.

Information You’ll Need to File for Citizenship

The information you’ll need to provide to U.S. Citizenship and Immigration services in order to file for citizenship will depend on your situation. Required documents include your green card, driver’s license, travel documents you may have, and copies of tax returns for the past five years (or tax returns for the past three years if you are married to a U.S. citizen).

Depending on your situation, you may also be required to submit a copy of your marriage certificate, death certificate for your former spouse, a copy of your divorce papers, and proof of your spouse’s U.S. citizenship, if your spouse is sponsoring you as a family member. If you have been arrested or charged with a crime, you may need to submit paperwork related to the criminal charges filed against you. If you have any unpaid taxes to the IRS, you may be required to submit information showing that you are on a payment plan or show that you have paid these taxes. If you have a child support order, you may also need to submit this information and show that you are in compliance. If you left the U.S. for more than six months at any point, you may need to show that you still had ties in the U.S. For example, you may need to submit proof that you continued to pay rent on an apartment, or that you had a permanent address in the U.S. This is just some of the information you may be required to submit in order to file for citizenship. It is important that you submit all documentation. Sometimes applying for citizenship can reveal to immigration authorities information that can put your legal status at risk. If you have questions about your rights and options under the law, reach out the deportation lawyer at J. Joseph Cohen today. Our attorney can review your case, help you understand your options, and protect your rights as you move forward with your application for U.S. citizenship.

Applying for U.S. Citizenship?

If you are applying for U.S. citizenship, you may want to take the time to understand how it can impact you and your family. Having USCIS open your immigration file comes with risks. Before filing your application for U.S. Citizenship, reach out to J. Joseph Cohen, a deportation lawyer in San Antonio, Texas today. Or, reach out to USAttorneys.com to get connected to J. Joseph Cohen.

May 19, 2020
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Uncategorized

How Deportation Officers Use Data to Track and Deport Individuals

A recent article by the New York Times suggests that immigration officers might be using Facebook, Instagram, and other social media services to watch undocumented immigrants, to watch immigrants in general, and as methods to catch and deport individuals. Alarmingly, these services might be used by immigration officers not just to track immigrants or people targeted for deportation, but also their American friends, family, and loved ones. If individuals are concerned about deportation or about surveillance by ICE and immigration officers, they should be very careful about what they say or post on social media. What they say and do can be used to track them and in some cases, what they say and post on social media can even be used as a tool to catch them. Alarmingly, anything posted on social media can remain there forever on the public record, available for immigration officers who might be trying to locate a target, or a build a case for deportation.

Because immigration officers cannot enter a home without a warrant, officers are using data, the internet, and social media to gain access where they otherwise would not have been able to do so. The New York Times reports that there are as many as 10.5 million undocumented immigrants in the U.S., while there are only about 6,100 immigration officers. With these limited numbers, ICE may be using big data to track potential targets. In some cases, officers have been able to use their tools to identify exactly where a person lived or resided and track their comings and goings so they could make an arrest.

Unfortunately, because of new tactics that ICE officers are using, the people who are most detectable by ICE officers, might ironically be the ones who are most likely trying to lead ordinary lives, who are not committing crimes. In fact, the Times reports that people who are being targeted are more likely to have driver’s licenses, more likely to pay their taxes, and more likely to have American-born children because these individuals might be the most traceable for officers.

When people are brought into detention, any phone calls they make and any connection they might make to the outside world might also be closely monitored. Anything a person says to immigration enforcement officers could also be used to gather additional data regarding others who might be targets. Based on recent reports, it appears that immigration officers now have more online tools than ever to target immigrants.

Was someone you love put into detention? Are you concerned that you might be under surveillance for deportation? Have questions about your rights? J. Joseph Cohen is a deportation lawyer in San Antonio, Texas that works with individuals who may be facing deportation and who may be concerned that they might be under surveillance.

Deportation and Social Media

Reports indicate that deportation officers have more tools than ever at their disposal. They can use a person’s public-facing social media accounts, posts, relationship statuses, and photos to track down an individual of interest. Officers may use social media in conjunction with other digital spying tools that allow them to locate addresses and individuals. What does this all mean for you if you are concerned for yourself or for a loved one? First of all, be aware that anything you post or say on social media could potentially be used in a deportation case or could potentially be used to locate you if you are undocumented. Reports indicate that not only might individuals applying to immigrate to the U.S. be monitored, but their friends and family might also be monitored as well. These reports indicate alarming things about American privacy, the risks of social media use, and other issues.

Individuals who are concerned that they might be under surveillance for deportation might be wise to limit their social media use to avoid tracking by ICE and other agencies. They might also want to make family, friends, and loved ones aware that they could also be subject to surveillance if a friend, loved one, or family member is a target. Secondly, other public data or records could also be used to track you. This includes vehicle registrations and tax documents. So, what can you do? J. Joseph Cohen is a deportation lawyer in San Antonio, Texas that can review your situation. Our attorney can either work to help you obtain legal status, either through adjustment of status, through seeking asylum, or through other means. Our lawyer can also help you understand your rights if you are facing deportation. Individuals may have the right to their day in court if they are facing deportation. J. Joseph Cohen is a deportation lawyer in San Antonio, Texas that may be able to help you. Contact him today or connect with USAttorneys.com to get matched with our attorney today to learn more.

May 19, 2020
https://jjosephcohen.com/wp-content/uploads/2020/05/iStock-498526509.jpg 836 1254 damg https://jjosephcohen.com/wp-content/uploads/2023/03/logo.png damg2020-05-19 20:16:412020-05-19 20:16:41How Deportation Officers Use Data to Track and Deport Individuals
Uncategorized

How the Coronavirus Pandemic Has Impacted Deportation

The Law Office of J. Joseph Cohen is an immigration law firm in San Antonio, Texas that works with individuals facing deportation and removal. The coronavirus pandemic has affected various aspects of American life. How has the coronavirus affected deportation and removal procedures?

In light of the Covid-19 pandemic, ICE notes that its current priority for enforcement and removal are individuals who pose a risk to public safety and individuals who require mandatory detention due to criminal charges. ICE also has the discretion to delay enforcement actions for those who are not deemed to be a high risk, but it is important to note that this is at the discretion of officers. ICE will also continue to perform investigations into child exploitation, human trafficking, gangs, narcotics trafficking, and terrorism investigations.

Individuals needing to seek health care have been assured that ICE will not engage in enforcement around hospitals, health care facilities, doctor’s offices, clinics, or urgent care centers. This means that if you suspect that you may have the virus and get tested, or need urgent medical attention, you should be able to seek these services with the knowledge that ICE will not be investigating individuals in these locations. ICE has reiterated that individuals should not avoid seeking medical care out of fear of facing immigration enforcement actions.

However, for those who had been scheduled to be deported, the New York Times reports that deportations have continued during the pandemic, with concerns that deported individuals may have spread the virus to their home countries. In fact, some individuals who were deported later tested positive for the virus. The Times reports that dozens of Guatemalans tested positive for the coronavirus after returning to Guatemala, which has raised concerns because of the country’s poor health care services and infrastructure to handle an influx of new cases. The Times reports that in March alone ICE performed 17,965 removals.

Another issue is immigrants in detention. Immigration lawyers have expressed concern about the risk of infection among people in custody. With people living in such close quarters, the risk of virus spread is high. It is unlikely that immigrant detention centers can meet the requirements of the CDC that people not gather in groups of ten or more. Some immigration lawyers have pursued lawsuits demanding for the release of nonviolent detainees to prevent the spread of the virus.

Are you concerned about deportation and removal during these difficult times? Do you have a loved one who is detained and have questions about whether you may be able to petition for his or her release? J. Joseph Cohen is a deportation lawyer in San Antonio, Texas that works with clients, helping them with their deportation cases. These are tough times for us all, requiring unprecedented actions. Many immigrant advocates have called for the release of those who are detained. Reach out to J. Joseph Cohen today to protect your rights or contact USAttorneys.com to get connected with J. Joseph Cohen.

May 2, 2020
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Uncategorized

How the Coronavirus (COVID-19) is Impacting Deportation and Immigration Cases in the U.S. and San Antonio, Texas

As of this writing on March 23, 2020, the Centers for Disease Control reports over 40,000 cases of the coronavirus (COVID-19) in the U.S, with approximately 500 deaths reported. Many experts have been calling for the closure of immigration detention centers but then the issue is raised of what to do with those in detention. The Trump administration has announced plans to turn away all asylum seekers and anyone trying to cross the U.S./Mexico border illegally, according to the New York Times. The U.S. and Canada border has been closed, to all but essential travel. The Times reports that El Salvador and Guatemala have suspended deportation flights for its citizens.

What does the coronavirus (COVID-19) mean for your immigration case, what does it mean if you have a family member or loved one in detention, and what does it mean if you are concerned about deportation. As of this writing, immigration courts remain open, but as the situation is evolving, be sure to be in touch with the deportation lawyers like J. Joseph Cohen regarding any potential updates to your case. If you don’t feel well, it is necessary to let the courts know about your situation to protect public health and prevent the spread of disease. Reach out to J. Joseph Cohen today if you have any concerns.

Coronavirus: Deportation, Immigration, and Detention—What You Need to Know

  • ICE Arrests. It has been reported that ICE has stopped most immigration arrests in the wake of the coronavirus pandemic, according to NPR. Cases where ICE will continue to pursue arrests will remain focused on those who pose a risk to public safety and to those who face mandatory detention due to criminal charges. For the other remaining cases, ICE has noted that it will postpone arrests. ICE will not be making arrests at health care facilities, hospitals, urgent care facilities, and other places where people receive care (unless an urgent situation warrants it). This move has been praised by health officials who are concerned that fears among the immigrant community regarding deportation may prevent them from seeking the medical care they need.
  • Immigration Courts. As of this writing, the Department of Justice announced that all immigration hearings for those who are not detained have generally been postponed to April 10, 2020. Courts in different jurisdictions may be closed or operations differently modified.  Courts generally remain open to hear cases for those who are in detention. So, if you have a loved one or family member in detention and have questions about the next steps, J. Joseph Cohen can answer questions you may have.
  • ICE Isn’t Stopping Deportations. ICE indicates that it will not stop deportations, though some countries have halted deportation flights in an effort to control the spread of the coronavirus. It would be anticipated, as with other areas of immigration, this public health emergency will disrupt operations. ICE also notes on its website, that it will continue to investigate situations of human smuggling, child exploitation, gangs, narcotics trafficking, human trafficking, and will continue work with the Joint Terrorism Task Force.

For those facing deportation, detention, or an upcoming immigration case, the recent coronavirus pandemic has created uncertainty in the process and operations are subject to change at any time.  However, you are not alone. J. Joseph Cohen is a deportation lawyer in San Antonio, Texas that is here for you if you have any questions. Reach out to us today or connect with USAttorneys.com to get connected with J. Joseph Cohen.

March 30, 2020
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DEPORTATION

Deportation is a legal process that is now also known as removal. Deportation or removal is the process that authorities use to remove a person from the United States. Individuals who commit crimes or overstay a visa are examples of persons who could face deportation.

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If you want to live and work in the U.S., you may be able to do so with an employment visa. In some cases, employment visas can lead to permanent immigration, while in other cases, these visas are only issued on a temporary basis.

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U.S. Citizenship and Immigration provides certain provisions for U.S. citizens and lawful permanent residents to petition for their family members to receive visas that lead to lawful permanent residency with a green card. If you are U.S.

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GREEN CARD VISA

Having a green card as a lawful permanent resident, grants an immigrant certain important rights and privileges in the U.S. With a green card, a person can work in the U.S. and with a green card, the permanent resident is granted legal protection under U.S. law.

About

I bring a unique perspective to the practice of immigration law with years of legal, government and overseas experience. 

  • Advanced Certificate in Immigration Law Studies
  • Court appointed immigration attorney for criminal cases
  • 2019 immigration speaker for National Business Institute
  • 2019 immigration speaker at the San Antonio Bar Association
  • Treasurer of the Immigration & Nationality Law Section of the San Antonio Bar Association

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