Criminal & Immigration Law Crossroads
Hundreds of thousands of great people are on probation for pleas made before a city, county or district judge. All may have relief well before their probation terms end. Deferred, known as non-conviction probations, can end immediately after being granted. Savings of thousands of dollars and many hours spent at probation may be eliminated along with the risk of probation violations. If they were granted a “straight probation” (one where there was a sentence that was probated thus creating a conviction) an early discharge may be possible with the conviction set aside. Even conditions of DWI probations can be modified though the length of the probation remains the same. Once the relief is obtained for most other offenses it may be possible to expunge the record or get an order of non-disclosure.
In situations where the Judge will not terminate the probation for family assault, modification of the terms of probation may be possible. This includes reporting requirements (once a quarter or once a year or mail in reporting along with other changes) may be possible.
Each situation is unique and relief depends on the policies for each different court but the benefits can be very substantial.
Consult with us for help with this critical area. The difficulties of being on probation may be much less than you thought.
Kenneth G. Wincorn
Attorney at Law
Immigration laws, first organized into the Immigration and Naturalization Act of 1952 (INA), provide basic guidelines for individuals to follow when applying for US citizenship. Amendments to the INA, as well as the tightening of homeland security after the terrorist attacks in 2001, have made the process of immigration more complex. Stringent laws are strictly enforced to ensure our country is safe from individuals who could threaten our national security. Maneuvering through the immigration complexities and new immigration laws is much simpler with a Dallas immigration lawyer at The Law Offices of Kenneth G. Wincorn, P.C.
Our immigration attorneys in Dallas will help you with the specific procedures which must be followed to become a citizen according to US immigration law. We will help you understand the current regulations defined by the US Citizen and Immigration Services . Our thorough methods have helped many individuals and families begin the application process with confidence.
There are many organizations which may seem qualified to help you with the immigration and naturalization process. However, they may not be familiar with the responsibilities you will have to remain living or working in the US. We have an exemplary success record with helping people remain in the US legally and without fear of deportation. Our immigration lawyers in Dallas can assist you with immigration benefits and immigration court proceedings.
The Law Offices of Kenneth G. Wincorn, P.C. practices in several areas of Immigration Law, including Family Based, Employment Based, and Removal Defense.
Many individuals and businesses seek immigrant and non-immigrant visas and permanent residence to obtain legal employment in the United States. The Law Offices of Kenneth G. Wincorn, PC in Richardson, Texas has helped guide numerous clients through the complex immigration process set up by the U.S. Citizenship and Immigration Services (USCIS). There are five types of immigrant visas and several non-immigrant visa types available for individuals seeking employment immigrant visas and for businesses sponsoring immigrants:
- EB-1 priority workers
- EB-2 workers with advanced degrees or exceptional ability
- EB-3 professionals, skilled workers and other workers
- EB-4 special immigrants such as religious workers, certain BBG broadcasters, international organization dependents, retirees, and translators.
- EB-5 employment creation (million-dollar investor)
- B-1 temporary visitor for business
- B-2 temporary visitor for pleasure
- E-1 treaty trader
- E-2 treaty investor
- H-1B specialty occupations, Department of Defense (DOD) workers, fashion models
- H-1C nurses going to work for up to three years in health professional shortage areas
- H-2A temporary agricultural worker
- H-2B temporary worker: skilled and unskilled
- H-3 trainees
- H-4 spouse or child of H-1, H-2, H-3
- I foreign press
- J-1 exchange visas; au pair, trainee, intern, home residence waiver, and medical professional waiver
- L-1A intra company transferee -executive/managerial
- L-1B intra company transferee specialized knowledge
- L-2 spouse or child of L-1
- O-1 persons of extraordinary ability
- P-1, P-2, P-3 internationally recognized performers
- Q international cultural exchanges
- R religious workers
- TN Canadian/Mexican professional workers under NAFTA
Many immigrants find themselves separated from their family and want to be reunited. Deportation and previous immigration violations often create difficulties in making this dream come true. At the Law Offices of Kenneth G. Wincorn, PC, we understand the challenges facing you and your family as you navigate the immigration system. There are many different options for people who wish to obtain a United States visa.
There are two categories for unlimited family-based immigration:
- Immediate Relatives of U.S. Citizens (IR): A spouse, widow, or unmarried child under the age or 21 of a U.S. citizen. This category also includes parents of adult U.S. citizens.
- Returning Residents (SB): Immigrants who previously lived in the U.S. under lawful permanent resident status. These individuals are returning to live in the U.S. after being abroad for more than one year.
There are currently only four preference categories for limited family-based immigration:
- First Preference: Unmarried children over the age of 21 of U.S. citizens.
- Second Preference: Spouses and unmarried children under the age of 21 of lawful permanent residents.
- Third Preference: Married children of U.S. citizens.
- Fourth Preference: Siblings of adult U.S. citizens.
DIVERSITY VISA LOTTERY
The Diversity Immigrant Visa Program makes 50,000 diversity visas available annually, drawn from random selection by the U.S. Department of State, among entries of individuals who are from countries with low rates of immigration to the United States.
The Law Offices of Kenneth G. Wincorn, PC has in-depth knowledge of the legal intricacies of deportation and removal, including immigration bonds. We can help you mount an effective defense to ask for the best relief possible. We tell you up front what options are available in your situation and what can be done to prevent you or your family member from being deported from the United States, even if you are in custody.
Options for avoiding deportation
If you are a green card holder and have been a long-term lawful permanent resident, the courts may consider that fact favorably. Other forms of relief against deportation from the United States are:
- Cancellation of removal
- Termination of proceedings
- Permanent residence
- Conditional residence
- Adjustment of status
- Family-based petition
- Employment-based petition
- Convention Against Torture (CAT)
- Withholding of removal
Our attorneys will help you get all records and documents that will be necessary. If there are problems with the application we will discuss them with you. In order to pass the test it will be necessary for you to study the test materials and have a basic knowledge of the English language. Before you are able to be awarded Citizenship you will have to prove that you meet the requirements for length of residency and presence in the United States.
The steps to apply for naturalization in Dallas can be difficult to understand if you attempt to do it yourself. Although there are forms available which can prepare you for the naturalization process, nothing can take the place of an experienced immigration and nationality attorney. Naturalization is a procedure which requires studying and research, an understanding of the English language, knowledge of the US government, and proof of residency.
We also assist in cases involving:
- Deferred Action for Childhood Arrivals
- Consular Processing
- Representation before Immigration Court
- I-601A Provisional Waivers
- Permanent Residency