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The International Marriage Broker Regulation Act (IMBRA) is a statute relevant to the fiancé visa application process. Under this law, an international marriage broker is defined as an organization that charges fees for providing dating and matchmaking services between U.S. citizens and foreign nationals. Dating services that provide comparable services to users regardless of their country of origin and gender are excluded from the definition...

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You may not think it needs saying, but make sure that the person giving you advice about immigration law is authorized to give it. Only an attorney or an accredited representative working for an organization recognized by the Board of Immigration Appeals can give you legal advice. Notaries public, or the Spanish equivalent of “Notarios publicos” or “Notarios” for short have a different role in...

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Understanding Advance Parole

February 27, 2016

“Is it ok for me to travel outside the United States?” A frequently asked question by clients is whether it is safe to travel outside the United States while an application for adjustment of status is pending.  The answer is no, not without advance permission from the government in the form of an advance parole document.  If an adjustment applicant leaves the country without obtaining...

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Fears | Nachawati Law Firm is proud to report that The Texas Supreme Court has agreed to review a civil case where our client was the victim of a workplace sexual assault – B.C. v. Steak N Shake.  Fears Nachawati Partner, Matthew McCarley, is trial counsel and worked with appellate counsel, Matt Kita, in the fight to ensure our client received Justice.  The Dallas Court...

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The Violence Against Women Act

February 24, 2016

The Violence Against Women Act (VAWA) allows the eligible battered spouse, child, or parent of a U.S. citizen or permanent resident to self-petition for a green card without the abuser’s knowledge.  The ability to self-petition prevents an abuser from using his or her immigration status to keep their victim in an abusive relationship.  The protections in VAWA apply equally to men and women. Spouses may...

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Fears | Nachawati had the wonderful opportunity to host a couple of local Girl Scouts in the office who were selling their famous cookies to raise money for their organization. Employees were ecstatic to buy their cookies and the girls had a fun time and a great learning experience going around the office and selling them. If you are interested in buying cookies or for...

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Immigration status is commonly conferred in two ways in the United States – through a change from one status to another in the U.S. and through an application for a visa at a U.S. consular post overseas. Many people are familiar with U.S. Citizenship and Immigration Services (USCIS) and its different forms available for different immigration benefits. One of the most well-known USCIS processes is...

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“I live in Mexico but travel regularly to the U.S. to work for a U.S. employer” States such as Texas which have a border with a contiguous territory of the United States see a higher incidence of lawful permanent residents living in Mexico but commuting to work in the United States. You may wonder how this is even possible given the significant amount of regulation...

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Majed Nachawati, a co-founder of Fears | Nachawati Law Firm, recently completed a three month term as The Grand Jury Foreman of a Dallas County Grand Jury.  In honor of the fine job the Dallas County District Attorney’s Office does on a daily basis, Mr. Nachawati has donated 100% of the income he received to The Texas Crime Victims’ Compensation Fund. The CVC is administered...

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Fears Nachawati partners Matthew McCarley and Majed Nachawati recently had the opportunity to assist with the north Texas tornado relief efforts in the city of Farmersville. They spent the day with other volunteers cleaning up the wreckage left from the tornadoes that occurred December 26th. If you are interested in helping the tornado victims, please visit the Red Cross website below to find out how...

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“I live overseas with my intending immigrant relative” A relatively uncommon but nonetheless important situation arises where the petitioner in a family-based immigrant visa application resides overseas with the beneficiary. In order for the petitioner’s affidavit of support to be accepted by the U.S. Department of State, the petitioner must demonstrate a U.S. domicile or establish a U.S. domicile prior to the beneficiary’s admission to...

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“I don’t make enough money to sponsor my relative on my own” As part of the immigrant visa application process, petitioners must demonstrate that they have sufficient income to sponsor their beneficiaries. The Department of Homeland Security utilizes the federal poverty guidelines to determine the minimum income level necessary according to a petitioner’s household size – at 125% of the poverty guidelines for most petitioners....

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“I recently took a trip longer than 6 months but I want to apply for my citizenship” The continuous residence and physical presence requirements for naturalization are frequently encountered legal issues in citizenship proceedings. Applicants are required to show that they have resided continuously in the U.S. for 5 years prior to applying and were physically present in the U.S. for 30 months within the...

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“My spouse entered the country illegally and has remained here ever since…” The Provisional Unlawful Presence Waiver is a valuable tool for the immediate relatives of U.S. citizens present in the country without status. To be eligible for the waiver, an applicant must be at least 17 years of age, physically present in the United States, and be the beneficiary of an approved I-130 immediate...

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Despite the best of intentions, not all marriages last forever. If you recently obtained your two-year conditional green card through marriage, you might think that a divorce would make it impossible to maintain your permanent resident status. In the ninety-day period before expiration of a conditional green card, all conditional residents must submit Form I-751, Petition to Remove the Conditions of Residence, to transition to...

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Immigration attorneys are frequently asked by clients how long it will take to obtain a green card. In the United States, this depends on several factors: whether the applicant is proceeding via a family or employment petition, the applicant’s relationship to the petitioner if the petition is family-based, the particular employment-based visa the applicant is approved for if the petition is employment-based, and the applicant’s...

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We are proud to announce Fears | Nachawati Partner, Majed Nachawati, has recently been appointed to the Legal Ethics Committee by the Dallas Bar Association for the 2016 year. The Legal Ethics Committee is responsible for facilitating and planning ethics presentations for Dallas County Attorneys on an annual basis.   As a member of the ethics committee, Mr. Nachawati is proud to dedicate his time and...

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Happy Holidays from everybody at Fears | Nachawati! We celebrated the holidays by wearing our ugliest Christmas sweaters and getting together for a White Elephant gift exchange. Fears Nachawati also hosted a toy drive for the Community Partners of Dallas and their Last Stop Holiday Shop. The Last Stop Holiday Shop provides toys to children who come into their care last minute and have no...

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Fears Nachawati Law Firm is proud to announce that Partner Majed Nachawati has been selected to the 2015 Texas Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by receive this honor.  Additionally, Partners Bryan Fears and John Raggio, were both selected to the 2015 Super Lawyer Rising Stars list. Super Lawyers is a rating service...

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Fears | Nachawati Law Firm has been retained by the family of an elderly couple who were killed by a drunk driver earlier this month in a Fort Worth neighborhood. The other driver was arrested at the scene on charges of intoxication manslaughter.  The couple’s family is still seeking answers regarding the crash and has turned to Fears| Nachawati Partner, Majed Nachawati to hold the...

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On Sunday, November 8th, Fears | Nachawati Law Firm sponsored The 3rd Annual Praise the Lake Brunch benefiting The White Rock Lake Foundation. The purpose of the Foundation is to assist the Park and Recreation Department in restoration, improvement, maintenance, and preservation of the lake’s natural health and beauty for the benefit of the people and wildlife. Check out www.whiterocklakefoundation.org/ to join or learn more. Our team members...

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This past weekend, Fears | Nachawati Law Firm proudly sponsored Parish Episcopal School’s Spooky Saturday at the Parish Episcopal School in Dallas.  One of the highlights of the event was a performance by famous children’s singer Eddie Coker. We’re always happy to help and support our community with such fun events!

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Matthew McCarley, a partner at Fears | Nachawati Law Firm, has been appointed to the Plaintiffs’ Executive Committee (PEC) in the multidistrict litigation (MDL) regarding Inferior Vena Cava (IVC) Filters manufactured by Cook Group, Inc.   IVC Filters were implanted to prevent blood clots from becoming coronary or pulmonary embolisms. However, reports first surfaced in 2005, that the radial arms and struts of the retrievable filters...

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Fears | Nachawati Law Firm proudly sponsored Feed My Starving Children’s volunteering event this past weekend at the Parish Episcopal School in Dallas. Feed My Starving Children is a Christian non-profit organization committed to eliminating poverty and starvation around the world by providing food for malnourished children. Employees and their families had the opportunity to help pack meals for starving children across the world.

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Can I still become a U.S. citizen? One of the requirements for naturalization is good moral character. An applicant for naturalization must show that he or she has been, and continues to be, a person of good moral character. Generally, the applicant must show good moral character during the five-year period immediately preceding the application for naturalization and up to the time of the Oath...

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How do I remove the conditions and obtain an unrestricted green card? You must file Form I-751, Petition to Remove Conditions on Residence. The purpose of this form is to demonstrate to U.S. Citizenship and Immigration Services (USCIS) that the marriage upon which you were granted conditional status was entered into in “good faith” and was not for the purpose of obtaining an immigration benefit....

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After filing your Petition to Remove Conditions on Residence (Form I-751), you will receive a receipt notice on USCIS Form I-797. This document will extend your residence for a period of time while your application is pending, usually 12 months. You can safely travel outside of the United States if you carry both your expired green card and this receipt notice, provided the receipt notice...

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If you move to another country with the intent of living there permanently or if you remain outside of the United States for more than 1 year without obtaining a reentry permit, you will likely be deemed to have abandoned your permanent resident status. In determining whether your status has been abandoned, however, the government may consider any length of absence from the United States,...

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You can renew your initial grant of deferred action if you did not depart the United States on or after August 15, 2012 without advance parole; you have continuously resided in the United States since you submitted your most recent DACA request that was approved; and you have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not...

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U.S. immigration law supports family reunification by allowing a citizen or permanent resident to petition for their spouse to join them in the United States. Same-sex spouses of U.S. citizens and Lawful Permanent Residents are now eligible for the same immigration benefits as opposite-sex spouses. The process begins the same way for citizens and permanent residents – the petitioning spouse files an I-130, Petition for...

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We are proud to announce that Fears | Nachawati Law Firm Partner, Majed Nachawati, has recently been appointed as Panel Chairman on Panel 2, District 6 Grievance Committee of the State Bar of Texas. This appointment is highly prestigious, as the position is filled based up on nominations from other grievance committee members, and ultimately appointed by the Committee Chair.  The Committee’s job is to...

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On Sunday, March 22, 2015, the partners, Bryan Fears and Majed Nachawati, at Fears Nachawati Law Firm participated in the Dallas Rock ‘n’ Roll Half Marathon. The partners have competed in many half marathons around the Dallas area, but we agree that the Dallas Rock ‘n’ Roll Half Marathon is definitely a favorite! The beneficiary of the event was the Leukemia & Lymphoma Society. Congratulations...

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Fears Nachawati Law Firm proudly sponsored the Junior League of Dallas Annual Ball on Saturday, February 21st, 2015. Fears Nachawati Law Firm is always happy to help and support the Dallas community through donations, community service or giveaways! >

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On Sunday, November 2nd, a few of the Fears | Nachawati team members went to The 2nd Annual Praise the Lake Brunch benefiting The White Rock Lake Foundation. The White Rock Lake Foundation has been using their resources to benefit, improve and restore White Rock Lake. Our team members had a great time listening to music and enjoying the company of those who support White Rock Lake!  

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On Thursday, October 23, 2014, Fears Nachawati Law Firm attorneys and team members participated in the Mavs Run This Town 5K in downtown Dallas. The beneficiary for this race was the Dallas Mavericks Foundation, whose mission is to assist young people through programs on education, health, and skills for success. Pictured below from left to right: Avani Javia, Charlotte Gulewicz, Alexandra Dobiyanski, Karen Tu, Megan...

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As one might expect, the facts of most criminal cases are in dispute between those involved.  Law enforcement, the complaining witness and the prosecutor see the case one way while the accused and his or her attorney view the case another way.  In this instance, a jury is typically called upon to hear the evidence and testimony in the case and render a verdict accordingly. ...

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On August 9, 2014, NASCAR driver Tony Stewart struck and killed fellow driver Kevin Ward, Jr. during a dirt track race in upstate New York.  The incident occurred when Stewart’s vehicle made contact with the car driven by Ward, causing it to spin out and stop on the racetrack.  Ward then exited his vehicle to confront Stewart and was struck by Stewart’s vehicle as the...

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Mr. P, 17 years-old, was arrested and charged with Burglary of a Building in Dallas County, Texas.  Mr. P and two friends allegedly entered a locked area of an apartment complex and that one of the suspects had stolen an item from the facility.  Although Mr. P was not found to be in possession of any stolen items at the time of his arrest, it...

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