Monthly Archives: January 2014

Cancellation of Removal for Lawful Permanent Residents and Non-Residents: What Are the Differences?

By Peek & Toland on January 30, 2014

If you’re facing Removal (also referred to as deportation) from the U.S., be it in Immigration Court here in Texas or elsewhere, you need to seek the help of an experienced Austin immigration attorney to help you stay in the United States. Some individuals who are facing removal proceedings before the U.S. Executive Office for Immigration Review may be eligible to apply for “cancellation of removal.” But do you know the best legal option for your circumstances?

Depending on whether an individual is a lawful permanent resident of the U.S. or a non-resident (aka undocumented or illegal alien), slightly different rules and conditions may apply to the cancellation of removal process. Knowing the difference and the rules of eligibility for the right process is crucial for preventing your removal from the country. Read the rest »

Posted in Cancellation of Removal

What Bail and Types of Bonds are Set by Texas Courts?

By Peek & Toland on January 28, 2014

Everyone arrested in Texas has to be magistrated by a judge. This is a right provided for by the Constitution and the actual Code of Criminal Procedure. “Magistration” is the process in which a judge informs the accused what he has been charged with by the arresting officer, the legal rights to which the individual has, and the amount at which the judge has decided to set his bond.

Texas Criminal DefenseA police officer in Texas has to file a probable cause affidavit (aka P.C. Affidavit) in which he justifies the legal reason (called probable cause) he had to believe a crime had been committed or was about to be committed. The Magistrate (judge) then reviews this arrest affidavit to verify that it meets the legal standard for being a legal arrest (finding there was probable cause to make the arrest). If the judge agrees the officer had probable cause, the judge will sign the affidavit agreeing it meets to the legal standard for the criminal case to proceed. At this point the arrest has been upheld but no charges have been formally filed. Charges are filed either by the prosecutor filing a charging document called an information or by the prosecutor indicting the accused. Read the rest »

Posted in Criminal Defense

Understanding F-1 Student Visas

By Peek & Toland on January 23, 2014

An F-1 student visa is a temporary visa, which is available for certain foreign students who wish to study full time in the United States.

Many different types of schools may take students who enter the U.S. on an F-1 student visa. Before enrolling, students should check to make sure their school is approved by the U.S. Customs and Immigration Service (USCIS) and can accept international students on F-1 visas. Schools that may take F-1 visa students include not only colleges and universities, but seminaries, conservatories, academic high schools and elementary schools, and certain language training programs. These are called SEVP schools. Read the rest »

Posted in Visas

What are the Penalties for Theft in Texas?

By Peek & Toland on January 21, 2014

Generally speaking, “theft” occurs when a person takes something that does not belong to him or her, without permission of the owner, with the intent to permanently deprive them of the object. Texas law recognizes several different types of theft crimes. An experienced Austin criminal defense attorney can explain the specific types of theft prohibited by Texas law and the penalties that come with a conviction.

The penalties for each type of theft depend on how severe the law believes the theft was. Severity is usually defined by the dollar value of the goods stolen, with the severity going up as the amount does. For instance, a person who steals a $50 prepaid cell phone will likely face less severe consequences than a person who steals a $50,000 diamond ring. Read the rest »

Posted in Theft Crimes

The EB-5 Investor Visa: Forms to Prepare

By Peek & Toland on January 2, 2014

For foreign investors wishing to start or invest in a business venture in the United States, the EB-5 investor visa offers a means by which to seek permanent resident status.  So-called “green card” investors must meet a number of strict requirements in order to base their green card application on their investment.  These include investing in a “new commercial enterprise,” creating or preserving at least 10 full-time jobs for qualifying U.S. workers, and investing a minimum amount of money in the U.S.-located business venture.
Texas Investor VisasIn addition to these requirements, applicants for an EB-5 investor visa must file Form I-526, Immigrant Petition by Alien Entrepreneur, whether they are currently living inside or outside the United States. 

Read the rest »

Posted in Visas

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