M&A Law Firm Practice Areas

• Business Law
• Civil Litigation
• Criminal Defense
• Family Law
• Immigration Law
• Personal Injury

Business Law

Our business law attorneys at M&A Law Firm bring together a remarkable blend of practical business experience and legal insight for executive management of businesses and corporations in Texas and across the country. M&A law firm utilize sound business strategies to minimize the risks of operating a business. In addition, we offer proactive and preventive business law solutions that focus on long-term relationships with our clients. This is accomplished by using our knowledge and experience to forecast potential risks, thereby preparing our clients to anticipate and overcome potential business challenges. M&A business lawyers offer consulting business solutions for businesses of any size.

Please contact M&A business lawyers in order to see how we can help your business.

Dallas Business Formation Lawyer
Business Entity Selection Attorney

Ok, so you have a great business idea and are ready to get it off the ground! Where do you start? How do you ensure that you are protecting your interests? What are all the differences between a Limited Liability Partnership “LLP”, Limited Partnership “LP”, General Partnership “GP”, a Corporation “Inc.” “Ltd” “Corp.”, “S” Corporation, “C” Corporation, Professional Association “PA”, Professional Corporation “PC”, Limited Liability Company “LLC”?

Setting up a new business requires an ability to see the big picture and envision the future, while focusing on a myriad of technical details at the same time. M&A law firm will evaluate your business plan and identify the type of business entity that is best suited for your business under Texas law. Please contact M&A for a business law attorney that can help you plan, form, and start your business.

Dallas Texas Corporate Lawyer
Business Transactions Lawyer

After business formation, there are numerous legal documents that establish the direction and management of a business in Texas. Our Dallas law firm will guide your business in corporate governance and operations matters. Experienced corporate lawyers will help you with the legal formalities of a doing business in the State of Texas. Texas corporate law attorneys at M&A can help you with:

Contract Law
Dallas Contract Law Attorneys

In any business dealing, it is imperative that you adequately protect your interest and be wary of entering into any agreement without having an attorney review the contract. M&A law firm will prepare new agreements, review old agreements you have and/or provide suggestions to agreements you are getting ready to enter into. After all, you are entering into an obligation which can affect the performance and income of your business. Thus, M&A law firm is dedicated to protecting your most important investment, whether it is for a sale, lease, warranty and disclaimer, financing, or any other service contract.

Contact M&A business lawyers if you need a thorough and meticulous legal analysis any type of contract, including:

Business & Asset Protection Attorneys
Texas Business and Commercial Lawyers

Different forms of business organizations or entities provide business owners with varying types of protection from personal liability involving the business activities. Selection of the proper business entity is a vital part of asset protection. Moreover, legal supervision of the business operation is also vital for business owners to maximize the protection offered by his or her chosen commercial structure. M&A business lawyers help clients guard against potential veil piercing or other exposure to liabilities such as alter ego. This is accomplished by structuring our clients’ business transactions in ways that will minimize such exposure. Please contact M&A business lawyers to see how our Texas corporate law attorneys can help you with business and asset protection.

Civil Litigation

Modjarrad & Abusaad law firm recognizes that the greatest value a litigation attorney can provide is to assist a client in recognizing areas of potential litigation, thereby working with the client in avoiding costly litigation and expenses.  However, when litigation becomes necessary to protect or to defend the client, M&A law firm’s litigation department has developed a reputation for aggressive and effective litigation, both in state and federal courts in Texas.  M&A law firm’s litigation department services individuals, small business owners, as well as large private corporations.  M&A litigation department represents clients in virtually every type of litigation, including:   corporate; commercial; contracts; construction; wrongful death; catastrophic and serious injuries; car accidents; truck accidents; premises liability; products liability; bad faith insurance claims; trademark disputes; trade-secret disputes; general personal injury; business disputes; civil rights; police brutality; and consumer protection.

Dallas, Texas Construction Trial Attorneys

M&A litigation attorneys represent a variety of construction-related clients, including owners, general contractors, subcontractors, suppliers, and design professionals.  We represent these clients through all phases of the construction process, from project design, contract negotiation, construction and administration, through final close out.  M&A litigation attorneys understand that for a client in the construction industry, the costs and interruption of litigation often make avoiding litigation the primary goal.  As such, with the goal of avoiding or minimizing litigation, M&A litigation attorneys provide clients with detailed advice and counseling prior to construction and contract execution.  However, when an adversary turns its back on reasonable business solutions, we move aggressively to represent our clients’ best interests, whether in the courtrooms or arbitration hearing rooms.

Texas Consumer Litigation Trial Attorneys

The Texas Deceptive Trade Practices Act (Texas DTPA) was enacted to protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty.  In addition, Texas DTPA provides efficient and economical procedures to secure that protection.  M&A litigation attorneys regularly handle the prosecution and defense of consumer claims.  Thus, by having experience on dealing with both sides of the issue, M&A litigation attorneys have a better understanding of issues that matter most to individuals or businesses.  M&A litigation attorneys bring and defend these claims under a variety of common law and statutory bases, including but not limited to:  fraud;  misrepresentation; Texas Deceptive Trade Practices Act;  Bad Faith;  Deceptive Insurance Practices; State and Federal Fair Debt Collection Act; UCC; and Implied and Express Warranty actions.

Texas Collections Trial Attorneys

Texas is a debtor’s heaven, with homestead exemptions, no paycheck garnishment for regular debts, and other devices for evading collections.  M&A litigation attorneys have experience tracking down and seizing assets to satisfy judgments.  M&A litigation attorneys provide services in commercial collections and collecting accounts receivable for businesses from their debtors.  Much of this work is repetitive in nature, allowing M&A litigation attorneys to collect accounts receivable in a cost-effective, efficient manner.  While M&A litigation attorneys resolve many cases through an enforceable payment plan filed with the court, when such resolution is not possible, M&A litigation attorneys aggressively pursue judgments through litigation and enforcing judgments through the use of garnishments and levies. 

Texas Premises Liability Trial Attorneys

M&A’s personal injury litigation attorneys, routinely file lawsuits for causes of actions including:  slip and falls; negligent security; false imprisonment; and malicious prosecution.  A majority of these actions involve claims against restaurants, retailers, apartment complexes, and theme parks.  Moreover, M&A’s civil litigation attorneys defend premises liability lawsuit for its corporate clients in the Bexar, Collin, Dallas, Denton, Ellis, Franklin, Erath, Harris, Hood, Hunt, Grayson, Johnson, Kaufman, Lamar, Navarro, Palo Pinto, Parker, Red River, Rockwall, Somervell, Tarrant, Travis, and Wise counties.  Again, having experience on both sides of the issue allows our personal injury litigation attorneys to effectively represent our clients.

Texas Motor Vehicle Accidents and Personal Injury Trial Attorneys

As highways and streets grow more crowded each year, the number of accidents and personal injury cases have grown.  Many innocent people are hurt and worse yet, seriously injured, as a result of someone else’s negligence.  Although insurance is purchased for exactly such matters, the reality is far from this.  Insurance companies are big businesses, and their sole goal is to maximize their stockholder’s return and give astronomical bonuses to their executives, as it was seen during year 2008 and 2009.  This where M&A motor vehicle accidents and personal injury trial attorneys step in and help hundreds of people on a yearly basis.  M&A motor vehicle accident and personal injury trial attorneys fight to get their clients maximum recovery.  M&A motor vehicle accident and personal injury trial attorneys have working relationships with accident re-constructionists, biomechanics, investigators, medical professionals, and other industry-related experts whose assistance in such matters can be invaluable, especially in catastrophic and serious injury cases.

Texas Product Liability Trial Attorneys

M&A product liability trial attorneys have represented clients on both sides, and thus, M&A product liability trial attorneys have acquired a very unique experience in prosecuting and defending product liability cases.  M&A’s civil litigation attorneys defend product liability lawsuit for its corporate clients in the Bexar, Collin, Dallas, Denton, Ellis, Franklin, Erath, Harris, Hood, Hunt, Grayson, Johnson, Kaufman, Lamar, Navarro, Palo Pinto, Parker, Red River, Rockwall, Somervell, Tarrant, Travis, and Wise counties.   

Texas Bad Faith Insurance Litigation Trial Attorneys

At M&A law firm, our bad faith insurance litigation trial attorneys handle a variety of insurance bad faith claims throughout Texas, and every time M&A bad faith insurance litigation trial attorneys go to court, we try to level the playing field for our clients by making it less profitable and a far greater risk for insurance companies to unjustly breach their insurance policies in order to add to their bottom lines.  M&A bad faith insurance litigation attorneys ensure that insurance companies emphasize fair, prompt, and honest conduct, or pay for the damages they cause.  Under Texas law, when an insurance company is found to have acted in bad faith, the policy holder will be able to recover his or her damages, including attorney fees and even punitive damages. 

Insurance bad faith practices can include:

Insurance claim adjusters often complicate rather than facilitate claims.  This occurs because insurance companies intentionally limit their adjusters’ authority and ability to make decisions based on the actual facts, and insurance companies make their adjustors utilize complex and self-created procedures that is designed delay, confuse, and increase the profit margin of the insurance companies.  Simply put, these insurance company tactics are designed to unreasonably deny or minimize the value of claims in order to cut costs and increase corporate profits.  Unfortunately, the people that suffer are the claimants and policyholders.  Although not every rejected claim or dispute is the result of bad faith on the part of the insurer, the best way to make sure that the insurance company is not taking advantage of you is to come and consult with one of our bad faith litigation trial attorneys. 

Texas Landlord Tenant Litigation Trial Attorneys

M&A’s landlord/tenant litigation trial attorneys represent a wide range of clientele consisting individuals, businesses owners, and commercial and residential property managers and owners.  In addition to being known for prosecuting and defending commercial and residential evictions and collections, M&A landlord/tenant litigation trial attorneys are committed to providing a full range of services for the firm’s corporate and business clients.  Working in conjunction with the business and corporate department, M&A landlord/tenant litigation trial attorneys represent clients in virtually every type of issue facing landlords and business owners today, including residential and commercial lease negotiations and drafting, risk management, tenant disputes, and third party claims. 

Texas Family Law Trial Attorneys

M&A family law trial attorneys represent clients in the settlement and litigation of family law proceedings for divorce, legal separation, modification, and enforcement actions.  The issues include disputes involving custody, visitation, child support, college education, spousal maintenance, property settlements, and juvenile matters.  M&A family law trial attorneys represent parties in all types of family law disputes, from a simple divorce to the most complex financial situations. 

Texas Business Litigation Attorneys

M&A business litigation attorneys understand that the successful resolution of business and corporate disputes is now a central part of any successful business.  As the number of lawsuits increase on a yearly basis, no business should be without a business attorney.  M&A attorneys will evaluate and limit the risk of lawsuits and help you plan for a profitable and worry free future.  M&A business litigation trial attorneys handle a wide range of business disputes and litigation matters, throughout state and federal courts in Texas, including:

Trademark Litigation Trial Attorneys

When a word, phrase, slogan, or logo is used along with the goods or services of a business, it is entitled to trademark protection. M&A trademark and litigation attorneys will help our business and corporate clients to preserve and enforce your trademark rights.  Our trademark litigation attorneys prosecute and defend trademark infringement cases in both federal and state courts. 

Trade Secret Litigation Trial Attorneys

M&A litigation attorneys understand that trade secret cases erupt quickly, and thus, our litigators are adept to move quickly on early injunction hearings that often resolve or set the road map in resolving the case.  M&A trial attorneys litigate trade secret cases and related unfair competition claims, both on behalf of the plaintiffs and defendants.

Texas Business Tort Trial Attorneys

M&A attorneys will evaluate all claims in order to see whether you have suffered a serious loss as a result of an unreasonable action on the part of an individual or another company.  Business tort litigation is a broad field that covers every company or individual’s duty to avoid causing harm to another.  Business disputes involving tort litigation can involve the following:

Texas Corporate Director & Officer Liability Trial Attorneys

In today’s market, corporate officers and directors are under increased scrutiny from shareholders, regulators, and company creditors – some justly and some unjustly.  When investors become disappointed and look into directors and officers in order to recoup their investment, M&A trial attorneys quickly help its corporate clients assess the risk, harm, and the cost of litigation, and give sound legal advice to its clients.  In such litigation, if an adversary turns its back on reasonable business solutions, we move aggressively to impose our client’s will, whether in the State or Federal courtrooms.  

Criminal Defense

When facing a criminal charge, your freedom or your loved one’s freedom will be at stake. Even misdemeanor charges can alter and affect your lifelong goal. There is no reason to take a chance. You need a lawyer that is ready to fight for you. You need a lawyer that is on your side. M&A law firm’s criminal defense attorneys are ready to fight for you and are on your side. Give us a call, and let us help you.

Assault and Domestic Family Violence Texas
Drug Charges in Texas
DWI in Texas
Sex Crimes in Texas
Theft Crime in Texas
Probation Violation in Texas
Violent Crimes in Texas
Crimes List Under Texas Law

Assault and Domestic Family Violence Texas

Dallas, Collin, Tarrant, and Denton Assault and Spousal Abuse Defense Lawyers
The most common misunderstanding people have about domestic family violence is that your partner/spouse/girlfriend has authority to drop charges when emotions cool. The reality is that once assault charges are filed by the State, only the State, not the alleged complaining witness, decides whether charges are dismissed. Thus, if you are accused of domestic family violence in Texas, remember the following:

The consequences of a domestic family violence conviction can be severe because the charge could go on your permanent record, and you could face possible jail time. There are many opportunities in domestic family violence cases for an experienced lawyer to negotiate for a better outcome/ resolution. Give us a call and see how we can help you.

Drug Charges in Texas

Dallas, Collin, Tarrant, and Denton Drug Crime Defense Attorneys

Drug offenses are serious crimes and will jeopardize your freedom. Since Texas is known for having harsh penalties for drug convictions, felony drug offense convictions could come with a jail sentences and other harsh punishments. Like other crimes, the severity of punishments often depends on the type of drug and the quantity how much of the drug is involved. No matter what evidence the police or the prosecutors have, you should consult with a defense attorney so he or she can carefully investigate the crime and the procedures to make sure your rights are protected.

DWI in Texas

Dallas, Collin, Tarrant, and Denton DWI Defense Attorneys

In Texas, DWI is a criminal offense that prohibits a person from driving or operating a motor vehicle in a public place while intoxicated. Texas law defines intoxication as:

Our DWI defense attorneys will investigate every aspect of your case with the ultimate goal of keeping your record clean. In addition of reviewing your video, our DWI defense attorneys will investigate to see whether:

Give us a call and see how our DWI defense attorneys can help you.

Sex Crimes in Texas

Dallas, Collin, Tarrant, and Denton Sex Crimes Defense Attorneys
Any form of human sexual behavior that is prohibited by law is considered a sex crime, and when such an offense is committed, that the person will be charged with some type of sex crime. Some sex crimes are crimes of violence that involve sex, while others do not involve violence, but only the behavior that violates Texas laws, such as any sexual behavior or activity involving a minor, indecent exposure, or exhibitionism. Examples of sex crimes under Texas law includes: rape; sexual assault; public lewdness, prostitution, solicitation, indecent exposure, child pornography, and other such crimes. If you or a loved one is facing sex crime accusations or charges, early intervention by an experienced criminal defense attorney is critical to assure the best outcome.

Theft Crime in Texas

Dallas, Collin, Tarrant, and Denton Theft Crime Defense Attorneys
A theft crime involves the unlawful taking of another’s property without their consent, with the intention of permanently depriving the owner of the property. According to the federal government’s Uniform Crime Reporting (UCR), there are about 10 million theft crimes committed a year, and over 1 million people will be arrested. Theft crimes can be misdemeanors or felonies and the maximum sentences can include many years behind bars. Examples of theft crimes under Texas law includes the following: larceny; theft; burglary; auto theft; robbery; fraud; forgery; identity theft; embezzlement; and other such crimes.

Probation Violation in Texas

Dallas, Collin, Tarrant, and Denton Probation Violation Defense Attorneys
Failure to pay court-ordered fines, failure to pay restitution, failure to check in with your probation officer, or failure of an alcohol or drug test may be considered a violation of probation. While these actions would not otherwise be punishable, they are in probation violation proceedings. You may be placed in jail and ineligible for bail until the probation violation issues are resolved. While the judge might permit you to attempt to resolve the matter without an attorney, it is critical to have experienced legal counsel on your side

Violent Crimes in Texas

Dallas, Collin, Tarrant, and Denton Violent Crime Defense Attorneys
Violent crimes are categorized as felonies in Texas. A violent crime is a broad legal category that covers a large number of criminal offenses that involve the use of, or even the threat of force or violence. This includes both crimes in which the violent act is the objective, such as murder, as well as crimes in which violence is the means to an end, such as robbery. In Texas, violent crimes include crimes committed with and without weapons. Examples of violent crimes include: rape, murder, robbery, aggravated assault, and other such felonies.

Crimes List Under Texas Law:

The following is a list of crimes under Texas Penal Code:

Family Law

M&A family law attorneys handle many different types of family law cases, including, contested divorces, custody disputes, child support actions, enforcements, annulments, modifications, and uncontested divorces.   Family law disputes are one of the most traumatic events in a person’s life, and as such, M&A family law attorneys will work hard to make sure that your needs are met and your interest is protected under Texas laws. 

Divorce in Texas
Divorce Process in Texas
Jurisdiction and Grounds for Divorce in Texas
Waiting Period in Texas
Temporary Orders (TO, TRO, PO) in Divorce Actions in Texas
Texas Child Support and Visitation
The Rights and Duties of Parent under Texas Family Code
Texas Family Code as to Sex or Marital Status When Considering Custody
Texas Family Code as to the Rights of Parents at all Times
Texas Family Code as to the Rights and Duties during the Period of Possession
Texas Family Code as to the Duties of Parent not Appointed Conservator
Texas Family Code as to the Rights and Duties of Parent Appointed Sole Managing Conservator
Texas Family Code as to the Rights and Duties of a Parent Appointed Possessory Conservator
Texas Family Code as to Parents Who Reside 100 Miles or Less Apart
Texas Family Code as to Parents Who Reside Over 100 Miles Apart
Community Property State
Division and Disposition of Property under Texas Family Code
Spousal Maintenance or Support in Texas
Factors in Determining Maintenance Under Texas Family Code
Name Change during a Divorce Proceeding in Texas
Divorce Mediation
Assets in a Complex Divorce Proceeding in Texas
Annulments in Texas
Post-Divorce Modifications in Texas
An Example of a Simple Divorce Petition
An Example of a Standard Possession Order

Divorce in Texas:

At M&A law firm, our Collin, Dallas, Denton, and Tarrant County divorce lawyers understand that divorce is one of the most significant, life changing, emotional, and difficult legal proceedings that a person will ever face.  The dissolution of a marriage can become very complicated and is emotionally taxing.  If you need a divorce and would like to speak with a family law attorney, our family law attorneys are here to help you.   If there is a possibility of reconciliation, we will work hard to help you reconcile.  If there is no possibility of reconciliation, we can help and stand by your side during the divorce proceeding.  Our Collin, Dallas, Denton, and Tarrant County divorce attorneys help clients with all aspects of divorce. Thus, give us a call and let our experienced family law attorneys help you during this difficult and emotional process.

Divorce Process in Texas:

A divorce proceeding starts with filing a document requesting the Texas court to dissolve the marriage; this document is called the “Original Petition for Divorce.”  The divorce petition is filed in the District Court for the county.  After the divorce petition is filed, it must be served in accordance with

Texas Rules of Civil Procedure to the other spouse. 
In order for a Texas court to dissolve a marriage, the court must dispose of any and all properties, and if children were born or adopted during the marriage, the Texas court must establish custody and support. 

Jurisdiction and Grounds for Divorce in Texas:

In order for a Texas Court to exercise jurisdiction over the divorce proceeding, the minimum residency requirements must be met.  You must be a resident of Texas for a minimum of six months and a resident of the county where the divorce action is filed for at least 90 days.

Texas is a “no fault state” when it comes to grounds for divorce; thus, no reason is needed to get a divorce in Texas, except for the fact that the marriage is insupportable with no reasonable expectation of reconciliation. 

Waiting Period in Texas:

In Texas there is a 60 day cooling off period after filing for divorce.  Absent circumstances warranting an emergency divorce, a final decree of divorce cannot be granted until 60 days have passed since the filing of the petition.  In contested divorce actions, the cooling off period is used to conduct discovery.  Discovery is the period during which the two parties exchange information concerning the issues involved in the divorce.

Temporary Orders (TO, TRO, PO) in Divorce Actions in Texas:
In contested divorces, each party can file for temporary orders (TO), and a hearing for temporary orders (TO) is typically held within two weeks of the filing date.  At the temporary orders hearing (TO) the rules of the road are set out either by agreement or by the court.  A Temporary order (TO) is a governing court order during the divorce proceeding that sets out the parties’ responsibilities as to the financial support, living arrangements, restraining orders, child visitation, child support, expenses, and attorney fees. 

Another order that can be issued by the court and without notice to the other party is called a temporary restraining order (TRO).  In Texas, a temporary restraining order (TRO) can prevent the transfer or disposition of property, and more importantly, a temporary restraining order (TRO) can prevent harassment or other specific actions.

Another type of restraining order is a protective order (PO), which is designed to prevent acts of violence.  Temporary ex parte temporary orders are only issued after the court hears sworn testimony about the prior and potential acts of family violence.  Protective orders (PO) have the same power as temporary restraining orders (TRO), with one important exception, protective orders (PO) get law enforcement involved if there is a violation of the court order. 

Texas Child Support and Visitation:

Texas child support is based on a mathematical formula that is applied to the paying parent’s (obligor’s) net income and other financial resources. 

When dealing with custody, in Texas, custody is referred to as conservatorship.  The three terms that are often used are joint managing conservatorship, sole managing conservatorship, and possessory conservatorship.

In Texas, child Custody and visitation are based on “what is in the best interest of the child;” specifically, Texas Family Code Section 153.002 states that “the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.”  As a result of this, the default rule is a joint managing conservatorship because the Texas courts have decided that the child’s interest is best served by having both parents involved in the child’s life.

In Texas, joint managing conservatorship means, “sharing of the rights and duties of a parent by two parties, ordinarily the parents, even if the exclusive right to make certain decision is awarded to one party.”  In Texas, as stated earlier, there is a presumption that the joint managing conservator relationship is in the best interest of the children.  However, joint managing conservatorship is a rebuttable presumption, when there is a finding of family violence.  In the joint managing conservator relationship, one of the parents will have the primary possession of the child.  This simply means where the child will reside for most of the time.

When a joint managing conservator relationship is rebutted by one of the parents, a Texas court will appoint a sole managing conservator.  The sole managing conservator will have decision making powers that the other conservator will not, for example, the power to authorize an invasive procedure, or the power to send the child to a specific summer camp.

The other parent in a sole managing conservator relationship is called a possessory conservator when appointed by a Texas court.  This parent will have visitation rights in accordance with the governing court order, and more importantly, the child will not live with this parent.

The Rights and Duties of Parent under Texas Family Code:

 A parent of a child has the following rights and duties:

The duty of a parent to support his or her child exists while the child is an unemancipated minor and continues as long as the child is fully enrolled in a secondary school in a program leading toward a high school diploma and complies with attendance requirements described by Section 154.002(a)(2).

A parent who fails to discharge the duty of support is liable to a person who provides necessaries to those to whom support is owed.

The rights and duties of a parent are subject to:

Only the following persons may use corporal punishment for the reasonable discipline of a child:

Texas Family Code as to Sex or Marital Status When Considering Custody:

Section 153.003 of Texas Family Code states that the court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining:

Texas Family Code as to the Rights of Parents at all Times:

Section 153.073 of Texas Family Code states that: 

Texas Family Code as to the Rights and Duties during the Period of Possession:

Section 153.074 of Texas Family Code states that: 

Unless limited by court order, a parent appointed as a conservator of a child has the following rights and duties during the period that the parent has possession of the child:

Texas Family Code as to the Duties of Parent not Appointed Conservator:

Section 153.075 of Texas Family Code states that a Texas court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support.

Texas Family Code as to the Rights and Duties of Parent Appointed Sole Managing Conservator:

Section 153.132 of Texas Family Code states that unless limited by court order, a parent appointed as sole managing conservator of a child has the rights and duties provided by Subchapter B and the following exclusive rights:

Texas Family Code as to the Rights and Duties of a Parent Appointed Possessory Conservator:

Section 153.192 of Texas Family Code states that:

Texas Family Code as to Parents Who Reside 100 Miles or Less Apart:

Texas Family Code as to Parents Who Reside Over 100 Miles Apart:

If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows:

Community Property State:

Texas is a community property state.  A Community Property state is one in which all properties (whether real estate or personal) and any debt acquired during the marriage will be divided based on an equitable basis. Most of the time  an equitable basis is viewed as equal basis; the Texas courts, however, could make extra allowances or divisions to one of the spouses if there are specific circumstances or issues that would make it necessary for justice to prevail.  This is referred to as the just and right division of community property.

Division and Disposition of Property under Texas Family Code:

Texas Family Code Section 7.002 states that:

Spousal Maintenance or Support in Texas:

Unlike some other states, there is no alimony in Texas.  Texas, however, does allow for spousal support, better known as spousal maintenance.  In considering whether to allow spousal support (spousal maintenance), a Texas court could consider many factors, such as the earning capacity of the spouse, the responsibility of the spouse for the children, health and age of parties, ability to work, the duration of the marriage, and the financial resources and liabilities of the spouse. 

Generally, in order to receive support after the divorce, the parties must have been married for a period exceeding ten (10) years, and if a Texas court decides, a party may be qualified to receive up to $2,500.00 a month for a maximum of three (3) years.

Factors in Determining Maintenance Under Texas Family Code:

Texas Family Code Section 8.052 states that:

A court that determines that a spouse is eligible to receive maintenance under this chapter shall determine the nature, amount, duration, and manner of periodic payments by considering all relevant factors, including:

Name Change during a Divorce Proceeding in Texas:
Name changes are commonly done by women who want to restore their maiden names.  If a name change is needed, it is best to do it during a divorce proceeding.  If not done during the divorce proceeding, then another petition must be filed with the court requesting the name change.  Please note that as a separate petition, the requirements are much stricter. 

Divorce Mediation:

A Mediator is either appointed by the court or chosen by the parties, and mediation is a method of alternative dispute resolution (ADR) involving an attorney-mediator and working through the many aspects of a divorce agreement without going to court.

Assets in a Complex Divorce Proceeding in Texas:

An experienced family law attorney must consider all aspect and types of assets that are associated with a complex divorce proceeding.  For example, this is a list of some assets that must be considered in a complex divorce proceeding: 

Annulments in Texas:

An annulment legally nullifies a marriage, and an annulled marriage is considered never to have existed.  Petitioning for an annulment is appropriate when the validity of the marriage is in doubt.  Reasons must have existed at the time of the marriage to make it null and void. For example, if one of the parties was: a minor without proper consent at the time of marriage, under the influence of alcohol or drugs at the time of marriage, mentally incompetent, permanently impotent at time of marriage and cohabitation has since occurred, obtained the marriage by force or fraud, and/or was divorced within 30 days prior to the marriage. 

Post-Divorce Modifications in Texas:

Life is not stationary; circumstances change – new jobs, a move across the country, a child getting sick that might need special attention or medication, or an increase in income. If there are changes, a parent may need to take legal action to make sure the child support and child custody orders reflect the new circumstances. 

Child custody, visitation, and child support are the most common post divorce modifications. Material change of circumstances is the key factor in obtaining a post divorce modification. Simply put, the requirement for almost any modification is that material changes of circumstance take place between the last court hearing and the modification. This means that there is some type of change that is material in the lives of the parents or children, which makes a modification of the terms of the divorce desirable. 

An Example of a Simple Divorce Petition: 

Immigration Law

The United States immigration system is enormous, complex, and constantly changing. For either the recently arrived immigrant or the business citizen looking to tap into the vast wealth of skilled foreign labor, navigating through this system can be frustrating and time consuming. Allow the M&A Law Firm team of immigration professionals work diligently to reduce the difficulties associated with the immigration process. As members of the American Immigration Lawyers Association (“AILA”) the attorneys at M&A have access to a wealth of knowledge and liaisons throughout the immigration community to assist you in seeking legal status, whether temporary or permanent.

Immigration overview
Automatic presumption
Extension of status
Change of statues
Visa Waiver Programs (VWP)
Categories of non-immigrant visas
Tourisms visas
Educational visas
Family and special visas
Business and work visas
Law enforcement visas
Governmental visas
Miscellaneous visas
Immigrant Visas (lawful permanent resident – green cards):
General overview of immigrant visa process to becoming a lawful permanent resident (LPR or green card holder)
Adjustment of status
Quota requirements of becoming a lawful permanent resident (LPR or green card holder)
Family based preferences for the quota requirements of becoming a lawful permanent resident (LPR or green card holder)
Recognized family relationships under immigration statutes
Employment based preferences for the quota requirements of becoming a lawful permanent resident (LPR or green card holder)
Labor certification
Diversity Visas
Special Relief programs by US Congress
Revocation of petition (preference order) under immigration laws of the United States of America
Loss of lawful permanent residency (LPR or better known as green card) under immigration laws of the United States of America
Agencies and governmental departments that have and had dealt with immigration process
Foreign national entering the United States without documents
Citizenship and naturalization
Deportation
Refugees and Asylees
The Legal Standard

Related Files

E1- How Do I Hire a Foreign National for Short-Term Employment in the United States?
E2- How Do I Sponsor an Employee for U.S. Permanent Resident Status?
E3- How Do I Complete Form I-9, Employment Eligibility Verification?
E4- How Do I Use E-Verify?
U.S. Immigration and Customs Enforcement (News Release - June 16, 2009)
Immigration Court Process in the United States (News Release - April 28, 2005)
Asylum Protection in the United States (News Release - April 28, 2005)
Questions and Answers Regarding Proceedings Before the Board
Types of Immigration Court Proceedings And Removal Hearing Process
Forms of Relief From Removal

Immigration overview:

Immigration laws have been enacted to set procedures and rules for foreign nationals who wish to come, stay, and become citizens of the United States. Moreover, immigration laws also provide rules and guidelines for deportation of foreign nationals who violate the United States laws.  Keeping in mind that there are limited ways that a person can come to the United States; thus, this area of law has become more complicated as the United States’ view on economy, foreign workers, migration, and politics has changed through the years. 

Individuals who come legally to the United States must have been prescreened by a consular officer and have obtained a travel permit or more commonly known as a “visa” that gives them permission to seek admission at the border.  There are general categories of visas:  refugees; immigrants; and non-immigrants.  Refugees and immigrants enter the United States with the intention of remaining permanently; all while, non-immigrants, for most cases, are coming for a temporary purpose.  

Automatic presumption:

Immigration and Nationality Act (INA—immigration statute) operates under a presumption that all foreign nationals who are coming to the United States, including the non-immigrants, are intending to stay permanently in the United States. 

Extension of status:

As a foreign national, it is paramount to maintain legal status in the United States in order to avoid being placed in removal proceedings and being found deportable.  One way of maintaining status is for the foreign national to obtain an extension that effectively keeps him or her in the same status.

Change of statues:

Change of status is a request to move from one nonimmigrant classification to another, or more commonly known as an “adjustment of status.”  Simply, an adjustment of status is a transition from nonimmigrant status to a permanent resident (green card holder).  The rules and regulations regarding change of status are set out in the United States Code, Immigration and Nationality Act, and Code of Federal Regulations (8 USC §1258, INA §248; 8 CFR §248).  Basically, a foreign national must be: 

However, just like all rules and regulations, there are exceptions.  A foreign national may be able to change his or her status even if he or she was out of status when applying, so long as the foreign national can show that the failure to apply was due to extraordinary circumstances beyond his or her control and that there are no other violations of status.

Changing of status is not allowed under some non-immigrant visa categories, such as: 

Note that other non-immigrant visas have their own change of status restrictions.  For more detail about change of status and how it applies to your situation, call one of our immigration attorneys.  

Visa Waiver Programs (VWP):

Foreign nationals of certain countries do not need to obtain visas when coming to the United States as tourists or visitors for business.  Foreign nationals that come to the United States under Visa Waiver Programs (VWP) may not remain for longer than 90 days (there might be some exceptions to the 90 day rule).

Categories of non-immigrant visas:

Non-immigrant visas can be separated into six major categories. 

Tourisms visas:

B-1 visas are for visitors, and those with a business purpose. 

B-2 visas are for admission of tourists into the United States. B-2 visas also include those foreign nationals coming to the United States for health reasons, participating in amateur athletics, and accompanying military personnel as dependants.

A foreign national must be able to convince the consular officer that the person coming to the United States will not work, is only in the United States for a short period of time, and most importantly, will leave. 

Educational visas:

Attracting students from abroad has always been a part of the United States foreign and domestic policy.  Universities and colleges, local real estate markets, and thousands of other businesses that depend on students have come to depend on the revenue that is generated by foreign students. 

F-1 visas are the most common of the educational study visas, and these visas are designed for persons coming to the United States to study in a full-time program at an approved institution.  A foreign national who wishes to study in the United States must be accepted by an approved institution that issues the prospective student a certificate document, also known as SEVIS Form I-20.  After obtaining the I-20, a foreign national must then present it to the consular officer along with supporting information to establish that the person meets all the F-1 requirements.

J-1 visas are for those coming to the United States as a student, researcher, professor, nonacademic specialist, physician, international visitor, camp counselor, au pair, or summer student in a travel/work program.

M-1 visas are for vocational students that would want to enroll in a full-time program at a recognized nonacademic institution.  Foreign nationals under this visa are not precluded from attending public institutions, and may attend a high school, community or junior college, or other post secondary vocational or nonacademic program.

Family and special visas:  

Under the special and family based visas, a foreign national will eventually become eligible and is able to become a legal permanent resident (LPR – green card holder).  These types of visas are based on a person’s relationship with a US citizen or LPR.

K-1 visas (fiancé visas) are for those foreign nationals entering for the sole purpose of getting married within 90 days of their admission. 

K-2 visas are for the minor children of K-1 visa holders. 

K-3 visas are for people already married to US citizens, where the US citizen spouse has filed an immediate relative immigration petition, and the beneficiary seeks admission while awaiting its approval.

K-4 visas are for the children of K-3 visa holders.

V visas are similar to the K-3 visa except it is created for those who are married to a legal permanent resident (LPR – green card holder), or the child of a legal permanent resident (LPR – green card holder), who has filed a family petition on his or her behalf before December 21, 2000, and his or her petition has been pending for three or more years for any reason

Business and work visas:

Although this class of visas involves work and are for a “business” purpose, under Immigration and Naturalization Act (INA), some of these visas are not considered to be work visas. 

B-1 visas allow foreign nationals who come to the United States to engage in business other than actual work.  In order to obtain this visa, the foreign national must have a foreign residency overseas that he or she has no intention of abandoning.  As the actual difference between work and business definition under the Immigration and Naturalization Act, the following factors indicate activities that constitute business, which is permitted under the B-1 visas as opposed to work visas that are not permitted: 

E visas (E-1 and E-2) are for treaty traders or treaty investors.  E visas allow the foreign national to remain for an indefinite period of time under a reciprocal treaty of commerce and navigation between the United States and the country of nationality.

H visas (H-1 and H-2) are for temporary workers.  H-3 visas are for trainees. 

H-1B visas are given to temporary foreign national workers who will:

The definition of specialty occupation is very liberal and basically is defined as a position that requires theoretical and practical application of a body of highly specialized knowledge and a bachelor’s or higher degree for entry into the field.  This type of visa promotes and brings highly qualified minds of the world to the United States.  However, because many foreign nationals want to come to the United States under this program, as a balancing protectionism for local job market against bringing foreign nationals for specialty occupations, the H-1B visa carries an annual quota of 65,000 (this number changes from time to time).  In order to qualify for the H-1B, the US employer must obtain a certification of a labor condition application (LCA) from the Department of Labor (DOL). 

It is very important for the US employer to have an immigration attorney involved when attempting to obtain an H-1B for a foreign national worker because this type of application requires certain attestations and a violation of such could and will have some penalties and fines.  Specifically, the application requires the US employer to state that:

Foreign nationals under H-1B visas may be admitted for a period of up to three years and extensions generally cannot go beyond a total of six years, except under certain circumstances.

H-1C visas are for professional nurses working in health care professional shortage areas, but such visa availability has now ended. 

H-2A and H-2B visas are given to those foreign nationals who are coming to the United States to perform service or labor of a temporary nature, and the employer must demonstrate that no US workers are capable of performing the work.  

H-3 visas are for foreign nationals who are receiving instruction or training in any field of endeavor, such as agriculture, commerce, communications, finance, government, transportation, or the professions, as well as training in a purely industrial establishment, with the exception of graduate medical training or education that falls within the J visa.

I visas are available to foreign nationals who are representatives of foreign media. 

L-1 visas are for intra-company transferees.  This type of visa helps facilitate the admission of multinational corporate executives and managers, or persons with specialized knowledge to the United States. 

O-1A visas are for those foreign nationals who, through sustained national or international acclaim, have demonstrated extraordinary abilities in the sciences, arts, education, business, or athletics.  Extraordinary ability may be established either by a major international award or by at least three of the following criteria:

O-2 visas are for those foreign nationals who are accompanying and assisting the O-1 artist or athlete in the furtherance of his or her performance.

O-3 visas are for the spouses and children of the O-1/O-2 visa-holder.

P-1A visas are for foreign national athletes who are themselves internationally recognized, or are part of a group that has achieved this recognition.

P-1B visas are for foreign nationals who perform with, or are an integral part of, an entertainment group that has been internationally recognized for a sustained period as being outstanding entertainers.

P-2 visas are for foreign nationals performing as part of a group, or individually, or as an integral part of the performance, and who are entering temporarily and solely to perform under a reciprocal exchange program.

P-3 visas are for foreign nationals who are entertaining as part of a culturally unique program.

P-4 visas are for the spouse and children of other P non-immigrant visa holders. 

Q visas are for foreign nationals participating in an international cultural exchange program approved for the purpose of providing employment, practical training, and the sharing of history, culture, and traditions of the entrant’s country of nationality.

R visas are given to foreign nationals who are working in a professional capacity for a religious organization, or others working for such an organization. 

TN visas are for nationals of Canada or Mexico admitted under the North American Free Trade Agreement (NAFTA) and who seek temporary entry as a businessperson to engage in business activities at a professional level.

Mexicans are treated differently from Canadians under this visa. For more detail, contact one of our immigration attorneys. 

Law enforcement visas:

S visas are limited in number, and are for foreign nationals who have important and reliable information concerning a criminal organization or enterprise.

T visas are persons who have been the subjects of severe trafficking.  For more detail information for these types of visas, contact one of our immigration lawyers. 

U visas are for the foreign nationals who have been victims of serious violent crimes as listed in the statute, and have suffered substantial physical or mental abuse as a result. 

Governmental visas:

A visas are for the heads of the state, high military officials, certain officers assigned to diplomatic missions, and their immediate family.

G visas are for officials, employees, and dependants of international organizations such as the United Nations (UN), the Organization of American States (OAS), the World Bank, and the International Monetary Fund (IMF).

Miscellaneous visas:

The C visas are for foreign nationals traveling in immediate and continuous transit through the Unites States.

D visas are for foreign nationals working as crewmembers on airlines and shipping vessels.

Immigrant Visas (lawful permanent resident – green cards):

In accordance with the existing immigration laws, there are a number of ways that a foreign national can become a lawful permanent resident, also known as LPR status or green card holder. 

The most used avenue for a foreign national to obtain his or her status as a lawful permanent resident (LPR or green card holder) is based upon a familial relationship with a US citizen or lawful permanent resident (LPR or green card holder).  

Another avenue for a foreign national to obtain his or her status as a lawful permanent resident (LPR or green card holder) is based upon employment if and only if the foreign national is able to establish that he or she has unique skills, or is being offered a job in the United States that will not displace a US worker or have an adverse effect on the wages and working conditions of US workers.

Another avenue for a foreign national to obtain his or her status as a lawful permanent resident (LPR or green card holder) is based upon whether the foreign national was admitted as a refugee or granted asylum in the United States.

Another avenue for a foreign national to obtain his or her status as a lawful permanent resident (LPR or green card holder) is based upon whether the foreign national has been in the United States continuously for a set period of time and can show a good moral character.  

Another avenue for a foreign national to obtain his or her status as a lawful permanent resident (LPR or green card holder) is based upon whether the foreign national with good moral character, who has been in the United States for 10 or more years, can show that his or her removal would result in exceptional and extremely unusual hardship to his or her spouse, parent, or child who is a US citizen or lawful permanent resident (LPR or green card holder).

Another avenue for a foreign national to obtain his or her status as a lawful permanent resident (LPR or green card holder) is based upon a foreign national winning a visa lottery made available to citizens of a designated set of countries.

Finally, another avenue for a foreign national to obtain his or her status as a lawful permanent resident (LPR or green card holder) is based upon whether there is any type of special congressional enactments in the form of an amnesty or legalization for a selected group of people. 

General overview of immigrant visa process to becoming a lawful permanent resident (LPR or green card holder):

Under the immigration visa process, an individual must first establish eligibility based on a family, employment relationship, or as a diversity immigrant, and then apply for a visa before a US consul abroad.  Further, at the time, the foreign national and the petitioner (depending on the visa type) must consider the grounds of inadmissibility and waivers.  Upon approval, the foreign national can travel to the United States and be inspected to ensure compliance with his or her visa terms.  Upon inspection and admission, the person is considered to be a permanent resident (LPR or green card holder).  Note that there are multiple steps involved in obtaining a visa; thus, make sure that you have consulted with a professional on the matter.  For more information on this matter, please contact our immigration attorneys.

Adjustment of status:

The adjustment of status allows a foreign national to obtain permanent residency ((LPR or green card) without having to go outside of the United States to apply for an immigrant visa.  To qualify for adjustment, the foreign national must have been inspected and admitted or paroled, be in lawful status, and not have worked illegally in the United States subsequent to January, 1 1977.  More importantly, there must be a visa number available (immediately) at the time of application.

Quota requirements of becoming a lawful permanent resident (LPR or green card holder):

Whether a person is able to become a permanent resident (LPR or green card holder) will be controlled by whether foreign national can satisfy the quota requirements.  There are exceptions to the quota requirements depending upon many factors.  For more information on this, contact our immigration attorneys.

Family based preferences for the quota requirements of becoming a lawful permanent resident (LPR or green card holder):

Family preferences include four categories:

Recognized family relationships under immigration statutes:

As is evident from the categories described above, not all family relationships are recognized for the purpose of immigration to the United States.

Whether a spousal relationship exists for immigration purposes, many different facts and circumstances are considered, such as:

A child is an unmarried individual under the age of 21, as described under immigration statutes. 

As for parental relationship, siblings, and adoptive children, please contact our office and speak with one of our immigration attorneys.  

Employment based preferences for the quota requirements of becoming a lawful permanent resident (LPR or green card holder):

Labor certification:

Some of the preference categories require a labor certification, whereby a US employer who is sponsoring an immigrant is required to obtain verification from the Secretary of Department of Labor (DOL) that there are insufficient available, qualified, and willing US workers to fill the position, and that the employment will not have an adverse effect on the wages and working conditions of similarly situated US workers.

Diversity Visas:

Diversity visas are known to many as green card lotteries.  In order to qualify, an applicant must have at least the equivalent of a high school education, or at least two years’ work experience within the five years prior to applying in a field requiring at least two years’ training experience.  Foreign nationals who are admitted under this program may bring their spouse and minor children.

Special Relief programs by US Congress:

In the past, Congress has established special provisions for the adjustment of status to permanent residency for targeted groups of people.  Thus, come and meet with one of our immigration attorneys, we will review your situation, and if a law is passed that meets your needs, our immigration attorneys will contact you and get your application process started so you can become a lawful permanent resident (LPR or better known as a green card holder).

Revocation of petition (preference order) under immigration laws of the United States of America:

A preference petition can automatically be revoked when:

Loss of lawful permanent residency (LPR or better known as green card) under immigration laws of the United States of America: 

There are three ways that a person can lose permanent residency:

This is a very complicated and important part of the immigration process; make sure you consult with one of our immigration attorneys.

Agencies and governmental departments that have and had dealt with immigration process:

Immigration and Naturalization Service (INS) was the primary agency dealing with immigration.  USCIS replaced the INS in 2003.

US Customs and Border Protection (CBP) as a part of DHS, CBP is now the unified border agency that combines the inspection and border authority of the US Border Patrol, US Customs, US Immigration and the Animal and Plant Health Inspection Service.

US Immigration and Customs Enforcement (ICE) as a part of DHS, the law enforcement functions of the US Customs Service, which include investigative and intelligence resources, the Immigration and Naturalization Service, the Federal Protective Service and the Federal Air Marshals Service, were merged into one organization.  ICE is the primary investigative branch responsible for identifying and eliminating vulnerabilities in the nation’s border, economic, transportation and infrastructure security.  ICE also has authority over illegal immigrant detention and removal.

US Citizenship and Immigration Services (USCIS) is the primary agency dealing with immigration and is a part of DHS.  USCIS replaced the Immigration and Naturalization Service in 2003.

Departments of Homeland Security (DHS):  DHS was created in 2002 to centralize and streamline many different agencies in order to coordinate the country’s efforts to combat terrorism. Most of the agencies handling immigration-related matters are now part of the DHS.

Department of Justice (DOJ)

Department of State (DOS):  the Department of State is the lead US foreign affairs agency.  DOS is primarily charged with developing and implementing foreign policy, and DOS oversees US consulates and embassies abroad, which are responsible for processing visa applications.

Department of Labor (DOL) promotes the welfare of workers by improving working conditions and advancing employment opportunities. Employers seeking to hire certain classes of permanent employees and temporary workers must file for a labor certification from the DOL prior to hiring the foreign nationals. Without the appropriate labor certification, foreign workers will be unable to secure visas and enter the US.

Department of Health and Human Services (HHS)

Immigration Judges (IJ)

Board of Immigration Appeals (BIA)

Executive Office for Immigration Review (EOIR)

Foreign national entering the United States without documents:

A foreign national who is inadmissible for false statements or documents and who is seeking admission to the Unites States at a port of entry is subject to expedited removal.  This decision regarding expedited removal is made by a DHS officer, and the officer’s decision may not be reviewed by an immigration judge.  However, if the foreign national expresses a fear of persecution, or makes a claim to a US citizenship or lawful permanent resident (LPR / green card holder) status, such foreign national will not be removed, and instead be placed in the regular removal process and be given a hearing. 

Citizenship and naturalization: 

Foreign nationals who live as lawful permanent residents (LPR or green cardholders) in the US for five years may be eligible to apply for US citizenship or better known as becoming a naturalized citizen.  The foreign national wanting to become a US citizen must be able to demonstrate the ability to read, write and speak English, and must be able to pass a US history and civics exam.

The immigrant also must be of good moral character.  Typically, crimes of moral turpitude, felonies, and certain types of other criminal convictions may make an immigrant ineligible for citizenship. 

Deportation:

Foreign nationals must abide by all the laws of the United States, including, local, state, and federal.  If a foreign national violates the terms of his or her status or commits certain types of crimes, he or she may become deportable or removed from the United States.  Deportable offenses includes:  conviction for certain crimes, such as drug crimes; overstaying visas, using fraudulent or falsified documents or providing material misrepresentations to enter the country, entering marriage fraudulently to gain entry into the country, assisting, encouraging, aiding or abetting others to enter the country illegally, engaging in any activity that endangers public safety or creates a national security risk, or violating any other US immigration or other law

Refugees and Asylees:

The international definition of a “refugee,” which the United States adopted, is a person outside of his or her country of nationality, who is unable or unwilling to return to his or her home country because of a “well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. On the other hand, under the US laws, an “asylee” is a person who otherwise meets the refugee definition but who is either at the border or within the U.S. territory and who merits relief at the discretion of the United States. 

The Legal Standard:

A person is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

First, the individual must be able to show a harm that rises to the level of persecution.  The courts have found an array of harms to rise to this level, from physical harm to substantial economic deprivation.  Also, the harm must come from the hand of the government, but courts have also looked at cases where the harm was by people that the government was unable or unwilling to control. 

As far as the fear being “well-founded,” such fear will be viewed through the subjective and objective standard.  Simply, the subjective element is the fact that the person has a fear (the easy one to show), and the objective element is that the actual circumstances of the applicant would fear persecution.

Another step in qualifying is that the persecution must be because of race, religion, nationality, membership of a particular social group, or political opinion. 

Race and Nationality have some overlapping common meaning.  These two elements are looked at the broadest range; simply put, all kinds of ethnic groups that are referred to as races or nationality in common usage. 

A particular social group includes persons of similar background, habits, or social status, and also may overlap with race, religion, etc.  BIA has defined social group-based persecution as persecution that is directed toward an individual who is a member of a group of persons all of whom share a common, immutable characteristic.

Political opinion encompasses a wide range of views held by a person. Scholars and practitioners use the following meaning for this category:  “any opinion on any matter in which the machinery of State, government, and policy may be engaged.”

Even after a person meets the above condition, he or she may be denied if the person falls into one of these special categories:

This is not where the process ends; all asylum claims are subject to a discretionary approval or denial.  This discretionary review and evaluation looks at the totality of circumstances.  Some of the factors that are considered are as follows:

With such stringent standards and requirements, it is always recommended that a person consult with his or her lawyer well in advance of filing his or her application in order to make sure that all angles and concerns are covered and addressed. 

B-1/B-2 Visitor’s Visas
Business or pleasure, what’s your choice? The B-2 visa is the ideal entry pass for tourists interested in seeing the many sites of the United States or those visiting friends and family members temporarily. The B-2 Visa is issued for pleasure trips for a brief period of time, and may also be granted to spouses, children and parents of B-1 visa holders. You may apply for a B-2 visa at the American Embassy or Consulate in your region or nation. To apply for a B-2 Visa, you must supply the following documents: (i) Form DS-156; (ii) Two recent passport photographs; and (iii) a Passport valid for travel to the United States for at least six (“6”) months longer than your intended visit. Depending on the country of origin, you may be asked to provide additional documentation. The immigration professionals at M&A will not only ease the information gathering process, but also assist you in arranging for an appointment at your local embassy, no matter where in the world you are.

E-1 Visa
The E-1 visa is for nationals from countries with which the U.S. has a treaty of friendship, commerce, and navigation who are coming to the U.S. to engage in substantial trade between the U.S. and the alien’s country of nationality. The E1 visa employee must hold a supervisory or executive position or have skills which are essential to the successful operation of an enterprise. The individual’s spouse and/or children may join him/her under the same status. The E1 visa is initially valid for two years and may be extended indefinitely.

E-2 Visa
The E-2 visa is issued to individuals known as ‘treaty investors.’ A treaty investor is a national of a country with which the U.S maintains a treaty of commerce and navigation. A treaty investor should be coming to the United States to involve themselves in a substantial investment. Although substantial, the investment may be less than that required for the minimum EB-5 Investor Visa of $500,000.00. Several means are used to determine the substantiality of the investment and whether an applicant would qualify for E-2 status. Upon becoming equal to or greater than $500,00.00, the treaty investor may petition for permanent resident status. The treaty investor’s spouse and/or children under the age of 21 may also accompany the treaty investor to the United States on E-2 Visa status. Allow M&A Law Firm’s experienced immigration attorneys determine the value of your investment and file the proper documents required for the foreign national to obtain entry to the United States.

F-1 Student Visas
An F-1 Visa may be obtained for a student who wishes to pursue full-time academic studies in a college, university, seminar, conservatory, private academic high school, other academic institution, or language training program.

F-1 Visas are proper for foreign nationals qualified to attend a full course of study at colleges, universities, conservations, or academic high schools in the United States. In order to qualify for F-1 status, the alien must first apply to, and be accepted by, an academic institution in the United States authorized to enroll foreign students. The student must establish that he or she has the financial ability to pay for all costs associated with the education sought as well as meet the schools academic requirements and show that he or she is fluent in English. Moreover, F-1 Visa holders may work 20 hours per week on campus.

F-1 students who suffer from economic hardship may secure off campus employment. Upon being issued an I-20, the immigration attorneys at M&A Law Firm will assist you in gathering the required documents and walking you through the process of obtaining your non-immigrant visa.

H-1B Specialty Occupation (Professionals) Visas
The H1B Visa is for workers who will perform in a specialty occupation. A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. Examples of occupations which often use H1B workers are as follows: teachers, computer programmers, physicians, architects, marketing analysts, engineers, etc. H1B visas are issued for up to three years, and can be extended for up to six years. After six years, the H1B visaholder can no longer extend the H1B visa, unless he or she meets a special exception. Spouses and children of H1B visa holders may enter and remain in the US in H4 status. H4 visa holders may attend school in the US but cannot accept employment.

J-1 Exchange Visitor Visas
The J1 visa is designated for educational and cultural exchange programs designated by the US Department of State and the Exchange Visitor Program and Designation Staff. The J1 exchange visitor program is designed to promote the interchange of persons, knowledge, and skills in the fields of education, arts, and sciences. Some J1 visa holders are subject to INA §212(E) and will need to obtain a J1 Waiver before they can change their status to H1B, L1 or to adjust their status to permanent resident. Spouses and children of J1 visa holders may enter and remain in the US in J2 status. J2 spouses may apply for a work permit. J2 spouses and children may attend school in the US. There are a wide variety of such programs, including programs intended for: professors or researchers; scholars; short-term scholars; trainees; college and university students; and teachers; etc.

L1 Intracompany Transfer Visas
Businesses that function both in the United States and in their home country gain the benefits of the best of both areas. The L-1 visa is open to international organizations with offices in the US, and who transfer employees to the US office for temporary periods of time. This visa is sometimes referred to as the 'intra-company transferee' visa. To obtain an L-1 visa, you must be able to prove that you have worked for the non-US company for at least one full year within the last three years as an executive, manager or employee with specialized knowledge. The L-1 visa enables the transfer of managers, executives and specialized knowledge personnel to a US office, subsidiary or affiliated company. This visa comes in the following categories: 1. L-1A visas - for executives and managers 2. L-1B visas - for personnel with specialized knowledge Your spouse and unmarried children under the age of 21 are allowed to join you in the US, under L-2 status. They are not allowed to work, but can attend school or college. Servants may be eligible for a B-1 visa with work authorization. The L1 visa is initially valid for three years and can be extended to a total stay of five years. There is no prevailing wage requirement for the L1 visa. Allow the experts at M&A Law Firm prepare your application for an L-1 visa and put you on your way to the United States.

O-1 Extraordinary Ability Worker Visas
The alternative to the H1-B cap. O-1 visas are for aliens who have extraordinary ability in the fields of science, arts, education, business or athletics. The O-1 visa is not self-petitioned. An applicant must have a sponsor to apply for the status and there is no prevailing wage requirement. The visa enables people with extraordinary ability in the sciences, arts, education, business, athletics, motion picture or television industry to enter the United States for a temporary period of time. The benefit to the O-1 visa is that USCIS has loosely defined this category, and as a result the spectrum of individuals includes chefs, carpenters, and lecturers. The applicant’s spouse and/or children under age 21 may join the applicant in the United States on O-3 status. While they are not allowed to work in the United States, family members will be allowed to attend school.

P-1 Artists and Athletes Visas
The P1 visa is designated for entertainers, circus artists, and athletes who are coming to the US temporarily to perform at a specific competition or event. An athlete who wishes to remain in the US for a longer period of time should apply for an O1 visa. The P-1 is open to persons who perform as athletes, individually or as part of a group or team that is “internationally recognized” or a person who performs with or is an integral or essential part of an entertainment group that has been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time.

R-1 Religious Worker Visas
The R-1 visa is available to religious workers who have temporary work in the United States. A religious vocation is defined as a calling to religious life, shown by a demonstration of a lifelong commitment; for instance, taking vows. Nuns, monks, and religious brothers and sisters are examples of religious workers. This includes ministers, a professional in a religious occupation, or a religious organization. The applicant should be a member of a religious denomination that has a nonprofit organization in the United States for the two years prior to the application date. Your spouse and/or unmarried children under 21 years of age may be granted derivative status to enter the US They are not authorized to work while in the US, but may attend school.

TN Visas applicable to Canadians and Mexicans
TN visas are available to Canadian and Mexican Citizens under the North American Free Trade Agreement (NAFTA). It is for those Canadian and Mexican citizens who are seeking their profession in the United States temporarily.

Family Sponsored Immigration

The family based petitions permit certain aliens to become U.S. permanent residents (“green card” holders) or U.S. citizens through family relations with U.S. green card holders or U.S. citizens. The person filing an immigration petition for his family member is known as the sponsor. The relative for whom the family based petition is filed is called the beneficiary. If the sponsor is a U.S. Citizen, they may sponsor for their husband/wife, unmarried child under the age of 21, unmarried son or daughter over 21, married son or daughter of any age, and a brother, sister, or parent if the sponsor is at least 21 years old. A permanent resident may petition for a husband or wife, or an unmarried son or daughter of any age.

Application Process:
To become a legal permanent resident based on a familial relationship, an individual must go through a multi-step process.

The processing step for an immediate family member of U.S. citizen is streamlined. Here, all the paperwork can be filed at the same time. But, all other sponsors must undertake specific steps at certain interval of time.

The filing of a family based petition does not offer the beneficiary lawful status. If the beneficiary desires to wait for a visa number in the United States, he/she must receive a temporary family visa or work visa. Or else, the beneficiary has to wait outside of the USA.

K1 Visa – For Fiance of a US Citizen
The K1 visa permits the K1 visa holder to enter the US for a 90-day period to marry the petitioner and apply for permanent residence (green card) and obtain a work permit. Once the visa is issued, the K1 visa holder has six months to enter the US for the purpose of marriage.

The K1 visa process is rather long and arduous. However, we will be happy to see you and your fiancé(e) through the process and make sure that things go as smoothly as possible. Mishandling of the K1 fiancé(e) visa application may result in lost time, visa denials or arrest and deportation of the fiancé(e) where the USCIS suspects fraud. If you are already married, then you may want to apply for a K3 visa. Children of the K1 visa applicant may obtain a K2 visa to enter the US together.

K3 Visa – For Spouse of a US Citizen
The K3 visa permits the spouse of a US citizen to enter the United States and remain in the US while their permanent residence (green card) application to be approved. The K3 visa holder may obtain a work permit while in the US. It is valid for two years with multiple entries. The processing time for K3 visa varies with each individual's circumstances. Normally, it takes around 90 to 120 days to process the K-3 spouse visa.

In order to qualify for K-3 visa, you must:

The K3 visa process is rather long and arduous. However, we will be happy to see you and your spouse through the process and make sure that things go as smoothly as possible. Mishandling of the K3 visa application may result in lost time, visa denials or arrest and deportation of the spouse where the USCIS suspects fraud. If you are not yet married, you may want to apply for a K1 visa. Children of the K3 visa applicant may obtain a K4 visa to enter the US together.

EB-1 Foreign Nationals of Extraordinary Ability, Outstanding Professors and Researchers, and Multinational Executives and Managers
Workers who show extraordinary ability in the sciences, educations, business, or athletics may qualify for an EB-1 visa. Their achievements must have been recognized in the corresponding field through extensive documentation, or through the receipt of an internationally known award. The immigrant must have three years of experience in the field and must enter the U.S. with a tenure teaching position at a university or institution of higher learning, or in a research position with a private employer.

EB-2 Workers with Advanced Degrees or Exceptional Ability in the Sciences, Arts or Business
A foreign national applying for the EB-2 Visa with Advanced Degree must be working in a field deemed a “profession”, such as an architect, doctor, or an attorney, and must hold an advanced degree in that field. To apply under the Exceptional Ability in the Sciences, Arts, or Business, the applicant must have a degree of expertise that is well above that which is encountered in the sciences, arts, or business.

EB-3 Skilled Workers and Professionals
Individuals fall under the EB-3 classification with two years of experience as a skilled worker, if they are a professional with a bachelor’s degree, and the following: aliens with at least two years of experience as skilled workers; professionals with baccalaureate degree; and other works with less skills who contribute abilities that are unavailable in the U.S. Skilled workers must have at least two years of experience either through work or post-secondary education. Professionals should either have a U.S. bachelor’s degree or a foreign equivalent.

EB-4 Special Immigrant Visas for Religious Workers
Applicants applying for EB-4 Status must be a religious worker who has worked for a member of a religious denomination with a bona fide nonprofit organization in the United States for at least two years. They must have been working continuously for the past two years as wither a minister or priest, in a professional capacity or religious occupation, or in a religious occupation for the organization or its nonprofit affiliate.

EB-5 Investor/Employment Creation Visas
Individuals and their immediate family members who have invested a certain amount of capital into a commercial enterprise that they have started in the United States may be eligible for Permanent Resident status under the EB-5 Investor Visa. They must show that their business will benefit the United States economy and create full-time employment opportunities. A minimum of $500,000 to $1,000,000 is required as an initial investment to qualify.

DV-1 Visas (the “Green Card Lottery”)
Approximately 55,000 visas are allotted randomly to individuals from nations who are underrepresented in the total immigrant pool in the United States.

Refugee and Asylum Applications
Individuals who are being persecuted in their home countries are able to apply for asylum, refugee status, or temporary protected status in the United States. Asylum status includes those individuals who are already in the United States and meet the definition of a refugee. A refugee is a person who cannot or is unwilling to return to his or her native country due to fear of persecution or because their freedoms would be threatened. Refugee status requires the individual to be living outside of the United States.

Deportation and Exclusion Matters
The Department of Homeland Security may seek to remove an immigrant due to criminal acts or immigration infractions. If a judge seeks deportation, there are still many options that one can take to remain in the country. These include, applying for asylum, petitioning the government to cancel the removal, adjustment of status, or submitting a Motion to Reconsider. Exclusion occurs when an individual is not allowed to enter the country at the U.S. border.

Personal Injury

M&A Law Firm handles a variety of personal injury actions including auto accidents, on the job injuries, and medical and malpractice claims. M&A Law Firm has represented clients on all ends of the spectrum, from major personal injury cases to the most minor auto accident. M&A is proud to be a plaintiff’s Firm and will fight to obtain just and fair compensation for each individual client. Don’t let insurance companies sell you short – allow M&A to fight for you and obtain every last penny you are entitled to.

Auto Accidents/Car Crashes
Every year, thousands of people are involved in accidents involving cars that result in minor to serious injuries. The attorneys at M&A Law Firm can help maximize your recovery from the most simple auto accident to the most severe.

Wrongful Death
Wrongful death lawsuits involve a death as a result of negligence (or other liability) by the defendant. The surviving dependents or beneficiaries are entitled to answers as to why such a tragedy took place, in addition to monetary damages resulting from the negligence of the defendant. Allow M&A Law Firm to fight for these answers and prevent the truth from being pushed under a rug.

Insurance Bad Faith
The law requires that insurance companies act in good faith and deal fairly with the insured person. Bad faith occurs when insurance companies make up a reason to deny a claim or look for ways to escape obligation to pay. It also includes inadequate investigation, threats against an insured person, or refusing to defend a lawsuit. Don’t let insurance companies deny you of your right to just compensation resulting from their insured’s negligence. M&A Law Firm will prevent the insurance companies from taking advantage of the little man and fight for your rights to just compensation for injuries incurred.

Premises Liability
A person who owns or possesses land is responsible for any injuries suffered by persons who are on the premises. Premises can include residential property, business property and/or investment property. As a result, when injuries occur on your premises, how that premises is categorized determines your level of liability, if any. M&A Law Firm can analyze facts, which are key to determining your liability, if any, and prevent the blame from being placed on you by the insurance company.

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