Austin is a bit of an anomaly. It is one of the most liberal cities in the U.S., located in the middle of one of the most conservative states in the country. This unique position puts it in the crosshairs of a culture war, especially when it comes to immigration.
Experienced immigration attorneys battle through this culture war every day, protecting the rights of noncitizens, whether they are attempting to legally immigrate or are in the country without permission. If you need the assistance of an experienced immigration lawyer in Austin, this guide will help you find one of the best.
- Best Immigration Attorneys in Austin
- Compare Top Immigration Attorneys in Austin
- Immigration Laws in Austin, TX
- How Can an Immigration Attorney Help You in Austin?
- How To Choose the Best Immigration Lawyer in Austin, TX
- Our Methodology for Finding the Best Austin Immigration Attorneys
- Frequently Asked Questions (FAQs) About Immigration in Austin
- Next Up In Legal
Best Immigration Attorneys in Austin
Compare Top Immigration Attorneys in Austin
Immigration Laws in Austin, TX
When it comes to immigration laws, Texas is in an interesting situation. Most states don’t have separate immigration laws from the federal government because immigration is historically regulated nationally.
However, in 2023, the Texas Legislature passed Senate Bill 4 (SB4), which allows state and local enforcement of immigration, even in situations where federal officials might not be able to act. SB4 is currently on hold as litigation works its way through the courts. But depending on court decisions, it could become enforced as a state law sometime soon.
Who Is Covered by Immigration Laws in Austin, TX?
Immigration laws primarily apply to noncitizens who are present in the U.S. (legally or illegally) or noncitizens who wish to travel to the United States. However, if SB4 becomes an active law, some of the provisions within the law could affect citizens as well.
Typically, citizens are affected by immigration laws only in limited ways. They may, for example, be required to provide sponsorship for a green card applicant or need to submit to an interview so the government can get information about another party.
Immigrant Rights Under Texas Immigration Laws
Documented immigrants have nearly as many rights under Texas laws as citizens do. For example, documented immigrants have the right to:
- work and rent a domicile
- apply for a Social Security number
- be protected by Texas and federal labor laws
- not answer questions about immigration status from an employer or law enforcement officer
- collect unemployment
- receive Disaster Unemployment Assistance
- remain silent when questioned by law enforcement, as per the Fifth Amendment
- not be subjected to unreasonable search and seizure, as per the Fourth Amendment
- be represented by a lawyer
Undocumented students who have lived in the state for at least three years are eligible to receive financial aid and can pay in-state tuition fees at Texas colleges.
Texas Laws That Impact Immigrants
If it isn’t found to be unconstitutional by a federal court, SB4 will have the greatest impact of any local law on immigrants. This law makes it a misdemeanor for a person to illegally cross the border in Texas between points of entry and allows police to question and arrest people they suspect to have entered illegally.
The main impact will be on asylum-seekers. Typically, asylum-seekers can petition for asylum even if they enter the U.S. illegally. However, if they are convicted of a crime while in the U.S., they could be subject to removal before their petition is considered.
Another law that impacts immigrants is being enforced. Certain employers in the state (including state agencies, colleges and sexually oriented businesses) are required to use E-Verify to confirm that their new employees can legally work in the U.S., and the system is voluntary for other employers. This system does not reveal whether the potential employees are immigrants. It just shows whether they are legally entitled to work in the United States.
Filing Process for Immigration in Austin, TX
Filing for immigration is a complicated, multistep process. Applicants have the right to be represented by an Austin immigration attorney during this process. Typically, the process includes the following steps.
- The sponsor applies. The sponsor is usually an employer or a family member who seeks to bring the applicant to the United States.
- USCIS review. Immigration services ensure that the application was filed properly and that a visa is available.
- USCIS biometrics appointment. The applicant must provide fingerprints and a photograph so the government can perform a background check.
- Interview. During the interview, a government agent will talk to the applicant (and maybe their sponsor) to confirm the information previously provided.
- Decision. USCIS will determine whether to approve the application or not. If approved, it will provide a green card within a few weeks.
How Can an Immigration Attorney Help You in Austin?
Austin immigration attorneys offer several services. For many people, the most important benefit of being represented by an immigration attorney is that they understand the legal nuances of the process. This means your attorney can help you obey the law while filing an immigration application and ensure that you don’t miss any deadlines or make any mistakes.
Immigration attorneys are also important when immigrants run afoul of the criminal justice system. Many immigration lawyers are familiar with criminal law. This means they can help defend you against state or federal charges while also protecting you from deportation.
How To Choose the Best Immigration Lawyer in Austin, TX
When you need an Austin immigration attorney, you can’t afford to be represented by an unskilled attorney. All of the lawyers on this list are highly experienced. So, how do you choose between them when looking for an attorney? Consider the following factors when making your decision.
- Other practice areas. Many immigration law issues involve other areas of law. If your issue crosses one of those lines, look for a lawyer with diverse experience.
- Languages spoken. It will be a lot easier to discuss your issues with your lawyer if they speak your native tongue. Make sure you can communicate clearly with your lawyer and understand their advice easily.
- Past results. Immigration lawyers rarely post their past results online. But if you speak to them directly, they should be willing to tell you about past results without revealing private details.
Our Methodology for Finding the Best Austin Immigration Attorneys
Forbes Advisor considered many factors to determine the best immigration lawyers in Austin of 2024. Its mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. However, this information should not be considered comprehensive. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs) About Immigration in Austin
Does Austin provide refugee services?
Yes. The city government of Austin offers assistance for refugees. It will help refugees get a medical examination, immunizations, testing for diseases and treatment if needed. The city government will also connect refugees with nonprofit organizations that provide additional support.
How much will an immigration lawyer cost me in Texas?
Every lawyer is different, but for even the simplest services, you should expect an immigration lawyer to cost a few thousand dollars. Complex cases like deportation defense are likely to cost at least $5,000 and may cost tens of thousands.
Can an undocumented immigrant get a driver’s license in Austin?
No. Texas law prohibits undocumented individuals from getting a driver’s license. If the state can’t verify an applicant’s lawful presence, it will not provide a license.