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Feature TYLA Project

Breathe Free: A Guide to Immigration
By:  Lance Currie

Most people in the United States are either immigrants or the descendants of immigrants. Part of what makes Texas so vibrant is its immigrant culture, and immigration law directly affects the lives of many Texans. Through its project “Breathe Free: A Guide to Immigration” TYLA presents an overview of immigration law and our the immigration system.

“Breathe Free” begins by explaining the difference between immigrants and non-immigrants, with the distinction based on whether a person intends to come to the United States permanently or temporarily. It then discusses the process of admission, meaning the lawful entry of an alien into the United States, usually with a visa.

This leads to a summary of the many types of visas available. First, there are family-based visas, which depend on an alien’s family relationships with U.S. citizens. There are also employer-based visas, which are available to qualified applicants based on the type of work they will do upon entering the United States. Many employment-based visas require proof that an immigrant has been offered a job, but not all. There are also diversity visas, designed to promote immigration from certain countries with low rates of immigration to the United States. Finally, there are non-immigrant visas, which are for people coming to the United States for a temporary visit.

“Breathe Free” then discusses various types of immigration proceedings, including removal proceedings. These proceedings often deal with the exclusion or deportation of a person from the United States. The booklet also discusses grounds for relief from removal, including asylum and protection for survivors of domestic violence, among others.

Finally, the booklet discusses Deferred Action for Childhood Arrivals (“DACA”), which allows the government to exercise discretion to defer removal proceedings against certain eligible undocumented youths for up to two years. While the well-discussed DREAM Act has never been passed, DACA provides some relief to eligible youths facing deportation.

TYLA hopes that “Breathe Free” will help those dealing with immigration issues to better understand their options. While it is not a substitute for legal advice, it can help people gain a basic understanding of immigration law to learn the right questions to ask. TYLA will begin distributing “Breathe Free” in the near future.

Lance Currie is TYLA Director and a securities and general business litigator at Carrington, Coleman, Sloman & Blumenthal LLP. He represents clients from a variety of industries, including health care, securities, construction, transportation, telecommunications, and real estate. He is also part of Carrington’s respected legal malpractice team.