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Texas: The future of Build Back Better immigration reform

New immigration reform made its way into the Senate through the Build Back Better act, but opposition from Texas senators could be a tough hurdle to overcome.

The effects of a new immigration reform would not go unnoticed in the state of Texas, the second with the highest number of immigrants in the country, only behind California. More than a million immigrants will be able to regularize their situation if Build Back Better, the bill promoted by the Democratic government and recently approved by the House of Representatives, passes the Senate instance.

But what do Texas senators think about the new immigration reform? An analysis of the political history and the recent statements of Ted Cruz and John Cornyn, senators for this state and both members of the Republican party, allows us to advance their negative vote for President Joe Biden’s Build Back Better project.

What is at stake in the new immigration reform?

The new immigration reform, introduced through the Build Back Better plan package of laws, aims to protect undocumented immigrants who arrived in the United States before January 2011 and have lived permanently in the country since then. If approved, more than 7 million people who are currently undocumented could apply for renewable work permits with a duration of 5 years. In this way, it is expected that the beneficiaries of this reform will regularize their immigration status and have 10 years of effective protection against deportation.

In addition, those who are eligible will be able to receive work permits and have the possibility to apply to travel abroad and even obtain driver’s licenses. This will not only improve the quality of life for millions but, in many cases, it will mean a chance of reuniting with their estranged families.

The Build Back Better act also proposes to revalidate more than 400,000 green cards approved by Congress but currently disused due to bureaucratic restrictions caused by the COVID-19 pandemic.

What are the prospects for immigration reform in the Senate?

Since Ronald Reagan’s presidency in 1989, no such conciliatory measure has been adopted. At that time, almost 3 million immigrants benefited. Today, if the reform is approved, the Migration Policy Institute estimates that the total number of people reached will be more than 7 million.

Senate MP Elizabeth MacDonough has twice previously rejected similar proposals from Democrats. Her position is that immigration policy issues should be debated and evaluated exclusively, and not within a more general project, as is the case with Build Back Better. Senators like John Cornyn, who oppose the approval of the reform, echoed this argument.

For their part, the Democratic senators who support the new immigration reform argue that it is necessary to urgently enact laws that guarantee the rights of the migrant population in the event that a future administration tries to re-implement restrictive immigration policies or tries to begin a deportation campaign.

Although the bill already has the approval of the House of Representatives, it still has to be approved by the senators to take effect. The statements of both the Republican majority and the Senate parliamentarian allow us to anticipate that it will be a path full of obstacles, but the support that the new immigration reform has received so far also inspires optimism among all migrants and advocates in the country.

If you are in need of immigration legal advice, do not hesitate to contact us! At the Law Office of Shelle-Ann Simon we have wide experience in immigration proceedings, family law, and personal injury and have successfully defended our clients for over 10 years. Contact us through our website or give us a call at 281-606-0800!

House passed Build Back Better Act: How will the immigration system change?

Last week, the House of Representatives approved the Build Back Better Act. Still pending approval in the Senate, it promises important changes to the US immigration system.

The House of Representatives passed President Biden’s Build Back Better Act on Friday morning, a comprehensive package of Democratic social spending priorities that includes free preschool, initiatives to combat climate change, affordable housing programs, and immigration system reforms.

The legislation passed with a vote of 220-213 that cleared a major stumbling block to a plan that is the cornerstone of Democrat’s broad national agenda to expand the country’s social safety net, tackle climate change, and help Americans recover from the COVID-19 pandemic.

The main goals of Build Back Better Act: a quick review

  • Universal preschool to cover more than 6 million three- and four-year-olds
  • An expansion of Medicare coverage to cover hearing health issues.
  • Various initiatives aimed at reducing the cost of prescription drugs, including insulin.
  • Healthcare subsidies for low-income Americans.
  • Initiatives to combat climate change, including electrification of the US Postal Service fleet.
  • Four weeks of paid family and medical leave.
  • An extension of the Child Tax Credit through 2022 to $ 300 per month for each child under age 6 and $ 250 per month for each child ages 6 to 17.
  • Creation of a Civilian Climate Corps to combat the effects of global warming.
  • Allocate billions to help IRS agents crack down on tax evaders.
  • Expanded help for Historically African American Colleges and Universities.
  • Makes 9 million more children eligible for free school meals.

Build Back Better Act changes related to Immigration Reform

Work Visas and Permits: Work permits for nearly 7 million people who have lived in the country since at least January 1, 2011. Of those 7 million people, it is estimated that 1.5 million will be eligible to obtain green cards through American family members.

Green Card Recovery: If the bill is approved as it is currently designed, Build Back Better Act could help recover more than two million green cards previously authorized by Congress that have not been used since 1992.

Employment-Based Green Card Acceleration: Some employment-based green card applicants who have been waiting for at least two years will be able to pay a $5,000 supplemental fee to remove country and annual limitations and obtain permanent residency. In some cases, the benefit will be also extended to family members for $2,500.

Child Tax Credit: Under the Trump administration, approximately one million children whose parents are undocumented were unable to receive financial assistance related to COVID-19. This new bill proposes to reverse this restriction.

Will the Build Back Better Act pass the Senate?

The roughly $2 trillion Build Back Better Act has yet to get Senate approval, which is expected to occur during December. Although it only has a half-sanction, Biden called the House vote “another big step forward in executing my economic plan to create jobs, reduce costs, make our country more competitive and give workers and the middle class an opportunity to fight.”

However, it is not yet clear whether all provisions currently present in the Build Back Better Act will be included in the final Senate bill. Some changes may be needed in order to get the approval of moderate senators, or might be required by the Office of the Parlamentarian.

If you are in need of immigration legal advice, do not hesitate to contact us! At the Law Office of Shelle-Ann Simon we have wide experience in immigration proceedings, family law, and personal injury and have successfully defended our clients for over 10 years. Contact us through our website or give us a call at 281-606-0800!

Title 42 and the Remain Mexico policy revived under Biden

Why is Biden pursuing Trump-era policies? There is frustration among activists and government officials over the continuity of Title 42 and the Remain in Mexico policy.

In early July, amid promises of new immigration policies, the Department of Homeland Security (DHS) drafted a comprehensive nine-page plan to end Title 42, a Trump-era pandemic policy to swiftly evict migrant families with kids. But the plan was shelved shortly after and was never implemented.

This came after senior White House and DHS officials raised concerns about the risk of undoing this policy when migrant arrests had skyrocketed to a 21-year high and the Delta variant of the coronavirus was spreading rapidly.

Instead, the Biden administration ended up defending the use of Title 42, which was first invoked by the Trump administration in March 2020 despite objections from some officials at the Centers for Disease Control and Prevention. Since July, immigration officials have used Title 42 and other Trump-era immigration policies to expel more than 44,000 migrant parents and children traveling as families without allowing them to apply for humanitarian protection.

“We are in this very strange place where we are enforcing Title 42 more strongly than the Trump administration.”

A Biden administration official stated that he requested anonymity to speak freely.

An opportunity for reform or just continuity of anti-immigration regulations?

Disagreements between officials appointed by Biden who have pushed for stricter enforcement of immigration policies, including increased deportations, and others who support expanding access to the asylum system have hampered the policy goals of the administration, people involved in these discussions said.

The Biden administration could find itself implementing the most radical border restrictions instituted under former President Donald Trump: Title 42 expulsions and the Remain in Mexico policy.

Although some government advisers insist that the application of Title 42 is necessary in a pandemic context, other officials believe that the continued implementation of these immigration policies is based largely on optics, and that they will be maintained due to fears that eliminating them might suggest the appearance of a chaotic border.

“At the end of the day, politics trumps policy. And the politics of having large numbers of people deported at the border is what has won.”

Said a member of the Biden administration familiar with the internal disputes.

Reviving the Remain in Mexico policy was presented by some as a deterrent tool. Some officials even believe the policy could be applied in a way that offers better processing and security for asylum seekers. The Biden administration has also considered trying to convince the Mexican government to sign an agreement that would allow the United States to redirect non-Mexican asylum seekers to Mexico.

A difficult balance for a damaged administration

Tyler Moran, Biden’s senior immigration advisor, said the Biden administration isn’t just focused on deterring migrants. He noted that work has been underway to expand refugee resettlement and work visas and mitigate the factors that push people to leave their home countries.

The administration, Moran added, is still trying to rebuild an asylum system destroyed by Trump-era restrictions. You also have to act carefully to ensure that changes in immigration policy resist lawsuits.

Due to these differences in immigration policy, the relationship between the Biden administration and the immigrant advocacy community has deteriorated greatly throughout the year.

“The asylum system needs to be restored. These are not Trump policies, they are Biden policies at this time.”

Said Astrid Domínguez, an immigration advocate who oversees a coalition of advocacy groups in South Texas.

Cecilia Muñoz, who served as former President Barack Obama’s top immigration adviser, stated that she largely understands the frustration of immigration advocates. But she said the Biden administration faces very few and terrible alternatives, noting that all decisions, such as sending migrants to Mexico, detaining them, or releasing them in the United States have profound humanitarian and political consequences.

If you are in need of immigration legal advice, do not hesitate to contact us! At the Law Office of Shelle-Ann Simon we have wide experience in immigration proceedings, family law, and personal injury and have successfully defended our clients for over 10 years. Contact us through our website or give us a call at (281) 606-0800!

What is exactly the Visa Bulletin? | 2021 | Shelle-Ann Simon

If you just applied for a Green Card, you have undoubtedly already heard the term “Visa Bulletin”. Here we will explain its purpose and how to use it to know how long your immigration procedures at USCIS will take.

The Visa Bulletin is an essential tool for all migrants who have submitted applications to the United States Citizenship and Immigration Services (USCIS), particularly those hoping to obtain a Green Card. It is a monthly released document that indicates what type of petitions are advancing in the immigration agency and how long the delay is estimated for each process, depending on the date the application was submitted and other factors.

The further ahead you are in the line, corresponding to the type of immigration procedure you applied for, the closer you will be to obtaining your Permanent Resident Card in the United States. Normally, once you have filed your I-130 petition, you can simply use the updated Visa Bulletin to find out where your spot is on the waiting list.

Did you know that the issuance of Green Cards has an annual limit?

The reason the Visa Bulletin even exists in the first place is because Congress places an annual limit on the number of Green Cards that can be issued. As the number of migrants applying for Permanent Resident Cards constantly exceeds this limit, this has caused a backlog of petitions creating a significant delay in adjustment of status procedures.

Congress currently allows the issuance of 366,000 green cards per year, but that total is divided into a complex system of categories, with a specific annual fee for each one. The categories with the highest quota are applications based on family ties (226,000) (which include applications based on marriage) and applications based on employment (140,000).

In addition to setting a blanket cap on the number of permanent residence cards that can be issued per year per category, Congress also limits the amount available based on applicants’ country of origin. No country can represent more than 7% of green cards in any category.

What categories exist in the Visa Bulletin for Family-based Immigration?

The limits per year for family-based Green Cards are spread over four main preference categories that are given different names in the Visa Bulletin:

  • F1: Single adults (over 21 years of age) children of US citizens. 23,400 cards per year.
  • F2: Spouses and unmarried children of permanent residents. 114,200 cards per year, divided into two sub-categories (F2A and F2B).
  • F2A: Spouses and unmarried minor children (under 21 years of age) of permanent residents. 87,934 cards per year.
  • F2B: Single adults (over 21 years old) children of permanent residents. 26,266 cards per year.
  • F3: Married children of US citizens, regardless of age. 23,400 cards per year.
  • F4: Brothers or sisters of US citizens. 65,000 cards per year.

F2A: The fastest way to get a Green Card

If you look at this month’s Visa Bulletin, you will notice that the waiting time to receive a permanent resident card for the F2A category is much shorter than for any other category of preference for family immigration.

There are two reasons why this category advances faster than the others. First, it is the category with the largest fee, with a total of 87,934 cards per year. In addition, 75% of the green cards within the F2A category are exempt from the annual limits per country, so they may exceed this limit in some cases.

Is there also an annual limit for spouses of U.S. citizens?

Fortunately, there is no annual limit to the number of green cards available to those who are direct relatives of US citizens. These can be spouses, parents, or unmarried minor children. As there is no annual limit, there are no delays in the issuance of this type of permanent residence card, and it will not be necessary for you to follow the visa bulletin to estimate the delay time of your process.

Where can I find last month’s Visa Bulletin?

USCIS periodically publishes the Visa Bulletin updated to the current month on the website of the Bureau of Consular Affairs of the Department of State. If you need to know the estimated waiting times for different procedures within USCIS, you can also use the official online tool, which will allow you to access the updated processing times for each location and type of procedure.

If you have not yet started the procedure of applying to obtain your permanent residence card in the United States, remember that it is extremely important that you present all your documents correctly so that you do not take risks or have to wait longer than necessary.

We highly recommend that you contact a lawyer specializing in immigration before undertaking any procedure of this kind, especially if you think that your immigration situation may be delicate.

If you are in need of immigration legal advice, do not hesitate to contact us! At the Law Office of Shelle-Ann Simon, we have wide experience in immigration proceedings, family law, and personal injury and have successfully defended our clients for over 10 years. Contact us through our website or give us a call at 281-606-0800!

Immigration raids halted by the Biden administration

The Biden administration announced that immigration raids will shift their focus to stopping employees who exploit immigrants and stop persecuting undocumented workers.

Over the past few months, the current administration has worked to end immigration raids in workplaces where millions of undocumented workers subsist. The government has chosen to focus on employers who exploit migrants and put them through inhumane conditions under threat of deportation.

The new approach, which received the support of migrant advocacy groups and was widely criticized by sectors of the opposition, was recently communicated through an official memorandum published by Alejandro Mayorkas, secretary of the Department of Homeland Security (DHS).

This move represents another key departure from Trump-era immigration policies. During the previous administration, the Immigration and Customs Enforcement Service (ICE) carried out the largest number of anti-immigration operations statewide through a series of raids on food processing plants in Mississippi.

Immigration raids during the Trump administration were commonplace, causing fear in millions of undocumented workers living in the United States and distancing them even further from any means of help regarding the brutal conditions that many of them endured.

New policy regarding immigration raids sparks controversy among opponents and allies

Enforcement of immigration law in workplaces where undocumented workers are hired has always been a controversial topic in the immigration debate. Republicans generally agree to these repressive measures as a means to stop both employers and undocumented workers who are breaking the law by working without permission in the country.

The Democratic Party argues that it is the workers and not the employers who are disproportionately affected by the application of immigration law. In relation to this position, the Mayorkas memorandum targets “exploitative employers” and shift the focus of immigration raids to not be directed against workers, who are often exploited and lack other means to survive.

“The mass deployment of the workplace, which sometimes resulted in the simultaneous arrest of hundreds of workers, has traditionally not focused on the most pernicious aspect of the unauthorized employment problem in our country: exploitative employers. These highly visible operations misallocated law enforcement resources while chilling, and even served as a retaliatory tool for workers’ cooperation in workplace standards investigations. “

Reads Mayorkas’ memorandum.

Future measures and policies, he adds, will seek to have “more severe consequences” for those workers with the aim of reducing the demand for illegal employment, encouraging workers to denounce labor exploitation, and expanding coordination between state institutions.

“We will not tolerate unscrupulous companies that exploit undocumented workers, carry out illegal activities or impose unsafe working conditions. Entrepreneurs involved in illegal acts will be the focus where our resources will be applied ”.

Alejandro Mayorkas wrote in his statement.

US economy needs migrant workers more than ever

The new policy comes during a critical labor shortage in the United States, accelerated by the pandemic, and gives reassurance that undocumented workers are not at risk of being massively deported. And the new focus will help fight the endemic exploitation of undocumented workers, since some companies that rely on them pay way below the market rate for jobs, taking advantage of the precarious situation of migrant workers and trying to undercut competitors.

“Refocusing resources to counter exploitative employers is a necessary step in protecting the American labor market and workers.”

Said Representative Bennie Thompson, and chairman of the Homeland Security Committee.

If you are in need of immigration legal advice, do not hesitate to contact us! At the Law Office of Shelle-Ann Simon we have wide experience in immigration proceedings, family law, and personal injury and have successfully defended our clients for over 10 years. Contact us through our website or give us a call at (281) 606-0800!

Your Complete Guide to the U.S. Citizenship Application

Filing a citizenship application is one of the most important immigration steps you can take. This guide answers the questions we hear most often about the U.S. citizenship application process, updated for 2026.

We’ve walked hundreds of permanent residents through their N-400. If you haven’t started yet, see how to begin the naturalization process step by step. Here we focus on the questions that come up once you’re filling out your application.

What Is the U.S. Citizenship Application (N-400)?

The U.S. citizenship application, officially Form N-400, is what you submit to USCIS to become a naturalized American citizen. It covers your personal history, residency, employment, travel outside the U.S., and moral character over the past several years.

You can file the N-400 on paper or through a USCIS Online Account. Online filing lets you track your case status, upload documents, and receive notices digitally. Either method works, though many applicants find the online account easier to manage.

The application is the first step in a multi-step naturalization process. For full eligibility requirements and a step-by-step guide on how to begin the naturalization process step by step, see our dedicated guide.

What Documents Do You Need for the Citizenship Application?

USCIS requires supporting documents along with your N-400. Gathering these in advance prevents delays. Most applicants need the following:

  • Green Card (Form I-551): photocopy of front and back, current and any expired previous versions.
  • Government-issued ID: driver’s license, state ID, or passport.
  • Travel history records: dates of every trip outside the U.S. during the statutory period (last 5 years, or 3 if married to a U.S. citizen).
  • Marital status documents: marriage certificate, divorce decrees, or death certificates of prior spouses if applicable.
  • Tax records: last 5 years of tax returns (or 3 if filing under the marriage to a U.S. citizen provision).
  • Criminal history records: arrest records, court dispositions, and certified records for any interaction with law enforcement, even if dismissed or expunged.
  • Selective Service registration: proof of registration if you are a male who lived in the U.S. between ages 18 and 26 as a green card holder.

Additional documents may be required based on your specific situation. We review your full file before filing to make sure nothing is missing.

How Much Does the Citizenship Application Cost?

As of 2026, the current USCIS fees for Form N-400 are as follows. Fee waivers and reduced fees are available for eligible applicants:

  • N-400 filing fee: $760 (includes biometrics, updated 2026 per USCIS fee schedule effective April 2024).
  • Fee waiver (Form I-912): available at no cost if you receive means-tested public benefits or meet income guidelines (below 150% of the Federal Poverty Guidelines).
  • Reduced fee (Form I-942): partial discount for households at 150-200% of the Federal Poverty Guidelines, reducing the filing fee to $380.
  • Payment methods accepted: check, money order, or credit/debit card (Form G-1450) for paper filings; credit/debit card for online filings.

If you are 75 or older, the biometrics requirement is waived and the total fee may differ. We help clients determine whether they qualify for a waiver before filing.

What Happens at the Naturalization Interview?

After USCIS processes your N-400, they schedule you for an in-person interview at a local field office. The officer reviews your application, verifies your documents, administers the English reading and writing tests, and conducts the civics test (10 questions from the 100 official questions, or 20 from 128 if you filed under the 2020 version).

What to bring to your naturalization interview:

  • Interview appointment notice (Form N-400): the letter USCIS mailed you with the interview date and location.
  • Government-issued photo ID: driver’s license, state ID, or foreign passport with valid visa.
  • Permanent Resident Card (Green Card): original, not a copy.
  • Original civil documents: birth certificate, marriage certificate, divorce decrees, court dispositions for any arrest (even if dismissed).
  • Tax transcripts: IRS-issued transcripts for the last 5 years (or 3 years if applying under marriage provision).

If your interview is rescheduled or you receive a Request for Evidence (RFE), respond within the deadline stated in the notice. Missing a deadline can result in denial.

How Long Does the Citizenship Application Take?

Processing times for Form N-400 vary by USCIS field office and individual case complexity. As of 2026, national averages range from 8 to 14 months from submission to the oath ceremony, though some offices process faster and others slower.

Factors that can extend processing time include a complex travel history, any criminal record, a Request for Evidence (RFE), or a backlogged field office. To track where your case stands, you can check your USCIS case status using your receipt number at any time.

Updated processing times by field office are published by USCIS at egov.uscis.gov/processing-times. We recommend checking that page directly for the most current estimate for your local office.

Common Mistakes That Delay Your Citizenship Application

These are the errors we see most often in N-400 applications. Any of them can trigger an RFE or outright denial:

  • Incomplete travel history: every trip outside the U.S. must be listed, including short weekend trips. Missing even one can create inconsistencies USCIS will flag.
  • Failing to update your address (Form AR-11): you have 10 days to notify USCIS of any address change. A missed notice can cost you your interview date.
  • Inconsistencies with prior forms: the N-400 must match your I-485 or other USCIS records exactly. Discrepancies in dates, names, or addresses cause delays.
  • Not disclosing arrests: under current law, even dismissed charges, expunged records, and arrests that did not lead to conviction must be disclosed on the N-400.
  • Traveling during the process: for guidance on safe travel windows, see can I travel while my application is pending before booking any trip.

Citizenship Preparation Classes and Resources

Free and low-cost citizenship classes are available across the U.S. through libraries, nonprofits, and community organizations. The USCIS Citizenship Resource Center (uscis.gov/citizenship/resources) lists class locations by zip code. USAHello also offers free online civics study tools in multiple languages, helpful for Spanish-speaking applicants preparing in English.

Classes cover the 100 civics questions, English reading and writing, and basic application review. Attending one before your interview is a practical way to reduce anxiety and avoid surprises.

If you have learning disabilities or physical limitations, you may qualify for a disability exception or accommodation. Submit Form N-648 (Medical Certification for Disability Exceptions) with your N-400 if applicable.

Ready to move forward? Our team has helped hundreds of Houston-area immigrants complete their citizenship application successfully. Contact us to review your eligibility and get your N-400 right the first time.

Frequently Asked Questions about the Citizenship Application

Can I file the citizenship application online?

Yes. USCIS accepts Form N-400 through its online filing system via your USCIS Online Account. Online filing allows you to upload documents, pay the fee, and track your case status without mailing anything. Paper filing remains an option for those who prefer it.

What if I make a mistake on my citizenship application?

If you catch the error before submission, correct it before filing. If USCIS has already received your N-400, do not resubmit. Instead, bring any corrected documentation to your interview and explain the discrepancy to the officer. Intentional misrepresentation is a serious issue; honest mistakes, disclosed clearly, generally are not.

Can I withdraw my citizenship application after filing?

Yes. You may withdraw your N-400 at any time before USCIS makes a decision. Send a written request to the field office handling your case. Withdrawing the application does not affect your green card status. USCIS does not refund the filing fee after acceptance.

How do I check my citizenship application status?

Use your receipt notice number at egov.uscis.gov/casestatus or log into your USCIS Online Account to view real-time updates. You can also sign up for case status email alerts through your account. Allow at least a few business days after submission before the status appears in the system.

Do I need a lawyer to file the citizenship application?

USCIS does not require an attorney. However, working with an immigration lawyer helps you identify eligibility issues, avoid common errors, and prepare thoroughly for the interview. For cases involving prior arrests, complex travel history, or prior immigration violations, legal guidance is especially valuable.

What happens if I fail the civics test at my interview?

If you do not pass the civics or English test at your first interview, USCIS schedules a second interview within 60 to 90 days. You are retested only on the portions you did not pass. Failing the second time results in denial of the N-400, though you may reapply.