What the Supreme Court Actually Decided

The 6-3 Vote and What It Means

Chief Justice John Roberts wrote the majority opinion, joined by Justices Sotomayor, Kagan, Barrett, and Ketanji Brown Jackson. Their ruling is grounded in the 14th Amendment itself: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.” The Court held this language means exactly what it says and has meant the same thing for more than 160 years.

In Roberts’ words: “Citizenship, then and now, was the right to have rights , to freely participate in our political community. The Framers of the Fourteenth Amendment extended that promise to ‘every free-born person in this land.’ We keep that promise today.”

Justice Kavanaugh’s Separate Concurrence

Justice Brett Kavanaugh agreed the executive order must be struck down, but wrote separately. He said he would not reach the constitutional question , instead, he found the order violates federal statutory law, specifically the Immigration and Nationality Act (INA), which Congress passed in 1952 to codify birthright citizenship. This matters because it signals a possible path for future legislative action: if Congress were to amend the INA, the constitutional question could return. That has not happened, and any such change would face its own legal challenges. But it is something immigration attorneys are watching closely.

Who Dissented

Justices Thomas, Alito, and Gorsuch dissented. They argued the 14th Amendment was intended only to guarantee citizenship to freed slaves, not to apply broadly to children of undocumented or temporarily present parents. Their view did not prevail today,  but the 3-vote dissent means this debate is not fully closed within the Court.

Who Was Actually Affected by Trump’s Executive Order

Children of Undocumented Parents

Trump’s order would have denied citizenship to children born in the U.S. to parents who entered the country without authorization. Under the order, these children would have been born stateless , without citizenship in the U.S. or, in many cases, in their parents’ home countries. That outcome is now blocked. If your child was born here, they are a U.S. citizen, regardless of your immigration status. Our family-based immigration attorneys in Houston can help you understand how that connects to your own case.

Children of Parents on Temporary Visas

The order also targeted children born to parents on temporary work or visitor visas; H-1B, H-4, TN, F-1, and similar statuses. Under the executive order, these children would not have been granted citizenship. The Supreme Court’s ruling means that children born in the United States to parents on temporary visas remain U.S. citizens. This was an issue affecting many of the professional and working families we serve at Zavala Immigration Law Firm.

The 250,000 Annual Births at Stake

According to the Migration Policy Institute and Penn State’s Population Research Institute, approximately 250,000 babies are born in the United States each year who would have been denied citizenship under the executive order. Today’s ruling protects every one of those children going forward.

The History Behind Today’s Decision

The Wong Kim Ark Case | 1898

This is not a new question. The Supreme Court addressed birthright citizenship more than a century ago in United States v. Wong Kim Ark (1898). Wong Kim Ark was born in San Francisco to Chinese immigrant parents. When he returned from a visit to China in 1895, he was denied re-entry on the grounds that he was not a citizen. The Supreme Court ruled 6-2 that he was, in fact, a U.S. citizen by birth. That ruling has governed American law for 128 years. Today’s decision reaffirms it.

Congress Codified It Twice

Congress reinforced the constitutional understanding of birthright citizenship in federal statute, first through the Nationality Act of 1940, and again through the Immigration and Nationality Act of 1952. This is the statutory law Justice Kavanaugh cited in his concurrence. The legal foundation for birthright citizenship is not just constitutional, it is also written into the law Congress passed.

Even in Periods of Hostility Toward Immigrants

Roberts’ opinion noted something important: even during periods of extreme hostility toward immigration in U.S. history, including during World War II when Japanese Americans were held in internment camps, the children of those individuals born on U.S. soil were automatically granted citizenship. The principle has held across every political moment this country has faced.

What This Means If You Are Pregnant or Planning a Family

No Disruption to Existing Citizen Children

If your child was already born in the United States and has a U.S. birth certificate, today’s ruling changes nothing for them. Their citizenship was never in question under existing law, and it remains fully protected.

Children Born From This Day Forward

The executive order, had it taken effect, would have applied only prospectively, meaning to children born after its effective date. Since the order never took effect and has now been permanently struck down, no child born in the United States going forward will be affected by it. Birthright citizenship continues exactly as it has for more than a century.

If You Had Questions During the Uncertainty

Over the past 18 months, many families came to our office with real fear about what this executive order might mean for their newborns. That uncertainty was exhausting and unfair. If you still have questions about your child’s citizenship documentation, how to obtain a U.S. passport for your child, or how your family’s immigration case interacts with your child’s citizenship, we are here. A consultation with our team can give you clarity specific to your situation.

What Happens Next?

The Kavanaugh Signal: Could Congress Act?

Justice Kavanaugh’s decision to rule only on statutory grounds and not reach the constitutional question,  was deliberate. It leaves open the theoretical possibility that a future Congress could attempt to amend the Immigration and Nationality Act to restrict birthright citizenship. Such an effort would face enormous legal and political hurdles. It would almost certainly be challenged as unconstitutional under the 14th Amendment, and any such challenge would return to the courts. We will monitor this closely.

The Three Dissenting Justices

Thomas, Alito, and Gorsuch represent a persistent minority view that the 14th Amendment was never intended to apply broadly to children of non-citizen parents. Their presence means future challenges through different legal vehicles or through new legislation, remain a possibility. The fight over birthright citizenship did not end today. It simply did not succeed today.

What This Means for Future Policy

Conservative lawmakers who have long sought to end birthright citizenship through legislation will likely treat today’s ruling as motivation to pursue a statutory approach. That process, if it begins, will take years and will face the same 14th Amendment barrier the executive order faced. For now, the law is clear and settled.

Practical rule: If your child was born in the United States, they are a U.S. citizen. That did not change today, today’s ruling confirmed it.

How This Affects TN Visa Holders and Work Visa Families in Texas

The TN Visa Concern Many Did Not Know They Had

Many of the Mexican and Canadian professionals we serve in Houston on our TN visas had children born in the United States during the past year and a half of legal uncertainty. Some were told by employers or HR departments that their children’s citizenship might be at risk. It was not. And today’s ruling eliminates any remaining ambiguity. Your child born in the United States is a U.S. citizen,  even if you are in this country on a temporary work authorization.

H-1B, H-4, and F-1 Families

The same applies to families on H-1B, H-4, F-1, and other temporary nonimmigrant visas. The executive order treated these families the same as undocumented immigrants for purposes of birthright citizenship. The Supreme Court rejected that framing entirely.

Your Questions Answered

A Note From Our Firm

I have been an immigration attorney in Houston for over a decade. I am an immigrant myself. And I know what the past 18 months of uncertainty about birthright citizenship felt like for families who had done nothing wrong except build their lives here. The fear was real. The confusion was real. And today, the highest court in the country told those families clearly and by a strong majority, that the Constitution protected their children all along.

That is not a political statement. It is what the law says. It is what it has said for 160 years. And now it is confirmed again.

If you have questions about your family at Zavala Immigration Law Firm Houston‘s situation, your child’s documentation, your own immigration status, or how today’s ruling interacts with any pending case, reach out to us. We are here for the Houston immigrant community, as we always have been.

Practical rule: A Supreme Court ruling this clear and this decisive, with this long a historical foundation, does not get easily reversed. Your family can move forward with confidence today.

Your Child’s Future Starts Here.  Zavala Immigration Is Ready to Help

Today’s decision protects your family. But navigating the full picture of your immigration case, your status, your child’s documentation, your path forward,  requires legal guidance specific to your situation. Zavala Immigration has served Houston’s immigrant families for over 10 years. Call us at (713) 974-8284 or visit our contact page to schedule a consultation. We handle family immigration, TN visas, deportation defense, DACA renewals, and more, in English and Spanish.

About Eliud Zavala

Eliud Zavala is the founder of Zavala Immigration Law Firm in Houston, Texas. He immigrated with his mother and built his practice around the Houston immigrant community he grew up in. He handles family-based immigration, marriage green cards, provisional waivers, deportation defense, military parole in place, DACA renewals, and naturalization throughout Texas. He serves clients in English and Spanish at both the Greenspoint Park Drive and East Freeway Houston locations.

The post The Supreme Court Just Upheld Birthright Citizenship — Here Is What That Means for Your Family in Texas appeared first on Houston Immigration Lawyer | Abogado Zavala | Texas Immigration.

What Is a TN Visa and Who Qualifies?

The TN visa is a nonimmigrant work visa created under the United States-Mexico-Canada Agreement (USMCA) — the trade deal that replaced NAFTA. It allows citizens of Canada and Mexico to work temporarily in the U.S. It is occupation-specific and employer-sponsored. Three things must all be true at once:

• You hold Canadian or Mexican citizenship, not just permanent residency
• Your job falls within an approved USMCA profession
• You have a legitimate, pre-arranged offer from a U.S. employer

That last point matters more than it used to. Following USCIS guidance issued in June 2025, your sponsoring employer must be a U.S. entity. A foreign parent company with U.S. operations may not qualify. It depends on how the corporate structure is set up. I have seen this catch professionals at multinational energy companies and consulting firms in Houston off guard.

Practical rule: Citizenship is what matters — not residency. A Canadian permanent resident who is not a Canadian citizen does not qualify for TN visa status. You need a different visa category entirely.

Which Professions Qualify for a TN Visa?

The official USMCA professions list covers more than 60 occupations. Houston’s economy runs on energy, healthcare, finance, and engineering and all four have strong TN visa representation. Here are the most common qualifying fields:

One thing I want to be direct about: the profession list is not self-explanatory. Your title needs to match. Your actual job duties must also align with how USCIS defines that profession. A mechanical engineer cannot be approved for an electrical engineering role. A computer systems analyst spending most of their time in software development or general IT support may no longer qualify. If you are not sure whether your role fits, that is exactly the kind of question to bring to an attorney before you file anything.

Practical rule: Not every profession makes the list, and the definitions have gotten stricter since mid-2025. Always verify your occupation against the official list — and verify your job duties against how USCIS currently interprets that occupation. They are not always the same thing.

Step 1: Get Your Paperwork Right Before You Do Anything Else

I tell every client the same thing: the TN visa process is straightforward, but it is unforgiving. Missing or incomplete documentation is the most common reason applications fail. Not ineligibility. Here is what you will typically need to gather:

• A detailed support letter from your U.S. employer,  job title, duties, required qualifications, salary, length of stay, and explicit confirmation the employer is a U.S. entity
• Proof of Canadian or Mexican citizenship (valid passport)
• Official educational credentials like degrees, transcripts, and a credential evaluation if your degree was earned outside the U.S. or Canada
• State license or certification if your profession requires one (pharmacists, nurses, certain engineers)
• For Mexican citizens: a completed Form DS-160 and the visa application fee for the consulate stage

Credential evaluations matter more than they used to. If your degree was earned outside the U.S. or Canada, a recognized evaluation through an agency like World Education Services (WES) is now expected and not optional. Review the full USCIS TN visa guidelines before filing anything.

Step 2: Understand the Difference Between Canadians and Mexicans

This is where the two paths split. Understanding the difference early prevents costly delays, especially for Mexican professionals with a start date on the calendar.

If you are a Mexican professional in Houston with an upcoming start date, I want to be direct. Four to six months is a realistic total timeline. That includes the I-129 petition, USCIS review, consulate scheduling, and the interview. Premium processing gets the USCIS portion down to 15 business days, but what happens in the consulate queue after that is outside anyone’s control. Do not give your employer a firm start date until you have talked through the timeline with an attorney.

Practical rule: Canadian citizens can walk up to a port of entry and apply the same day. Mexican citizens cannot. The two processes are completely different so make sure you know which one applies to you before you start preparing documents.

Step 3: Know What Changed From June 2025 Through 2026

The TN visa has seen more policy movement in the past 12 months than in the prior decade. Here is what actually changed and what it means for professionals in Houston right now.

Your Employer Must Be a U.S. Entity

USCIS clarified in June 2025 that the sponsoring employer must be a U.S. entity. Foreign-owned companies operating in the U.S. may not qualify. It depends on how the entity is structured. I have worked with clients at major energy and consulting firms in Houston where this was the issue. The U.S. subsidiary had to be clearly established as the employer of record and not the foreign parent. If your employer has a multilayered ownership structure, this needs to be addressed in the petition before you file.

Self-Employment Is Not an Option

If you work as an independent contractor, freelancer, or through your own company, TN status is not available to you. The relationship must be a genuine employer-employee arrangement with a U.S. company. The June 2025 guidance made this explicit in a way prior policy did not. This affects a significant number of energy sector consultants and healthcare contractors in the Houston area.

Credential Alignment Is Tighter Than Before

Your education must directly align with the specific TN occupation and not just the general field. The flexibility that once allowed experience to substitute for a degree in certain situations has been significantly reduced. For employer-sponsored immigration cases, reviewing credential alignment is one of the first things I do before advising whether to proceed.

The May 2026 Adjustment of Status Change

This is the most significant development for TN visa holders in 2026 and it is recent enough that many professionals have not heard about it yet. On May 21, 2026, USCIS issued a policy memorandum that heavily restricts who can adjust status to permanent residence from inside the U.S. This is the most significant change affecting TN holders right now. The memo states that nonimmigrants, including TN visa holders are expected to seek green cards through consular processing abroad. I-485 adjustment of status inside the U.S. is now reserved for extraordinary circumstances.

USCIS officers are now directed to treat adjustment of status as a discretionary act. Factors that weigh against approval include prior violations of status, failure to depart when expected, and any conduct suggesting you always intended to remain permanently. If you are on a TN visa in Houston and thinking about a green card, talk to an attorney before you take any steps. The path that worked for someone you know six months ago may not work the same way today.

Step 4: File Your Application the Right Way

For Canadian citizens, you present at any Class A land border crossing or U.S. airport. CBP preclearance facilities inside Canada are also valid. Pre-flight inspection stations outside of Canada,  such as those in Ireland or the Caribbean, are no longer accepted as of June 2025. Bring everything organized. A clean, complete file makes a real difference in how the CBP officer handles the review.

For Mexican citizens, you submit Form I-129 (Petition for Nonimmigrant Worker) to USCIS with your full documentation package. Standard processing is currently running approximately 3–5 months. Premium processing reduces the USCIS review window to 15 business days. Once USCIS approves, you schedule the consulate interview in Mexico. Do not book travel or commit to a start date before you have the visa stamp in hand.

Step 5: Monitor Your Status After You Arrive

Getting approved is not the finish line. Your TN visa is tied to your specific employer, job title, and job duties. If any of those change materially, you may need a new petition before the change takes effect and not after. Check your I-94 record after every U.S. entry to confirm the authorized period was recorded correctly. Errors happen more often than people expect, and they are far easier to fix early than after you have already traveled again.

If you have a spouse or children under 21, they can accompany you in TD (Trade Dependent) status. TD holders cannot work in the U.S. but can study full-time without a separate student visa. Your family members do not need to be Canadian or Mexican citizens themselves to qualify. If your TN visa ends for any reason, their TD status ends too.

Practical rule: Your I-94 is your legal proof of authorized stay. If it lists the wrong expiration date or the wrong status, that error can create serious problems the next time you travel or file. Check it after every entry and it takes two minutes at i94.cbp.dhs.gov.

Step 6: Renew Before You Think You Have To

TN status comes in three-year increments and can be renewed indefinitely and there is no cap like the six-year limit that applies to the H-1B. But renewals are not automatic, and in 2026, USCIS is reviewing them more carefully for professions in the stricter categories: engineers, computer systems analysts, economists, and scientific technicians. If your job duties have shifted since your last approval, address that proactively in the renewal petition. Do not assume you will get the benefit of the doubt.

Canadian citizens can re-apply at a port of entry or file Form I-129 from inside the U.S. to extend without leaving the country. Mexican citizens need a new I-129 and a return consulate visit. Either way, start the renewal process at least four months before your current status expires. At our East Freeway office and our Greenspoint Park office, we handle renewals regularly and the earlier you start, the more options you have.

Can a TN Visa Lead to a Green Card in Texas?

Yes, but this requires a real conversation, not a quick answer. I take it seriously with every client who brings it up. The TN visa was designed as a temporary visa. Expressing clear immigrant intent while you are in TN status can create problems at your next entry or renewal. At the same time, I have helped many professionals in Houston successfully transition to permanent residency through employer-sponsored green cards under EB-2 or EB-3, national interest waivers, and family-based petitions.

What changed in May 2026 is the adjustment of status process for getting that green card from inside the U.S. The new USCIS memo has made that path harder and  treating it as discretionary rather than a right. For most TN visa holders in Houston, this means the strategy and timing of how you pursue permanent residency matters more than it ever has before. If a green card is part of your long-term plan, raise it early — ideally before your first TN is even filed, so we can structure things correctly from the start.

Practical rule: A TN visa and immigrant intent are not automatically incompatible but you need a clear plan and an attorney who understands how to manage both at once. The worst time to work this out is after you have already filed something that creates a problem.

Frequently Asked Questions

Ready to Work Legally in Houston? Let’s Talk.

If you are a Canadian or Mexican professional trying to figure out whether you qualify for a TN visa in Houston or whether your current status is still solid, I am here to help. Call our East Freeway office at (713) 766-6720 or our Greenspoint Park office at (713) 588-2132. You can also reach us through our contact page. Lets have a real conversation about where you stand and what your options are.

About Eliud Zavala

Eliud Zavala is a Board Certified immigration attorney through the Texas Board of Legal Specialization and the founder of Zavala Law Firm, PLLC. He is a former associate at Foster LLP, the nation’s leading minority-owned immigration firm  and a six-time Super Lawyers Rising Stars honoree. Licensed in both Texas and New York, Eliud built his practice around employment-based immigration, family petitions, and deportation defense because he understands firsthand what is at stake when someone’s ability to live and work in this country is on the line. His offices serve clients throughout Houston, greater Texas, and New York, including Canadian and Mexican professionals seeking a TN visa in Houston and across Texas.

The post How to Get a TN Visa in Houston: 6 Steps to Follow appeared first on Houston Immigration Lawyer | Abogado Zavala | Texas Immigration.

Step One: Choose the Right Work Visa Category

Not all work visas are the same. The most common one is the H-1B. It is for jobs that need a college degree or higher. Examples include engineers, software developers, and teachers. For seasonal work, there’s the H-2B. For agricultural work, the H-2A fits. L-1 visas help move employees from an overseas office to a U.S. branch. O-1 visas are for people with special skills or achievements. Every type has its own rules and timelines. Choosing the right one is the first step. A wrong choice can lead to rejection and delays.

Step Two: File a Labor Condition Application or Certification

The U.S. government wants to protect jobs for American workers. That’s why some work visas need a labor condition application or a labor certification. For an H-1B visa, the business must file a Labor Condition Application with the Department of Labor. This shows the wage being paid meets the average for the area. For green card sponsorship, the business often needs a PERM labor certification. This proves there are no qualified U.S. workers for the job. It also shows that hiring a foreign worker won’t hurt local wages or conditions. Getting this part right is key to moving forward.

Step Three: Submit the Petition to USCIS

Once the labor step is done, the next move is filing Form I-129 with U.S. Citizenship and Immigration Services. This is the petition for a nonimmigrant worker. It must include the job offer, proof the company can pay the wage, and all supporting documents. Timing matters. H-1B visas have a cap. That means there is a lottery if too many applications come in. Other visa types have yearly limits too. Once the petition is approved, the worker can apply for the visa at a U.S. consulate.

Step Four: The Employee Applies for the Visa and Arrives

With an approved petition, the worker applies for the visa at a U.S. embassy or consulate. They go through an interview and background check. If approved, they can travel to the U.S. and start work. This is a big moment. But it’s not the end. The company must follow all compliance rules. That includes keeping public access files, reporting major job changes, and renewing the visa on time. Some companies treat this like paperwork. But the government treats it seriously. Mistakes can lead to fines and bans.

Why Sponsorship Requires Patience and Accuracy

Think of this process like a well-run assembly line. Each part must fit exactly. If one part slips, the whole process stops. There’s also a timeline to follow. Missing deadlines can force a restart. Businesses that stay organized do better. Workers who understand their rights and status feel safer and more focused. And the government needs to see that everything is done by the book. This is not just about getting talent in. It’s about keeping the door open for the future.

Hiring foreign workers brings new skills and fresh energy. But sponsorship is a process with rules, paperwork, and deadlines. No business should face it without support. If you need help to sponsor employees for a U.S. work visa, call (713) 766-6720 or visit Zavala Immigration Lawyer. Build that bridge the right way. Make the process smoother for your team and your future.

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Hearing the Charges in Immigration Court

At the first hearing, called the master calendar hearing, the judge reads the charges. The person can admit or deny them. If they deny the charges, the government must prove them. If they admit, the case moves faster. After that, the judge asks what kind of relief the person wants. Relief means the legal reason they might be allowed to stay. It can be asylum, cancellation of removal, adjustment of status, or something else. The person and their lawyer must prepare strong evidence. They also have to submit documents before deadlines. Missing even one deadline can end the case.

The Individual Hearing and Evidence

The most important part of the case is the individual hearing. This is where everything comes to light. The person tells their story. Witnesses may come forward. Documents get reviewed. The judge listens. The government’s lawyer argues for removal. The defense lawyer argues to stay. It’s like a spotlight is on every word, every paper, every truth. Some people have lived in the U.S. for decades. Others have children who are U.S. citizens. Some fear going back to a country that no longer feels like home. In these moments, the courtroom becomes a place of emotion and facts. The judge weighs both. Sometimes it feels like standing before a wall, trying to push it down with only your hands.

Possible Outcomes and Appeals

At the end of the hearing, the judge decides. They can approve the request for relief or order deportation. If the judge says no, the person may still appeal. They have 30 days to file with the Board of Immigration Appeals. This step is like asking a higher court to look again. The appeal does not come with another hearing. It is done by reviewing the record. The person may be able to stay while waiting for the appeal to finish. Some cases go even further, reaching the federal court. But each step takes time and patience.

Final Thoughts on Facing Deportation

A deportation defense case is not just legal paperwork. It’s a fight for a life already built. It’s about memories, relationships, and a sense of belonging. Like those who stood in front of Ellis Island with hope in their eyes, many just want a chance to stay. These cases test courage and clarity. Having the right defense can make all the difference. Judges look at the law, but they also look at the person. That’s why telling the truth, staying organized, and getting strong legal help is so important.

Deportation defense is never easy. But no one should face it alone. Every case has a story worth telling and a chance worth fighting for. Call (713) 766-6720 or visit Zavala Immigration Lawyer to get the help needed to navigate a deportation defense case. The right guidance can lead to the right outcome. Let’s fight for what matters.

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What Is a Provisional Unlawful Presence Waiver (I-601A)?

The I-601A waiver helps people who are in the United States without legal status but have a qualifying relative and want to apply for a green card. Normally, when a person enters the U.S. without inspection and stays for over six months, they trigger a 3 or 10-year ban once they leave. This waiver gives them a way to ask for forgiveness before they leave for their green card interview abroad. It reduces the time apart from family and lowers the risk of being stuck outside the country.

The waiver only applies to unlawful presence. It does not cover other problems like criminal issues or fraud. The purpose is to help those who are otherwise eligible for a green card but face the 3 or 10-year bar just because of how they entered the country.

Who Can Qualify for the I-601A Waiver?

To qualify, a person must be in the U.S. and have an approved immigrant visa petition. This usually means having a U.S. citizen or lawful permanent resident spouse or parent who filed a petition for them. Children cannot qualify as the only sponsor for this waiver. The applicant must show that their U.S. citizen or lawful permanent resident spouse or parent would suffer extreme hardship if the waiver is not granted.

Extreme hardship is more than just missing someone. It includes financial, medical, emotional, and personal suffering that the qualifying relative would face. For example, if a U.S. citizen spouse has a medical condition and depends on the undocumented spouse for care and income, that may count. If the relative cannot survive safely or afford to live in the other country, that may also count.

The person applying must be physically present in the United States. They must not have any serious criminal record. They must not have been scheduled for an interview already at a consulate outside the U.S. They must be at least 17 years old. The government also looks at other immigration history and discretionary factors before deciding.

Why the I-601A Waiver Matters

Imagine walking a tightrope without a safety net. That is what it feels like for many undocumented immigrants. The I-601A waiver is the safety net. It gives people a chance to fix their papers without risking everything. Before this waiver existed, people had to leave the country and wait abroad, sometimes for years, with no promise of return. Many never came back. Families broke apart. Children grew up without parents.

This waiver changes that story. If approved, the person only needs to leave the country for a short time to attend the interview. They already know they have a good chance of returning legally. The process still takes time. It still requires evidence. It still carries risk. But it offers hope. It allows families to plan. It gives people a path forward.

Need help applying for an I-601A waiver? Speak with a Houston immigration lawyer who can guide you every step of the way. Call (713) 766-6720 to get started.

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What Is Military Parole in Place (PIP)?

Military Parole in Place is an immigration benefit. It helps certain undocumented family members of U.S. military service members, veterans, or those in the Selected Reserve. The benefit allows them to stay in the country legally. It gives them temporary protection from deportation. It can also open the door for a green card in some cases. This program exists because the government understands that a soldier cannot fully focus on duty while fearing for their family’s future.

PIP is granted on a case-by-case basis. It does not require the person to leave the country. That’s important. Leaving the country after entering without inspection usually triggers a 3 or 10-year bar from reentry. But PIP gives a person the ability to stay and fix their status from inside the United States.

Who Can Apply for Military PIP?

This benefit is available to spouses, widows or widowers, parents, and children of members of the U.S. Armed Forces, Selected Reserve, or veterans who were not dishonorably discharged. The key is proving the relationship and showing that the service member’s duty is affected by worry or hardship caused by the undocumented status of their loved one. The person applying must also show good moral character. Criminal records or fraud may hurt the case.

To apply, the undocumented family member submits Form I-131 to U.S. Citizenship and Immigration Services. They also include documents that show their relationship to the service member, evidence of the military member’s status, proof of identity, and letters that explain the hardship. There is no fee for this application.

What Happens After PIP Is Granted?

If USCIS approves the application, the person gets a period of stay for one year. That can be renewed. More importantly, it means they now have what’s called “lawful entry” for immigration purposes. That may allow them to apply for a green card through a process called adjustment of status. That depends on whether they qualify in other ways, such as having a U.S. citizen spouse or child who can petition for them.

Think of it like this. Imagine a bridge that collapsed years ago. Undocumented family members have been stuck on one side, with no way across. PIP does not rebuild the whole bridge. But it places a temporary crossing that makes it possible to move forward. It gives hope. It brings families together.

The program does not guarantee permanent residency. It does not protect against deportation in every situation. But it provides a real chance. A chance to stay together. A chance to live without fear. A chance to plan for the future.

For families who have lived in the shadows for years, this program is a light in the dark. Military service is one of the greatest sacrifices a person can make. The least the country can do is protect their family in return.Need help applying for Military Parole in Place?

Speak with a Houston immigration lawyer who understands or call (713) 766-6720 to get started.

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What Does the 14th Amendment Actually Say?

The Fourteenth Amendment, ratified in 1868, contains the Citizenship Clause: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” For over a century, this clause has been interpreted to mean that any child born on U.S. soil is automatically a U.S. citizen. This is the foundation of birthright citizenship in the United States. The only historical exceptions have been children born to foreign diplomats immune from U.S. jurisdiction. For the vast majority of Texas families — documented or undocumented — the 14th Amendment has always applied.

Practical rule: If your child was born in the United States, they are a U.S. citizen under the 14th Amendment. That has not changed — but challenges to this right are actively moving through federal courts right now.

Trump’s Executive Order on Birthright Citizenship

On January 20, 2025, President Trump signed Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship.” The order attempts to limit birthright citizenship for children born to parents who are both undocumented or both on temporary visas. The order was set to apply to babies born 30 days after signing. It does not apply retroactively. The order was challenged in federal court within hours of being signed and has not taken effect due to ongoing injunctions.

What the Courts Have Decided — Timeline

Practical rule: The birthright citizenship executive order is currently blocked by federal courts. Children born in the U.S. today are still recognized as U.S. citizens — but the Supreme Court’s final ruling could change the landscape.

What This Means for Texas Families Right Now

Texas has one of the largest immigrant populations in the country. Even while the order remains blocked, the uncertainty it created has caused real fear for thousands of Houston families. Here is what you need to know:

Children Born Before the Order Takes Effect

Your child’s birthright citizenship is not affected. The order is not retroactive. If your child was born in the U.S., they are a U.S. citizen and their status is secure.

Documentation Is Critical

Regardless of the legal outcome, every U.S.-born child should have a certified U.S. birth certificate. You can request a certified copy from the Texas Department of State Health Services. A birth certificate is the primary evidence of birthright citizenship and the document that protects your child’s rights in every future government interaction.

Apply for a U.S. Passport Now

A U.S. passport is the strongest proof of citizenship. Applying now — while birthright citizenship is still unambiguously protected — creates an official federal record. The U.S. Department of State passport process for minors requires the child’s birth certificate and parental consent.

Practical rule: Do not wait for the Supreme Court ruling. Secure your child’s birth certificate and passport now. Consult an attorney if there is any gap in their documentation.

Common Questions About Birthright Citizenship in Texas

Protect Your Family’s Future with Zavala Law Firm

The legal battle over birthright citizenship is not over. The most important thing you can do right now is get legal guidance before the situation becomes urgent. Zavala Law Firm, PLLC has helped hundreds of Houston-area families navigate exactly these situations. Call (713) 766-6720 today or visit the contact page to schedule a consultation with attorney Eliud Zavala.

About Zavala Law Firm, PLLC: Zavala Law Firm is a Houston-based immigration law firm founded by attorney Eliud Zavala. The firm serves the greater Houston area with family petitions, work visas, deportation defense, and citizenship matters in English and Spanish.

The post What Is Birthright Citizenship and How Can I Protect It? appeared first on Houston Immigration Lawyer | Abogado Zavala | Texas Immigration.

1. You Submitted an Application With Errors 

The process of filling out a visa application is long and arduous, and it’s not uncommon for hopeful immigrants to make a mistake or two on their paperwork. However, these mistakes can be costly; any error puts your application at the risk of being denied, even if the mistake is small or doesn’t affect the validity of your information at all. Ideally, you can have someone look over your visa application for mistakes so they can be corrected prior to submitting it to the authorities. 

2. You Did Not Include the Appropriate Documents 

There’s a significant amount of supporting documentation that you must present along with your visa application. This includes but may not be limited to bank statements or other proof of your financial standing, college or university transcripts, and a valid passport that does not expire for six months or more after your stay. 

3. The Job You Want Doesn’t Require Anyone With Special Skills 

To be eligible for a U.S. work visa, the job you are applying for must require someone with unique or specialized skills. If it’s determined that the position can likely be filled fairly easily by someone inside the United States or that no specific skills are necessary for the job, your application may be rejected. Your employer needs to be able to clearly illustrate that the position you are applying for requires someone with your skill set. 

4. You Did Not Do Well During the Interview 

The last step of the U.S. work visa application process is completing an in-person interview. Like a job interview, this step allows U.S. immigration officials to get a feel for your demanor, attitude, and ability to communicate with others in the English language. During the interview, you should be able to have a translator present, however, being able to complete the interview in English can go a long way towards the approval of your application. 

Do You Need an Immigration Lawyer? 

Are you applying to immigrate to the United States either for work or another purpose? Don’t leave your application up to chance. Eliud Zavala can help make the process of applying for and receiving legal entry into the U.S. as easy as possible. Call now at 713-766-6720. 

The post What Could Cause My Work Visa to Be Denied? appeared first on Houston Immigration Lawyer | Abogado Zavala | Texas Immigration.

Keep Your Immigration Papers With You 

If you are over 18, you should keep your immigration papers on your person to provide to police or immigration (ICE) agents. If you are the parent of a minor child, you should keep their papers on your person. If you have your papers and police ask to see them, you must show them to the officer. If you don’t have your papers with you, you should not answer any questions.

Remain Calm and Do Not Resist 

It’s extremely important that you remain calm and do not resist if you are being questioned or arrested by law enforcement officers. Police officers may attempt to escalate the situation, and if you argue or fight, you could be charged with resisting arrest even if the original reason you were arrested or detained falls through. 

Remain Silent and Do Not Answer Police Questions 

Immigrants also have the right to remain silent and do not have to answer any questions asked by police beyond providing their identifying information. You should not speak to police officers beyond what is required by law to protect yourself and your family’s safety. Instead, politely decline to answer their questions or simply say, “no comment.” 

Do Not Consent to a Search 

The police do not have the right to search your person or your property without a warrant, probable cause, or your permission. You should never offer your permission and should ask to see the warrant if they have one. 

The police may have probable cause if there is enough readily available evidence that suggests a crime may have occurred. If the police do not have a warrant, you should be very clear that you don’t consent to a search. However, do not argue or fight if your person or home is searched against your will. Continue to maintain your silence after letting officers know that you do not consent to the search.   

Contact an Immigration Lawyer 

If you’re an immigrant who has been arrested or questioned by the police, it’s important that you know and protects your rights. Contact experienced Texas Immigration Lawyer Eliud Zavala for a consultation to discuss your case in detail at 713-766-6720.

The post What Should I Do If Police Stop Me and Ask My Immigration Status? appeared first on Houston Immigration Lawyer | Abogado Zavala | Texas Immigration.

A U.S. green card, also called a Permanent Resident Card, is a legal document that grants immigrants the right to live and work in the U.S. As long as the resident does not commit any crimes that have a penalty of deportation. Here’s what you should know about getting a green card in America. 

Paths to Getting a Green Card 

There are multiple ways to qualify for a green card in the United States. Depending on your circumstances, you may be able to apply for a green card through: 

• Employment. Certain immigrant workers, immigrant investors, and physicians may be eligible for green cards through their employment. 
• Family. Immigrants may apply for permanent resident status if they are an immediate family member of a U.S. citizen, such as a spouse, child, or parent. 
• Asylum. Refugees and asylees granted asylum at least one year ago may be eligible for a green card. 
• Registry. If you have continuously resided in the United States since January 1, 1972, you may register for a green card. 
• Other options. Other categories of immigrants that may be eligible to apply for a green card include but aren’t limited to Cuban citizens or natives and their spouses or children, Liberian nationals, Canadian American Indians, and Lautenberg parolees. 

Green cards are also available for: 

• Victims of human trafficking. If you have a nonimmigrant visa and have been a victim of human trafficking or another crime, you may be eligible for permanent residency. 
• Victims of abuse. Adult and child victims of abuse may also seek permanent residency under certain conditions. 
• Special immigrants. Some types of workers can apply for a green card as a special immigrant, such as religious workers and international broadcasters. 

*The above is not a comprehensive list. Contact us for more information. 

Should You Contact a U.S. Immigration Attorney to Get a Green Card? 

If you are looking to obtain a green card, it’s possible to apply on your own. However, dealing with U.S. immigration entities and officials can be complicated, especially if English is not your native language. The immigration officials aren’t advocating for you and in some cases, may be looking for ways to deny your application. 

It’s important you have someone on your side who can help you navigate the red tape surrounding immigration to the U.S. Contact Attorney Eliud Zavala now for more information about green cards or for a consultation at (713) 766-6720.

The post How Do I Get a Green Card in the U.S.? appeared first on Houston Immigration Lawyer | Abogado Zavala | Texas Immigration.