Law Office of James A Roberts, PLLC

Law Office of James A Roberts, PLLC For more than 25 years, we have been assisting immigrants in defending and legalizing immigration status in the United State.

Since 1994, the law office of James A Roberts, PLLC has provided creative and innovative solutions to the complex legal challenges that confront our clients. We have represented clients across the world in their struggles with the convoluted immigration laws and have successfully concluded thousands of cases. We have attorneys barred in multiple states and have represented clients before immigration offices both nationwide and worldwide.

01/21/2025

President Trump's executive order issued on January 20, 2025, aims to end birthright citizenship for children born in the United States to undocumented immigrants. This initiative hinges on a specific interpretation of the 14th Amendment's Citizenship Clause, which states:

"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."

The phrase "subject to the jurisdiction thereof" is central to this debate. Historically, it has been interpreted to mean that anyone born on U.S. soil, except for the children of foreign diplomats, enemy combatants, or members of sovereign Native American tribes (prior to the Indian Citizenship Act of 1924), is automatically granted U.S. citizenship. This interpretation was upheld by the Supreme Court in the 1898 case United States v. Wong Kim Ark, which confirmed that a child born in the U.S. to foreign parents who were legally domiciled and resident in the U.S. was a citizen by birthright.

However, the current administration contends that the "subject to the jurisdiction thereof" clause excludes children of undocumented immigrants, arguing that such parents have not fully consented to U.S. laws and jurisdiction due to their unauthorized status. This perspective challenges the longstanding application of the 14th Amendment and seeks to reinterpret its provisions to exclude certain individuals from automatic citizenship.

The issue, once this litigated, are arguments about interpretation of the 14th Amendment cannot be achieved through an executive order alone. Significant changes to constitutional interpretations typically require a constitutional amendment or a definitive ruling from the Supreme Court. As such, this executive order is expected to face immediate legal challenges questioning its constitutionality and adherence to established legal precedents.

01/21/2025

On January 20, 2025, President Donald Trump signed several executive orders focusing on immigration policy. Key actions include:
1. Ending Birthright Citizenship: An executive order was signed to end birthright citizenship for children of illegal immigrants. This move challenges the 14th Amendment and is expected to face legal challenges.

2. National Emergency at the Border: President Trump declared a national emergency at the U.S.-Mexico border, allowing for the deployment of troops to secure the border and the construction of physical barriers.

3. Reinstating the 'Remain in Mexico' Policy: The administration plans to reinstate the policy requiring asylum seekers to wait in Mexico during their U.S. immigration proceedings.

4. Halting Asylum and Refugee Resettlements: An immediate suspension of asylum and refugee resettlements for at least four months was ordered, along with the implementation of stricter vetting procedures for migrants.

5. Labeling Criminal Gangs as 'Global Terrorists': Criminal organizations such as MS-13 were designated as "global terrorists" to facilitate their deportation.

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11/09/2024

Several clients have contacted the office, concerned about what will happen in the next administration, especially with their promise to change the immigration laws. Neither I nor anyone else can predict the future. I can not guess what these new laws will be. However, I can make a good guess that the people who follow the current rules and laws will be better off than those who do not. As an example, the coming administration has mentioned their unhappiness with 212(d)(5) parole, which provides one year to be in the U.S. to apply for asylum or some other application. The people who do not meet this deadline will be in a much worse position than those who do. As in all other administrations, including the first term of President Trump, I will be diligent in understanding the laws and helping all of my clients comply with the laws. In this way, we will help our clients achieve their dreams and at the same time help our country thrive.

Celebrating Our Move
10/10/2024

Celebrating Our Move

09/13/2024

We have moved to a new Suite in the same office building. Our office address is now 9401 Lee Hwy, Ste 304, Fairfax, VA 22031

08/29/2024

We will not take new cases based upon PIP. This is because of the pending lawsuit that may prevent its success. If anyone wants to file despite the lawsuit, they're are many attorneys still filing them

07/19/2024

USCIS will extend and redesignate Somalia for TPS. Basically, this means TPS will be extended for those people who have it and it will be made available for all of those who entered the U.S. too late to qualify for it previously.

USCIS notice of extension and redesignation of Somalia for Temporary Protected Status (TPS) for 18 months, beginning on September 18, 2024, and ending on March 17, 2026. Notice and details will be published in the Federal Register on July 22, 2024.

06/21/2024

There will soon be a new way for many people to obtain permanent Residence. It is called Parole in Place.

First, please note that the new Parole in Place Law Program is Not Accepting Applications Yet.

This program is expected to launch by the end of the summer after a Federal Register notice detailing the application process and other information is published. Applications submitted prior to the start date listed in the notice will be rejected.

On June 18, DHS provided the following information:
DHS will establish a new process to consider, on a case-by-case basis, requests for certain noncitizen spouses of U.S. citizens:

• who have lived in the United States for 10 years or more.
• do not pose a threat to public safety or national security.
• are otherwise eligible to apply for adjustment of status.
• and merit a favorable exercise of discretion.

If eligible, these noncitizens will be able to apply for lawful permanent residence without leaving the United States.

Eligibility and Process -

To be considered on a case-by-case basis for this process, an individual must:

• Be present in the United States without admission or parole;
• Have been continuously present in the United States for at least 10 years as of June 17, 2024; and
• Have a legally valid marriage to a U.S. citizen as of June 17, 2024.

In addition, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion.
Noncitizen children of potential requestors may also be considered for parole under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship with a U.S. citizen as of June 17, 2024.

Upon receipt of a properly filed parole-in-place request, USCIS will determine on a case-by-case basis whether a grant of parole is warranted and whether the applicant merits a favorable exercise of discretion. All requests will take into consideration the potential requestor’s previous immigration history, criminal history, the results of background checks and national security and public safety vetting, and any other relevant information available to or requested by USCIS. USCIS has strong processes in place to identify and address potential fraud, which will be applied here to ensure the integrity of this program.

A Federal Register notice will be published that outlines the specific steps to be considered under this program.

Address

9401 Lee Highway, Ste 304
Fairfax, VA
22031

Opening Hours

Monday 8am - 6pm
Tuesday 8am - 6pm
Wednesday 8am - 4pm
Thursday 8am - 6pm
Friday 8am - 4pm

Telephone

+17038658962

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