What happens in a first consultation?

We listen first. You tell us what has happened and what you want, we explain which options actually apply to your situation, and we are straight with you about the ones that do not. You leave knowing what the process looks like, roughly how long it takes, and what it costs. Consultations are not free: we talk through your situation first, then quote the fee. Call 682-888-2146 to start.

Do you speak my language?

Very likely. Our founder speaks Spanish and Chinese-Mandarin, Helen T. Wang was born and raised in Taiwan, Josh Farrar is conversational in Spanish and French, and Moises Jauregui works with our Spanish-speaking clients. Across the firm we speak eight languages, and we have represented clients from more than 50 countries.

A family member has been detained by ICE. What do I do?

Call us immediately. When non-citizens are arrested for any reason, the immigration consequences often reach further than the criminal case, and the first days matter. We handle ICE holds, detention and removal defense, and we can tell you quickly what options exist.

Can I get a green card through marriage without leaving the United States?

Often, yes — that process is called Adjustment of Status, and it lets eligible spouses of U.S. citizens apply for permanent residence without departing. Eligibility turns on how you entered the country and on your immigration history, which is exactly what a consultation is for.

What is the I-601A provisional waiver?

It is a waiver of unlawful presence that can be approved before you leave the United States for your consular interview, which substantially reduces the time families spend apart. It requires showing extreme hardship to a qualifying relative, and the evidence you assemble matters enormously.

What is 'good moral character' and why does it matter for citizenship?

Naturalization requires showing good moral character for a statutory period before you apply. It is the requirement that most often derails an otherwise strong application — old arrests, unpaid taxes and failures to register can all count. We review your record before you file, not after.

Do you handle employment and investor visas as well as family cases?

Yes. Our founder started his career working exclusively in EB-5 investment immigration and went on to employment categories including the EB-1A Alien of Extraordinary Ability and the EB-1C Executive Transfer visa, alongside the firm's family-based practice.

Where are you located, and do I have to come to the office?

We are an immigration firm serving Dallas and Fort Worth, and immigration law is federal — our attorneys are licensed to practise it in every state and territory of the United States. Much of a case can be handled remotely; we will tell you when you genuinely need to be somewhere in person.

Judicial Discretion in Immigration Court | Shillig Law

If you’re reading this, you’ve probably realized that immigration law doesn’t always make sense. There’s no single roadmap or formula to follow to guarantee a case’s outcome.

One of the factors that tends to complicate immigration cases is judicial discretion. In immigration court, judicial discretion is the authority of an immigration judge to make decisions based on their own judgment and the specific facts of a case within the constraints of the law. If that “judicial discretion” seems ambiguous, that’s because it is.

When individuals are facing possible removal from the U.S., the judge’s exercise of judicial discretion can often be the deciding factor in the case. Even if an applicant has strong family ties, extended residence in the U.S., established employment history, and compelling humanitarian circumstances, the applicant may still face difficult legal questions about whether they qualify for immigration relief.

What Is Judicial Discretion in Immigration Court?

Immigration judges preside over all immigration proceedings, including removal proceedings. They also consider whether an individual should be granted certain forms of immigration relief like asylum, cancellation of removal, and adjustment of status. Provisions of the Immigration and Nationality Act and the Code of Federal Regulations grant immigration judges the ability to exercise their discretion in cases. See INA § 240A; 8 CFR § 1003.10.

Not every form of relief is available in every case, and not every decision is discretionary. Just because an individual applies for a certain type of relief does not mean they are necessarily entitled to it under the law.

If an applicant is not eligible for a certain type of relief, the immigration judge is not permitted to use their discretion to grant that relief. Meeting all the legal and technical requirements for a certain type of immigration relief is not a guarantee that the immigration judge will use their discretion to grant the relief.

When looking at individual immigration cases, the immigration judge may need to consider two questions. First, is the individual legally eligible for relief? Second, if the individual is eligible, should the judge use their judicial discretion to grant relief?

If an immigration judge is permitted to exercise their discretion, they will weigh the positive factors (“pros”) and negative factors (“cons”) of the case. They will also consider relevant law for the type of relief sought.

“Pros”—or Positive Factors

Some positive factors an immigration judge may consider when looking at a case include:

Whether the applicant is married to a green-card holder or a U.S. citizen, or has children, parents, or other close family members who are U.S. citizens or permanent residents.
The length of time the applicant has lived in the United States and whether the applicant has been employed or has developed other responsibilities while living in the United States.
Educational achievements, volunteer activities, and community ties.
Medical needs or family hardships.
Evidence of compliance with applicable immigration laws and prior immigration obligations.

Remember that even if an individual meets all these positive factors, they are not guaranteed whatever type of immigration relief they’re seeking. Rather, the significance of these factors depends on the legal standard for the type of relief sought and the circumstances of the individual case.

“Cons”—Negative Factors

Some of the negative factors an immigration judge may also consider include:

Criminal convictions or other relevant criminal history.
Prior immigration violations.
Fraud, misrepresentation, or false statements to government officials.
Whether the applicant poses a potential public-safety or national-security threat.

Even if an applicant has a “con” weighing against their case, that does not necessarily mean they’re automatically precluded from relief. Like positive factors, a negative factor’s significance depends on the totality of the circumstances of a case.

The Limits of Judicial Discretion in Immigration Court

Although immigration judges have broad discretion when deciding whether an applicant should be granted relief, that discretion is not unlimited and must be exercised within the parameters of the law.

In many cases, the law specifies which factors an immigration judge may consider when evaluating certain types of relief. Likewise, the law often defines the scope of judicial discretion depending on the type of relief sought.

When looking at a case, the immigration judge will look at the entire record of an applicant’s case under the applicable legal standard. See Von Pervieux v. INS, 572 F.2d 114, 118 (3rd Cir. 1978). United States Citizenship and Immigration Services explains that “[t]he favorable exercise of discretion and the approval of a discretionary adjustment of status application is a matter of administrative grace, which means that the application is worthy of favorable consideration.” USCIS, Chapter 10—Legal Analysis and Use of Discretion (citing Ameeriar v. INS, 438 F.2d 1028, 1030 (3rd Cir. 1971) and Matter of Marques, 16 I&N Dec. 314 (BIA 1977)).

If an immigration judge issues an unfavorable decision, the question of whether a decision can be challenged depends on the legal and factual issues involved, the applicable review standards, and any restrictions on appeal or judicial review. These are complex questions that are best answered by experienced immigration attorneys, who are trained to assess whether an appeal or another form of relief may be available.

Every Immigration Case Deserves an Individualized Assessment

All immigration proceedings can have profound consequences for individuals and their families. But that doesn’t mean every case is the same. Here at Shillig Law, we understand that any given case is just as unique as the applicant for the case.

If you are involved in immigration proceedings, our experienced and compassionate team can help you develop a strategy so you can effectively present your case. Regardless of where you are in the immigration process, we are here to help guide and support you every step of the way.

Judicial Discretion in Immigration Proceedings: Why the Facts of Your Case Matter