We Help With Arizona Immigration Issues
Arizona immigrants face real challenges, and recent changes to state law have added to their concerns. With new measures allowing Arizona police and courts to take on immigration enforcement usually handled federally, many families are feeling increased pressure and fear. For undocumented immigrants, simple actions—like entering the state outside official ports or applying for a job—can now lead to state-level criminal charges.
These laws may impact Hispanic and migrant communities the most, raising fears of discrimination and the potential for families to be separated.
The new rules also expand E-Verify requirements, making it harder for undocumented workers to support their families. For many immigrants, this creates daily stress as they face both the pressures of making a living and the heightened risks of interactions with local law enforcement.
At Colburn Hintze Maletta (CHM), we see the struggles immigrant families face and are here to provide the support they deserve to stay together and build a secure future. CHM’s attorneys use a range of immigration options to help families facing these new challenges, exploring every possible pathway for clients to remain in the U.S. and avoid state-level charges under recent laws.
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Which States Have the Strictest Immigration Laws?
In the U.S., while immigration is primarily governed by federal law, several states have introduced strict policies that add local layers to immigration enforcement.
Arizona, Texas, Alabama, and Florida are known for implementing some of the toughest laws affecting immigrants and their families.
Arizona: Arizona is often cited as having one of the strictest approaches to immigration. In 2010, the state passed SB 1070, allowing police to check an individual’s immigration status during routine stops if there was suspicion they were undocumented. Recently, Arizona voters approved a measure in 2024 that expands local law enforcement powers to arrest undocumented migrants, and state judges can now facilitate deportation proceedings. This law affects those in immigration detention centers, where detainees face possible state and federal charges.
Texas: Texas leads the nation in proposed anti-immigration measures, with 91 proposals in the last four years. Texas passed SB 4 in 2023, allowing state officials to detain and prosecute migrants suspected of entering the U.S. illegally. This law is under judicial review.
Alabama: In 2011, Alabama passed HB 56, a law that required schools to verify students’ immigration status and made it illegal for undocumented residents to seek work. Although several parts of the law were later blocked, it remains one of the strictest approaches.
Florida: In 2019, Florida enacted a law banning sanctuary cities and requiring local law enforcement to collaborate with federal immigration authorities. The law has been upheld in court despite challenges.
| State | Key Immigration Laws | Additional Notes |
|---|---|---|
| Arizona | 2010 SB 1070 – Allows police to check immigration status during lawful stops; 2024 measure expands local authority to arrest undocumented migrants. | Enables state judges to facilitate deportations; affects detention centers. |
| Texas | 2023 SB 4 – Allows state officials to detain and prosecute suspected illegal border crossers. | Texas leads in anti-immigration proposals with 91 recent bills; SB 4 is under judicial review. |
| Alabama | 2011 HB 56 – Required schools to check students’ immigration status and criminalized undocumented individuals seeking work. | Several provisions blocked in court, but Alabama maintains strict local immigration policies. |
| Florida | 2019 Law – Bans sanctuary cities and requires cooperation between local law enforcement and federal immigration authorities. | Upheld in court. |
Why Should You Hire an Immigration Attorney?
Handling immigration issues on your own can be overwhelming, especially when the stakes are high. An immigration attorney can offer the guidance and support needed to move through the process with confidence and ensure your rights are protected.
Benefits of Working with an Immigration Attorney
- Clear Guidance for Complicated Cases: Whether you’re dealing with family petitions, adjusting status, deportation defense, or cases involving criminal charges and immigration law, an experienced attorney can help clarify each step and make sure everything is done correctly. Colburn Hintze Maletta (CHM) is experienced in handling a range of immigration matters, including work permits, green cards, E-2 visas, and in-custody and removal cases.
- Representation in Immigration Court: Having an attorney by your side in immigration court can make a big difference, especially if you’re facing deportation proceedings or need to appeal a decision. CHM can represent clients across Maricopa County and throughout Arizona, ensuring that you have someone fighting for you in court.
- Support for Immigration and Criminal Issues: If you’re dealing with both immigration and criminal issues, CHM’s immigration lawyers in Phoenix are experienced in both areas. They provide strategies that consider both sides of the case, helping you protect your rights and work toward the best possible outcome.
- Flexible Financial Options and Free Consultations: CHM offers a free initial consultation and flexible payment plans, making it easier for clients across Arizona to access quality legal support. For families handling complex immigration matters, CHM provides options to make legal assistance more affordable.
- Help Through Each Step of the Process: From handling immigration detention to filing appeals, CHM offers guidance every step of the way, ensuring that you don’t feel alone. Clients can feel reassured knowing they have a team supporting them, whether they’re seeking legal permanent residency, defending a deportation case, or assisting with an in-custody issue.
An immigration attorney like CHM is here to stand by your side and make the process easier, no matter how complex your situation may seem. Call us today to schedule a free consultation and let us help you take the next steps with confidence and support.
Areas of Immigration CHM Covers
Colburn Hintze Maletta offers comprehensive immigration services, including the following below.
Click on any + below to learn more about that Area of Immigration Services.
Family Petitions
Family petitions allow U.S. citizens and lawful permanent residents to bring family members from abroad to the U.S. Colburn Hintze Maletta (CHM) assists clients through this process to help eligible relatives—such as spouses, children, parents, and siblings—secure residency.
There are two main types of family petitions: immediate relatives (spouses and young children of U.S. citizens) and family preference categories, which cover other family members but often have longer wait times.
The process begins by filing Form I-130 to establish the relationship, along with the required documentation.
CHM’s team works closely with clients to simplify the petition process and avoid potential delays. Family-based immigration remains one of the largest paths to legal residency in the U.S., with many families seeking these petitions each year.
Adjustment of Status
Adjustment of status allows eligible individuals in the U.S. to apply for a green card without leaving the country. Colburn Hintze Maletta (CHM) helps clients through this process, which can be simpler and less time-consuming than consular processing abroad.
To qualify, applicants must have entered legally and be eligible through a family- or employment-based visa. Often, this follows an approved I-130 petition from a U.S. citizen or permanent resident relative.
CHM assists clients with Form I-485, the primary application for adjusting status, ensuring all necessary documents—such as proof of eligibility and medical exams—are properly submitted. Our team also helps manage any issues that arise, like requests for further evidence or ineligibility concerns.
Immigration Visa Packet and Consular Processing
For individuals outside the U.S., consular processing is the route to obtaining an immigration visa and, eventually, a green card.This process generally follows an approved I-130 petition or employment-based petition.
Consular processing involves preparing an immigration visa packet, which includes forms and evidence such as proof of eligibility, medical examination results, and financial support documentation. Once the National Visa Center (NVC) reviews and approves these materials, applicants attend a consulate or embassy interview in their home country.
CHM provides guidance on each phase, from gathering documents to interview preparation, helping clients feel confident and informed. By managing the consular process, CHM aims to make this experience as smooth as possible for families reuniting in the U.S.
Removal of Conditions
Conditional residency is a two-year green card status given to individuals who obtain residency through marriage to a U.S. citizen or permanent resident when the marriage is less than two years old at the time of approval.
This conditional status is meant to ensure that the marriage is genuine and not solely for immigration purposes. Conditional residents enjoy the same rights as permanent residents, but they must meet specific requirements to transition to full permanent residency.
To remove these conditions, conditional residents must file Form I-751, Petition to Remove Conditions on Residence, within 90 days before their two-year residency period expires. This form includes evidence that the marriage is legitimate, such as joint bank accounts, shared leases, and affidavits from friends or family.
Fiance Visa
A fiancé visa, or K-1 visa, allows a U.S. citizen’s fiancé to enter the United States to get married and apply for a green card. To qualify for a K-1 visa, both the U.S. citizen and their fiancé must be legally free to marry, have met in person within the last two years (with some exceptions), and intend to marry within 90 days of the fiancé’s arrival in the U.S.
The K-1 process begins with filing Form I-129F, Petition for Alien Fiancé, which establishes the relationship and demonstrates the couple’s intention to marry. Once approved, the fiancé undergoes consular processing, which includes an interview at a U.S. embassy or consulate and submission of essential documents like police records and a medical exam.
Residency Renewal and Replacement
Permanent residents in the U.S. hold a green card as proof of their lawful status, but this card must be renewed or replaced when it expires or is lost, damaged, or stolen. Colburn Hintze Maletta (CHM) assists clients in managing these renewals and replacements, ensuring they remain compliant with immigration requirements and maintain proof of their residency.
A green card is typically valid for 10 years, after which residents must file Form I-90, Application to Replace Permanent Resident Card, for renewal. In cases of lost or damaged cards, residents also use Form I-90 to request a replacement. Timely renewal is essential, as an expired green card can create challenges for employment, travel, and identification purposes.
DACA Renewal
Deferred Action for Childhood Arrivals (DACA) provides temporary relief from deportation and work authorization for individuals brought to the U.S. as children.
Those under DACA status must renew every two years to maintain these protections, and Colburn Hintze Maletta (CHM) offers comprehensive support to ensure timely and accurate renewals.
To renew DACA, individuals must submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals, along with Form I-765, Application for Employment Authorization. Renewal applicants should ideally file 120 to 150 days before their current DACA status expires to avoid any lapse in coverage. Required documents include updated personal information, financial records, and any changes in employment or education.
Citizen Application
Becoming a U.S. citizen through naturalization is a life-changing milestone for many permanent residents. U.S. citizenship grants various rights and protections, including the ability to vote, obtain a U.S. passport, and sponsor family members for immigration.
The path to citizenship typically begins with Form N-400, Application for Naturalization. Applicants must meet certain requirements, such as having held a green card for at least five years (or three years if married to a U.S. citizen), demonstrating good moral character, and passing English language and civics tests.
Advance Parole
Advance Parole allows certain non-citizens, including DACA recipients and individuals awaiting green cards, to travel outside the U.S. and return lawfully without jeopardizing their status.
To apply, individuals file Form I-131, Application for Travel Document, detailing the purpose of their travel, which must typically be for humanitarian, educational, or employment-related reasons. Once approved, Advance Parole allows travelers to re-enter the U.S. and resume their previous status.
Military Parole in Place
Military Parole in Place (PIP) is a unique immigration benefit for certain family members of active-duty U.S. military personnel, veterans, and members of the Selected Reserve. This program allows eligible spouses, children, and parents to remain in the U.S. legally without facing the risk of deportation, providing stability and peace of mind for military families.
To apply, individuals submit Form I-131, Application for Travel Document, along with evidence of their relationship to the military member and proof of that member’s service status. Approved PIP applicants receive temporary protection from deportation, along with eligibility to apply for work authorization.
U-Visa Certification
The U-Visa offers protection and legal status to victims of certain crimes who have experienced mental or physical abuse and are willing to assist law enforcement in investigating or prosecuting the crime.
A key component of the U-Visa application is obtaining a U-Visa Certification, which confirms the applicant’s helpfulness to authorities.
To obtain U-Visa Certification, applicants must have Form I-918 Supplement B signed by a qualifying official, such as a police officer, prosecutor, or judge. This form certifies that the applicant has been helpful or is likely to be helpful in the investigation or prosecution of the crime.
U-Visa Application
Following the U-Visa Certification, the next step is completing the full U-Visa application, which secures protection and potential residency in the U.S.
Once the U-Visa Certification (Form I-918 Supplement B) is obtained, applicants can proceed with Form I-918, Petition for U Nonimmigrant Status. This petition includes the certification along with documentation showing the applicant’s willingness to assist law enforcement, evidence of the crime, and proof of physical or mental harm suffered.
VAWA ( Violence Against Women Act )
The Violence Against Women Act (VAWA) provides a pathway for individuals who have suffered abuse from a U.S. citizen or lawful permanent resident spouse, parent, or child to apply for legal status on their own.
This means they don’t have to rely on their abuser, giving them a way to seek safety and stability independently.
To apply under VAWA, eligible individuals can file Form I-360, which allows them to gain residency without their abuser’s involvement or knowledge. Applicants need to show their relationship with the abuser, provide evidence of abuse, and demonstrate good moral character.
Provision Waiver
The Provisional Waiver process allows certain family members of U.S. citizens and lawful permanent residents to address their immigration status without having to face prolonged separation from their loved ones.
Colburn Hintze Maletta (CHM) assists clients in applying for this waiver, which helps individuals who may face an unlawful presence bar when they leave the U.S. to attend an immigration interview in their home country.
A Provisional Waiver, filed through Form I-601A, is specifically for individuals who have been in the U.S. unlawfully but qualify for a waiver based on their relationship to a U.S. citizen or permanent resident spouse or parent. The waiver aims to reduce the time families spend apart by allowing applicants to receive a decision on their waiver before they leave the country for their interview.
FOIA ( Freedom of Information Act )
The Freedom of Information Act (FOIA) allows people to request access to their records from U.S. federal agencies, including immigration files from USCIS, ICE, and CBP. This can be an important tool for immigrants who need to review their history, track down details of old applications, or check for any past interactions with immigration authorities. Colburn Hintze Maletta (CHM) helps clients file FOIA requests so they can access important information that might affect their case.
FAQ: Arizona Immigration Services
At Colburn Hintze Maletta (CHM), we understand that immigration law in AZ can be challenging to work through. Here are answers to some commonly asked questions about our immigration services, designed to help individuals and families throughout Arizona feel informed and supported. Our immigration law firm is here to make the immigration system work for you.
⑴ What Are My Options If I Am Facing Deportation?
Individuals facing deportation may qualify for certain relief options, such as asylum if they fear persecution in their home country; cancellation of removal, available to long-time residents who can show hardship to family members; or a U-Visa for victims of specific crimes who are willing to assist law enforcement. Each of these options has strict eligibility requirements. Consulting with an immigration attorney in Phoenix can help clarify which forms of relief may apply to your case.
⑵ How Can I Help a Family Member Who Is Detained?
If a family member is detained in an immigration detention center, you may request a bond hearing for their temporary release, provided they are not subject to mandatory detention. To support a detainee’s case, it’s important to gather documents demonstrating their ties to the community, family support, and legal eligibility for relief.
⑶ Can I Apply for a Green Card Without Leaving the U.S.?
Certain immigrants may adjust their status to become permanent residents without leaving the country. This option is typically available to immediate relatives of U.S. citizens, including spouses, minor children, and parents, who entered the U.S. lawfully. Those who entered without inspection may need to apply for a provisional waiver and complete consular processing abroad. The adjustment of status process requires filing Form I-485 and meeting specific eligibility criteria.
⑷ What Happens if I Overstay My Visa?
Overstaying a visa can lead to a bar on reentry to the U.S., typically three years for an overstay of more than six months and ten years for an overstay of more than one year. Certain waivers may be available to those who can demonstrate that their absence would cause significant hardship to a U.S. citizen or permanent resident spouse or parent. It is advisable to consult with an immigration attorney to understand available options and prevent additional complications.
⑸ Can I Appeal a Denied Immigration Case?
Certain immigration decisions, such as denials of asylum or cancellation of removal, can be appealed to the Board of Immigration Appeals (BIA). If the BIA decision is unfavorable, some cases may be further appealed to the federal courts. Appeals must be filed within specific time limits and require thorough documentation and legal arguments. An immigration attorney can assess the merits of an appeal and provide representation throughout the appeal process.
⑹ What Is the Process for Getting a Work Permit?
Individuals eligible for a work permit file Form I-765, Application for Employment Authorization, through U.S. Citizenship and Immigration Services (USCIS). Eligibility for a work permit depends on an applicant’s immigration status, such as pending asylum applications, DACA status, Temporary Protected Status (TPS), or pending adjustment of status. The application requires a filing fee (with some exemptions) and documentation of eligibility. Work permits are generally valid for one or two years, depending on the applicant’s underlying immigration status.
⑺ How Long Does the Immigration Process Take?
The length of the immigration process varies based on the type of case and individual circumstances. For example, family-based visas can take anywhere from a few months to several years, depending on the family relationship and the applicant’s country of origin. Green card processing may range from a few months for immediate relatives of U.S. citizens to several years for certain employment-based categories. USCIS provides processing time estimates on its website, allowing applicants to check the approximate wait times for specific applications.
⑻ Can I Still Apply for DACA?
Currently, DACA (Deferred Action for Childhood Arrivals) is open for renewals but closed to new applicants due to ongoing litigation. Those eligible for renewal should apply promptly to prevent gaps in protection and work authorization.
Legal updates may change the availability of DACA in the future, so consulting an immigration attorney can help individuals stay informed on policy changes and renewal requirements.
⑼ What Are My Options if I am Married to a U.S. Citizen?
Spouses of U.S. citizens may apply for a green card through adjustment of status if they are in the U.S. and entered legally. If abroad, they must go through consular processing. Spouses may also be eligible for waivers if they face issues like unlawful presence. Those with a criminal record or pending removal proceedings may have additional options, including cancellation of removal or prosecutorial discretion, to remain in the U.S.
Contact a Phoenix Immigration Lawyer Today
If you or a loved one is facing immigration challenges in Arizona, Colburn Hintze Maletta (CHM) is here to provide the guidance and support you need. CHM assists families with a range of immigration matters, including family petitions, green cards, DACA renewals, U-Visas, and more.
The team at CHM knows that every client’s situation is unique and takes a personal approach to each case. Their focus is on keeping families together and helping clients feel informed and supported throughout their journey. To make this process accessible, CHM offers a free initial consultation, allowing you to discuss your case and understand available options with no upfront cost.
If you’re ready to explore your immigration options, contact CHM today at (602) 825-2500. Let their team stand by you as you work toward a stable and secure future for you and your family.
