Patrick O’Rourke

Patrick is Board Certified by the Texas Board of Legal Specialization in Immigration and Nationality Law and his area of expertise includes employment based petitions, employer compliance issues with Immigration and Customs Enforcement, family based immigration, and removal defense.

Notably, Patrick has represented clients in a broad range of backgrounds, including Oilfield Service Providers, Food Products Companies, individuals in the Music Industry, individuals in the Construction Industry, individuals in the Sports Industry including members of the National Football League, Professional Golfers’ Association, Boxing associations, and the Jockeys’ Guild. Patrick’s notable representations involving employment based petitions include:

  • Preparing and obtaining temporary employment visa petitions, including H-1B Professional, H-2B temporary/seasonal employment, H-3 Trainee, L-1A Intracompany Transferee Managers and L-1B Specialized Workers, E-2 investor visas, O-1 Individuals with Extraordinary Ability or Achievement, and P-1 Athletes and Entertainers
  • Preparing and obtaining Permanent Resident First Preference Petitions for individuals of Extraordinary Ability and Multinational Managers or Executives
  • Obtaining INA 212(d)(3) waivers to overcome security issues occurring at U.S. consulates

Patrick has also conducted numerous in-house I-9 Audits as well as representing companies during actual I-9 audits conducted by ICE. Patrick has obtained reductions or complete withdrawal of all fines in previous cases. In addition to audits, Patrick has also made numerous I-9 presentations to large groups of HR personnel and has assisted companies in creating and implementing their company procedures for E-Verify and I-9 Verification.

In addition to employer issues, Patrick also fields many cases involving family based immigration. He has filed Adjustment of Status applications, including in Immigration Court and with U.S. Citizenship and Immigration Services. He has successfully represented clients with issues including being “grandfathered” under INA 245(i), proving admission by being waived through at the border, and attending I-130 “Stokes” interviews for alleged fraud. Patrick has prepared and filed successful Motions to Reopen before U.S. Citizenship and Immigration Services as well as appeals to the Administrative Appeals Office (AAO). Additional notable representations include:

  • Representing individuals applying for Naturalization and Derived Citizenship, including a successful Request for Rehearing
  • Advocating for individuals filing Petitions to Remove the Conditions of Residence, and Waivers of the Petition to Remove the Conditions of Residence after divorce, or through the Violence Against Women Act (VAWA)
  • Representing individuals during consular processing and seeking I-601 waivers for unlawful presence, smuggling, or various criminal convictions
  • Obtaining status for individuals with Childhood Status Protection Act (CSPA) issues
  • Preparing applications for Deferred Action for Childhood Arrivals (DACA)
  • Filing applications for Special Immigrant Juvenile for children who have been abused, abandoned, or neglected

Additionally, Patrick has successfully represented clients before the Executive Office for Immigration Review in removal defense and in litigation of deportation. His appearances include engaging in administrative proceedings before the Immigration Court and Board of Immigration Appeals as well as several appeals to the Federal Court of Appeals for the Fifth Circuit. Additionally, Patrick has obtained a temporary stay on a Temporary Restraining Order and Habeas Corpus filed against Immigration and Customs Enforcement in a Federal District Court. Patrick has successfully filed Motions to Reopen, Motions to Terminate, applications for Cancellation of Removal, Asylum and Withholding of Removal, and other various waivers. Additionally, Patrick has obtained U visa certificates for victims of crimes from the Harris County Sherriff’s Office, Houston Police Department, Harris County District Attorney’s Office, and in State Family Court.

Patrick lives in Houston with his wife and pets where he enjoys biking and cooking. Patrick is a member of the American Immigration Lawyers Association.

Education

J.D., Thurgood Marshall School of Law, 2008
B.A., Computer Science, University of Texas, 2005

Licensure

Texas, 2008
U.S. Court of Appeals for the Fifth Circuit
U.S. District Court for the Southern District of Texas

Honors and Awards

Thurgood Marshall Law Review, Articles Editor
Summa Cum Laude, J.D.
University of Texas, McCombs School of Business Certificate awarded With Distinction

Presentations and Publications

Thinking Outside the “U.S. Citizen or National” Box, 92 NO. 2 Interpreter Releases 81, 2015
Admission: What it was, what it is, when you need it, and how to get it, The 2016 Immigration Law and ECI Journal Symposium-CLE, 2016

 

Memberships

tbls

AILA2016