Top Lawyers in Texas for Indians Dealing with Family, Property & Immigration Disputes

For Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs) living in the United States especially in a diverse and economically dynamic state like Top Lawyers in Texas navigating legal issues can be particularly complex. These challenges often involve multiple jurisdictions and legal systems. Whether it’s a family dispute rooted in Indian personal law, property concerns spanning two continents, or immigration matters intersecting with U.S. federal and Texas state law, each case demands specialiSed legal expertise.

This article explores the key legal areas NRIs and OCIs face in Texas and guides you on how to choose top lawyers in Texas who understand Indian diaspora legal needs, including for High Net-Worth Individuals (HNIs).

Why NRIs and OCIs Need a Top Lawyers in Texas for Specialised Legal Support

Texas is home to one of the largest Indian-origin populations in the U.S., with growing business, professional, and family communities. However, legal disputes for NRIs rarely stay confined to one country. Most family and property issues involve overlapping laws from India and the U.S., which adds layers of procedural and legal complexity. Additionally, U.S. immigration rules continue to evolve, making it critical for Indians in Texas to work with attorneys who are not just technically sound, but also culturally and jurisdictionally aware.

1. Family Law: Divorce, Custody, and Indian Personal Law from Abroad

Divorce and Jurisdiction

Divorces involving NRIs are often governed by both the Indian and U.S. legal systems. In India, laws like the Hindu Marriage Act, 1955, or Special Marriage Act, 1954 apply, and jurisdiction is retained by Indian courts if the marriage was solemnised in India or if one spouse resides there. Meanwhile, Texas follows its own Family Code and allows for no-fault divorce, which can lead to conflicting rulings unless the process is carefully coordinated.

Indian courts increasingly allow virtual proceedings, mutual consent divorce via video conferencing, and remote testimony, per the precedent set by State of Maharashtra v. Dr. Praful B. Desai (2003). NRIs can also execute a Power of Attorney to have someone represent them during legal proceedings in India.

Child Custody and International Frameworks

Texas adheres to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), while custody matters in India are governed by the Guardians and Wards Act, 1890. In international disputes, the Hague Convention on the Civil Aspects of International Child Abduction may apply. Texas courts give weight to this Convention, aiming for the prompt return of children to their habitual residence if wrongfully removed.

Courts in both jurisdictions prioritise the child’s welfare. In recent cases, Indian courts have begun assessing whether the NRI parent can provide emotional, educational, and social stability, making the presence of well-prepared legal counsel critical.

2. Property Disputes: Managing and Protecting Assets Across Borders

Indian Property Laws for NRIs and OCIs

NRIs and OCIs commonly face legal hurdles in managing or inheriting property in India. Issues may include unclear title documents, unauthorised possession, or disputes among family members. Indian property transactions for NRIs are governed by the Foreign Exchange Management Act (FEMA) and the Income Tax Act. Remittances for purchases must come through NRE/NRO accounts, and tax compliance is essential especially regarding capital gains and TDS deductions.

Landmark Ruling: In May 2025, the Delhi High Court ruled in favor of an NRI seller in a capital gains tax dispute. The issue arose when the buyer mistakenly deducted TDS using the wrong form. The court held that the seller, who was compliant, should not be penalised for the buyer’s error. It directed the Income Tax Department to correct the TDS records. The case highlights the importance of using Form 27Q (meant for non-residents) instead of Form 26QB (used for residents). It also reinforces the need for the buyer to obtain a valid TAN before deducting TDS.

Texas Property Laws and Foreign Ownership

Texas applies community property laws for marital property, meaning assets acquired during marriage are jointly owned. This can complicate divorce-related asset divisions for NRIs who own real estate or businesses in Texas.

New Texas laws may also impact foreign investments. Senate Bill 17, effective September 1, 2025, prohibits nationals from China, Iran, North Korea, and Russia from purchasing land in Texas. While this doesn’t directly affect Indian nationals, it highlights the dynamic nature of property laws and the importance of staying informed. For HNIs investing in Texas real estate, consulting experienced real estate attorneys is essential for due diligence and compliance.

3. Immigration Disputes: Safeguarding Your Future in the U.S.

Immigration is one of the most sensitive legal areas for NRIs in Texas. From work visa renewals and green card applications to asylum claims and removal proceedings, immigration law is complex and rapidly changing.

Visa Denials and Appeals

If your H1B extension or green card application is denied, you must act quickly. Legal remedies include filing a motion to reconsider or an appeal with the Administrative Appeals Office (AAO). You can also explore changing your status to another visa category. Each option comes with specific procedures and timelines. Consulting an Indian immigration lawyer in Texas ensures your case is handled with cultural, legal, and professional understanding.

Key Legislative Updates

Texas has been a flashpoint in immigration debates. Recently, a federal court struck down Senate Bill 4, which would have allowed local Texas law enforcement to arrest undocumented immigrants reaffirming federal supremacy in immigration enforcement. These rulings have real consequences for Indians on student, work, or dependent visas.

4. How to Choose Top Lawyers in Texas for Indian Legal Matters

When selecting the right attorney, consider these key factors:

Experience with Cross-Jurisdictional Matters: Choose attorneys who regularly handle cases involving Indian and U.S. laws.
Reputation and Specialisation: Look for lawyers recognised in family law, immigration law, or property law with strong reviews from NRI clients.
Cultural Competence: Indian-origin attorneys or those who understand Indian family structures, languages, and legal systems can provide more effective representation.
Clear Communication: Ensure your lawyer can maintain regular communication, especially if you’re coordinating from abroad.
Strong Indian Legal Network: For parallel proceedings or matters requiring Indian legal coordination, your lawyer should be affiliated with or have access to Indian legal consultants.

Frequently Asked Questions

Q1: Can I initiate divorce proceedings in India while living in Texas?

Yes. If your marriage was registered in India or your spouse resides there, Indian courts have jurisdiction. You can initiate proceedings remotely using video conferencing and appoint a Power of Attorney (PoA) holder for routine appearances.

Q2: What should I know about inheriting or selling property in India as an OCI?

Ensure compliance with FEMA and Income Tax Act provisions. For selling property, the buyer must deduct TDS using Form 27Q and obtain a TAN. Always request Form 16A for proof. Legal errors by the buyer shouldn’t penalise you, as shown in recent Delhi High Court rulings.

Q3: My H1B visa extension was denied. What are my options?

You can file a motion to reopen, appeal the denial, or switch visa categories. Timely action is crucial. Consult a skilled Indian immigration attorney in Texas for customised strategies and to avoid unlawful presence.

Q4: Does the new Texas property law impact Indian real estate investors?

Senate Bill 17 restricts land purchases by citizens of certain countries not India. However, Indian HNIs should consult property attorneys to ensure compliance with evolving regulations.

Q5: I have a property dispute in India but live in Texas. What can I do?

You can appoint a Power of Attorney in India to represent you. Courts now allow limited remote participation. Work with a reliable Indian law firm to handle local proceedings and maintain documentation to protect your interests.

Outlook

The legal environment for Indians in Texas is shaped by evolving U.S. immigration laws, state property regulations, and ongoing personal and property disputes in India. These challenges often require legal strategies that combine U.S. and Indian frameworks. Whether you’re dealing with cross-border divorces, asset protection, or immigration risks, proactive legal planning and the right counsel can save significant time, money, and emotional stress.

Conclusion

For NRIs and OCIs in Texas, navigating family, property, and immigration disputes demands a multidisciplinary legal approach. With overlapping legal frameworks and constant policy shifts, securing experienced and culturally competent legal counsel is not optional it’s essential. The right legal team can protect your assets, resolve your disputes efficiently, and safeguard your status in both India and the U.S.

About LawCrust Legal Consulting

LawCrust Legal Consulting, a subsidiary of LawCrust Global Consulting Ltd., is a trusted legal partner for NRIs and Indians across the globe. Backed by a team of over 70 expert lawyers and more than 25 empanelled law firms, we offer a wide range of legal services both in India and internationally. Our expertise spans across legal finance, litigation management, matrimonial disputes, property matters, estate planning, heirship certificates, RERA, and builder-related legal issues.

In addition to personal legal matters, LawCrust also provides expert support in complex corporate areas such as foreign direct investment (FDI), foreign institutional investment (FII), mergers & acquisitions, and fundraising. We also assist clients with OCI and immigration matters, startup solutions, and hybrid consulting solutions. Consistently ranked among the top legal consulting firms in India, LawCrust proudly delivers customised legal solutions across the UK, USA, Canada, Europe, Australia, APAC, and EMEA, offering culturally informed and cross-border expertise to meet the unique needs of the global Indian community.

Top Lawyers in Texas for NRIs & OCIs – Expert Legal Help