Not everybody needs an immigration lawyer by their side. If you want to move to the United States to live, work, or for family unification, most of the services, applications, and processes can be completed online or in-person without the help of an immigration lawyer. Nonetheless, immigration laws in the country are highly complicated, especially now that they are rapidly changing, and you do not want to take chances. An experienced lawyer will make all the difference in your visa or green card application, hence needing one. This blog highlights scenarios when you should seek legal counsel.
If You are Unsure You Meet the Rules
California immigration laws are highly complex. Also, the many agencies involved in the procedure make it challenging to determine your options and whether you meet the required standards. Assume you have valuable skills you want to offer in the US. You have the option to apply for temporary or permanent immigration status. For temporary immigration, you have different visa options based on your duration of stay and whether you want to bring your family to the country. For valuable skills, you can be admitted to the country for the duration of your contract. With permanent immigration, visas are very limited, and you must file a petition with the US Citizenship and Immigration Services (USCIS).
On the other hand, if you are an employer seeking to hire immigrants, you want to make sure you understand the best visas or green cards that will meet your needs and those of the employees. Consulting with an immigration lawyer will help you understand which visas or green cards are the best for your needs.
The same applies when you want to unify with your family. You must be of a particular age and meet particular financial requirements to bring your spouse or children to the US. Again, the type of visa you need to bring your fiancé to marry in the country is different from the one you need if you are already married. When you are already married, your spouse will need a green card. However, when you are engaged and want to marry in the country, you will use a K-1 fiancé visa, and once you marry, you can apply for a green card. These options have their merits and demerits, and the qualification requirements vary. The fees charged by the state, length of the process, and procedures involved are different. Without knowledge of immigration law and procedures, you will not understand the rules, and this is where an immigration lawyer comes in.
If You are Requesting a Discretionary Relief
When looking for discretionary relief like asylum, you must convince the authorities to consider you over other applicants because the chances are limited. Asylum seekers are individuals who find themselves in the country due to life-threatening situations in their mother countries. The option is available if you seek protection from racism, national origin, political opinion, or fear of oppression. You apply for asylum upon entry into the U.S or after one year of being in the country. The challenge with applying for asylum is that you must persuade immigration authorities that the situation back in your country is life-threatening.
Also, most asylum seekers are unfamiliar with the United States’ immigration laws and often find themselves in detention facilities or deported back to their country to face persecution. Luckily, contacting an immigration lawyer when you or a loved one seeks asylum status in the US can make all the difference. Adjusting to a new country is not easy. However, you will have peace of mind and feel safe knowing that an experienced lawyer will handle your application.
If You Have Been Notified of Removal or Deportation Proceedings
When you receive a notice of a removal or deportation proceeding, you should not just walk but run to see an immigration lawyer. A deportation or removal proceeding refers to an administrative procedure in the immigration court that establishes your removability. The proceeding is initiated by the Department of Homeland Security (DHS). It involves serving you with a notice to appear (NTA) and filing the necessary paperwork with the court. When you obtain this notice, it is an indication that you have violated immigration laws or been convicted of a crime of moral turpitude.
Once the immigration court obtains the charging documents, they arrange for an initial hearing where you are informed of your rights and the immigration laws you are alleged to have contravened. Also, in this hearing, you will have the chance to obtain legal representation or plead guilty. Instead of pleading guilty, you should bring in an experienced immigration lawyer to help you with the case. There are several defense strategies your legal counsel can exploit to avoid deportation.
Your lawyer can argue that you entered the US through a Visa waiver program and, therefore, your case cannot be heard by a judge in an immigration court under any circumstances. The agreement that allows immigrants to enter the country without a visa in the first place also stipulates that the individuals cannot be removed without a hearing.
Again, your lawyer can convince the court not to deport you through deferred action. Convincing the court to exercise this action can postpone your removal, sometimes indefinitely.
Furthermore, when you are notified of your impending removal, your lawyer can swing into action and file a motion seeking to overturn the court orders or appeal the court decision. With a motion like this pending in court, the DHS can issue a stay of removal, postponing your deportation.
Even after removal, an immigration lawyer will still be critical in your re-entry because they can request a waiver if you had been barred from reentering the US for three to ten years. Besides, the legal expert can help with your case after the lapse of the bar duration.
Similarly, the lawyer can help you explore protections and reliefs like asylum, adjustment of status, and cancellation of removal and naturalization to prevent deportation. However, you need sufficient evidence to convince the court you deserve the protection or relief.
It is worth noting that not every time you are issued with an NTA, you will show up in court. Sometimes you will receive a notice of the deportation proceeding but fail to appear due to genuine circumstances. If you are a no-show in court, the proceedings will continue in your absentia, giving the DHS an advantage in the case. They will need to prove that you are deportable, were issued with an NTA, and the court served you with the notice of the proceeding. When the DHS meets the burden of the immigration court, the court will order your removal. However, with the help of an immigration attorney, you can file a motion to reopen the deportation order within 180 days. The attorney must prove that your failure to appear was due to improper notice or genuine and exceptional reasons in the motion.
If You Are Concerned, You Are Inadmissible
Being inadmissible in the U.S. can be devastating. You will be ruled inadmissible in the U.S. if you have a criminal history for an offense listed under the Immigration and Nationality Act (INA). Also, you will be ruled inadmissible if you have a record of terrorist activity, drug abuse, or an infectious medical condition. In legal terms, these characteristics that disqualify you from being admitted to the U.S. are called inadmissibility grounds.
Even when ruled inadmissible, the law allows you to apply for a waiver to forgive the inadmissibility problem. Not everyone is eligible for a release, making it critical to consult with an immigration lawyer to know whether you qualify. The attorney will prepare the necessary documents with supporting evidence and submit your application if you are eligible.
Similarly, an attorney will establish the reason for your inadmissibility. Medical inadmissibility grounds include having an infectious disease like tuberculosis or a physical or mental disorder that can pose a risk to others. If any of these circumstances apply in your case, you are likely to feel hopeless. Nonetheless, your attorney can explore multiple options to overturn this ruling. First, they will advise you to seek medical treatment for the condition and obtain a medical report showing that you no longer suffer from the disease. However, the attorney will apply for a government waiver when you have a chronic illness or one with no cure. The waiver will be granted if sufficient evidence shows the condition does not threaten the public.
Moreover, your lawyer will explore various options if your grounds for inadmissibility are due to a crime of moral turpitude or one relating to drugs. The attorney must analyze the general definition of the crime in question to determine whether it is criminally inadmissible. Complex evaluation is required in these situations, so you need a profound immigration lawyer.
Alternatively, the attorney can request the government to waiver the criminal record. However, whether the motion will be granted depends on the type of crime in question. For drug traffickers and abusers, a waiver is not available. Your legal representative will evaluate the offense in question to establish if you qualify for an inadmissibility waiver.
When You Need Help With the Paperwork
The application process for a Visa or green card in the U.S. involves a lot of paperwork. You must complete multiple application forms and provide supporting documents to prove your eligibility. While filling out these forms, a mistake can force you to start the entire process afresh, delaying your dream to live or work in the United States. Errors in the application or failure to provide all the required documentation could see your application denied.
An experienced immigration lawyer has completed countless paperwork before and will use the same skills and knowledge to complete yours. With the help of an attorney, you will fill out all the required information correctly and find the relevant documents required in the process, ensuring a seamless application. Some lawyers even have computer programs that feed your details and print out the forms immediately. Having an attorney by your side means you do not have to worry about your application being returned, denied, or delayed, giving you the peace of mind you need.
When You are an Employer Hiring Foreign Workers
As an employer, you will have little or no time puzzling out immigration law information with your busy schedule. Hiring foreign workers is complex because first, you must place a job advertisement. Doing this alone is complicated because you must meet particular standards set by the state, making it easy to make mistakes. Also, you must complete the labor certification procedure if you are to obtain a green card for your prospective worker.
Obtaining the labor certification means completing the PERM procedure, which involves filling out ETA Form 9089. When filling out these forms, a mistake can be highly costly because even if you make the slightest error in the employee’s salary, the application will be denied.
Luckily, when you partner with an immigration attorney, the chances of making errors in the procedure are minimized, streamlining the entire process. A profound attorney has completed many Form 9089s before and will complete the PERM process on your behalf as you focus on the core objectives of your business.
When You Experience Delays With The Procedure
Delays by the USCIS or consulate to approve your application are another factor that can prompt you to bring in an immigration lawyer in your case, primarily when the delays are caused by bureaucracy. These delays are widespread and can be frustrating. An immigration lawyer does not have the power to speed up the process but can make inquiries on the hold to answer some of your questions. However, an attorney does not guarantee you will obtain answers to the problem because they sometimes lack responses to their inquiries.
Choosing an Immigration Lawyer
Although it is right to bring in an attorney under particular circumstances in your visa or green card application, not all immigration legal professionals will make a difference in your case. The attorney you pick can be the difference between your application being denied or granted. Lawyers of all kinds flood the market. Some are genuine, honest, and will not overcharge you for their services. Others are bad and will overcharge you or fail to keep their promises. Whatever your reason for application, whether to avoid removal or seek a green card or visa, you want the right lawyer to ensure your case's success. Discussed below are tips to help you hire the right practitioner:
Do Not Opt for Attorneys that Approach You at the Immigration Offices
When you visit an immigration office today, many attorneys are trying to implore business in the hallways. This is a red flag, and you should avoid these attorneys because soliciting business in these places is unethical. Additionally, a reputable attorney will be busy practicing and handling their clients’ cases. Therefore, any immigration attorney requesting business should not be considered for the job because they most likely have no experience or have a bad reputation.
Steer Clear of a Visa Consultant or Notario
Immigration laws are very complex, and unfortunately, some well-meaning individuals can try to advise you on how to approach the process, especially when you are a foreigner with little or no knowledge about immigration laws. You should not trust advice from USCIS employees or visa consultants because they can fill out the information wrongly. Also, USCIS will not take responsibility for these employees even if they take your money and run off without offering services. Always go for advice from an immigration lawyer and not any other person.
Run Background Checks on the Attorneys You are Considering for the Job
Today, most lawyers have an online presence with websites and online profiles. Therefore, check them online if you have a couple of names you are considering. You can visit their websites to read reviews. If the attorney has positive reviews or has contributed to professional immigration law articles for publication, it is an indication they have in-depth knowledge in the field. However, if the attorney does not appear in the state bar association or the American Immigration Lawyers’ Association, you should not consider the person for the job.
Be Wary of Attorneys Giving Unethical Advice
As much as you want to avoid deportation, work in the U.S., or enjoy immigration benefits, giving false information in the application forms or to the USCIS worker is not advisable. Therefore, you should walk away from an attorney that advises you to divulge false information, bribe an immigration officer or purchase a fake green card because you will end up in serious trouble and probably be barred from entry to the U.S. for a lifetime.
Find the Los Angeles Immigration Lawyer Near Me
As you can see from above, there are multiple scenarios where partnering with an immigration lawyer positively impacts your immigration application. Immigration laws are very complex, and a simple error can result in delays, denial, or even deportation. With the multiple procedures, policies, and rules, navigating through this process can be overwhelming. A profound immigration lawyer will differentiate between the application being approved or denied. Reach out to California Immigration Attorney today at 424-789-8809 for guidance and answers to any questions regarding immigration laws.