Situations when it is absolutely necessary to hire an immigration attorney
Immigration law is one of the most complex areas of law in the United States. In addition to professionalism and knowledge, an attorney working in this field must be able to respond quickly to changes in the applicant’s life, as well as legislative innovations that appear almost every month.
Most people hire an immigration lawyer when they need help in applying for an immigration document. And this is very right, especially in cases where a person is not able to fully understand the various requirements of immigration law.
Sometimes immigrants, trying to save money, decide to fill out the paperwork themselves and keep track of their case. From time to time it works, although, of course, having a lawyer or at least holding a preliminary consultation with him greatly increases the chances of success. However, if in rare cases, the immigration issue can be resolved without a lawyer, there are a number of cases in which the decision to abandon the services of a lawyer can turn into serious problems and losses.
Cases where hiring an immigration attorney is absolutely necessary
If the applicant has a prior criminal conviction. Almost all USCIS forms ask if the applicant has a criminal conviction. The answer must include all of his or her criminal convictions, even for charges that have been expunged. There is no need to hire a criminal defense attorney in these cases – immigration attorneys understand where and how immigration and criminal law intersect, and can provide meaningful advice.
Previous immigration applications have been denied. An immigration attorney will be able to determine the reason for the rejection, as well as advise whether it makes sense to appeal or whether it is better to reapply in the future.
If the applicant has previously been deported or banned from entering the United States. Sometimes a deportation or entry ban means that a person is permanently barred from filing any immigration applications. An immigration attorney can advise on the consequences of deportation and debarment, as well as what further action is available.
If the applicant has a certain medical condition. Certain medical conditions may cause an applicant to be barred from entering the United States (e.g., certain communicable diseases). An immigration attorney can advise how to proceed in such a situation.
If the applicant is waiting for a decision on his request for an unreasonably long period of time. Immigration lawyers know all the details of the application processes, including waiting times. Sometimes an attorney can help an applicant get his or her request expedited or find out the reason for the delay.
If an applicant is requesting a work visa, but his or her prospective employer is not helping with immigration matters. Processing work visas can be a complicated process. An immigration lawyer will ensure that prospective employers meet their obligations to potential immigrant employees.
If the applicant’s marriage to a U.S. citizen was dissolved before the conditional status of permanent resident was lifted. Visa applications based on marriages are usually filed jointly. If the marriage was dissolved by divorce or the death of the U.S. spouse, it can be particularly difficult to prove its legality.
If the applicant is trying to change his or her permanent resident status, but has recently divorced one and married another U.S. citizen. The main problem here is that the first marriage may raise suspicions of fictitiousness. The services of an immigration attorney may be necessary to prove that the first marriage was legal.
If a person immigrates to the U.S. with their family and their child reaches the age of 21 before being granted permanent resident status. The procedure for obtaining permanent resident status for children under the age of 21 differs from the procedure for adults. An attorney can help determine the best way to apply for child applicants.
If the applicant has already begun the application process but does not know what to do next. Sometimes USCIS may ask for additional documents to support the applicant’s case. Working with an attorney from the beginning of the process can help prevent delays and even speed up the process.
Immigration issues can often be difficult to understand. Many applications take months or even years to process. If you have any problems understanding immigration laws or procedures, a lawyer can help you find a way out. Working with a lawyer can save you a lot of time and nerves when trying to resolve immigration issues.
Also, if you have an immigration hearing, hiring a lawyer is the best way to ensure that your interests are fully protected.