Photo from Unsplash
Originally Posted On: https://www.usavisacounsel.com/articles/common-immigration-issues-5-times-you-need-an-immigration-lawyer.htm
It’s the American Dream.
Millions of people file for immigration status in the USA every year. But, with a very complex immigration process and limits on immigration, many of these applicants are denied.
Whether you are applying for immigrant status as a family member, student, employee, or asylum-seeker, the applications are complicated. People make mistakes on their applications or run into immigration issues. This can lead to visa refusals.
But, there are people who can help.
Hiring an immigration lawyer simplifies the process and helps you navigate the system. A lawyer helps you avoid immigration problems and gives you the best chance of coming to America or staying here.
Here are five reasons you should definitely hire an immigration lawyer.
1. You Can’t Figure Out the Process
The applications and required documents for immigration are tricky and time-consuming to fill out. This leaves people confused and more likely to make mistakes.
Agents of the United States Citizenship and Immigration Service (USCIS) may deny applications that contain multiple errors or inconsistencies.
Immigration attorneys can help with application confusion. They are experts in making sure the documents are properly filled out and submitted.
This is especially true if you have a complicated application, such as when you have a criminal background or prior immigration denials . In these cases, a lawyer is essential to have any chance of receiving immigration status.
2. Employee Visas
Businesses looking to sponsor an employee and individuals who are looking who are awaiting sponsorship through a business may require the assistance of an immigration attorney. When it comes to employee immigration visas, a lawyer can provide valuable advice and help you move the application process through the system.
For Business Owners
If you are looking to sponsor a foreign worker, there are various multi-step processes, depending on whether you the visa you are seeking is temporary or permanent, i.e. green card. These processes involve the U.S. Department of Labor and the U.S. Citizenship and Immigration Services. You should keep some considerations in mind when filing for immigration status on behalf of an employee:
- Process can be lengthy and time-consuming
- Requires stringent filing of applications, such as on behalf of temporary workers, Form I-129
- Must prove employer and employee qualifications,
- Be mindful of who will be responsible for all costs associated with the filing
Hiring an immigration lawyer is the best way to navigate the complicated process and file your application without delay.
To obtain U.S. immigration status by way of your skills, talents or expertise, you will need an offer from an employer in the vast majority of scenarios. Oftentimes you will be required to sign a contract and other various sponsorship documents. The process requires a thorough screening and interview.
An immigration lawyer is a valuable asset for helping you to get through all the necessary steps.
3. Asylum Processing
Although asylum-seekers have the legal right to protection in the USA, the decision making process is anything but simple or automatic. Political asylum requires a complex legal strategy, as the approval rate can be low.
An experienced immigration lawyer helps you develop your case and represent you in your hearings. They are careful to apply the law to the circumstances upon which you left your country. This gives you a better chance to have your application approved.
There are two paths towards claiming asylum in the USA.
Affirmative Asylum Process
This is the process for people who are not in removal proceedings (they are not before an Immigration Judge and the Executive Office of Immigration Review). This process involves a proactive approach: apply for asylum through U.S. Citizenship and Immigration Services and the Department of Homeland Security. If after interview, the asylum officer reviewing the filing decides that the applicant does not merit asylum, removal proceedings will usually begin.
A person who is already in removal proceedings can apply as a defensive approach. This involves filing an application with the Executive Office for Immigration Review. The filing will defend you against the removal proceedings while your case is being reviewed.
Qualified lawyers will meet with you to advise you on how to properly apply for asylum. They will give you an honest assessment of your cases and your chances of asylum approval.
4. Deportation Defense
If deportation proceedings have been filed against you, you should consult an immigration lawyer—quickly. You will need someone to represent you and advocate for you.
Facing deportation means appearing before an immigration judge in immigration court. An expert in immigration law will help you decide the best course of action in your individual case.
Many immigration lawyers specialize in deportation defense. They can help get you through a tricky phase in your immigration journey.
Here are some, but not all, of the reasons deportation proceedings can be filed.
- Violation of immigration status or inadmissible declaration
- Marriage fraud
- Smuggling drugs, weapons, or people in the country
- Convicted of a felony
- Committed multiple crimes
- Avoiding an immigration checkpoint
- Conspiring to or committing a drug crime
- Treason or espionage
- Fraudulent use of government assistance programs
- Employment without legal authorization
If proceedings are ongoing or on appeal, your immigration situation depends on proper representation. You must speak to an immigration lawyer.
5. Requests for Additional Evidence
Some immigration applications are returned with a request for additional evidence. This means that the immigration officer assigned to your case needs more information before making a decision on your file.
Sometimes they need additional documentation that proves your marriage status, education or work experience, financial information, or other legal documents. They also may request translation on documents not provided in English.
Remember that these requests have a deadline. If you don’t submit the requested information, accurately filled out and on time, you are at risk of being denied.
An immigration lawyer can help you complete your file and make sure that the immigration agents gets exactly the information they need. Having a completed application and file will improve your chances of approval.
Need Help With Immigration Issues?
Do you need immigration help? Do you have questions about the application process or navigating the US immigration system? Are you trying to be approved for asylum, or in need of deportation relief and defense counsel? An immigration lawyer is the answer.
An immigration lawyer will help you navigate the complex immigration system. For personalized immigration services with our experienced team, contact us at USA Visa Counsel. We are up-to-date on the latest immigration laws, statutes, and regulations and can help you find a solution to any of your immigration issues.
Let us advocate for you.