What Does An Immigration Lawyer Do?
Immigration law covers a wide range of issues relating to immigration into and deportation from the United States. It’s a complicated area of law involving statutes, regulations, and legal precedents.
So, what does an immigration lawyer do exactly?
What Does An Immigration Lawyer Do?
An immigration lawyer is a lawyer who has spent time specializing his or her understanding and practice toward immigration law. These lawyers understand the complexities, regulations, and processes involved in and around immigration.
But, what does an immigration lawyer actually do?
In this article, you will discover some of the most common legal issues an immigration lawyer handles so you know whether or not this particular type of attorney is right for you.
Related: How to Find A Good Immigration Attorney
1. Understanding Your Immigration Options
If you are married, you could have a choice of entering the U.S. on an immigrant visa and have an immediate right to a green card or entering with a K-3 visa which allows later application for the green card. The latter is known as adjustment of status.
The best solution for you might depend on how efficiently the government can process the applications. An attorney with the knowledge of government systems can help you decide.
There is also the situation of a skilled worker qualified for multiple visas or types of green cards. An attorney can help the worker or the worker’s employer which way is best for them.
2. Immigration for Employment
If you’re an employer and you want to sponsor a worker for a green card, you will need to complete the PERM labor certification process (Program Electronic Review Management). This is the first step that foreign nationals must take is the PERM certification in order to acquire an EB-2 or EB-3immigrant visa.
The PERM process is very exacting and any small error will result in a denial of the application. A lawyer knows what to look for and how to meet these strict requirements.
3. Deportation Proceedings
If you find yourself involved in deportation (removal) court proceedings, you should hire a lawyer. If the proceedings are not yet final, you need an attorney to represent you. Your application is at risk, and the process is different than it is for those not in court.
When the court proceedings are over, you should consult with your attorney to understand the outcome and how it affects your application and status.
4. Denied Immigration
You might be inadmissible for any of several reasons including lying to the U.S. government or committing a crime or having some serious issues with the immigration service itself. There are many reasons would-be immigrants are barred from entry to the U.S. You may want to consult with an attorney to clarify your status and ask for advice.
If your application for a green card of citizenship has been denied, an attorney may be able to help you re-apply. Sometimes, denials are merely the result of missing or erroneous documentation. Language difficulties may lead to a failure of civics or English tests.
An attorney may be able to get permission for you to finish your application by providing any missing information or perhaps getting permission for you to reapply.
5. Criminal Activity
Committing a crime will probably make you deportable from the U.S. If you have been charged with a crime or have been convicted of a crime, you should consult with an attorney as soon as possible.
Crimes that can get you deported include domestic violence, firearms conviction, offenses using controlled substances, or felonies. There are many immigration-related offenses, too, such as lying on a green card application or speeding away from an immigration checkpoint.
You can face deportation for sabotage or espionage. You can also be deported for failing to register with the Selective Service. If convicted of a crime, you have more than citizenship at stake. You may face prison time. An attorney becomes a necessity at this point.
6. Immigration Paperwork (there’s a lot)
Immigration applications involve a lot of forms and paperwork. You will have to fill out detailed instructions. You will have to answer questions. Any mistake can cause your application to be delayed or rejected and returned.
These forms are created by the U.S. Citizenship and Immigration Services (USCIS) or the U.S. State Department (DOS) or one of its overseas consulates.
Lawyers have computer programs that simplify the filling in of information and systems to print, copy, and deliver it as needed.
7. Delayed Processing
It’s a fact that sometimes things get lost, and this is especially true when dealing with a large bureaucracy. Sometimes the sheer number of people involved increases the chances of information being mishandled.
Situations come up, like moving from one city to another, that can lead to failure if the USCIS or a consulate to act on or approve an application. Lawyers are experienced with these kinds of potential delays and can help follow-up when needed.
8. Reliable Guidance
There are times when you will need directions or advice and you might call one of the USCIS offices for help. Unfortunately, the people you talk to will probably not know the answers to your questions and will either take a message (perhaps incorrectly) or transfer you to someone else (also possibly incorrectly). These people are not held accountable for giving you the right advice so you are taking a chance each time you call. It’s better to get a lawyer’s opinion.
There are also scammers out there who claim to know the immigration business but are not qualified to help you. They may be called a “visa facilitator” but they are not licensed to do what a lawyer does and they will not represent you in court.
9. Asylum from Persecution
If you are considered undocumented and fear persecution from your own government, you might be able to remain in the U.S. based on a valid claim for asylum. A lawyer knows how to make such a claim for immigration relief.
Similarly, if you are unable to contact a refugee agency in your country, and you have no choice but to come to the U.S. illegally, you may be stopped at the border. You should have a right to stake a claim and if found credible, be allowed to see an immigration judge.
10. Deportation Notices
If you receive a Notice to Appear (NTA), that means the U.S. government is starting removal proceedings against you. This document spells out the nature of the proceedings and any allegations against you. It will list whatever immigration laws the court believed you violated and includes the date, time, and place you must appear for a hearing.
You have a right to an attorney in such a situation. You should exercise this right to make sure you are well represented at that hearing. As with all the situations above, having an attorney at your side is the best way to protect your immigration status.
Conclusion
There is a wide variety of reasons you may want to know how to find an immigration lawyer. Regardless of the reason you need help with immigration legal matters, it’s best to seek the help of a professional with experience.
Immigration law is complex and easy to misinterpret or misunderstand. This is why we strongly recommend you consider finding an attorney specializing in immigration law.
This will ensure you set the best foot forward and achieve your goals.
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