Application for immigrant visa and Alien Registration form and passport with pen

Immigration Legal Services: What You Need to Know

The United States Immigration process can be long, complicated and very confusing. An immigration attorney can be invaluable in helping you navigate the process. He or she can help you determine which visas you should apply for and how best to navigate paperwork that can be lengthy and complicated. With such specialized help, you can rest easier in the knowledge that you have the best ally you could get in your immigration process. Additionally, there are situations outside of the application process that may impact your immigration status, and an attorney should be consulted in these circumstances as well.

Help in the application process.

If you have applied before and have been denied.

An attorney should be able to assist you in figuring out what went wrong and whether and how it can be fixed. It is important not to file multiple applications that may be inconsistent with each other—this will make you look untrustworthy or even like you might be lying.

Furthermore, the more substantial the reason for the denial was, the more important it becomes to hire an attorney from that point on.  Missing a blank on an application form has a simple fix, but if removal proceedings have started then you may not be able to navigate the situation successfully on your own.

If your application is denied, read the notice you receive very carefully. It will likely tell you the reason for the denial.

If it contains any notices to appear in court, then do not ignore or forget them. Failing to appear in court can result in your removal from the country and will limit what can be done to help you. Once your application is in the immigration court system, it is no longer a matter of merely amending or re-submitting forms, and the procedures you will need to follow are entirely different from those governing the application process.

Furthermore, an immigration attorney will be able to advise you as to how any prior immigration court proceedings might impact your current application.

Similarly, if your application is experiencing significant delays and you are unclear as to why then it is wise to hire an attorney to help you.

Immigration attorneys will not have any special “backdoors” or “inside secrets” to expedite your application. But they might know someone who can give you a clear answer as to why your application is taking so long.

Employment situations.

Getting a work visa can be a particularly tedious and complicated process. If you are an employer wishing to sponsor a foreign-born worker for a green card, then you must meet certain requirements on top of navigating the application process itself. This includes completing the labor certification process (known as PERM) and advertising for the job in a way that meets certain strict requirements. An immigration attorney is best placed to assist you throughout this process.

Similarly, if you are a foreign-born worker whose prospective employer has not offered to assist you with applying for a work visa, you are still going to have to make sure the employer has met all of these requirements on top of doing your best to comply with your side of the application process. Much better to have the help of an immigration attorney than to risk significant delays or denial.

Certain family situations may affect your application or status.

If you were married to a US citizen but are now divorced or in the process of divorce, it is wise to consult with an immigration attorney to determine whether this will impact your immigration application or status. Similarly, if you have a child who might reach the age of twenty-one before your permanent resident status would be granted, that may also impact your application, and you will require additional assistance.

 

Special legal situations.

 

If you are inadmissible.

If any of the following have occurred, you may be inadmissible to immigrate to the United States:

  • You have committed or been convicted of a crime
  • If you have been deported before
  • You have made misrepresentations to the US government before
  • You have a communicable disease
  • You have a physical or mental disorder that might cause harm to yourself other others
  • You have a record of abuse, addiction or trafficking
  • You lack certain vaccinations
  • You have violated immigration law before
  • You have been labeled a spy, terrorist or Nazi
  • You are likely to require need-based government assistance

In any of these situations, you absolutely should hire an immigration attorney. Assume that if any of these circumstances apply to you the United States government will discover them. Making any misrepresentations about these circumstances is guaranteed to create a problem for you. Doing so may result in your deportation.

To learn more about this issue or to consult with one of our attorneys, call the Flores Harbour Law Office today for a private consultation (940) 387-3909.

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