When do you need an Attorney?
Ideally, many immigration issues and procedures can be handled without the assistance of an immigration attorney. In fact, many individuals accomplish their immigration goals with the assistance of their local BCIS office and other readily available resources. Proceeding without an attorney, however, is not appropriate for everyone. In most cases, you will know when you need an attorney. In other cases, failing to obtain the advice of an attorney could mean the difference between permanent residence and deportation. Many immigration attorneys will give you a free consultation or deduct the cost of the consultation from your total fees. There are also low-cost immigration law centers in many cities that serve low-income foreign nationals.
If any of the following descriptions applies to you, it will be worth your while to seek legal advice:If you have committed or been convicted of any crime. Most forms ask whether you have committed or been convicted of a crime and you will be fingerprinted if you want to immigrate. Not all crimes create a barrier to immigration, but if you make misrepresentations on your immigration forms, you risk deportation.
If your prior applications have been denied. An attorney should be able to determine what the problem is and whether it can be remedied.
If you have attempted the process on your own and simply cannot figure out what to do next. The immigration process is notoriously complicated and many individuals hire attorneys because they have reached the limits of their patience. In many instances, it is better to hire an attorney than to improvise because your forms could become lost in the system and cause an unnecessary delay in your immigration process.
If you have been deported or otherwise forced to leave the United States. Not all removals from the United States will result in permanent bars to immigration.
If you have a communicable disease. Not all diseases are a permanent bar to immigration.
If you have filed your immigration forms and have been waiting an unreasonably long time for a response. In many instances, a well-established immigration attorney will have relationships with BCIS personnel that will facilitate a timely determination of the status of your application.
If you divorced your first U.S. spouse before the condition was removed from your permanent residence and you are now seeking to adjust status based on a marriage to another U.S. citizen. In many instances it will be difficult to prove that your first marriage was not a sham.
If your marriage to a U.S. citizen failed before you were able to file your petition to have the condition removed on your residency and you will have to file alone. The procedure for waiving the joint petition requirement can be extremely difficult, particularly when your former spouse and his or her family won't provide you with any evidence that the marriage was not a sham.
If you are immigrating with your family and you have a child that could reach age twenty-one before your permanent residence status is granted. For example, if you are obtaining a green card through employment, your spouse and your children under the age of twenty-one will also be eligible for green cards. Current laws provide relief in many instances where a child reaches the age of twenty-one while his or her parent's application for an immigration benefit is pending. However, those laws are complex, and consequently, you will want to consult an attorney to determine how they apply to your child, and if they do not, what is the most expeditious method of processing your paperwork.
If you are obtaining a visa or green card based on an employment offer, but your prospective employer has not offered to handle the immigration process. The process of obtaining a visa or green card based on employment offers is complicated. Failure to follow procedures correctly can result in lengthy delays.