Miami FL – When you are applying for a green card or any type of immigrant visa in the United States, you are not required to have an immigration lawyer. Typically, if you are eligible for the benefits you are seeking, and have not been involved in any crimes, you could proceed without a lawyer and get a visa or green card with no problem. Overseas, lawyers cannot come with you to attend consular meetings, but they are allowed to prepare paperwork and have follow up communications with consulates. Although you are not required to have an immigration attorney, there are certain instances where it might be in your best interest to have one on your side to save you time and frustration. With Immigration law being so complex, I have compiled a list of 4 of the most common instances where having an immigration attorney makes sense.
1 Immigration Court Proceedings
An attorney should be consulted if you have been, or are currently involved in immigration court for deportation proceedings (removal). Have an experienced immigration attorney is important in this instance because your entire immigration situation is in the power of the courts – and by being in the proceedings you will not get anywhere trying to use the same application procedures as people who are not in proceedings. With President Trump cracking down on the immigration process, you want to make sure you are at a level playing field regarding your legal status; even if your proceedings are over, it is worth consulting with an attorney to find out how the outcome of your case might affect your application.
2 USCIS or Consulate Claims You Are Inadmissible
The most common obstacle a would-be immigrant can encounter is a claim by the consulate or USCIS that they are inadmissible. While there are numerous reasons why you can be inadmissible, there are some waivers available to help you immigrate in. Unless you have been involved in drug trafficking, drug abuse, terrorism, spying, or something else as egregious, there is a good chance you may be eligible for a waiver to help you immigrate and obtain legal status.
3 If You Are Overwhelmed by Forms and Paperwork
On top of immigration laws being very complex, they are perpetually which can add to the confusion. The simplest immigration applications involve filling out forms and any error(s) made on an immigration form can result in your application being delayed, returned, or rejected. Chances are that a good immigration attorney will have dealt with the paperwork that is overwhelming you, numerous times and have systems in place to process your application and paperwork without errors or delays.
4 If You Are Encountering Delays
You might feel like no matter what you do, you are not getting anywhere with the USCIS; this could be happening for multiple reasons. For example, there are multiple USCIS service centers; so, suppose you file a green card application in Jacksonville and then move to Miami. In this instance, your application should be moved to Miami, but what ends up happening is that the transfer is never made, causing your application to be delayed for months. Another common cause for a delay is that your paperwork was filled out incomplete or incorrectly, and these delays are not even factoring in President Trump’s ongoing actions and executive orders against immigration.
USCIS information officers are a great resource for getting basic information, such as where you need to file an application, or how much the fees will cost your, but make no mistake: the USCIS will not be held accountable for wrong advice given out by an information officer. When it comes to handling your legal status in the United States, you need to make sure you are getting accurate and trusted information for credible sources. Although you are not required to have a lawyer for a visa or green card, an experienced immigration attorney can help guide you through the process, simplifying the complicated procedures.