Common and Complex Issues an Immigration Lawyer Can Help Solve
The immigration system is complex and ever-changing. What may have been a straightforward issue for your neighbor or coworker could be a common and complex legal issue that an immigration lawyer can help solve.
Agents at U.S. Citizenship and Immigration Services (USCIS) handle many details involved with any application or petition. A lawyer can help an applicant or petitioner understand the purpose of each form and determine if additional forms of evidence may be required to complete a case correctly.
Perhaps you know someone who has been issued a Notice to Appear (NTA). The NTA begins removal proceedings against that person and tells him when and where to appear in court. Or you may know someone who has been arrested and is facing deportation.
Everyone’s situation is unique, but you can learn more about some of the most common and complex issues an immigration lawyer can help solve below.
Common Immigration Issues You May Face
An immigration lawyer can help resolve many legal issues that applicants, petitioners, and beneficiaries encounter when formulating immigration applications or filing immigration petitions.
For example, an immigration lawyer may be able to help you with the following issues:
Asylum
An experienced immigration attorney can advise you on when and how to apply for asylum in response to persecution in your native country based on race, religion, nationality, political opinion, or membership in a particular social group.
Citizenship and Naturalization
An immigration lawyer can help you prepare the forms and documents required to apply for naturalization or pursue citizenship through another means such as descent.
Deportation & Removal Proceedings
An experienced immigration attorney can work with you in an attempt to stop deportation proceedings if you no longer have a legal basis to remain in the United States.
DACA
An immigration lawyer can help you determine if you meet specific criteria for DACA and then file an application with USCIS on your behalf. An experienced attorney can also review a DACA application submitted by someone else on your behalf, as well as an advocate before an immigration judge during any removal proceedings that may result.
Adjustment of Status
An immigration lawyer can help you determine if you are eligible to apply for permanent residency or another type of immigrant status in the United States and then file an application with USCIS on your behalf. An experienced attorney can also review an adjustment of status application submitted by someone else on your behalf, as well as an advocate before an immigration judge during any removal proceedings that may result.
Border Issues
An immigration lawyer can assist you in determining if you are eligible to apply for immigration benefits while also ensuring that your stay in the United States is lawful and within certain limitations.
Common Issues Applicants & Petitioners May Face
All applicants and petitioners face a variety of issues when filing their initial application or petition with USCIS.
Many of the immigration issues that applicants and petitioners deal with daily are not complex, but some can be. An experienced immigration lawyer can help you understand the purpose of each form and determine if additional forms of evidence may be required to complete a case correctly.
For example, some common issues applicants or petitioners can face include:
Lack of English proficiency may prevent you from understanding the questions and instructions on immigration forms. An immigration lawyer can help applicants who do not speak or read English fill out each form wholly and accurately, ensuring that no vital information is left out. For example, an attorney can assist a non-English speaker in filling out asylum or citizenship applications, protecting the individual’s right to seek relief.
Form Submission Timing is critical and forms are easily found online, but what if it isn’t filed correctly? Many immigration applications include specific filing deadlines for different types of relief. For example, an asylum application may only be considered if submitted within one year of an applicant’s last arrival to the United States.
Failing to file a form correctly or filing it after the deadline may result in removal against you. An immigration attorney can ensure that your documents are correctly filed on time, protecting you from receiving an order of removal if your case is denied.
Deciding to stay in the United States without a legal basis can result in a prolonged unlawful presence or even a bar against returning to the United States. For example, individuals who overstay their visa time limits may be barred from lawfully entering for between three and ten years after departing the U.S. An immigration lawyer can help individuals avoid such consequences by making sure they stay in the United States within the limits of their nonimmigrant status, and in some cases can even help individuals adjust their status to remain lawfully.
Failing to depart or reentering without inspection after receiving a removal order may result in significant consequences for applicants for lawful permanent residency who are time-barred from remaining in the United States. An immigration lawyer can help these individuals navigate obtaining a green card while also ensuring they do not accrue unlawful presence in the United States.
Failing to understand lawful permanent residency requirements and procedures may result in an individual remaining unlawfully present in the United States for years after becoming eligible to file for naturalization or citizenship.
Immigration Terms You Should Know
As you consider hiring an immigration lawyer, some standard legal terms related to the law of U.S. immigration might come to mind:
Form I-9 Employment Eligibility Verification
You must complete a Form I-9, Employment Eligibility Verification, to show proof of identity and authorization to work.
Form N-400 Application for Naturalization
Form N-400, Application for Naturalization, is used by lawful permanent residents (LPRs) who want to become U.S. citizens or are interested in changing their current immigration status.
Form I-130 Petition for Alien Relative
Form I-130, Petition for Alien Relative, is used by U.S. citizens to establish a family relationship with a relative who wishes to immigrate to the United States from abroad.
Notice to Appear (NTA)
A Notice to Appear (NTA) is a document issued by an immigration judge directing an alien to appear before the court on a specific date. The individual will be given notice of the charges against him or her and his or her rights at that proceeding.
The Law Offices of Rios, Parada, & Seañez are Ready to Help
There is a whole range of issues one may face when going through the process of immigrating to the U.S. It is best to consult with an immigration attorney as many questions can be answered and mistakes avoided.
When you hire us as your immigration lawyers, we’ll guide you through immigrating to the United States and help you avoid common mistakes that result in a denial of immigration applications. If you have questions or concerns about your immigration status, don’t hesitate to get in touch with our law firm’s experienced attorneys, today.