Immigration law is a complicated process that no one should attempt independently. Unfortunately, the law is so complex that most people aren’t clear about their rights.
If English isn’t your first language, it can be even more difficult. But how do you know when it’s the right time to hire someone for your case?
Not all immigration cases need a lawyer. For those who are planning to visit the United States for a vacation for a minimum of 90 days, you’ll be safe to enjoy your stay without the need for legal assistance. Depending on the country, you may simply need to apply for a visa.
Let’s take a look at some of the reasons why you may need to hire an immigration lawyer.
1.A U.S. Citizen Is Marrying Someone Outside of the Country
In the case of international marriage, the process can get rather complicated. If you are a United States resident who intends to marry someone who lives in another country, you’ll need the help of an immigration lawyer.
This is often the case if the person from outside of the U.S. is planning on moving to the country after the marriage.
A K-1 visa (also known as a K-1 fiance visa) is what allows a non-U.S. citizen to enter the United States to be married. Then afterward, the new spouse can apply for a green card.
2.An Employer Wants To Hire A Worker Outside the U.S.
A special visa application is required for anyone who intends to work in the United States. An employer must sponsor a worker to obtain their green card through the PERM process (Program Electronic Review Management). This is how the employee can obtain their Labor Certification.
The ETA Form 9089 is what’s used for the PERM application. It’s unfortunately more complicated than a business owner may have the ability to navigate.
One small mistake and the application can easily be denied. An immigration lawyer ensures they are done correctly and can potentially help expedite the process.
3.You’re Currently In Immigration Court Proceedings
If you are a person who has been notified of deportation from the United States or are currently in the middle of immigration proceedings, you should hire an immigration lawyer.
This applies to anyone who immigration authorities have detained, has had their USCIS (U.S. Citizenship and Immigration Services) application rejected, or has been accepted to an asylum hearing in the U.S.
In many of these situations, the entire situation is left up to the court. The sooner you have an immigration lawyer, the faster you’ll have someone representing you that can make certain appeals or file different applications to assist you in the process.
4.There Are Delays In Your Immigration Status
Immigration as we know it is one of the least overseen government departments, which means the USCIS or the consulate can take its time with any processes. Approval of applications can often be delayed which is why many people seek the help of an immigration lawyer.
Immigrants who have received their green cards but need to transfer to another city within the country are a great example that tends to fall through the cracks. Their green card needs to be transferred to their new city’s USCIS office.
But unfortunately, nothing ends up happening a lot of the time. Immigration lawyers don’t always have a lot of capability in assisting with these matters. But they may have access to someone within the USCIS they can get in direct contact with to help.
5.You’ve Been Denied Access To The United States
The most common reason why someone seeks out the legal assistance of an immigration lawyer is because their application has been denied or has been found inadmissible into the U.S.
There are several reasons why the U.S. chooses to keep someone out of the country. Things such as previous criminal charges or financial instability are only skimming the surface.
Take a look at some of the reasons people are seen as inadmissible into the U.S. that could impact your application and make sure to speak with a lawyer immediately.
They can help you through the application process and give you thorough insight into the likelihood of your application being accepted or denied.