What is immigration and why do you need an immigration lawyer

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why need an immigration lawyer

Immigration involves moving from one’s native country to another country for the purpose of education, work or even settling there. The laws of immigration differ from country to country and each country may have their own specific laws for immigration. Generally speaking, the whole process where one starts to apply for moving from their home country to the country they intend to settle in is all a part of immigration process. 

There may be various reasons why one might choose to leave their own homeland and relocate to another land. Some of the most common reasons are

  1. Reuniting with a family member or even a foreign fiance/ partner.
  2. For work purposes, either to find work or being already an employer within a specific industry
  3. Political or religious asylum, seeking protection from any kind of political or religious persecution that one might be facing in their own country.
  4. Escaping from a natural or war calamity in one’s own country or seeking to change one’s life after experiencing a disaster in one’s own country.
  5. Hoping to have a fresh start or change in life and voluntarily changing one’s surroundings.

Everyone may have their own personal reason for such a choice. This reason is the major driving force behind the whole process of immigration and therefore it dictates the process that is specifically associated with that reason. A person immigrating for work may go through a different process compared to a person immigrating for a fiance. The reason may affect the whole process and whether or not you would attain an immigration status change. Moreover it also affects the timing of the process and how long it would take for an immigration status change.

What is illegal immigration?

Illegal immigration, as the name implies is an unlawful process by which people may migrate from their own home country to any other country. Illegal immigration can be further explained by different countries in different ways, however, in US. Illegal immigration implies the following:

  1. When someone enters a country without having proper documentations for it
  2. When someone uses fraud to secure the documentation to enter another country
  3. When someone forges their documents and appears to have permission to enter another country based upon that forgery.
  4. When someone stays in the country even after their visa has expired.
  5. When someone re-enters the country after being deported from it

Different countries may uphold many other requirements for legal immigration and may deal with Illegal immigration diffrently as well. When someone is found to be an illegal immigrant they are likely to be dealt with in accordance with the regulations of that country. In US, if someone if found out to be an illegal immigrant by the immigration lawyer then they make take the following steps:

  1. The illegal immigrant will be notified regarding the plans of their deportation by the country.
  2. A deportation hearing will be conducted and the individual will be given a chance to present their case in front of a judge in the immigration court. 
  3. Depending upon the court’s decision, the individual may be deported back to their own country
  4. In case that person tries to reenter the country illegally even after being deported, then may be permanently banned from ever getting the permission to enter legally as well. Moreover the country will not grant them a deportation hearing and will immediately remove them from the country as well.

People that may be accused of being an illegal immigrant may often need professional help. It is very important for such people to work with a proper experienced immigration attorney that actually protects their rights and helps them through the process. Even when the odds are against them, a proper immigration attorney can at least help resolve the matter while keeping the interest of their client in consideration.   

Who are immigration lawyers and what role do they play?

Immigration lawyers are specialists in the field of immigration laws. Compared to other types of lawyers they have a rather unique role to play. They interpret the immigration law and analyze the rights and strategies that help their clients to go through the process of immigration. They may help you understand your rights and how to exercise them when it comes to immigration. Immigration lawyers are specialists that are able to help you deal with all matters regarding immigration and nationality. They know how to practice your rights and the methods to use in order to protect you, including securing immigration for you based upon work and even upon human rights claims. They know how to make things work in your favor. 

An immigration lawyer ensures that you have a better understanding of the whole process that you are going through. They may break down the whole process into understandable bits so that you can prepare yourself accordingly. Moreover they can also help you in the preparation of paperwork on your behalf which can actually save you a lot of time. Moreover it can be actually reassuring for a lot of people who may not be well familiar with the process and may be afraid of mistakes. An immigration lawyer can help you organize and validate your documents professionally. 

An immigration lawyer being an independent practitioner of immigration law can actually help you with a wide range of issues with visas, green cards, citizenship and other immigration rights and benefits.

When to call an Immigration Lawyer

There might be a multiple reason why the need to call an immigration lawyer may arise. The major reason why you’d need to call an immigration lawyer are

  1. Lack of information about your eligibility for a green card or any other immigration benefits.Consulting with a professional can help you exercise your rights properly
  2. You may be concerned for some reason that you cannot enter the other country or are inadmissible for any reason. An immigration lawyer can help resolve such issues.
  3. You want to request for a discretionary relief like seeking an asylum or waiver. This may involve persuading the immigration authorities. A professional may know better tactics to convince them into making exceptions for you and even help you in getting benefits that may not ordinarily be given to another applicant in a similar position.
  4. There are complications in the case of obtaining a green card or citizenship. You may have even been asked for additional evidence in some cases. A good attorney can help you in resolving those difficulties. 
  5. There may be an emergency situation involving an immigration matter that you need help with
  6. You are getting deported or have been notified about removal proceedings. Deportation and Removal proceedings are one reason that you may be in an immediate need for an immigration lawyer.  
  7. You are already deported and may need to apply again in order to return. An immigration lawyer can help you with your case.
  8. Your immigration application has been denied due to some issues. A professional is more capable of doing solid work. 
  9. You have committed a criminal offense and want to seek asylum by entering the US or by protecting yourself from being removed from the US.
  10. You are planning to work with an employer in the US and plan to move there. However they have not assisted you with the process of immigration. In such cases an immigration lawyer can help present your case in their stead.
  11. An investment based visa may require the help of an immigration lawyer in order to present your case more effectively.
  12. You are simply overwhelmed by the whole process and do not have a clear understanding of the documents that you may need to prepare. Assembling and organizing documents can not only be a hassle but also very confusing and time taking. An immigration lawyer can help you save time in preparing the relevant documents and getting them validated.

These are a few reasons why you may need to call for an immigration lawyer. There may indeed be other complex reasons like marriage to a foreigner or a problem with another family member as well. However the main gist of it all is having a professional by your side when it comes to the issues of immigration. 

What to expect at the initial meeting with an immigration lawyer

While meeting with an immigration lawyer, you may find yourself worried about what they might expect from you. Indeed there are a few things that you may need to consider beforehand. Most of the immigration lawyers do charge you a flat fee for initial consultation. They may meet with you and talk to you about how they could help you out if they are hired. There are lawyers that do offer a free consultation too. Moreover you should also consider consulting multiple attorneys for your case before choosing one to represent you. 

The second thing you may need to consider is to bring along all your personal documents that may be relevant to your immigration situation like your passport, visa, any marriage certificates or criminal records or even any notices from immigration authorities based upon your own unique personal situation. Only by accessing the situation from the relevant documents can they suggest proper measures.

Thirdly, come prepared. The lawyer is likely to ask you a number of questions while they take notes and evaluate your documents. You should be able to answer their questions honestly and accurately in order to get proper and relevant advice. They will further guide you over the other documents that they may need or you may need to apply for. 

This meeting is basically your chance to consult all your issues depending upon your circumstances, so avoid holding back information or giving unpleasant surprises to your attorney later. Do remember that your attorney is duty-bound to keep your information confidential so don’t lie or hide information for them or they really can’t help you.

Conclusion

Immigration is a serious method and even if you may not intend to do it, you may still fall into frauds based upon lack of knowledge. It is better to seek professional help so that mistakes can be avoided in the first place. Issues like incorrect information on the application forms for immigration can actually make the process way more complicated than you think. Therefore, to avoid such hassles, you need someone that has the appropriate knowledge to deal with it. For the sake of your own peace and mind, it is better that you go for having a proper professional by your side when dealing with immigration issues. 

Consult Orange County Immigration Attorney today for handling your immigration issues professionally so that you can have some peace of mind with your immigration plans.   

 

See also  Types of Criminal Laws

 

1 COMMENT

  1. My neighbor who has been living in our neighborhood for a decade has recently received a deportation notice and is really worried since she doesn’t know what to do. I’m really glad I found this article since with it I feel like I can help them even a little bit. It’ll be good for her to know what to expect when she meets with an attorney and so she knows to bring all the necessary documents. I’ll go over this article with her and help her with finding a good immigration lawyer and hopefully they can fix her case for her.

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