advice from an immigration attorney when victim

How to Protect Yourself from Becoming a Victim DO NOT sign blank applications, petitions or other papers. DO NOT sign documents that you do not understand.

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Do I need an immigration lawyer for my case?

Jan 30, 2022 · Many immigrants are fearful of admitting that they have been a victim of a crime in part because they believe they will be removed (deported) from the United States if they report the crime. U.S. law provides several protections for legal and undocumented immigrants who have been victims of a crime. There are specific protections for victims of domestic violence, …

How do I talk to an immigration attorney?

Can a victim of domestic violence apply for legal immigration status?

What should I do if my immigration attorney denies me benefits?

Jan 11, 2011 · Under U.S. law, any crime victim, regardless of immigration or citizenship status, can call the police for help or obtain a protection order. Call the police at 911 if you or your child(ren) are in danger. The police may arrest your fiancé(e), spouse, partner, or another person if they believe that person has committed a crime.

1. They Know the Law

There’s no better place to get immigration advice than someone that specializes in that area of law. As you likely already know, immigration laws are complicated and can be difficult to understand.

2. They Know the Requirements

In addition to there being a number of immigration laws, there are also many requirements you need to fulfill to successfully get a U.S. visa. While some of these requirements can be found online, many of these are vague and don’t offer enough information to know if you meet the requirements.

3. They Know How to Put Everything Together

Although having everything organized isn’t the most important part of the visa application process, doing things right even in this small way can help you get your immigration visa.

4. They Know How the Information Needs to be Presented

Do you know which of your documents need to be translated or where to get your documents translated? What about materials that need to be certified by lawyers?

5. They Know How to Present Your Case

From the moment you walk into the immigration office to present your case, you will be judged.

6. You May Only Have One Shot

The unfortunate truth is that if you don’t succeed in getting your visa approved the first time you go, you may not get another chance to apply. This is sadly true for some of the people that are not successful the first time around.

7. They Can Speed Up the Process

There are several ways that getting help from an immigration lawyer can help speed up the immigration process.

What to do if I don't get a decision on my I-751?

Citizenship and Immigration Services (USCIS) hasn't made a decision on your Form I-751, Petition to Remove the Conditions of Permanent Residence, you should submit a letter to the agency asking to withdraw the joint petition, and also refuse to attend any scheduled interview.

What does it mean to have a family law attorney?

More than anything, it sounds like you need a family law attorney licensed in your state to help you to end your marriage on terms that are favorable to you. Your divorce or annulment proceedings will determine issues of property division, child custody, and child and spousal support.

Can an immigrant victim of domestic violence be eligible for immigration protections?

An immigrant victim of domestic violence may also be eligible for immigration related protections. If you are experiencing domestic violence in your home, you are not alone. This fact sheet is intended to help you understand U.S. laws and know how to get help if you need it. Q2.

Can a domestic violence victim seek help?

Any victim of domestic violence – regardless of immigration or citizenship status – can seek help. An immigrant victim of domestic violence may also be eligible for immigration related protections. If you are experiencing domestic violence in your home, you are not alone.

What are the rights of domestic violence victims?

Q2. What are the legal rights for victims of domestic violence in the United States?#N#A2. All people in the United States, regardless of immigration or citizenship status, are guaranteed basic protections under both civil and criminal law. Laws governing families provide you with: 1 The right to obtain a protection order for you and your child (ren). 2 The right to legal separation or divorce without the consent of your spouse. 3 The right to share certain marital property. In cases of divorce, the court will divide any property or financial assets you and your spouse have together. 4 The right to ask for custody of your child (ren) and financial support. Parents of children under the age of 21 often are required to pay child support for any child not living with them.

What is domestic violence?

A1. Domestic violence is a pattern of behavior when one intimate partner or spouse threatens or abuses the other partner. Abuse may include physical harm, forced sexual relations, emotional manipulation (including isolation or intimidation), and economic and/or immigration-related threats.

Can men be victims of domestic violence?

While most recorded incidents of domestic violence involve men abusing women or children, men can also be victims of domestic violence. Domestic violence may include sexual assault, child abuse and other violent crimes.

Is domestic violence illegal in the US?

Under all circumstances, domestic violence, sexual assault and child abuse are illegal in the United States. All people in the United States (regardless of race, color, religion, sex, age, ethnicity, national origin or immigration status) are guaranteed protection from abuse under the law. Any victim of domestic violence – regardless ...

Why are immigrants so vulnerable?

Immigrants are particularly vulnerable because many may not speak English, are often separated from family and friends, and may not understand the laws of the United States. For these reasons, immigrants are often afraid to report acts of domestic violence to the police or to seek other forms of assistance. Such fear causes many immigrants ...

What does an immigration attorney do?

A good immigration attorney can investigate your case, review any submissions for errors, and determine whether or not your original attorney was licensed to practice law. If you do not act quickly, you might miss deadlines that apply to new applications or court filings based on ineffective assistance of counsel.

What does it mean when an attorney denies an immigration case?

A Denial Does Not Automatically Mean Your Attorney Made Mistakes. If you received a denial of your immigration case, appeal, motion, or application from the U.S. government, your attorney might seem like the natural person to blame. But don't be too quick to assume that your attorney made mistakes just because you did not receive ...

What is considered ineffective representation?

To be considered "ineffective," the attorney's poor performance (or lack of performance) must have materially affected ...

Is a simple mistake an ineffective assistance of counsel?

Still, a simple mistake is not necessarily "ineffective assistance of counsel" or even evidence of malpractice. If your attorney made a small mistake that was not the reason for the denial of your application, it will likely not be enough to rise to the level of ineffective assistance of counsel. For example, if your attorney included your ...

What happens if your lawyer isn't a lawyer?

What Happens If Your Lawyer Wasn't Really a Lawyer at All. In some cases, the "lawyer" might not have been a licensed attorney in the first place. These "immigration consultants" are also known as notarios in the Spanish-speaking community. An immigration consultant could have made mistakes in your case or even charged you lots ...

Can an immigration consultant make mistakes?

An immigration consultant could have made mistakes in your case or even charged you lots of money to apply for benefits for which you did not qualify, which put you at risk of being placed into removal proceedings.

Can you reopen a case if you knew your representative was not licensed to practice law?

Unfortunately, the courts have held that if you knew that your representative was not licensed to practice law and you hired him or her regardless, you cannot reopen your case based on "ineffective assistance of counsel.".

What information do you need to get an immigration lawyer?

Bring any forms the lawyer asked you to complete. These will usually include basic information, such as name, date of birth, and address. In addition, you should bring or send ahead copies of all documents related to your immigration case.

Can immigration cases resolve quickly?

Immigration cases typically don’t resolve quickly. It’s important to be realistic about how long your specific case will take to move through the U.S. immigration process. Your lawyer should be able to create a plan of action that will give you a tentative timeline.

Can immigration cases vary?

As noted, immigration cases can vary greatly depending on the situation. For this reason, it’s helpful to have a lawyer who has worked with people in similar circumstances. Ask about the strategies used in those cases and whether the same approach could work for you. 2.

Can a lawyer guarantee a case will go in your favor?

This is an important question. While no lawyer can guarantee that a case will go in your favor, they should be able to give you an idea of whether or not you have a good chance of a successful outcome.

Is immigration a business?

Immigration is a busy business. Millions of non-U.S. citizens deal with immigration-related issues every year. A good immigration lawyer may have a lot of clients to manage at one time, so it’s important to know who else will work on your case.

How to contact ICE detainer?

Call 800-528-4044 for a FREE consultation on how to handle an ICE Hold or ICE Detainer with an Immigration Lawyer at Dunham & Jones.

Can you be deported if you have been placed into removal proceedings?

If you have been placed into removal proceedings or scheduled for a court hearing with an immigration judge, please reach out to an attorney as quickly as possible. Every hearing in front of an immigration judge, even your first hearing, can result in you being deported.

What is family based immigration?

The family-based immigration process typically has two or more family members involved. The family member requesting the visa, known as the petitioner; and the non-citizen family member is seeking legal immigration status, known as the beneficiary. The Petitioner must be a United States citizen or legal permanent resident. In certain cases the beneficiary may also have a spouse or children that can use the family-based immigration process as derivative beneficiaries of the primary beneficiary.

What is the Violence Against Women Act?

The Violence Against Women Act, also known as VAWA, provides many protections for immigrant women and men. VAWA was originally signed into law in 1994 and included provisions to allow noncitizen victims of domestic violence to obtain immigration relief separate from their abusive spouse or sponsor through “self-petitioning.” In 2000 the Battered Immigrant Women Protection Act was passed, and it created additional new forms of relief for noncitizen victims of violent crime as well as victims of sexual assault or human trafficking. There was an additional expansion of these protections in 2005 with the Violence Against Women Act of 2005 was passed. This bill included some protections for victims of elder abuse as well.

What time do you call a lawyer?

Select the best time for you to receive a follow-up call from a lawyer after your question is answered. ( Required field) Morning (8:00AM to 12:00PM) Afternoon (12:00PM to 5:00PM) Evening (5:00PM to 9:00PM) Other. AM PM.

Can I sponsor my fiance on an I-129F?

A fiance visa sponsorship requires that the couple meet in person within 2 years of filing the I-129F. She can travel to the USA or you can travel to meet her in the Phillipines. USCIS has a strict policy and there are very few execptions to this rule.

What to do if your spouse files a case against you?

If you think your spouse might file a case against you, tell the immigration lawyer that as well. It might make sense for you to be the first one to file something in the immigration case. If you and your spouse agree that you should divorce, and you agree on all divorce-related issues, it will be easier to finalize.

What does an immigration evaluator look for in a child's case?

The evaluator may look at immigration status through the lens of what is in the children's best interest. Family Court Services gives the court a report with recommendations for your case. If you tell an evaluator your immigration status, the info may end up in the report to the court.

What happens if you have a protection order?

If you have a protection order case or family law matter, you may have immigration questions or concerns. People who are abusive often use immigration status to control their partners. Read this for basic answers to some common questions. #8105EN

Can my partner disclose my immigration status?

Your partner might try to disclose your status in open court (at a hearing). Under court rules ( Rule of Evidence 413 ), your partner's lawyer is not supposed to be able to bring this up in open court. Instead, he must file a motion asking for court permission to ask about your immigration status.

Can an evaluator hold your status against you?

It is possible an evaluator could hold your status against you in the evaluation. You can try to help an evaluator understand how your abusive partner uses your immigration status against you as part of their control, if that is true. Your status might also figure into what you need in a parenting plan.

What to do if you are at risk of being deported?

If you are at risk of being deported, you should create a plan for your children's care. An advocate can help. See contact info at the end of this fact sheet. You can also use Children Safety Planning & Temporary Parental Consent Agreements.

Can you get a U visa if you are deported?

You could lose your right to stay in the U.S. if you divorce or your spouse is deported. You might be eligible for a U-Visa that lets you stay in the U.S. if you are a victim of certain crimes, including domestic violence, and you cooperate with law enforcement in the investigation or prosecution of that crime.