what do you need a immigration attorney for

by Kyla Homenick 9 min read

There are several situations where you would benefit from the assistance of an experienced immigration attorney:

  • If you have been deported but want to come back to the U.S., an immigration attorney can assist you in the application to return.
  • An immigration attorney can answer questions about your green card eligibility
  • To help when you are having difficulty to get a USCIS green card, visa, citizenship or other benefits
  • You have an emergency matter concerning immigration

You will definitely want to consult with an attorney who practices immigration law if: you are uncertain about your basic eligibility for a green card or other immigration benefit. you have received government assistance while living in the U.S. or are concerned that you might be inadmissible for some other reason.

Full Answer

Why do I need an immigration lawyer?

Why? Because immigration law provides you with a foundation to represent people who have immigration matters to resolve, but it also allows you to recognize how a person's immigration status might impact them in many seemingly unrelated ways.

Do I need a lawyer to get a green card?

U.S. Immigration law does not require you to have a lawyer represent you for a green card. If you are already married, then the person who is already a U.S. citizen will petition for their partner. If this is the case, you must fill out three forms for a marriage green card.

How much does a US immigration lawyer cost?

An immigration lawyer charges between $150 and $300 per hour, with a typical 30-min consultation fee of $75 to $150. Legal assistance when filing basic immigration forms costs $250 to $800, while green card assistance runs from $800 to $5,000, plus the USCIS fees of $460 to $700.

What are the 4 types of immigration?

To begin with, let's look at the four types of immigration status that exist: citizens, residents, non-immigrants and undocumented. The characteristics of each status are explained below.

Can immigration lawyer speed up process?

The immigration process can be intimidating and take a long time, but hiring an immigration attorney to support you with your case can speed up the process and help you meet your goals.

Do you automatically get a green card when you marry a U.S. citizen?

The beneficiary, or person who is applying to receive a green card, is generally automatically eligible to receive a green card once they are lawfully married to a U.S. citizen or green card holder.

How much does a lawyer cost to get a green card?

between $3,000 and $7,000(Many, but not all cases require an in-person interview; and it's pretty much guaranteed in marriage-based applications.) Expect to pay the attorney somewhere between $3,000 and $7,000 in total—in addition to the application fees described above.

How much is it to get your green card?

How much does it cost to apply for a green card? The government filing fees for getting a family-based green card is $1,760 for an applicant living in the United States or $1,200 for an applicant living outside the United States.

Can you self apply for green card?

Most people who apply for a Green Card will need to complete at least two forms—an immigrant petition and a Green Card application (Form I-485). Someone else usually must file the petition for you (often referred to as sponsoring or petitioning for you), although you may be eligible to file for yourself in some cases.

Can a lawyer get you a green card?

A green card lawyer will first have to determine that you're eligible through the specified criteria before you can petition the U.S. government for lawful permanent residency. The criteria that will be analyzed is as follows: Your Familial Relationships. Your Employment Status.

How much does it cost to get a green card in the United States?

How much does it cost to apply for a green card? The government filing fees for getting a family-based green card is $1,760 for an applicant living in the United States or $1,200 for an applicant living outside the United States.

How long does it take to get a U.S. green card?

It takes 7 to 33 months to process a Green Card application. Family Preference Green Cards processing takes from 1 to 10 years depending on the wait time and yearly caps. Employment Based Green Cards processing could be from 1 year for visas that have a low demand to 4 or 6 years for visas with very high demand.

1. You are facing removal proceedings or deportation

This is an urgent matter because your worst enemy here is time. An expert lawyer in immigration laws can help you navigate this scenario, especially if there is a notice to attend court proceedings. The stakes in this situation are high, and without a lawyer to fight for your case, there is a big possibility of an adverse ruling over your petition.

2. You have been deported and want to return

For this matter, you need an excellent immigration lawyer to help you return to the U.S. Your lawyer will create a plan of action to guide you through the process of re-applying. He will be your greatest ally during this period, so make sure to invest in hiring an expert attorney with a history of winning similar cases.

3. You are worried about the delay in your application

While the immigration process is slow, when your application is pending beyond the normal period, it is time to act. An immigration attorney will help you find out what is causing the delay and resolve whatever discrepancies in your application. Yes, you can do it on your own but it would be a difficult, tiring, and sometimes frustrating ordeal.

4. You are relocating to work

If your U.S. company is offering an employer-sponsored visa as part of the job package, you need an experienced immigration lawyer to help you since it is a more complicated process. You will be required to submit a lot of supporting documents to qualify for the visa.

5. You want to invest and start a business

The application process for an investor visa can be complex and time-consuming for a busy entrepreneur, so why not hire a lawyer to help through the process. Your hired attorney will help you prepare the proper documents, give you professional advice, and guide you throughout the entire procedure.

6. You have committed a crime or have been accused of a crime

Whether you are wrongly accused or have committed a criminal act, an immigration lawyer can help you from being deported or jeopardizing your immigrant status in the country. When picking the right one, check the list of similar cases he represented.

7. You are looking for asylum or needing discretionary relief

When the possibility of being deported is high, seeking assistance from an immigration lawyer is your best option. He will determine if you can qualify as a refugee who needs a safe asylum against persecution from your native home.

What is an immigration lawyer?

An immigration lawyer is an independent practitioner (unconnected to the U.S. immigration authorities) who helps clients deal with a wide range of issues relating to visas, green cards, U.S. citizenship, and other immigration benefits.

When Don't You Need an Immigration Lawyer?

Not all immigration issues require consultation with an immigration lawyer. For example, if you merely wish to visit the United States for a vacation, and are sure you will be ready to return in 90 days, you might not require any visa at all, but could (if you're from one of the countries on the list) travel on the Visa Waiver Program.

How much does an immigration lawyer charge?

Most immigration lawyers will charge a flat fee (often around $100) to meet with you and talk over whether and how the lawyer could, if you hired him or her, help you out. A few offer a free first consultation. You will probably want to meet with more than one attorney before choosing one to represent you.

What does it mean when you need emergency help with immigration?

you need emergency help with an immigration matter. you have been notified that deportation or removal proceedings are being started against you. you have been deported from the U.S. and wish to apply to return. you have had an immigration application refused or denied in the past.

Is immigration law complex?

U.S. immigration law is incredibly complex. In many cases, hiring an attorney can save you time, aggravation, and even money.

Do immigration lawyers charge hourly fees?

However, for less predictable types of legal services, such as representation for an immigration court hearing (which could turn into several hearings), the lawyer is more likely to charge you at an hourly rate. Also see What Immigration Lawyers Report About Their Fees and Free Consultations.

Can an attorney lie on behalf of a client?

Realize, however, that the attorney's role does not include lying on behalf of a client. If, for example, someone tells an attorney, "I need help preparing paperwork for my fake, green-card marriage," the attorney (assuming he or she is reputable, some are not) will have to tell the client to go elsewhere for help.

How complicated is an employer sponsored visa?

Employer-sponsored visas tend to be more complicated than family-based cases and can easily require hundreds or even thousands of pages of supporting documentation. A few large companies that hire many foreign workers have inhouse staff dedicated to preparing immigration cases, but most companies do not have anybody on staff who is very knowledgeable about immigration law. Employers often do not have a clear idea if someone is likely to qualify for a visa, which one is the best choice, the application process or the type of evidence required. Rather than assign such a high stakes task to an employee who has to try to figure this all out, it makes more sense to hire an attorney who has likely handled dozens of similar cases.

Can an immigration lawyer be deported?

If there is ever a time to find an immigration attorney, this is it . The stakes here are extremely high and a ruling against your case can mean deportation . If your immigration case ends up in court, you should assume that it is too complicated for a lay person to handle. Immigrants who have legal representation are significantly more likely to prevail in court. While immigration courts have always been daunting, they have become even less immigrant-friendly during the past few years.

What is immigration lawyer?

Immigration lawyers specialize in the resolution of legal issues related to immigration, such as naturalization and visa renewal. They must keep themselves informed on new policies and legal changes, many of which come from the federal government. Immigration lawyers may work for a firm or set up their own practice. They may specialize in working with immigrants from a particular country or region so they are able to become experts. The following chart gives you an overview of what you need to know about entering this field.

How long does it take to get a bar license?

You'll need to pass the bar exam to obtain licensure in the state where you intend to practice immigration law. According to the BLS, most states give a 6-hour Multi state Bar Examination, which tests you on several areas of law.

What is an immigration lawyer?

As an immigration lawyer, you specialize in resolving immigration issues such as citizenship denials cases, obtaining visas, and appealing citizenship denials. You are also responsible for assisting clients with immigration paperwork, relocating businesses outside the country, and advising clients of the process of becoming U.S. permanent residents or citizens.

What is the best way to get practical experience in immigration law?

You may want to consider attending a law school that has an immigration clinical program. Immigration clinical programs allow law students to get practical experience in immigration law before they graduate. Check to see if the schools you want to attend have a clinical law program.

What is the best way to meet practitioners in the immigration field?

Join college and professional organizations such as the American Immigration Lawyer Association (AILA). Professional organizations are a great way to meet practitioners in the field.

How much does it cost to go to law school?

Consider the costs of attending law school. Law school tuition has increased dramatically and can cost over $50,000 a year. Apply for financial aid and think about what your living expenses will be at your law school. Some cities are far more expensive than others.

How to get into law school?

Pick a major that you're interested in. There's no pre-law undergraduate major, so law schools don't require you to have a certain major to gain admission. Take useful classes. The best classes to take will emphasize writing, reading, and critical thinking. Foreign language classes can also be helpful.

Where did the majority of immigrants come from in 2013?

Large numbers of immigrants also came from Vietnam, China, the Philippines, India and Korea. Immigration to the US from Asian countries has continued to grow for several years and represents the largest group of immigrants to the US.

Do law schools put a lot of weight on volunteer work?

Law schools also place a lot of weight on the amount of volunteer work you do before, during and after you are working on your undergraduate degree.

How Long Does it Take to Become an Immigration Lawyer?

In order to become an immigration lawyer, it is necessary to complete a 4-year bachelor's degree, as well as a 3-year Juris Doctor (J.D.) degree, following the exact same steps to become a lawyer of any other variety. After completing the necessary immigration lawyer education, graduates will have to pass the bar exam in order to receive a license to practice law.

How much do immigration lawyers make?

However, Payscale.com also reported that first year immigration lawyers make on average $55,550 each year, with that number increasing with experience. Those with 10 years of experience are reported to make an average of $96,033 annually.

What do you learn in law school?

Once at a law school, students will take courses in law, court procedures, and ethics. As they advance through the program, students will be presented with the option to develop specialties and focus on taking courses that will help develop the skills and knowledge in that particular area. It is at this point that an aspiring immigration lawyer would begin to study immigration law. Courses in immigration law might include topics such as:

Do immigration lawyers work for the government?

Immigration lawyers can also work for the federal government. Lawyers will also have to complete continuing education in order to remain in practice. Continuing education requirements and the periods between renewal can vary from state to state, so lawyers should be sure to consult with their state's bar association on these requirements.

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