What Is the Role of an Immigration Lawyer?

There are some situations in which hiring an immigration lawyer is actually necessary. Some of the most common examples of these situations include, but may not be limited to:

* Crime Conviction: If the immigration applicant has been convicted of committing a crime, they will need to work with an immigration attorney. Nearly every USCIS form requires that the applicant divulge whether they have been convicted of a crime. The applicant must disclose their entire criminal record, including charges that were dropped or later expunged. An immigration lawyer will be aware of how immigration and criminal laws overlap each other, thereby eliminating the need for a separate criminal defense lawyer;

* Application Denial: An immigration lawyer will be needed if the applicant’s prior immigration applications have been denied. Their attorney will determine why the application was denied, and determine whether it is possible to appeal the application or reapply at a later date.

* Previous Deportation: An applicant will need to hire an attorney if they have previously been deported, or excluded from entry into the United States. This is because deportation or exclusion can sometimes mean that the applicant is permanently banned from future applications. An immigration lawyer would be able to determine whether that is the case, and advise the applicant regarding the effects of deportation and exclusion;

* Medical Condition: Some medical conditions, generally communicable diseases, can prevent a person from being granted entry into the United States. An immigration lawyer will be able to help applicants determine whether their medical condition will render them ineligible, and what their options are;

* Unreasonable Wait Time: When an applicant has been waiting for an unreasonably long time during the application process, they should hire an immigration attorney. Because immigration attorneys are familiar with the application process, they are also familiar with deadlines and expected wait times. The attorney may be able to help the applicant in terms of obtaining expedited or rush processing;

* Employer Non-cooperation: If the applicant is applying for an employment-based visa, but their prospective employer is not assisting with related issues, the applicant should hire an attorney. An immigration lawyer can help ensure that future employers fulfill their obligations to the applicant as promised;

* Terminated Marriage: An attorney will be necessary if the applicant was married to a United States citizen, but the marriage was terminated before the applicant was able to remove certain conditions from their permanent resident status. Generally speaking, visa applications that are based on a marriage are jointly filed. As such, if the marriage was terminated because of death or divorce, it may be especially difficult to prove that it was not a fraudulent marriage;

* Recently Divorced: A similar situation would be if the applicant would like to adjust their permanent resident status, but is recently divorced and is married to a different United States citizen. The first marriage may be suspected of being a scam; as such, an immigration lawyer could help prove that the first marriage was actually legitimate; and/or

* A Child Under the Age of 21: Eligibility for permanent resident status differs based on the immigrant’s age, and requirements are different for children under the age of 21. If the applicant is coming with their family, and their child might reach the age of 21 before being granted permanent resident status, an immigration attorney can provide advice regarding the best method for filing for children of applicants.