Immigration lawyers are professionally dedicated to helping those individuals who are facing challenges associated with immigration requirements.
The role of an immigration lawyer is typically that of an advisor who counsels foreign citizens and/or immigrants interacting with U.S. immigration authorities and officials. Immigration lawyers provide the necessary guidance for immigration matters that include –
- Visa applications
- Citizenship matters
- Green Cards
- Naturalization
- Deportation issues
- Employment for non-US citizens, among others.
Immigration lawyers spend less time handling civil cases when compared to other types of attorneys as the focus of their work involves mediation between a client and the United States Citizenship & Immigration Services (USCIS).
If you live in Kentucky, it is noted that when you hire an immigration Lawyer in Lexington, KY, they will often appear before an immigration judge for clients who must attend an immigration hearing. In addition, many immigration lawyers also handle immigration cases that intersect with criminal law.
Those seeking to hire an immigration lawyer often need assistance with complex applications, for example, trying to obtain green card after advanced degree (EB2 visa) can take significantly longer than trying to obtain a graduate EB1 visa. Due to this processing time difference, employers are less likely to wait as an EB2 visa can take over a year to be approved. However, there are legal ways around this and this is why it’s so important to consult with a licensed immigration lawyer. An immigration attorney can provide invaluable guidance and expertise, especially for individuals who struggle to understand the intricate requirements set forth by U.S. immigration law, whether due to language barriers or the inherent complexity of the legal process. These professionals help ensure that all necessary documentation is correctly prepared and submitted, increasing the chances of a successful application and helping clients navigate the often overwhelming immigration system.
Circumstances Where an Immigration Lawyer is Considered Mandatory
When and If the Applicant has been Convicted of a Crime
Nearly all the United States Citizenship & Immigration Services’ forms require the applicant to disclose if they have been convicted of a crime. The applicant is instructed to disclose their entire criminal history. In fact, an applicant is mandated to disclose their entire criminal record even if the relevant charges have been expunged or dropped. Note that hiring a criminal attorney for these matters is not typically required unless the situation is severe or unusual.
Prior Immigration Applications Have Been Denied
An immigration lawyer has the experience and skill to determine why the visa application has been denied by the United States Citizenship & Immigration Services. Additionally, a seasoned immigration lawyer will be able to determine why the application was denied and if an appeal or re-application is a possibility.
If the Applicant has Previously Been Excluded Entry to the United States or has Been Deported
Sometimes deportation or exclusion means that the applicant is permanently prohibited from submitting future applications to the USCIS. An immigration attorney can offer guidance as to the consequences of exclusion or deportation.
When the Application Waiting Time is Unreasonably Long
Immigration attorneys understand the United States Citizenship & Immigration Services’ application processes, including typical deadlines and anticipated waiting times. At times, an experienced immigration lawyer can assist an applicant in obtaining an expedited application process.
If an Applicant has a Medical Condition
Certain medical conditions, like infectious diseases, may preclude the applicant from obtaining entry into the United States.
An Immigrating Family with a Child that Might Reach Age 21 Before Permanent Resident Status is Awarded
Eligibility requirements regarding permanent resident status differ for children who are not yet 21 years of age. An experienced immigration lawyer can help determine which methods are best for filing for the applicant’s children.
The Visa-Applicant’s Marriage to a U.S. Citizen Ended before the Conditions of the Permanent Resident Status Were Removed
Visa applications connected to a marriage are typically filed jointly. If a marriage has been terminated (because of divorce or death, etc.), an applicant may find it quite challenging to prove that the marriage in question was not fraudulent.
If the Applicant has Applied for an Employment-Based Visa, but the Future Employer is Unwilling to assist with Immigration Issues
Processing visas related to employment can be quite complex. An immigration attorney has the skills and experience to help ensure future employers are meeting their obligations to their potential immigrant workers.
If an Applicant Wants to Modify Their Permanent Resident Status But was Recently Divorced & Subsequently Married to another, different U.S. Citizen
The primary concern for the United States Citizenship & Immigration Services is that the first marriage may be suspected to be a sham. A seasoned immigration lawyer may be required to sufficiently prove that the first marriage was indeed legitimate.
If the Applicant has Previously Submitted a Visa Application that is in Process but Does Not Know How to Complete the Next Steps
Under certain circumstances, the United States Citizenship & Immigration Services may request additional documentation in support of a claim made by the applicant on their submitted application. Working with an immigration attorney from the start can help alleviate unnecessary delays and may even help to expedite the process.
