There is no situation which absolutely requires a private immigration lawyer. Be careful not to misread that. I didn’t say that immigration lawyers aren’t precious; they only arenot required.
Truth be told that hiring an immigration attorney is just a matter of choice. As an immigration attorney myself, I can safely state that some immigration matters probably do not need the eye of an immigration attorney.
If a person must renew her green card, there is a kind for that that could easily be found on USCISis website, and she could fill it out herself and pay the payment. It’s that easy. Don’t waste your money on an immigration lawyer to achieve this for you.
Additional immigration matters, while apparently straightforward for the untrained eye, may become an immigrant’s worst nightmare if she omits anything in her paperwork or admits something that gets her into immigration difficulty that she wouldn’t have otherwise been in.
For example, someone having a criminal record (like a sentence based on shoplifting a package of gum five years back!) who applies for naturalization may be put in removal proceedings. Please don’t let that eventually you.
Then you can find the very complicated immigration matters that folks normally have zero idea how to handle, including publishing complicated waiver applications, driving most of the various kinds of job-based visa classes, or (heaven forbid) being placed in removal procedures which needs at least several proceedings in Immigration Court.
That being said, there are many excellent reasons why people retain immigration lawyers:
(1) Immigration law is complicated. In 2005, the Congressional Research Service reported: “The statutory scheme identifying and delimiting the privileges of aliens is exceedingly complex.
Courts and commentators have mentioned the Immigration and Nationality Act resembles ‘King Mino’s web in ancient Crete,’ and is ‘second and then the Internal Revenue Code in complexity.’
Finding a person who can navigate the challenging immigration laws often means the difference between having the ability to stay and work in the U.S. and being forced to leave.
Legacy INS Spokesperson Karen Kraushaar mentioned that “immigration legislation can be a puzzle along with a mastery of obfuscation, along with the attorneys who is able to figure it out are worth their fat in gold.”
You’ll find, however, some immigration lawyers who both can’t or atleast have not yet figured it out. In a law review article authored by Judge Richard Posner of the Seventh Circuit Court of Appeals and Northwestern University Law Professor Albert Yoon, it’s noted a panel of judges were asked which part of the legislation had the lowest quality lawyers.
The judges “decided that immigration legislation was the region when the quality of illustration was lowest.”
The lesson from all this? Yes, immigration law is complex, but it is important to get an immigration lawyer who can figure it out.
(2) Immigration attorneys could fend off future immigration issues. Due to the complexity of immigration law, it is problematic for people wanting to manage an immigration case independently to have up to speed on the immigration lawyers.
This is especially important if time is running against you, which it typically is in immigration issues. Retired U.S.
Supreme Court Justice John Paul Stevens has said in the situation of detained immigrants that “the necessity for legal representation for immigrants has exploded so serious as well as the penalties so radical that something has to be done.” If immigration attorneys are useless, then the U.S. Supreme Court Justice could not have created such a remark.
People sometimes think they don’t need an immigration lawyer because they do not have any immigration problems. To get a large amount of people, which may be true. But also for some people, it’s not that they don’t have immigration problems, but it’s that they don’t know that they have immigration problems.
“Oh? You signify basically keep the U.S. at this time I won’t be able another for ten years?” Yes, I am sorry.
If that individual had witnessed an immigration lawyer last year, there might have been something the attorney could have encouraged in order to prevent her current immigration scenario. Not seeing legal counsel when in uncertainty can result in a lot of “could have, might have, must have” statements.