RECENT ARTICLES
LEGAL SERVICES
By: Jennifer Fabian-Verzosa, Esq.
Immigration lawyers are not just for individuals in removal or deportation proceedings.
Here are some of the best reasons to hire an immigration attorney and avoid the “DIY” (do-it-yourself) pitfalls:
Whenever a child is involved, immigration paperwork gets more complicated.
Anytime a child is accompanying (or following to join) a parent who is immigrating to the U.S. or coming on a fiancé(e) visa, things get more complex. If your immigration issue involves a derivative beneficiary , stepchild , adopted child , adult son or daughter , or child “born out of wedlock” (i.e., born to unmarried parents), you should probably seek the professional assistance of an immigration attorney.
Why ? Because an Immigration Attorney can:
- SAVE YOU MONEY, by making sure you do not file unnecessary additional applications, and avoid paying extra filing fees
- REVIEW YOUR CHILD’S ELIGIBILITY FOR THE IMMIGRATION BENEFIT, BASED ON THEIR PARTICULAR STATUS (i.e., adopted child, stepchild, etc.). UNFORTUNATELY, U.S. IMMIGRATION LAW DOES NOT TREAT ALL TYPES OF CHILDREN EQUALLY. Take stepchildren, for example. There are some immigration applications that require the petitioner to establish a stepchild/stepparent relationship in order for the child to avail of the immigration benefit. Other applications (adjustment of status is one), do not require this.
- Even for “seemingly” straightforward applications, such as for a certificate of citizenship, the evidentiary and eligibility requirements are different for a child born to unmarried parents, or deriving citizenship from a father as opposed to a mother. An immigration attorney would know this and advise you accordingly.
- ADVISE YOU OF THE BEST TIME TO FILE A CHILD’S APPLICATION, and this is especially critical when an “adult” child or “soon-to-be adult” child is involved. What if that child wants to get married soon, or is nearing 21 years of age? Adult sons and daughter are treated differently depending on the benefit you’re applying for. Minor, unmarried children are usually given more preference. For example, only unmarried children under the age of 21 years old can qualify as “immediate relatives.” This is important, because immediate relatives have so many more options during the green card process, and can overcome ineligibility hurdles to permanent residency that other relatives simply cannot.
- LOOK OUT FOR YOU, AND YOUR CHILDREN, IN THE LONG RUN. Even when their parent’s marriage does not work out with the petitioner, for one reason or another, that does not mean a child can no longer qualify for a green card, or U.S. citizenship. An immigration attorney can help ensure that both the primary applicant and their child’s dreams (and future) continue to be protected, especially when relationships change during the immigration process.
2. When multiple applications and steps are involved, the potential for additional costs, delays, and missteps run particularly high.
The Fiancé(e) Petition process involves multiple applications, multiple filing fees, and multiple steps. If you’ve already looked into this process, I’m sure you know what I’m talking about. TIMING IS EVERYTHING when you are only allowed a single entry into the U.S. and 90 days to get married . Then there are medical exams, work permit issues, and financial support requirements that you and your future fiancé(e) must be aware of. You’re about to get married and do not want the added stress and overlooked costs. You want your marriage immigration paperwork done properly and expediently . You should probably hire an immigration lawyer .
3. Even if you file all the required paperwork, your application might still get denied. At your interview. At the port-of-entry. In relation to another application somewhere down the road.
A good example of this point is the Tourist Visa. It has a short waiting time for an interview, and involves a less expensive application fee ($160). Yet, many people, even individuals with high self-supporting incomes, are shocked when they get denied . And all they wanted to do was visit Disneyland.
- YOU SIMPLY CANNOT TELL A CONSULAR OFFICER “A,” THEN EXPECT THEM TO CONCLUDE “B” FROM IT. An immigration attorney will check whether you have “THE” complete AND best evidence to draw the line that can connect A to B, to BETTER PERSUADE the officer that you have satisfied the requirements.
- You cannot just have your host or employer write a letter with anything they choose. Some things in a letter are a waste of time and ink to say. An attorney will check to see whether the important things are included, and only the important things.
- Lastly, don’t forget about U.S. Customs and Border Protection. The issuance of a visa at a consular post still does not guarantee admission to the U.S. You will be subject to another interview by another immigration official at the U.S. port of entry. You could still be sent home, with no reimbursement for travel expenses, if a second look at your documents indicates fraudulent immigrant intent.
- Stepping away from the Tourist Visa for the moment, did you know that even further down the road at the green card stage, you could still be subject to removal if USCIS determines that you did not have a “bona fide” intent to marry at the time of your fiancé(e) petition?
4. An immigration attorney will know the “legal basis” of your eligibility (or ineligibility) for an immigration benefit
That includes case law nuances, exceptions, and important updates to the law relevant to your case .
If you find a word or question on a USCIS form particularly confusing, you’re certainly not alone.
Lawyers keep abreast of USCIS’s intended meanings of certain phrases and words, so that you do not have to.
Have a question on whether a question asks for express disclosure of a traffic citation?
ASK YOUR LAWYER.
4. Perhaps the best reason to hire an immigration lawyer is because they can explain all your legal options.
This gets particularly critical when a couple is trying to decide BETWEEN particular petitions. The options are different and some routes are faster, less expensive, and less risky than others .
The “best” option for you and your family is all very dependent on your particular circumstances and future goals . Do you want to get married in the U.S. or outside of the U.S.? Is the overall cost of the immigration process more important, or is being inseparable from the date of marriage a priority? Did you overstay on the Visa Waiver Program, Tourist Visa, or Fiance visa? Are you planning to actually get married, or do you just want to meet your fiance’s family ?
Ask a lawyer about your options now, BEFORE things get more complicated .
What if you take the chance and overstay on a nonimmigrant visa because you heard your friend did it and all went well, and then you by chance get picked up by ICE (Immigrant and Customs Enforcement) before you file a green card application (that is assuming you had a legal basis to file)? Well, then you’ll definitely need a lawyer now , to defend you in removal proceedings. And it will probably cost you more money, time, and stress. Depending on the length of your overstay and the nature of your intentions at entry, you may never be able to return to the U.S., or it will take several years before you can come back . You could also be fined or jailed .
DON’T TAKE THE RISK OF THINGS LIKE THAT HAPPENING TO YOU OR YOUR FAMILY MEMBERS . Hire a lawyer from the outset to ensure you are properly protecting your goals and family. LAWYERS ARE TRAINED TO EVALUATE RISKS . While no particular outcome can be guaranteed, don’t wait until you are in hot water before considering legal assistance. You will only wish you had a plan and had a prior opportunity to compare all your options before you found yourself in that situation.
Your immigration paperwork involves some of the most important legal documents of your life . Avoid the DIY pitfalls and make sure you get professional legal help when it matters.
*For Article Requests , Republications , or Speaking Engagements , please email: jennifer@law-jf.com
More Articles
** Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.**
________________________________________________________________________________
DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. & HI, and exclusively practices immigration law in federal jurisdictions.
The post Do I “Need” an Immigration Attorney For My Petition or Visa? appeared first on Law Office of Jennifer Fabian-Verzosa.
Contact Us
Contact Us
Powered by
© 2024 Law Office of Jennifer Fabian-Verzosa. All Rights Reserved.
Any inquiries should be directed to contact@law-jf.com or the attorney’s official business mailing address:
Law Office of Jennifer Fabian-Verzosa, P.O. Box 892461, Temecula, CA 92589.