Do You Really Need an Immigration Lawyer?
- By Fileright
- Last Updated:
Introduction
“Do I need an immigration lawyer?” This is probably the first question that comes to the mind of someone deciding whether or not to immigrate to the US. US immigration law is somewhat of a maze for a person who doesn’t have the right map.
There are countless forms, deadlines, and different regulations. Even if you are a native English speaker and consider yourself an organized and meticulous person, you can still be confused by the endless legal jargon.
The first thing to remember is that immigration is a high-stakes process. It can change the trajectory of your life. If you get an immigrant visa to the US, you unlock the land of opportunity that is the US.
In this blog, we will cover the situations where an immigration lawyer should be consulted and how an immigration lawyer can help you avoid the most common mistakes in immigration, giving you security and peace of mind.
Do I Need To Have An Immigration Lawyer?
Legally, there is no mandatory requirement to hire an immigration lawyer, and you can file for an immigrant or non-immigrant visa on your own as well. However, an immigration lawyer can help bring efficiency to your immigration process, avoid errors, and minimize the chances of delays and denials.
An expert immigration lawyer can guide you through the process and select the right forms, which will increase your confidence and help you get much-needed mental peace.
In 2024, USCIS rejected more than 100,000 I-130 Petitions.
If you are applying for immigration as a relative of a US citizen or an LPR, Form I-130, Petition for Alien Relative, is the form that is filed to prove that you are related to the US Citizen or LPR who is filing on your behalf. This form doesn’t get you a green card or any other immigration benefit. However, many aliens fail in this first stage itself.
Having an immigration lawyer guide and assist you in immigrating doesn’t guarantee success, but it significantly increases the chances of your successfully filing for immigration to the US.
When Is It Important To Have An Immigration Lawyer?
An expert immigration lawyer can help you in all steps of your immigration journey. Their expertise becomes even more important when your immigration situation is complicated.
Immigration lawyers have the experience and the knowledge of US immigration laws, and it is advised that you should hire them if your case falls into any of the following immigration situations:
Prior Immigration Violations and Inadmissibility Issues
If your visa application has previously been denied by the USCIS or the Department of State, you have overstayed in the US even after your visa expired, or you are facing any inadmissibility issues, then your immigration petition might lead to more complications. With the help of an immigration lawyer, you can understand these challenges and find tailored solutions depending on your unique circumstances.
Criminal History
If you have previously been charged with a crime, convicted by a court, or have even encountered law enforcement, regardless of whether your criminal charge was outside or inside the US, you can still face problems getting approval for an immigrant or a non-immigrant visa.
The USCIS requires you to be completely honest when filing for immigration. If you apply for a green card, you would have to provide information about every time you were cited, arrested, or detained, even if those charges were later dismissed and you were found innocent.
In the long run, a criminal history can also make things difficult if you want to sponsor any family members or petition to bring your relatives to the US. An immigration lawyer can help you apply for a waiver of inadmissibility and minimize the chances of denial of your immigration petition.
Deportation or Removal Proceedings
If you are currently facing deportation or if removal proceedings have been initiated against you, you need to consult and take the assistance of an experienced immigration lawyer who can represent you and protect your rights. With a strong and well-rounded defense, you can prevent your removal from the US and apply for other immigration and non-immigration benefits to get a lawful status.
Even if the proceedings are over, you should still consult a lawyer and know your options. An attorney well-versed in immigration law can also help you file an appeal if necessary.
Bureaucratic Delays and Expedited Process
At the end of the day, the USCIS is a government agency, and it is prone to delays and long processing times. Facing delays at the USCIS field office and the service centers is a common problem.
If you are facing an emergency, urgent humanitarian relief, or a delayed approval that can cause you severe financial loss, and you are currently facing an urgent employment need, an immigration lawyer can help you file for an expedited application process and get a quick decision on your long-pending petition.
Along with filing for an expedited process, an immigration lawyer can regularly follow up with the USCIS to confirm that your request has been received and get updates.
If You Are Not Comfortable In English
English fluency is not an essential requirement for immigrating to the US. However, if you cannot communicate in English or face issues in understanding/reading/writing in English, hiring a bilingual immigration attorney can make your process much more manageable.
This will minimize the chances of mistakes in the application process, and you will have an expert by your side who can not only help you in your visa interviews but also represent your rights and interpret all information.
Unsure About What To Do
Diverse immigration petitions, forms, fees, and timelines can confuse anyone. An immigration lawyer can inform you about your immigration status and provide you with a roadmap on how to go forward in exploring your immigration options.
What If My Case Doesn’t Fall Under Any Of These Situations?
As we said before, hiring an immigration attorney isn’t mandatory, but it is advised to make your application journey easier and stress-free. Even if your case doesn’t fall into any of these situations, you can only gain confidence and increase your approval chances by consulting a seasoned immigration lawyer.
If your immigration situation has no complications and is pretty much straightforward, you can download the latest versions of the immigration Forms from the website of the USCIS and file them yourself.
If at any time you feel overwhelmed with the paperwork and want to seek the help of someone, you can consult and take the assistance of an immigration attorney at any step of your immigration process. This is especially important for business owners looking to hire an alien worker, as the process may get difficult. By devoting a big chunk of your time to these immigration issues, you risk neglecting your main business.
How Can FileRight Help You?
FileRight is an immigration software company that helps you fill out your immigration forms easily and accurately, minimizing the chances of mistakes and omissions. Immigration forms are long, and the instructions can be challenging to understand due to how they are written.
With FileRight, you get the option of expert guidance and having an experienced lawyer check your answers without visiting a physical law office and paying high fees to consult an immigration lawyer. Here’s what the process looks like with FileRight:
Step 1: Answering the Question
Answer one question about yourself, one step at a time, with a simple click. We only ask questions relevant to your application process. This helps us check if you are eligible to apply for immigration.
Step 2: Filing Out The Form
Based on your answers, our lawyer will provide custom filing instructions. Our software will fill out the form for you accurately and without errors.
Step 3: Uploading Documents
Upload the documents mentioned in the filing instructions.
Step 4: Lawyer Review
With most of our application packages, we have an option for lawyer review. Our expert immigration lawyers complete a 7-point review of your answers, checking:
- Your eligibility to file for the immigration benefit.
- Any omission of key information.
- Spelling or grammar errors;
- If there is consistent spelling of names and places;
- Any inconsistent, illogical, or conflicting dates or numbers;
- If there are entries that conflict with each other, and
- Illogical entries
Step 5: Mail Your Application
Sign, attach the form processing fee, and mail your application to the USCIS.
Conclusion
The decision to hire an immigration lawyer is very personal. You have to balance your finances with your need to increase your approval chances and reduce stress. With FileRight.com, you get a trusted partner in your journey, helping you in all stages: from getting a visa to becoming a lawful permanent resident and finally obtaining US citizenship. What’s more, if your immigration petition is denied due to errors, you won’t get a refund, and you will have to repay the filing fee again.
In the long run, hiring an immigration lawyer can cost you less than going through the process alone.
Book a consultation with FileRight’s seasoned immigration lawyer today and take the first step to living your American Dream.
