How a Can a Lawyer Help You with Immigration and Visa?
When filing for an immigrant visa in the US, you do not need to hire a lawyer. If your case is simple, you are clearly eligible for the benefit you want, and you have no criminal history or unfavorable interactions with immigration officials, you may be able to get a visa or green card without hiring an attorney.
In truth, if you are abroad, immigration lawyers are not permitted to accompany you to consular interviews, however they are permitted to prepare documentation and communicate with the consulates.
However, there are a variety of scenarios in which you will want the assistance of a lawyer—or will save yourself a lot of time and aggravation by doing so. Immigration law is famously complex, and it is administered by a bureaucracy that receives far less supervision and public scrutiny than you might think. Let's take a look at a few of the most plausible scenarios.
If You Can't Decide What to Do
Let's pretend you're a talented worker or a company looking to hire one. A worker may be eligible for many visas or forms of green cards, but determining which is the best or fastest is tricky. An immigration lawyer can assist both the employer and the employee in determining which visa best meets the employer's needs and the employee's skills.
In family-based or other sorts of visa scenarios, similar complications may arise. For example, an engaged couple may have the option of getting married first, then applying for an immigrant visa (which grants them immediate access to a green card) or applying for a K-1 fiancée visa. However, depending on current government costs, procedures, and processing periods, it is difficult to say which is faster or more advantageous.
If you're an employer looking to hire foreign-born workers, here's what you need to know.
As a busy business owner, you probably don't have time to ponder the nuances of immigration law. Let's imagine you want to sponsor a worker for a green card, which will include completing the labor certification (PERM) process. You will be responsible for placing employment adverts. The advertising procedure is hard since only certain sorts of commercials are allowed, the ads must use precise wording, and there are numerous time periods and deadlines to meet. It's really easy to make a mistake.
The PERM application (ETA Form 9089) is also complicated. Employers have a hard time figuring out how to fill out the needed Form 9089. When filling out Form 9089, there is no room for even the tiniest error. Almost any mistake will result in a refusal, even if it's a one-cent difference in the employee's pay.
Many immigration lawyers are familiar with the ins and outs of the Form 9089 and can help employers with the PERM procedure and other forms of work visa applications.
If You're Having Issues with Delays
The failure of USCIS or the consulate to act on or approve the application, for reasons that have more to do with bureaucracy than legality, is another condition that frequently sends people to lawyers.
If You're Feeling Overwhelmed by Paperwork
Even the most basic U.S. immigration applications require you to fill out forms and gather papers to show your eligibility, and you will almost certainly be given thorough instructions on how to do so. If you make a mistake, your application may be returned, delayed, or even refused.
In such situations, immigration lawyers do not have a lot of influence. However, the lawyer may have access to confidential inquiry lines where they (and only they) can inquire about pending or troublesome cases. Even lawyers have difficulty receiving answers to such questions, but it's worth a shot. For help, see us at Foshee and Yaffee Attorneys at Law.
**Disclaimer: This content is not to be construed as legal advice nor does it establish terms of a client-attorney relationship.