U.S. immigration law is extraordinarily convoluted. It has been said that the body of immigration law is second only to U.S. tax law in its complexity. Moreover, even minor errors in a visa or green card application, or evidence provided as part of an immigration application process, can result in years-long delays, or even denials and deportations. That makes it a challenge for foreign-born people who may know nothing about U.S. law, much less immigration law!
For these reasons and more, many people choose to hire an attorney to help smooth the way .
What can an immigration lawyer do for you?
Immigration lawyers interpret the law (abogado inmigracion USA), help clients analyze their rights, possibilities and strategies, and guide you (or, if applicable, your family member or U.S. employer sponsor) through every step of the complicated immigration process.
They prepare a large amount of paperwork on your or your employer’s behalf (which alone can save you hours) and help you organize what items to collect on your own (such as birth certificates or proof of a valid, bona fide marriage).
They make sure that the information you submit to the U.S. government when completing various forms, collecting documents, or preparing statements and testimony is clear, correct, and consistent. Many immigration applications rely on the U.S. government official to create their story, so entering inconsistent information on different forms by mistake can create big problems.
Most importantly, an experienced attorney knows what to expect from the U.S. government. Delays and difficulties are inevitable. The attorney will know how to minimize or deal with unavoidable delays, and what issues to prepare for to make sure that seemingly simple requests do not get bogged down in legal technicalities.
How a lawyer helps you if you are changing from a U.S. immigration status or a U.S. labor certification (certificacion laboral USA). The tangles of immigration law can be even more complicated when you are in the United States on one type of visa or status and want to change to another. You want what is legally called a «change of status.»
Many foreign nationals successfully pursue such changes, but things you might have taken for granted before, such as the right to travel in and out of the U.S. on your existing visa, could jeopardize your current application. This is an excellent time to get the advice of an immigration attorney to avoid creating problems that could have easily been avoided.
How a lawyer helps you if you are facing deportation proceedings before an immigration judge
If you find yourself in deportation or removal proceedings in immigration court, the attorney will research the law to find all possible avenues of relief; help you and any witnesses prepare for your court appearance; deal with arcane court procedural requirements and deadlines; write briefs arguing the law on your behalf; and spend hours at the hearing with you, representing you and helping you present your case .
It is important to understand that the judge deciding your case will not guide you to the correct answers, although the judge may ask you questions if you do not bring a lawyer. In addition, the U.S. government will be represented by its own attorney, whose main objective is likely to be to deport you. Only your own attorney will advise you on how best to answer the questions and otherwise proceed in court.
Finding the right lawyer
Make sure you find an excellent lawyer (and someone who is truly a lawyer, not a consultant or notario).
Most accomplished immigration attorneys are members of the American Immigration Lawyers Association (AILA). Although membership in that association is not mandatory, members have access to colleagues, information and liaison committees that help them stay abreast of ever-changing laws and agency policies and deal with challenging situations.
Your best bet is to talk to several attorneys before committing to one. Choose a highly regarded attorney with whom you feel comfortable and who has experience in cases similar to yours.