When Do You Want an Immigration Lawyer?

The immigration course of may be lengthy, difficult, and overwhelming, particularly when you don’t

have authorized assist. If you wish to keep, journey or work in the USA, you have to a inexperienced card or visa. One mistake in filling these types, regardless of how small, might result in the denial of your utility.

Hiring an immigration lawyer isn’t compulsory when attempting to get a visa. However, having an skilled lawyer from a decent legislation workplace, equivalent to Regulation S&B, may also help velocity up the method and offer you peace of thoughts, understanding {that a} skilled is dealing with all the pieces for you, doing all the pieces of their energy to verify your utility is accepted.

We’ll clarify the distinction between a visa and a Inexperienced card and share conditions when in search of authorized assistance is most useful.

What’s the Distinction Between a Visa and a Inexperienced Card?

Individuals come to the U.S. for numerous causes: to discover a job and have higher dwelling situations, to be with their American households, to check, or to flee a harmful scenario of their residence nation. No matter your reasoning, you may ponder whether you want a Inexperienced card or a visa.

Let’s clarify the distinction between these two:


Individuals who need to enter the U.S. should have a visa. To acquire a visa, you could apply by way of the U.S. embassy. There are two kinds of visas: non-immigrant and immigrant.

  • A non-immigrant visa is a short lived doc with a exact departure date, and the embassy may approve it for numerous functions: journey, medical functions, schooling, and so on.
  • An immigrant visa is far more advanced to acquire, and you could obtain it earlier than touring to the U.S. Any such visa permits its proprietor a everlasting keep in America and is a part of getting a Inexperienced card. Suppose you’re planning to use for an immigrant visa. In that case, you don’t essentially want an lawyer, however having knowledgeable by your aspect may also help take the burden off you in the course of the course of and make sure that all the pieces is filed appropriately.

Inexperienced card

You should receive an immigrant visa first to use for a Inexperienced card by way of U.S. Citizenship and Immigration Companies (USCIS). A Inexperienced card is a bodily doc confirming its proprietor is a everlasting U.S. resident who can work or journey anyplace throughout the nation. After holding a inexperienced card for 3 to five years, you possibly can apply for American citizenship.

Why Ought to You Rent an Immigration Lawyer?

When you want to make a vacationer go to to the States and keep for a few weeks, you gained’t want an immigration lawyer. Relying on the nation you’re coming from and your case historical past, you’ll be capable of get a visa with out a lot complication.

Nevertheless, there are circumstances when a authorized consultant can decide the scenario in your favor:

You’re uncertain about eligibility for an immigration visa or a inexperienced card

U.S. immigration legislation has many layers and classes, and you could meet the necessities to use. Let’s say you’re marrying an American citizen or have household in America. In that case, you is perhaps eligible for a Inexperienced card, however your future partner or household should meet some situations too. The identical goes for employment-based visas or Inexperienced playing cards.

Immigration functions embody many questions and subquestions to make sure you’re certified to use for an immigration visa. An skilled immigration lawyer will consider your utility, discover potential points and lead you thru the immigration course of.

You’re searching for asylum or one other sort of reduction

Many individuals are keen to come back to the States searching for asylum due to the political scenario of their native nation. As an asylum seeker, you could show persecution from no less than one of many 5 protected grounds. If there’s any uncertainty, the case shall be despatched to the court docket.

As talked about above, having an immigration lawyer for utility isn’t a requirement, however it might be a reduction and stop additional issues. If an asylum-oriented immigration utility is referred to court docket, you’ll want an lawyer to signify you.

Your utility has been rejected

Getting a authorized consultant who will attempt to discover a technique to beat the rejection of your utility is the most effective factor you are able to do if you face a detrimental reply. An immigration lawyer may get USCIS to rethink a rejected utility, or they may also help you file a grievance.

For instance, to enchantment a rejected Inexperienced card, you could file Kind I-290B, Discover of Attraction or Movement, which prices $675, inside 30 days of the rejection. To keep away from costly charges, rent skilled assist to make sure you do it proper the primary time.

You’re dealing with deportation

If Immigration and Customs Enforcement (ICE) decides to deport you, you have to the most effective immigration lawyer as quickly as potential.

An skilled immigration lawyer will contemplate your circumstances and determine which authorized reduction is finest to hunt in Immigration court docket. He may additionally persuade the jury to postpone the deportation or shut the case, avoiding elimination.

You’ve a prison document historical past

If you wish to enter U.S. territory, it’s worthwhile to show you’re not inadmissible. The nation desires to guard its residents from folks with prison information, terrorist actions, infectious ailments, and different points that would negatively affect Americans.

If U.S. Citizenship and Immigration Companies estimate you as a “menace” for any purpose, you gained’t get a Inexperienced card or immigrant visa with out an immigration lawyer’s assist. A lawyer specializing in immigration points can examine when you fall beneath exceptions and show you how to apply for authorized forgiveness within the type of a waiver, so your utility may be thought of.

English shouldn’t be your first language.

Making use of for an immigrant visa is difficult by itself, and it might get much more difficult you probably have a language barrier. If English isn’t your native language and you don’t have any one that can assist you by way of the method, the most effective factor you are able to do is rent an immigration lawyer to information you and make sure you don’t make errors on the applying type.

When you plan to use on-line and battle with expertise, an immigration lawyer can deal with your utility for you.

Different immigration urgencies

There are numerous different immigration urgencies if you may want an lawyer, for instance:

  • You’re making use of for a visa with a excessive refusal charge
  • You’ve already been deported from the nation and need to come again
  • You bought the job within the U.S., however your employer doesn’t need to show you how to get a visa
  • Your case is already in court docket


Though hiring an immigration lawyer within the strategy of getting a visa isn’t necessary, an lawyer who practices immigration legislation can decide whether or not you’ll get it or not.

You probably have a transparent case and eligibility to get the approval you’re in search of, and also you don’t have a prison document, you may attempt to get a visa or a Inexperienced Card with no lawyer. Opposite, in case your case is even barely difficult: for instance, you’ve been rejected, and even deported, or you will have a prison document, getting an immigration lawyer is the smarties factor you are able to do.

Getting authorized recommendation {and professional} assist may convey you the place you need to be – in the USA of America.

Writer bio

Travis Dillard is a enterprise marketing consultant and an organizational psychologist based mostly in Arlington, Texas. Enthusiastic about advertising, social networks, and enterprise on the whole. In his spare time, he writes loads about new enterprise methods and digital advertising for Home and Courtyard.

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