Immigration Lawyer



Tips To Find A Good Immigration Attorney

... mind should include: • How accessible is the immigration attorney? • Was I able to speak with the attorney or an assistant? • Does the immigration attorney charge a flat fee or an hourly rate? • Are the immigration attorney's rates reasonable? • How convenient is the immigration attorney's office location? • Will an immigration lawyer or paralegal handle the immigration matter? • How long has the immigration attorney been in practice? The answer to these and other questions aimed at getting an idea of an immigration attorney's experience, accessibility, reasonable fees, and dedication should prove helpful in making your ultimate choice of an immigration attorney. The steps we usually take to ...
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Information on Canada Immigration Hearings

... released at that time or not. A Canadian immigration lawyer can often be of great assistance in such a scenario. Interviews with Immigration Officers In certain cases an applicant or a person of interest to immigration authorities may be called in for an interview with an immigration officer. These interviews are to gather information and/or to allow a person a chance to respond to any concerns Immigration has regarding them before making a decision on their case. These interviews are important to the potential approval of an application so it would be wise to bring a Canadian immigration lawyer to represent you when attending such an interview ... by the Immigration Division of the Immigration and Refugee Board. The person could be released at this first hearing, if not, the next hearing will be 7 days later (further review hearings will be held every 30 days). During each hearing the Board Member will review the evidence present and make a determination on whether the person can be released at that time or not. A Canadian immigration lawyer can often be of great assistance in such a scenario. Interviews with Immigration Officers In certain cases an applicant or a person of interest to immigration authorities may be called in for an interview with an immigration officer ...
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Why These Immigration Myths Could Become Your Immigration Nightmares

... place, you also do not have the ability to correct your errors. 3) "Just hire an immigration services company if you need help." Like the do-it yourself applicants, immigrants seeking non-lawyer assistance focus on price. Nothing wrong with that... if the different services provided by attorneys vis-a-vis consultants are fully considered. Normally, non-lawyer consultants and advisers will do no more than fill out immigration forms and applications. They are not responsible for legal troubles which arise after the documents are filed. Even after immigration applications are submitted, attorneys have a responsibility to handle issues which come up later. Moreover, attorneys ... attorneys vis-a-vis consultants are fully considered. Normally, non-lawyer consultants and advisers will do no more than fill out immigration forms and applications. They are not responsible for legal troubles which arise after the documents are filed. Even after immigration applications are submitted, attorneys have a responsibility to handle issues which come up later. Moreover, attorneys have a professional responsibility to stay abreast of changes in law that might affect their clients' cases. When immigration rules change, attorneys must guide you if they might potentially harm your chances of success. Non-lawyer assistants might do their utmost to guide you, but without legal ...
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Immigration Consequences Of Plea Bargains (Without Any Complicated Legalese)

... Immigration. They take him to jail. He is told that he has no right to bail. It's not Immigration's fault. They're just following the laws that Congress wrote. Now what? His wife is home, alone with their children, She cannot take care of them and earn a living all by herself. She calls an immigration lawyer, seeking advice on how her husband can be released and be allowed to stay in the US. Then she discovers that he has no defense against deportation (They call it "removal," but it's the same thing). The plea looked great on paper. But the immigration ... clearly warned about the potential deportation consequences of criminal convictions. And here in New Jersey, we have had three important cases which echo this decision. The bottom line is that criminal defendants born elsewhere should not just know their Miranda rights. They should know their Padilla rights. Talking to an immigration lawyer who is well versed in criminal alien cases, before going to make a deal, is about the best advice that I can give anyone.
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Specialist Immigration Lawyers Based In South Africa

... work; * spousal; * and retirement. Initially, an immigration lawyer will check your eligibility and decide on the best method to achieve the permit. This immigration service involves: * A thorough consultation to ascertain eligibility * Advice into legalities of the procedure * A discussion into the methods of immigration available * Preparation of the permit including all relevant documents * Regular update reports as to the status of the permit * Once cleared, collection of the permit and delivery to the client Legal Services for Immigration As well as dealing with immigration permits, the specialist lawyers also handle legal issues surrounding the Immigration Act. This includes areas like ...
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Top Concerns Regarding the Family Based Immigration Process

... home country to proceed with the process of Consular Processing (applying for permanent residence from abroad). What Specific Criteria Must a Marriage Meet to Be Considered Valid for Immigration Purposes? Immigration officials conduct very thorough reviews of marital relationships when an immigration case is based upon a marriage. According to a recent Department of Homeland Security report nearly half of spousal immigration cases are fraudulent. At a minimum, for a marriage to be recognized as valid for immigration purposes, each party must have been legally able to marry at the time of the marriage (i.e. all previous divorces were final), the marriage ceremony must ... apply for permanent residency in the U.S. are: (1) What options do I have to get my permanent residency through my husband or wife? (2) What is the process to apply for my finance/fiance? and (3) What specific criteria must my marriage meet to pass scrutiny by Immigration? Family-based immigration is the process of applying for permanent residency (a green card) through a spouse or other family member. This process can be extremely complex, lengthy (sometimes lasting years), and frustrating for the applicant who must be fingerprinted, undergo a thorough medical exam and subject herself to a thorough security ...
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EB5 Employment Creation and Investment Visa

... would qualify for this visa. The EB-5 is the best option for people that either have one million dollars to invest or can invest half a million into areas that have low unemployment. If you fall into this category then you might want to get the help of an immigration lawyer to go over the details of the investment and make sure that you are going about it the right way. This can ensure that your business endeavors run smoothly and don't run into any potential problems along the way. ... steps it takes to get one. One type of Visa that people can apply for is the EB5 Employment Creation & Investment Visa. This is for any immigrant investors who wish to invest a sum of money inside of the United States. This kind of Visa was originally created by the Immigration Act of 1990 and still allows foreigners to get a green card in order for them to do their investing. This type of a visa is a little harder to get than say the E-2 visas. Reason being, in order to qualify for this type of visa you will ...
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H1B Visas for Medical and Health Professionals

... will need to consult with an immigration lawyer who knows the H1B visa process inside and out. Preferably, seek someone experienced in working with residency and fellowship programs in the United States. Also, opt for an immigration lawyer that understands the importance of having a visa in hand before the start of your program and the often unique need to work beyond the traditional six-year period. You should also see to it that they can work directly with your program, ensure that all timelines are understood and all petitions are properly and timely filed. A great immigration lawyer will work through your H1B visa petitions ... regular PERM filings. In some instances the best available immediate option is the O-1 alien of extra-ordinary ability visa, which may be recommended by your lawyer. Should You Seek Professional Help? To improve your chances of success, you will need to consult with an immigration lawyer who knows the H1B visa process inside and out. Preferably, seek someone experienced in working with residency and fellowship programs in the United States. Also, opt for an immigration lawyer that understands the importance of having a visa in hand before the start of your program and the often unique need to work beyond the traditional six ...
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Do I Qualify For Asylum?

... can still ask for this qualification under the definition of a refugee. In some circumstances, you may have been placed in deportation proceedings and need to apply and go before an immigration judge. If you are not under removal proceedings then you can still interview with an officer to be able to see if you are eligible. They can either grant it, deny it, or refer you to another immigration judge. The only down side to going to an officer while being in the country illegally is that if you are not eligible for the exemption then you will be put into ... refer you to another immigration judge. The only down side to going to an officer while being in the country illegally is that if you are not eligible for the exemption then you will be put into removal proceedings. The United States does not have limits set on the amount of people that can apply for this exemption to stay in the country. Asylum offers the opportunity for individuals to live their life free from persecution. If you live in fear of persecution in your home country then it might not hurt to go to an immigration attorney and ask if you ...
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Immigration Issues Concerning Children

... . In light of the above, citizens and permanent residents who wish to unite with their children in the United States would be advised to submit their petitions while their children are unmarried under the age of twenty-one. Often, parents worry that their children will turn twenty-one while the immigration service reviews the request and that the petitions will be automatically converted to the oversubscribed category of "unmarried sons and daughters of U.S. citizens." Thankfully, the Child Status Protection Act (CSPA), which went into effect in 2002, provides a so-called aging-out relief for foreign nationals. The Act ... , a relationship must be established between the person and a U.S. citizen or a permanent resident. How soon the foreigner will be able to immigrate depends on whether his or her relationship is that of a parent, spouse, child, daughter, son, or sibling. In case you are wondering, immigration laws do treat the terms "child" and "son/daughter" differently. A child is an unmarried person under the age of twenty-one. If a person is married and under the age of twenty-one, he or she is classified as a son or daughter of a citizen or permanent resident. ...
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US Work Visas - How to Obtain a TN Visa

... done on TN visa service centers and may require some additional paperwork. Even as it disallows immigration intent, obtaining a green card is a possibility for TN visa holders. The process is often very thorough and may lead to a lot of stress if not done right. Should You Ask for Legal Assistance? Yes, it is highly recommended to consult with an experienced immigration lawyer for your TN status application. An immigration attorney should be able to assess your case, identify potential roadblocks, coach you on dealing with immigration personnel and assist you in preparing evidence to back your application. They are especially important if ... is a possibility for TN visa holders. The process is often very thorough and may lead to a lot of stress if not done right. Should You Ask for Legal Assistance? Yes, it is highly recommended to consult with an experienced immigration lawyer for your TN status application. An immigration attorney should be able to assess your case, identify potential roadblocks, coach you on dealing with immigration personnel and assist you in preparing evidence to back your application. They are especially important if you think you have a complex case such as having previous denials, U.S. citizen relatives, evident immigration intent and other hurdles.
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Different Types of Immigrant Petitions

... of what to expect. While there are many different reasons that people apply for an immigration petition for residency in the United States, here are some of the most common types of immigration: First, would be the immigration through a family member. This is one of the most common types of immigration and examples of it can be seen every single day. The second type is that of immigration through employment. Many people are seeking better wages and quality of life and want to come here to work. Next, there is immigration through investment, which can be done if you plan to invest in a business ... common types of immigration and examples of it can be seen every single day. The second type is that of immigration through employment. Many people are seeking better wages and quality of life and want to come here to work. Next, there is immigration through investment, which can be done if you plan to invest in a business in the United States that costs over $50,000. Other types of immigration include doing it through the diversity lottery, immigrating through "the Registry" (which has direct reference to the Immigration and Nationality Act), Immigration through asylum or refugee status, and last of all there is immigration that has ...
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Getting an Employment Based Visa

... (Other Workers) Employment Fourth Preference (E4): Certain Special Immigrants Employment Fifth Preference (E5): Immigrant Investors What happens next? After the USCIS approves the petition, the National Visa Center takes up the case for further processing. Right from filing a petition to preparing for the visa interview, you need a competent immigration attorney for advice and guidance. What fees do you need to pay? This would include the petition filing fees, visa application processing fees, medical examination and vaccination expenses, and other costs like photocopying costs, travel expenses, etc. Do you need to undergo a medical examination? Yes. You need to undergo ... . Before you get in touch with a legal practitioner, here is a look at the common questions regarding employment-based visa applications. What is the first step? Getting the labor certification approval from the US Department of Labor is the first task to handle. Who files the petition? Filing the Immigration Petition for Alien Worker, Form 1-140 with the USCIS is the responsibility of the employer. What are the categories of preference? These are as follows: Employment First Preference (E1): Priority Workers Employment Second Preference (E2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability Employment Third Preference (E3): Skilled ...
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Immigration Law and Divorce Basics

... taking steps to secure permanent residency for their foreign-born spouses. The law states that spouses of U.S.-born citizens are considered "immediate relatives." This conditional status provides a much faster route to getting a green card. In the event that a marriage fails, you will need to consider immigration issues and how they should be handled. This is especially true when there are children involved. In most cases a foreign-born spouse going through the divorce process will be granted conditional permanent residence. This means that he may continue living in the U.S. for two more years. This ... he may continue living in the U.S. for two more years. This provides time to take the next steps necessary to obtain permanent residency. If the foreign-born spouse has already obtained a green card before the marriage ends, she has what is considered unconditional permanent residence. The only immigration issue that may occur is a delay in obtaining full citizenship status. If the marriage to a U.S. citizen ends within three years, and the immigrant spouse has not secured a green card in a span of five years, he has to wait five more years before being able ...
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How to Navigate the US Legal System With or Without an Immigration Attorney

... a knowledgeable representative to help guide you through the process couldn't be more necessary. There are no two ways around it: If you are a foreign-born individual with hopes of legally immigrating to the United States to work or to simply start a new life, you need an immigration attorney. Immigrants moving into the U.S. is one of the most closely monitored and hotly debated topics around the country, and in recent years the laws and guidelines that govern it have become more stringent and harder to stay on top of. Because so many individuals from around the ... and returns to the U.S. without a pardon, the ban is extended by an additional 10 years. At the time an illegal immigrant is caught, that person can be held in jail for a period of up to two years before appearing in court. For such a hearing, an immigration attorney is required to be hired by the defendant. At this time, even minor offenses such as misdemeanors can result in immediate deportation. Don't take chances with one of America's most complex and highly scrutinized legal systems. If you plan on attempting to make the U.S. your ...
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Do Non-Citizens Need a Social Security Number?

... time has passed to allow your DHS documents to be logged into the computer database. Proof of Identity and Immigrant Status When you apply for a SS card, you'll need to provide documents that verify your identity and immigrant status. You must be able to provide proof of current immigration documents with work authorization. The following is a list of acceptable documents: * Form I-551: This document includes a copy of your immigrant visa and current foreign passport. * Form I-94: A copy of your arrival and departure record. * Form I-766 or Form I-688B: Various employment authorization documents ...
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Immigration and Green Cards

... to obtain a Green Card? An alien may obtain one in a variety number of ways. The most common for example are through family, work, making significant investments, or qualifying under one of the special immigrant classifications. Let's examine the first two options a little closer: Family-Based The immigration law generally encourages family members to reunite with their relatives who are American citizens or lawful permanent residents. It is important to remember however that this intent does not reach to deportation and unlawful presence. If you are the spouse, child, sibling, parent or engaged to be married to an ...
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How To Incorporate Yourself Without A Lawyer

... going to protect themselves from lawsuits and other litigation. As such, they will decide that it's in their best interest to form a corporation for their business. While this might be a good idea, the most problematic issue in starting a corporation is the legal fees involved. Certainly, a lawyer can do this for a person, but corporate lawyers cost up to hundreds of dollars an hour, plus any retainer fees. Most people starting out for themselves don't have this type of capital. They want to spend it in other ways, so they might want to take advantage of ... is done through a variety of legal software, as well as joining websites that offer incorporation for small fee. The benefit of doing this is that a person usually only has to pay $300 at the most, so they are saving possibly thousands of dollars on hiring a lawyer. On one particular website, the registrant is taken through the steps bit by bit to file the correct incorporation papers for their state. There are many other rules involved that a person should educate themselves on, but there are resources online as well. This can be a wonderful tool for ...
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TN Visa Requirements for Canadians

... require A NAFTA professional. Also, self-employment is currently not allowed under this category. Falling Under the NAFTA Professions List Not just any job can qualify for a TN Visa. To qualify, the job offer you received should be specifically indicated in the NAFTA TN Professions List provided by the Immigration Service. Generally speaking, we can group these professions into four main fields: general, medical and allied health, teaching and scientific professions. Proof of Educational Attainment Some professions on the NAFTA TN Professions list require accomplishment of advanced degrees, while some don't even require any form of college degree. In ... of the requirements detailed above. It may be easy to assume that these requirements are relatively painless, and in many respects, they are. But every case is different, and your application may feature complications you're not even aware of which may jeopardize your application and cause your denial. Also, immigration officials at the border have become stricter in scrutinizing TN Visa applications due to security concerns and many candidates often falter under this scrutiny in interviews if they don't come prepared.
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From Green Card to Naturalization - A Quick Guide

... for naturalization within a year or less of permanent residency depending on length and status of military service. Old age and impairments may exempt qualified applicants from language and civics requirements. Step-by-Step Process Fill up the Form N-400 and submit to a designated United States Citizenship and Immigration Services (USCIS) center, with two passport photos, photocopy of the back and front sides of your green card and processing fee. Additional supporting documents may be required. Once your eligibility has been firmly established, you'll receive an appointment letter for a biometrics check and naturalization interview scheduling. The naturalization ... can take anywhere from 12 to 15 months. Further delays may be experienced if documents are found lacking, insufficient or otherwise ineligible. Certain issues such as financial troubles, divorce, excessive travel abroad and tax issues may also derail a naturalization application. To ensure a smooth-sailing naturalization process, consult an immigration and naturalization attorney even before filing an application. Doing this will ensure that you are eligible on all fronts, and if not, determine appropriate courses of action. This will save you the time, effort and money that may be spent on problematic applications ...
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