|
Do I need an immigration lawyer?
"A good immigration lawyer is worth his weight in gold." Director of the USCIS Western Service Center
While it is true that many applications are fairly straight-forward, the system that processes immigration documents is
slow and unforgiving, and a mistake or omission can slow the process down dramatically. By using an experienced immigration
lawyer, you get the benefit of experience and knowledge that can make the difference.
Immigration law allows non-lawyers to assist in completing applications. BE CAREFUL when dealing with "immigration
consultants" or "notarios" who are not licensed attorneys. They often charge high fees for doing work that
sometimes actually hurts their customer. I can't tell you how many people have come to my office after their non-lawyer petition
preparer "disappeared" in the middle of an application process. Even worse, many of these "consultants"
file applications for which they know their clients are not eligible, and expose their clients to the possibility of removal
from the US.
Can you help my undocumented spouse, fiancé, employee, etc.?
Immigrants who enter the US lawfully ("with inspection"), even if they overstay their visas, may be eligible
for several kinds of benefits without leaving the US.
Immigrants who entered the US unlawfully ("without inspection") are rarely eligible for adjust their status
while they remain in the US, and are subject to a ban of up to ten years if they leave the US.
However, there are some very limited circumstances in which those who entered without inspection may adjust their status
without leaving the US. An immigration attorney can tell you if you are eligible.
Are immigration laws changing?
Immigration has been a hot issue lately. Unfortunately, many politicians have seen fit to put politics in front of problem-solving
by authorizing (but refusing to fund) a wall along our southern border. A wall solves nothing.
As of early 2007, the planets seem to be aligned in favor of real immigration reform. President Bush has long favored
a guest worker program. Many of the anti-immigration Republicans who have opposed such a program have been defeated, while
statistics suggest that recent immigrants and their families played a substantial role in the Democratic takeover of Congress.
There is no doubt in my mind that immigration reform will happen eventually. I am hopeful that it will happen soon, and
that it will include a path to Permanent Resident status for undocumented individuals and families who have shown themselves
to be worthy.
I am undocumented. What should I do if local police officers start asking me questions?
Local police officers are not immigration agents and they have no responsibility and no expertise to act as immigration
officers. However, too many local police officers take it upon themselves to "play ICE" and harass people they
believe to be "illegal", usually on the basis of their race and/or language.
Unfortunately, even though many of these encounters with the police are unconstitutional, that does not change the result
if the subject is removable from the US.
If you are confronted by police officers, you have no obligation to answer questions other than your name address and
date of birth. You do not have to tell them your immigration status, country of birth, etc. If they try to push for more
information, tell them you want to leave, ask them why they are detaining you, ask them if you are under arrest, tell them
you want to talk to your lawyer and that you will not answer any more questions without your lawyer present.
Anything you tell the police can and will be used against you.
|
