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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.
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