Category: Legal

What does an immigrant lawyer do?

The immigration issues that have seen intense political debate and media coverage in recent years are only part of the story.

The United States sees a constant influx of people hoping to live, work, and study within its borders, and immigration lawyers can help individuals, families, and businesses navigate those various and often complex immigration pathways. A person’s immigration status might impact and intersect with other legal matters too, such as family law, criminal law, business, and tax law, and being well versed in immigration law is necessary for attorneys practicing in those areas as well.

Immigration lawyers may represent clients in administrative courts, or they may counsel clients about their legal rights and obligations related to immigration, among other things. They also suggest courses of action based on their knowledge of immigration law.

For example, immigration lawyers might help citizens of other countries through the process of gaining legal status to work in the United States with the H-1B visa program. This program provides a framework for American employers to hire non-U.S. citizens in jobs where their skills are needed. Individuals hoping to come to the United States to fill such positions must gain approval through a complex and often intimidating process. They (or often the employers hoping to hire them) often turn to immigration lawyers, who provide assistance in completing forms and taking other required steps. The lawyers may also represent clients in dealing with government officials in matters related to the visa application.

You can find immigration lawyers in various legal settings as well, from large law firms to smaller practices that include or specialize in immigration law, to government agencies to nonprofit organizations. (Every world-class performer or athlete has an immigration attorney behind them, advising on and securing necessary visas!) Some immigration attorneys provide services through a nonprofit or public interest law fair. Or they may prepare correspondence, meet with government officials, make presentations, and advise staff and volunteers, among other duties.

Finally, highly experienced immigration lawyers may pursue other career interests, such as teaching immigration law in law schools. Many universities have an immigration attorney on staff to advise incoming students and faculty as well. Other possibilities include becoming an immigration judge, a legislative aid (every member of Congress has an immigration advisor on staff), or an appointed or elected official.

Even criminal lawyers would be well-advised to understand immigration law, as they can be professionally sanctioned for failing to properly advise non-citizen clients of the immigration consequences of convictions, pleas, and sentences.

At the end of the day, immigration law can be a strong fit to students interested in human rights and international law, as well as those interested in business law or criminal law.

Applying For Citizenship

Immigration lawyers do much more beyond helping people become citizens of new countries. In addition to this task, immigration attorneys can defend a person’s case and prevent him or her from being deported to another country. A lawyer may provide legal advice about a person’s ability to obtain a work visa in another country for a specified period of time. If a student is studying abroad, then he or she may want to consult with a immigration attorneys for the appropriate visa.

An immigration attorney also helps people obtain citizenship through naturalization. You will need to receive various appointment letters and pass an English and Civics test in order to obtain citizenship through naturalization. Read about the other steps required from the Citizenship and Immigration Services.

An immigration lawyer can be very helpful when you are applying for citizenship from another country. The process of applying for citizenship can be very complex and time-consuming. A lawyer helps you gather the documentation you need to become a citizen. You may also be eligible to apply for citizenship through naturalization in a country like the United States. Here are the other general ways that an immigration lawyer can help your case:

• Assist with citizenship tests.
• Obtain immediate access to citizenship in emergency situations.
• Represent you in court.
• Help you start a business in another country.

Situations and people an immigration lawyer can help with include:

• Immigrating to the United States
• Helping your family to immigrate to the United States
• Getting a Green Card
• Becoming a United States citizen
• Obtaining asylum or refugee status
• Obtaining visas for workers and students
• Obtaining legal status for people who are having trouble renewing a visa, or who have overstayed their visa
• Obtaining legal status for people who are in the United States illegally
• Preventing deportation or removal from the United States
• People who are being tried for a crime that may affect their legal status
• People who may be deported for a criminal conviction or immigration violations in the past
• Helping people with a criminal record immigrate to the U.S.
• Helping people who have previously been deported return to the U.S.
• Obtaining legal status for people who are having immigration issues due to use of fraudulent documents, misrepresentation, marriage issues, medical issues, court history, or other circumstances
• Starting a business in the United States as a foreigner, or employing foreigners in your business

What are Some Situations Where Hiring an Immigration Lawyer is Necessary?

Most persons hire an immigration lawyer when they need assistance in submitting an application for some type of immigration document, such as a visa or green card.  This is especially true when the person is unable to fully understand the various requirements under immigration law.

There are certain instances when hiring an immigration lawyer is absolutely necessary.  Some of these situations include:

• If an applicant has been convicted of a crime: Nearly all USCIS forms ask whether the applicant has been convicted of a crime.  The applicant must disclose their entire criminal record, even for charges that were dropped or expunged.  It is usually not necessary to hire a criminal lawyer; immigration lawyers always understand how immigration and criminal law overlap.

• Prior immigration applications have been denied: An immigration lawyer will be able to determine why the application was denied.  They can also tell if it is possible to appeal the application or re-apply later in the future.

• If the person has previously been deported or excluded from entry into the U.S.:  Sometimes deportation or exclusion means that the person is permanently barred from future applications.  An immigration attorney can provide advice on the effects of deportation and exclusion.

• If an applicant has a medical condition: Some, but not all medical conditions may prevent a person from obtaining entry into the U.S. (such as some communicable diseases).

• When an applicant is waiting an unreasonably long time during the application process:  Immigration lawyers are familiar with application processes, including deadlines and waiting times.  A lawyer can sometimes help the applicant obtain expedited or rush processing.

• If the applicant is seeking an employment-based visa, but their prospective employer is not assisting with immigration issues: Processing for employment-based visas can be complicated.  An immigration lawyer can help ensure that future employers are fulfilling their obligations to future immigrant workers.

Hire An Immigration Lawyer

Because obtaining citizenship in a country like the United States can take up to seven years for some people, it is essential to have a lawyer working on your side. A lawyer helps you submit the appropriate documentation to prove your case in court. An immigration attorney also helps ensure that you are handling the process with as much efficiency as possible. He or she will try to avoid any delays in helping you obtain your citizenship. When you have an emergency situation that requires you to go to another country, an immigration attorney helps you obtain the type of documentation that you need to legally reside within a country for a long period of time.

Secrets only divorce attorneys know

Divorce process is a stressful process that can easily bring out the worst in people. Some people even see divorce as a way to seek revenge on a spouse by seizing money and assets.

Although divorce can get you out of an unhappy marriage, it can also milk you for all you are worth if you don’t know your rights.

Don’t Let Emotions Lead Your Financial Decisions

People often want to take out their hurt feelings on their exes; however, it’s important not to let emotions interfere with the business at hand. In the long run, being spiteful could harm your own finances

Everything Is Divisible and Is Fair Game

Individuals often make the mistake of assuming that assets that are in their names can’t be claimed by spouses in a divorce. However, divorce experts caution that the opposite is true.

Make Big Purchases Before Filing for Divorce

Have a big purchase in mind, such as a new car? “Most states issue automatic financial restraining orders prohibiting people from making big purchases or liquidating assets after the divorce is filed, absent a court order or an agreement,” said Narris.

DivorceLawyer

Divorce is never easy, but a good divorce lawyer will make the experience as painless for you as possible. The right attorney will help you arrive at a settlement that works for you and your former spouse, and will be on hand for divorce modifications involving custody, alimony and other concerns–not just now, but for years to come.

When hiring a divorce lawyer, you’ve got to do some homework of your own. If you have friends, coworkers or relatives who can recommend someone, that’s great. Even if you’re starting from scratch, you can end up with a good attorney

Things to think about when hiring a divorce lawyer include:

Experience: How much experience does the attorney have in family law? In divorce cases? Practicing law in general? How much of his or her practice is devoted to family law issues?

Rates: Are you paying a flat fee or by the hour? Will the attorney offer a free consultation to hear your case? How often will you be billed? What miscellaneous expenses, such as court filing fees, will you have to pay?

Comfort Level: As the divorce case proceeds, you may need to talk to your divorce lawyer about personal issues, concerns, and problems. Do you feel comfortable with this person? Do you have a rapport, and do you trust him or her to advocate for you?

Divorce Lawyers Should NEVER Do These Things

Whether we like it or not, divorce lawyers are the ‘go to’ professionals for spouses deciding to separate. In fact, most people still believe that they are required to go to court in order to obtain a divorce

the vast majority of separating spouses resolve their affairs outside of court. Nonetheless, divorce lawyers are needed in order to advise spouses on their rights, obligations and preferred method to resolve their affairs. Most divorce lawyers do an excellent job serving their clients. However, there remains a small few few who don’t. 

Never fan the flames.

Divorce lawyers are neutral, balanced and trusted legal advisors. Clients rely upon us to validate good choices and to correct bad choices. Especially when it comes to matters of the heart such as family and divorce, clients especially require sound legal advice even if that means disagreeing with the client’s viewpoint. Indeed, it is exactly at such moments that the benefits of independent legal advice are most valuable.

Never let a client stand on principle.

Many marriages end because of personal, emotional or moral considerations. The role of the lawyer is to assist the client to transition from the end of their marriage to the beginning of the next chapter of their life, as speedily and as painlessly as possible. Standing on principle is a sure fire way to cause the experience to be more protracted, expensive and painful.

Never befriend the client.

Although the lawyer will collect the client’s history of marriage and separation and become privy to all of the sensitive details within that family’s life, the lawyer must remain an impartial advisor. Although there are times for advocacy, what the client often needs is sound legal advice as to her options and remedies as opposed to having another person commiserate with them

Divorce Lawyers serve a critical purpose at a very sensitive time in a person’s life. What is needed is helpful, expert and objective advice to assist the client in navigating that stage in her life.  When choosing a divorce lawyer, be absolutely certain that the person you select has the experience, expertise and skill set needed to achieve an amicable, speedy and inexpensive divorce settlement. 

Divorce Basics Question

What options are available for filing for divorce?

you have several options for getting a divorce. These include mediation, collaborative law, a no-fault dissolution of marriage, and adversarial divorce proceedings in court

How can I use mediation for my divorce?

If you and your spouse are able to work together but have incompatible goals regarding child custody, property division, or other matters relating to your divorce, mediation may be a good option. With mediation, you and your spouse will work with a neutral “mediator” who can employ proven strategies to help you and your spouse come to terms.

What is collaborative law and how can I use it for my divorce?

Collaborative law is a relatively new concept in family law that allows divorcing spouses to avoid contentious disputes in court. In a collaborative divorce, you and your spouse will agree up front not to go to court, and you will work closely with your attorneys and subject-matter experts to come to an amicable resolution on all of the key aspects of your divorce

How do I choose the best option for my divorce?

Which option is best for you will depend on the unique circumstances involved in your divorce.

Can one attorney represent both my spouse and I in our divorce?

While it is technically possible to have one attorney represent both spouses in a divorce, we generally don’t recommend it. In most divorces, there are just too many conflicts for both spouses to have the same legal counsel. In addition, if any issue in your divorce starts to look like it might possibly end up going to court, you will likely have to hire a separate attorney anyway.

Divorce Lawyers and Family Law Attorneys

Sometimes, despite our best efforts, the future we’ve tried to build with a spouse or significant other begins to fall apart. Sometimes it can be salvaged, sometimes it can’t and you find yourself in need of an experienced divorce lawyer

we have many years of experience dealing with the issues commonly involved in divorce cases and, because of our additional backgrounds in business law and trust, estate and probate law, we are also well equipped to assist business owners and professional people through the less common issues that are also involved in their divorces

Make Sure Your Divorce Attorney is Experienced

When your marriage is headed for dissolution, it often feels like the rug’s been pulled out from under you, you’ve had your breath knocked out, and you no longer have any control over your own future or the futures of those you care most about. At these times, it’s vital to have an advisor who can help you understand your family law rights and options, as well as the rights and options of all the parties involved in the process; and to have an advocate who will go to bat for you to achieve the best possible outcome.

While most of the issues involved in Divorce Law are similar across the country, Divorce Law itself is very state-specific. It’s better to have a divorce lawyer who’s actually been practicing divorce and custody law locally, rather than a franchise of some out-of-state law firm with catchy radio ads. And, don’t be fooled by mediation mills that try to convince you that “divorce without lawyers or courtrooms” is the way to go. At best, they must remain neutral and cannot advise you as to the law and your rights. At worst, they’re attempting to practice law without a license.

Every divorce case must go to mediation before it can go to trial, and most divorce cases actually settle in mediation. It’s far better, however, to go to mediation when the case is actually ready to settle, with an ethical mediator and attorneys who have your back, than to rush into it and either blow what may be your one shot at mediation without reaching a settlement or worse yet, cut a bad deal for yourself and your children because you were not well advised.