Frequently Asked Questions
Why hire an immigration lawyer?
Many immigrants and their family members believe they know the immigration forms they need to file and have received guidance via social media or a non attorney about how to proceed. Looking at some immigration forms, the immigration process appears deceptively simple. In reality, immigration is extremely complex and nuanced. So, here are a few reasons to hire an attorney. First, the immigration landscape is changing rapidly. Immigration attorneys have access to resources that allow us to review changes, confirm which clients they apply to, and notify clients of concrete steps that may need to be taken in light of changes. Second, an immigration attorney's role is really to look far into the immigrant's future - 1, 5, or 10 years down the road - and be able to advise the immigrant and their family member on productive steps that can be taken now as well as risks. Without sufficient historical context and experience, this information simply cannot be gained from social media or a non attorney. And finally, during the months or years while an immigration process is pending, questions undoubtedly arise: can I work? can I travel? what do I do when I relocate? Having an attorney means that you will have answers to your questions throughout the process.
Why do only some people seeking immigration status receive a work permit?
Whether an applicant for an immigration benefit is eligible to apply for a work permit depends on the kind of immigration benefit requested. For some benefit requests, it is standard for USCIS to issue a work permit while the application is pending. For other benefit requests - which may ultimately be successful - there is no option to receive a work permit. And, even when a work permit CAN be requested, there is no guarantee that USCIS will issue one.
What are the best ways to prepare for an immigration interview?
The preparation necessary prior to an interview with USCIS will depend on the content of the application filed. But, for most applications, good preparation involves: 1) reviewing and updating Forms; 2) understanding questions likely to be asked during the interview; 3) gathering supplemental supporting evidence for filing at or prior to the interview; 4) understanding local practices at the office where the interview will take place.
How to know if a waiver is required?
Waivers are commonly used in immigration to request permission to proceed with an immigration application despite having a complicating past circumstance. The waiver that is needed will depend on what the past circumstance is (i.e. an unlawful entry, a criminal history, a past removal order, a misrepresentation). However, certain waivers are only available to some applicants, and not others. If you believe you will require a waiver, it is important to seek legal counsel.