If you are a nonresident in the states, you’ve likely already experienced some immigration matters. Immigration laws are what governs who may enter the country and the duration of their stay. Some immigration processes may be as easy as requesting a traveling visa. Other times, the complex nature of immigration law can make the process very daunting. Hiring an immigration attorney will help individuals better navigate through their legal rights and provide available strategies.
What Is An Immigration Lawyer? What Can An Immigration Lawyer Do For Me?
A noncitizen currently residing or planning a visit to the states is guaranteed to come across immigration issues. Immigration often deals with various issues relating to entry and the duration of stay in the U.S. An immigration lawyer is an independent practitioner with the expertise and capacity to work with U.S. immigration authorities. The U.S. immigration law is built on four main principles, the reunification of families, admitting immigrants with skills that are valuable to the U.S. economy, protecting refugees, and promoting diversity. Mainly immigration lawyers can help clients deal with various immigration issues such as;
- Visas
- Green cards
- U.S. citizenship
- Studying abroad
- Employment authorization
- Travelling, etc
Not all immigration issues will require a lawyer. For instance, an individual who wants to visit the U.S. for a vacation may simply request a tourist visa with the U.S. Embassy or Consulate located within their country. In most cases, travel visas will allow individuals to stay up to 180 days in the U.S.
However, immigration issues are often not that straightforward. Due to the complexity and the high volumes of cases being processed into immigration each year, even a small mistake on the application may significantly delay a request. For example, when there’s a mistake on an application individuals may be required to redo the application for the second time. In cases where the mistakes are critical, individuals may have to defend their rights in removal proceedings in court.
When Should I Call An Immigration Lawyer?
Some examples of when you may want to contact an immigration lawyer include situations in which;
- There are any issues concerning an immigration status
- There are concerns about the eligibility of a green card
- You are trying to request for any soft of discretionary relief, such as asylum or waiver
- There are issues with applying for a USCIS green card, citizenship, or other immigration
- benefit
- You have a history of denied or refused immigration application
- The amount of paperwork and application process becomes unmanageable
- You are an overseas employee seeking to move to the U.S. and obtain work authorization
How Can An Immigration Lawyer Help My Case?
Depending on each case, an immigration attorney may serve clients in various different ways. With complex immigration cases, immigration attorneys can advise clients of their rights under the law. Lawyers are able to evaluate a client’s circumstances with the immigration issues they are facing and provide possible solutions and strategies to fix the issue. In less complex cases, immigrant lawyers can also help guide clients through various legal processes such as filing applications, court proceedings, and interviews. Oftentimes, lawyers can help clients cut down a lot of time by preparing paperwork as well as organizing necessary and important documents for a case such as birth certificates, marriage certificates, divorce papers, financial documents, and more.
Do I Need an Immigration Attorney?
Frequent questions that always come up are “Do I need an immigration attorney?” or “Is it worth it to hire one?”. In short, no, immigration cases do not require individuals to be legally represented. This means that it is completely up to the individual whether or not they choose to hire a lawyer. Additionally, the necessity of hiring a lawyer will also depend on the complexity of the immigration issue that the individual is facing.
As previously discussed, simple immigration cases can easily be handled without legal representation. Individuals may choose to handle the cases themselves and may not want to pay extra attorney fees on top of other government fees. However, immigration frequently has complex cases that can be very challenging. The process may not only be difficult and stressful, but it can also be high-risk. In many instances, immigration issues have a lot on the line, and the possibility of deportation or separation from loved ones is not uncommon. Spending extra expenses on hiring an immigration attorney can actually save costs down the road by ensuring that the process is done right from the first time.
The absence of legal representation may significantly hinder an immigrants’ ability to receive a fair hearing. Statistics gathered by the American Immigration Council also support several reasons why it is a good idea to seek out a lawyer who specializes in immigration law. Generally, immigrants with attorneys have a higher success rate at every stage of the court process;
- 44% of represented immigrants in detention were more likely to be released from detention compared with the 11% unrepresented immigrants
- Represented immigrants were more likely of applying for relief from deportation
- Represented immigrants were more likely to succeed in obtaining the immigration relief they applied for
How Much Will An Immigration Attorney Charge?
Okay, an immigration attorney sounds great, but what is it going to cost me? Attorney fees are notoriously known for costing an arm and a leg, however, that is not always the case. Immigration attorney fees range depending on the immigration issue. Key factors that will determine the cost of an immigration attorney may include;
- The type of service that you need – Simply, what do you need help with? Do you need help with filling forms and applications, assistance in court, or dealing with criminal charges? The type of service that the attorney renders will determine the amount they’ll charge.
- An attorney’s level of expertise – Immigrant attorneys with more experience may charge clients with a higher fee.
- Attorneys’ fee varies in different states – Attorney fees range from state to state. Choosing an immigration attorney from a certain state might mean clients are paying more or less than another state.
- The immigration issue of your specific case – What is the nature of this particular immigration issue? Several issues can be within the scope of immigration such as visa, citizenship, and work permit.
Typically, immigration attorneys charge five main fees for their service; consultation, hourly fee, application assistance, green card assistance, and USCIS fees. Hourly rates can cost anywhere between $150 and $300 per hour, depending on each state. Consultations are usually charged with a separate consultation fee of $75 to $150. Any assistance with the application process such as form filing may have an average cost of up to $800. In other cases, green card assistance will usually start from $800 to $5000. Lastly, most immigration processes will require a USCIS fee that costs anywhere from $460 to $700.
Additionally, below are some common immigration types with estimated attorney fees;
- Application for work authorization – $250 to $500
- Citizenship – $500 to $1,200
- Family based green card petition – $800-$1500
- Employment based green card petition – $1500 to $5,000
- Asylum Application – $1,000 to $3,000
- Adjustment of status application – $600 to $1,200
- Deportation defense – $2000 to $10,000
What If I Can’t Afford an Immigration Attorney?
You may have decided that hiring an immigration attorney is the solution for handling your case. However, financial reasons may prevent you from getting the representation you want. In some cases, attorney fees may be as low as $250, but in other cases, the total can amount to significantly greater value for as high as $10,000. Luckily, there are a couple of available solutions around this that will still help you get legal help.
Work Arrangements
First, you can simply ask the attorney to divide the work with you through an arrangement. This means that the attorney will only be charged at an hourly rate while dealing with discrete tasks. The task may include consultation, document reviews, and assist you in interviews. On the other hand, your division of the work may include filling out application forms, drafting documents, statements, and letters.
However, with this method, it is important to note that the attorneys hired on an hourly basis will likely not work with you on mixed arrangements. Meaning that the attorney is not responsible for any mistakes that are done on your half.
Non-Profit Organizations
Second, you can reach out to nonprofit organizations to help you with your immigration case. Typically, nonprofit organizations offer a reduced rate to clients, although a few will legally represent you pro bono (free of charge).
What Government Agencies Do Immigration Attorneys Work With?
Several federal government agencies work together to enact and enforce immigration laws. To understand the immigration process and how an immigration attorney will proceed with a case, you must first know these agencies and understand how they interact. Each agency plays a different role, but all agencies must work together so that immigration standards may function as a whole.
United States Citizenship and Immigration Services (USCIS)
USCIS mainly deals with the process of lawful entry into the U.S. Individuals that may deal with USCIS include family members or employers that are sponsoring foreign nationals for immigration and individuals who are immigrating. The USCIS may provide immigrants with several services such as;
- Processing citizenship application
- Managing family petitions
- Authorizing employment within the U.S.
- Maintenance of existing green card/work authorization
- The Department of Homeland Security (DHS)
DHS is responsible for protecting the safety and security in the U.S. from acts or terrorist and other disasters. DHS also serves as the main branch of several federal agencies that deal with immigration including;
- The United States Citizenship and Immigration Services
- U.S. Customs and Border Protection
- U.S. Immigration and Customs Enforcement
Immigration and Customs Enforcement (ICE)
ICE aims to protect cross-border crimes and illegal immigration that may be a threat to national security and public safety within the U.S. ICE plays an investigatory role in illegal immigration claims. Additionally, it enforces immigration laws by removing convicted criminals, fugitives who possess a threat, and individuals who entered into the country without legal authorization out from the U.S.
The US Department of State
The US Department of State is in charge of issuing visas and usually deals with both immigrants and non-immigrants. Further, it also gives out the Diversity Visa Lottery to randomly selected individuals from different geographic regions.
Contact Pride Legal
If you or a loved one has been looking to gain citizenship in California, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.