Do I need to hire an attorney that is board-certified specialist in immigration law? What else should I be aware of when hiring someone to help me with my immigration filing?
It's no secret that immigration laws have become more and more restrictive-and complicated in recent years. You may need an experienced immigration specialist to work with the various government agencies to help you with your immigration issues. A specialist in Immigration and Nationality Law who is certified as such by their State Bars is constantly studying the latest requirements and procedures in immigration law through continuing education of ever-changing laws and regulations.
The need to find the right person for the job is no small matter. Many who want to know more about immigration matters such as immigrant and non-immigrant visas, green cards, work permits or who are facing deportation or removal before an Immigration Judge or need to file an appeal of an unfavorable decision are often victimized by swindlers, dishonest immigration consultants, phony immigration "specialists," notaries, etc., who take their money, their documents and make all kinds of promises. We meet unhappy souls who have sacrificed great amounts of time and money and who have ended up with nothing or worse! Many times their "helper" has jeopardized their right to any immigration benefit or to any right to relief.
Therefore, it is absolutely critical to educate yourself so that you can make the right decision about what kind of immigration help you need and who should provide that assistance before you decide to get help with immigration matters, and before you pay any money or surrender any irreplaceable documents.
Remember that immigration consultants and immigration assistance service providers cannot give legal advice or provide legal services in immigration matters. But, you even have to be careful with certain lawyers and you should, therefore, always ask for a written agreement before paying an attorney for legal services. Any attorney in California, for instance, must give the client a written contract for any fees that total $1,000 or more or he can be sanctioned by the California State Bar.
Is it true that President Obama is going to reform the immigration system?
After the Bush-Fox legalization plan fizzled a few years ago, many were hoping that President Obama would take on comprehensive immigration reform. The hope is that millions of undocumented immigrants may be able to legalize their status one day as millions did after Congress created an amnesty program in 1986 that eventually legalized millions of qualified applicants. While there is no current legislation for such a reform, it would helpful to look at the current eligibility requirements to make sure that you will be eligible should such relief become available.
If I want to be eligible for immigration benefits, what do I need to do?
The most successful applicants for immigration benefits in today's climate have not committed serious crimes in the U.S. and generally have been productive, law abiding members of their communities. Many have children who were born here or relatives that are residing here legally. Another qualification will undoubtedly be proof on physical presence in the U.S. probably for at least the past five years.
What does continuous physical presence mean?
To show physical presence in the U.S., gather documents evidencing your physical presence in the United States, such as: leases, deeds, licenses, receipts, letters, birth records, church records, school records, medical records, employment records, and evidence of tax payments. Secondary forms of evidence include, but are not limited to, letters from pastors, friends, family and others who are prepared to swear under oath about the ongoing physical presence of the applicant. The more prepared you are now, the better you can assist your attorney in filing for your immigration status.
What else should I make sure that I am doing in order to obtain immigration benefits?
Good moral character is an important consideration of the immigration process, so it might be a good idea to request your FBI records, or even better, the lack thereof. Many providers of immigration photos or immigration specialists can help to you to obtain such records. Also be prepared to submit any diplomas, prizes, awards, certificates earned, if applicable. They may not be necessary but they could still be helpful. Also, consider straightening out income reporting requirements. If you are filing for immigration status or if the government does reform the immigration by offering legalization, then you will probably need to file amended income tax returns for all of the years you have resided in the United States.
