Immigration Attorney
Aliens who have criminal problems or who have overstayed their immigrant visa often need an immigration attorney to represent them in court. An immigrant can face a host of legal problems.
Some of the ramifications include deportation or incarceration. Studies have shown that many immigrants represent themselves when they go to court. They are known as pro se litigants, or those not represented by an immigration attorney.
Pro se immigrants face a variety of hurdles when they go to court. They typically do not take advantage of the I-601 waiver that was issued partially to relieve the backlog in the court system for immigration cases. An I 601 waiver was designed to allow spouses or fiancées of immigrants to stay in the United States. Immigrants who have overstayed their visas may have to apply for an I-601 waiver of admissibility.
This may allow them to stay in the U.S. if the waiver is granted. Those who have criminal convictions or problems may also apply for an I601 waiver of admissibility. This may be approved, but will need to be filed with the States Citizenship and Immigration Service (USCIS).
Legal Ethics in Immigration matters may need the assistance of an immigration lawyer. An immigration lawyer can help with getting an 601 waiver approved. An immigration attorney knows the rules and reasons when immigrants should apply for a 601 waiver, or when immigrants should apply for a HB-1 Visa or asylum. An HB-1 Special Employment Status Visa is most likely to be granted to those immigrants that work in specialty occupations. They may have their visas extended by virtue of their employment. These are typically professional occupations in the fields of sciences, engineering, mathematics, law or education. They must have employment or the promise of employment in these fields to qualify for the visa.
It would be wise for immigrants without legal representation to hire an immigration attorney. That will give the immigrants the best chance to stay in the U.S. Negotiating through the bureaucracy of immigration is never easy, and an attorney can help an immigrant avoid the common pitfalls of the system.
The filing process is difficult and an applicant may face extended wait times. Currently there is no set standard for expedited processing of these forms. An immigration attorney may find that the applicant is eligible for special statuses such as those covered by the 601 waiver or the HB-1 specialty visa, Temporary Protected Status, Dream Act or Asylee.
For those that can afford an immigration attorney they should hire one, or ask the court to appoint one for you. Immigrants without legal representation face an uphill battle when it comes to staying in the US since knowing how to use the appropriate forms and understanding prosecutorial discretion will be difficult for an immigrant.