Archive for July, 2012

Does Having an Immigration Lawyer Essential to the Immigration Process?

Posted on July 20, 2012. Filed under: Immigration | Tags: , , , , , , , , , , |

Many people around the world look forward to immigrate to the United States for various reasons. Immigration is at times considered to be a complicated process. There are various web-based resources offered by the USCIS to help the people throughout the overall immigration process. The process gets complicated only when the applicants fail to follow the instructions and when they have problems with their supporting documents. Some people who seek to immigrate to other United States may have criminal backgrounds where they might have been charged for minor crimes, in such circumstances seeking the advice of an immigration attorney will be of great help. It is because the immigration lawyers are well aware of the United States immigration laws.

Form I-751, Petition to Remove the Conditions of Residence, is the USCIS immigration form which must be filed by a conditional permanent resident to remove conditions, if the conditional status was granted through marriage. This form must be filed jointly by the couple. That is done to ensure that their marriage is genuine. USCIS requires the couple to file the form jointly because many people who wish to immigrate to the United States, get married just to obtain lawful status in America. To avoid fake marriages, Form I-751 must be filed together by the couple. There are instances where the couple may be separated before the end of the conditional period for genuine reasons such as domestic abuse, though their marriage was entered in good faith. If the couple is separated, the spouse may not be able to file an application to remove conditions, separately and if the conditional Green Card expires, the spouse may not be able to remain in the Unites States. In such cases, if the spouse is unaware about the immigration processes, it is well and good to seek the advice of an immigration lawyer.

Similarly Form N-400 is one of the important immigration forms. Permanent residents of the United States who satisfy the US citizenship requirements may file this form to apply for US citizenship through naturalization. Eligible applicants may follow all the form instructions provided by the USCIS and file the application. Answers to all the questions in the form must be provided honestly. There are questions which require details about the applicant’s criminal history. The applicant may at times be confused whether to provide information about his background. He may try to conceal information about his criminal background, if he was convicted of a less serious crime, thinking that the US immigration officers will not take it seriously. But that is not true, when an immigrant applies for US citizenship, the USCIS officers will gather all information about the applicant’s background. If the applicant is doubtful he can always find an immigration lawyer who can help him fill and file his application for naturalization, successfully. It applies not only to the people with criminal backgrounds but also to people who have difficulties in obtaining certain civil documents which must be submitted as supporting evidence. An immigration attorney may guide the applicant throughout the filing process, because most immigration attorneys work with government offices such as the USCIS and they will be aware of immigration issues and they also may be able to resolve certain issues.

In most cases the applicants can file their applications by themselves. Most immigration forms may be filed online. Step by step instructions are be available while filing certain immigration forms online, for which the aid of an immigration lawyer may not be necessary. But remember that not all the USCIS forms are not available for e-filing and not all applicants are eligible for filing online. Hence it is always good to go through the form instructions before filing an immigration form and after that you can decide whether you require an immigration attorney or not.

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