The U.S. immigration process can be stressful, especially if you are unfamiliar with the legal requirements. Many applicants experience delays and setbacks due to the layers of paperwork and bureaucracy involved. USCIS’s pending application backlog grew from 3 million in FY 2013 to 9.5 million by February 2022

Source: USCIS.gov-2013-2021 Data/2022 Data

While many people wonder – can an immigration lawyer speed up the process? The answer is not as straightforward as they might hope. In truth, no immigration lawyer can magically accelerate timelines beyond what is legally permitted. However, by avoiding the mistakes that lead to delays, an experienced attorney can simplify the process, allowing you to move forward without unnecessary hindrances.

Why You Should Hire an Immigration Attorney

Immigration law is known for its complexity. Mistakes in applying for a visa, green card, or other immigration permits can lead to long delays, denials, or deportation. The expertise of an immigration lawyer is essential. The role of these professionals extends far beyond filling out forms; they represent clients in various legal cases and defend their rights.

Immigration attorneys represent clients in matters involving visas, green cards, political asylum, adjustment of status, and more. They also represent clients before the United States Citizenship and Immigration Services (USCIS), the Board of Immigration Appeals, and federal courts. Hiring an experienced immigration attorney is a smart decision.

While you may be asking, can an immigration lawyer speed up the process? What they do is help avoid costly mistakes that could prolong your case. By interpreting the law on your behalf, allowing you to gather the proper documentation, and guiding you through each step, they act as a crucial resource in the immigration journey.

Required Documents for Immigration Application

One of the most common reasons for delay in the process is incomplete or incorrect immigration paperwork. A minor error can set you back significantly. For example, submitting the wrong form or missing a required document can lead to delays that last months, if not years.

The required documents you need to submit include the following:

• Petition: U.S. citizens and lawful permanent residents must file Form I-130 (Petition for Alien Relative), while U.S. employers must file Form I-140 (Petition for Alien Worker).
• Passport: A valid, unexpired passport that extends at least six months beyond your planned entry date into the United States.
• Photographs
• Birth Certificate
• Adoption Certificate (if applicable)
• Marriage Certificate (if applicable)
• Divorce Decree or Death Certificate (if applicable)
• Police Certificates for your home country
• Police Certificates for Other Countries (if applicable)
• Statutory Declaration/Change of Name (if applicable): If your name on the birth certificate differs from the passport and is not due to marriage, legal proof of the name change is required.
• Court and Prison Records (if applicable)
• Military Records (if applicable)
• Evidence of Support (Affidavit of Support): You must provide Form I-864 for immediate relative, family-based, or employment-based applicants during the interview. The evidence must be less than 12 months old.
• Translations of any foreign-language documents
• Visa Fees

The responsibility of an immigration attorney is to ensure that you fill out your paperwork correctly and submit all necessary documents on time. Incorrect or incomplete documents can lead to immediate rejection. While this may not speed up the process by reducing official processing times, it prevents you from facing delays caused by improper submissions.

How Backlog Affects the Immigration Process

One of the most significant barriers to speeding up the immigration process is the bureaucratic backlog. With thousands of immigration applications filed yearly, U.S. immigration authorities are often overwhelmed. As a result, cases may sit in limbo for months or even years before reviewing. This pile-up can make the process feel never-ending.

In March 2022, USCIS set new targets to reduce processing backlogs. These internal goals will help the agency’s staff focus on clearing the backlog, leading to faster case processing times. As USCIS meets these targets, applicants will receive case decisions sooner.

Source: USCIS.gov

While an immigration lawyer cannot jump the line, they keep your case from getting held up due to preventable issues. They help keep your application in order and handle communication with USCIS, preventing delays. Your attorney can ensure you are not contributing to the backlog due to mistakes or missing forms.

Here are some ways an immigration attorney can help with your application process:

1. Documentation and Assessments

The role of your attorney goes beyond just preparing paperwork. They assess your eligibility for the immigration benefits you seek, whether it be a visa, green card, adjustment of status, or to help maintain legal status. This eligibility assessment is crucial because pursuing an ineligible application can waste time and money. If your case has potential risks or complications, an attorney can provide advice on how best to manage it.

Some applicants face issues like a history of criminal charges or inconsistencies in their documentation. By carefully assessing your case, your attorney addresses these issues proactively, preventing them from becoming roadblocks later.

2. Anticipating Delays and Managing Expectations

One of the most important aspects of working with experienced immigration lawyers is that they help set your expectations from the outset. Delays are common in the U.S. immigration system, and part of your attorney’s job is to help you prepare for these delays and understand what to expect.

Your attorney can guide you in maintaining your legal status during long waiting periods. Professional assistance is essential if you switch between visa types or change your immigration status, as any misstep in maintaining your status could cause problems.

3. Assistance with Changing Immigration Status

Another area where an immigration lawyer provides assistance is in helping clients manage changes to their immigration status. Moving from one visa to another or applying for a status change can be difficult. Even something as simple as traveling while an application is pending can jeopardize your case.

An immigration lawyer helps you avoid these issues by providing sound legal advice. They will ensure you comply with all legal requirements while pursuing a status change.

4. Defending Against Removal or Deportation

If you face deportation or removal proceedings, your immigration lawyer becomes your primary defender. They can represent you in court, argue your case before immigration judges, and ensure they pursue every avenue of defense. The stakes in such cases are incredibly high, and having an attorney at your side can make all the difference in whether or not you are allowed to remain in the U.S.

Facing removal without legal representation is a risky step. The U.S. government will have its attorney advocating for your deportation, and without a lawyer, you will be at a significant disadvantage. Your attorney will research the immigration laws relevant to your case and craft a defense strategy to keep you in the country.

5. Handling Difficult Cases

While many immigration applications may seem straightforward, others can be complex. Individuals with unique circumstances, such as criminal records, prior deportations, or health issues, may be ineligible for immigration benefits. In such cases, the expertise of an immigration lawyer is indispensable.

Source: NJPP.org

A lawyer can help argue your case before immigration judges or represent you in administrative hearings, which is necessary when handling sensitive immigration situations. Whether you are facing deportation or fighting for political asylum, legal representation increases your chances of a favorable outcome.

6. Preventing Immigration Scams

The immigration process can be overwhelming, and some individuals may fall prey to scams. These people often promise positive outcomes but lack the qualifications to assist in legal immigration matters. Working with a licensed immigration lawyer ensures you are not falling victim to these scams. State bar associations regulate lawyers, who are legally required to provide professional, competent services to their clients.

7. Handling Communication with USCIS

Effective communication with USCIS is another essential part of the immigration process. Your application can be denied if you do not respond to requests for additional information or clarification. An attorney handles all correspondence with USCIS professionally and on time, preventing delays caused by missed deadlines or incomplete responses.

8. Assistance for Refugees and Asylum Seekers

For those fleeing persecution in their home countries, seeking asylum or refugee status in the United States is a lifesaving option. However, the asylum process is complicated and involves extensive documentation, legal knowledge, and a compelling presentation of facts. Mistakes can lead to a denial, and without legal support, it can be impossible to scale through.

Immigration lawyers specializing in asylum cases help individuals build a strong case that demonstrates a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. These legal professionals ensure they submit proper forms, gather correct evidence, and that the applicant’s testimony is consistent and credible.

Additionally, asylum seekers often face lengthy processing times and may be required to attend hearings or interviews. Having an attorney by your side can increase the chances of winning your case.

9. Immigration Appeals and Legal Representation

If your application is denied or you face complications, a lawyer can review the reasons for the denial and help you present a more robust application on your next attempt. Immigration attorneys are skilled at identifying procedural errors or loopholes and can create a legal strategy to address them.

An immigration attorney can assist with the appeals process, guiding you through legal procedures that may be confusing. Appealing a denied immigration case involves strict deadlines and complex legal briefs, which you must handle with precision. An attorney ensures that all documents are correctly filed, arguments are sound, and deadlines are met to give you the best chance of success. Immigrants with legal representation experience significantly better outcomes compared to those without representation

Furthermore, if you are dealing with an appeal in a higher court, such as the Board of Immigration Appeals or even a federal court, it is much more difficult. Experienced immigration attorneys have the skills to argue your case effectively, helping you challenge an adverse decision and pursue your immigration goals.

Frequently Asked Questions (FAQ)

Can an immigration lawyer speed up the process?

While an immigration lawyer cannot directly speed up your application process beyond the standard USCIS timeline, they can help you avoid delays by filing your paperwork diligently and meeting all requirements.

Do I need an immigration lawyer for every immigration case?

Not necessarily. While simple cases like renewing a green card may not require legal assistance, more complex cases involving deportation, criminal records, or asylum claims benefit from the guidance of an immigration attorney.

What happens if my application gets denied?

If your application is denied, an immigration lawyer can help you understand the reasons for the denial and assist with filing an appeal. They can also work with you to correct issues and resubmit your application.

How much does it cost to hire an immigration lawyer?

The cost of hiring an immigration lawyer varies depending on the nature of the case, location, and the lawyer’s experience level. Some immigration lawyers charge a flat fee, while others charge hourly rates.

What are common reasons for delays in immigration applications?

Delays often occur due to incomplete applications, missing or incorrect documents, and backlog within USCIS. Working with an immigration lawyer can reduce these delays by filing all documents appropriately and submitting them promptly.

Conclusion

Our experienced immigration attorneys can prevent delays and give you the best chance of success. From that your documentation paperwork is complete to guiding you through complex USCIS procedures, an immigration lawyer is an indispensable partner in your journey toward securing your place in the U.S.

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