This guide is on five (5) important pieces of information that your immigration lawyer needs to know when they’re helping you plan for your immigration to the United States.
5 Important Things Your Immigration Lawyer Should Know to Help Your Case
- Status
Your immigration lawyer needs to know what your current status is relative to where you are. Are you currently in the United States? Are you currently outside of the United States?
If you’re in the United States, did you enter with a visa or did you enter without inspection?
If you entered with a visa, are you currently in valid status? If so, when does that status expire?
All of these pieces of information are going to be very important for your immigration lawyer to help you strategize what options you have available to you and what the best plan is for you to ultimately accomplish your immigration goals.
- Immigration issues
Immigration issues can be anything from any previous visa denials, any visa revocations, any denials for any sort of immigration benefits that you’ve applied for in the past.
Have you ever been refused entry to the United States? Have you ever overstayed a visa in the past? Have you ever been in immigration court? Have you ever been subject to removal proceedings?
Any of that kind of stuff that has to do with any previous immigration issues are very important for your immigration lawyer to know about, because certain immigration issues can make you inadmissible for certain immigration benefits.
It’s very important for your immigration lawyer to know these things, so that they can ultimately help you best strategize based on your current circumstances.
- Crimes
Similar to immigration issues above, crimes can also have a major impact on what types of immigration benefits you’re eligible for. So it’s very important for your immigration lawyer to be aware of any previous criminal issues or pending criminal issues that you’re currently subject to.
- Children
Children is very important thing for your immigration lawyer to know about. Do you have children that are ultimately going to be included in your case?
For many different types of immigration benefits, your children that are under 21 years old and that are unmarried can be included as derivative beneficiaries in your case. They can essentially be included as dependents on your case for various types of cases.
For example, if you’re applying for an E2 investor visa, you can include your spouse and your unmarried children under 21 years old as part of your application.
The reason why it’s very important for your immigration lawyer to know about any children that are going to be included in your application is,
- so that they can actually include them in the application and,
- so that they can discuss with you a long term strategy for your children.
Because, for various case types, the children can be included in the case if they are unmarried and under 21 years old.
For example, somebody applies for an E2 visa and they want to include their children in the application, let say one of the children is 20 years old. That child will be eligible to be a dependent on their parents case until they turn 21 years old.
So once they turn 21 years old, they have to have their own independent basis for being in the United States.
It’s important for your immigration lawyer to know this at the outset so that they can help you structure a long term plan.
- Other applications
Other applications is that it’s very important for your immigration lawyer to know if there are any other immigration applications that you have filed or that somebody may have filed on your behalf.
For example, let’s say that you have an employer in the United States that’s sponsoring you for a green card and they’ve filed an application on your behalf, and that application is currently pending.
If you go to your immigration lawyer and you’re going to apply for a certain nonimmigrant visa, there are many nonimmigrant visas that have a requirement of nonimmigrant intent.
Meaning that to get that visa approved, you need to be able to show that you do not have the intent to immigrate to the United States permanently.
It’s very important for your immigration lawyer to know that that immigration application has been filed by your employer. So that in the event that they’re going to be applying for a nonimmigrant visa for you, that they can help you strategize the most appropriate nonimmigrant visa for you in light of that immigrant petition that’s pending.
Because there are nonimmigrant visas that have dual intent, meaning that they have intent that permits you to have immigrant intent, and there are nonimmigrant intent visas that require you to have nonimmigrant intent, meaning that you do not have the intent to become a permanent resident to get your green card.
Again, that’s factor number is important.
In Summary
There’s five important factors for your immigration lawyer to be aware of when they’re helping you strategize your immigration plans.
Status: What is your current immigration status? Are you outside of the United States are you inside of the United States? It’s very important.
Immigration issues and how those can impact what the best options are for you and why those are important for your immigration lawyer to know about.
Crimes.
Children and how it’s important to strategize for your children’s long term immigration plans.
Other applications.
I hope you found this guide helpful.
Source: Ashoori Law
DISCLAIMER: This guide and content is designed for general information only and is NOT legal advice. The information presented in this guide should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. The information presented in this guide does not create an attorney-client relationship nor is it a solicitation to offer legal advice.
If you need legal advice, you may contact an attorney. You should seek the advice of an attorney in your jurisdiction before taking any legal action.
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Every case is different and outcomes will vary depending on the unique facts and legal issues of your case. Thank you.