Category: Legal

Why Should I Hire an Immigration Lawyer?

Often times, people may wonder why they should hire an immigration lawyer and the truth is that you will save yourself a lot of time, effort, and stress by doing so. When it comes to applying for an immigrant visa or green card, it is not required to have an immigration lawyer. Depending on your circumstances,

many people can even get through the entire process without even having to hire an immigration attorney; however, it can be a long and arduous process without one. In addition, those who have a complicated case may need one. For instance, people who have a record of crimes or run-ins with immigration authorities, or with the law in general, it is suggested that you have legal help.

Overall, hiring an immigration lawyer will save you plenty of time and stress. Immigration law and the issues that come with it are extremely complex and it is not simple to handle alone, so that is important to keep in mind.

Figuring Out Your Options

There are several different visas and green cards that one could choose from. Ultimately, it will all depend on what best suits your situation. In addition, some immigration options are better than others and some are faster to obtain. By speaking to the best immigration lawyers, you will be able to better decide what works best for you.

For example, there are several purposes as to why someone may want to look into visas or green cards. There are worker’s visas, family-based visas or green cards, and much more. Some take longer than others to obtain and some have more advantages over others.

Immigration Court Process

The immigration court process is not only overwhelming, but it is also time-consuming and overall, it can be a pretty stressful process. There are several applications that one must fulfill, deadlines, appointments, and many other aspects that come with the immigration court process. By hiring an immigration attorney, he or she will be able to make sure that everything you need is turned in at the time it needs to be, along with making sure that whatever applications are needed are filled correctly.

When it comes to the immigration court process, there is no time to waste and risks can be heightened without a Pasadena immigration attorney.

In Cases When You Are Unaccepted

There are cases in which those who have tried to apply for visas or green cards are inadmissible. For instance, they may be going through a legal issue that will surely need professional legal help. If you have committed a crime and wish to be granted a certain status in the U.S., you will surely need to hire an immigration lawyer.

Paperwork Can Be Overwhelming

When it comes to immigration applications, even the simplest paperwork requires very meticulous instructions. There are a lot of instructions you must follow as well as fees that must be paid. If you make a mistake on your application, this can cause a great delay, return, or it can even be rejected.

Tips from an Immigration Attorney, particularly if you have no status in the United States:

• Keep a log of every time you have left and entered the country.

• File away any piece of paper you get with your name, date, and a location on it. Many immigration solutions depend on proving that you were in the United States at a certain time or for a certain length of time. These sorts of records can make or break a case and they are much easier to build over time, instead of in a mad-rush to gather ten years (or more) of evidence all at once in time to get to court on a schedule decided by the judge(Examples of these documents include doctor’s notes, envelopes mailed to you with a postmark, receipts for money transferred to loved ones abroad, mobile phone statements, bank statements, utility statements, school and medical records for you or your children, rent payment receipts, Amazon delivery records, gym memberships, etc.).
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Limit alcohol intake. DUIs and domestic violence or assault charges stemming from a drunken fight can be hugely problematic for foreign nationals in the United States.

• Never ever EVER claim to be a U.S. citizen, which includes registering to vote. If you fear that you may have been automatically or accidentally registered at some point when you did something else, do not ignore it! Act to cancel the registration as quickly as possible and do not vote in local, state, or federal elections until you are naturalized.

• Do not seek legal advice from a notario! In the United States, a notario (notary public) is not an attorney nor an immigration expert. They are not authorized to practice law. They may advertise that they are “immigration consultants,” but they are not qualified to assist you in your immigration case. We have seen countless cases filed by notarios that have led to serious consequences, because they were improperly handed. A notario cannot represent you in court. A notario does not have a legal license to protect. Attorneys, rather, will be there with you in court — defending you and ensuring you get the best defense. Attorneys know that if they mishandle your case it could affect their law practice. If you go to a notario, your case will likely end in shambles with no one there to help you piece it together. Do not make this mistake. Immigration law is extraordinary complicated. If you want your case done right — go to an immigration lawyer.

How Do I Choose a Lawyer?

Before choosing a lawyer, call the offices of the lawyers on your list, briefly explain your legal problem and ask:

• Are you specialized and/or experienced in my type of problem?
• Do you charge a flat rate or hourly fee for this type of work?
• Can you give me an estimate of the cost?
• Can you estimate the amount of time it will take?

How Should I Make My Decision to Hire a Lawyer?

Consider the following factors before agreeing to hire a lawyer:

• Can you communicate effectively with the lawyer? Was the lawyer clear and easy to understand?
• Are the fees reasonable in comparison with other lawyers’ charges?
• Did the lawyer give clear explanations of how he or she will let you know about progress in your case?
• If you are not satisfied with this lawyer, do not hire him or her. Look elsewhere for legal help.
• Before you finally sign a contract with a lawyer, read it carefully. Make sure you understand it. Everything you and the lawyer agreed to should be in writing.

Tips On Hiring An Immigration Attorney

Hiring an attorney can be an intimidating, confusing, and even frustrating process. Before hiring an attorney, it is important to do your homework. Find out as much as you can about an attorney before signing a contract. Some questions to ask an immigration attorney at the initial consultation include:

• How long have you been practicing law?
• In what state(s) are you licensed to practice law?
• What percentage of your clients are immigration cases?
• Are you a member of the American Immigration Lawyers Association?
• How often have you handled immigration matters like my case?
• What is the range of possible outcomes in my case from best to worst?
• What will be your fees and how will you charge me?
• Who in your office will work on my case?
• How do I communicate with your office? What is your policy for returning calls and e-mails?

Benefits of Being a Lawyer

Lawyers often are the punchline of many jokes; however, being a lawyer has its benefits.  It takes years of hard work and intensive study to become a lawyer; therefore, very few people would choose this career if there were not several excellent benefits of being a lawyer. For those who work hard, the rewards of being an attorney outweigh the cost of achieving your law degree and license to practice law.

The benefits of being a lawyer depend on several factors; however, four of the most common benefits of being a lawyer include:

Wide Selection of Career Options

The benefits of being a lawyer include being able to select from a wide variety of career options in the public and private sector. If your calling is to make the world a safer place for you, your family, and everyone else, you may choose to become a criminal prosecutor. On the other hand, if you believe our criminal justice system is grounded on the principal that everyone is innocent until proven guilty and everyone has the right to competent legal counsel, you may choose to become a public defender. Of course, some people believe this but choose to be a criminal defense attorney in the private sector because private attorneys tend to earn a great deal more than attorneys in the public sector.

Financial Rewards and Emotional Rewards

Among the many benefits of being a lawyer, the financial rewards and emotional rewards are at the top of most college-bound students seeking to study law.  Lawyers have the opportunity to earn a lucrative income. The average annual income for an attorney in the United States is $114,970 per year as of 2014 according to the U.S. Bureau of Labor. The highest 10% of attorneys earned more than $187,200 per year. Salaries of experienced, specialized attorneys can be much, much higher depending on the field, geographical location, employer, and level of experience.

Mental Stimulation and Intellectual Challenges

Another one of the many benefits of being a lawyer is the mental stimulation an attorney experiences when working through complex legal theories, statutes, and case law to find a solution to a legal question. Most lawyers possess exceptional analytical skills including reading and writing skills. Practicing law allows you to use your mental skills each day in effective ways to solve problems for your clients. Because each case is unique, you must use your full mental capabilities to research, speculate, hypothesize, and formulate legal strategies to effectively solve problems for your clients.

Work Environment

For many, the work environment is one of the benefits specifically considered when choosing a career. Most lawyers work in law firms, government agencies, or corporations where they are afforded an actual office with four walls rather than a cubicle in the middle of a “bull pen” from a cubicle. Being a lawyer typically includes the benefit of having a certain level of prestige that affords you certain benefits that other employees may not receive (i.e. office, ability to set hours, expense accounts, decorating budget, etc.).

HELPING YOU FIND YOUR WAY HOME

What Is a Green Card?

A green card allows someone who is not a U.S. citizen to have legal permanent residency in the United States. With a green card, you can live and work anywhere in the U.S. and continue the pathway to citizenship. To apply for a permanent residence within the U.S., you must submit Form I-485.

Once you gain legal permanent residence in the United States, you essentially have lifetime legal status in the country. United States Citizenship and Immigration Services (USCIS) requires you to renew your green card every 10 years. To renew your card, you must file Form I-90.

However, unlike with citizenship, you may lose your legal residency status if you:

Stay outside the United States for over 364 days and you do not have approval

Become a U.S. citizen

Give up your status by choice and fill out the correct forms

Commit a crime or violate immigration law and are ordered removed by an immigration judge

Who Is Eligible for a Green Card?

There are several ways you may apply for a green card. Your eligibility depends on qualifying under the appropriate immigrant category.

You may apply under several categories:

Family and marriage based

Employment based

Green card as a special immigrant

Refugee or asylee status

Human trafficking and crime victims

Victims of abuse

Registry

Other category

It’s a good time to be an immigration lawyer

Bar Association warned of a “dire” shortage of immigration lawyers and insufficient safeguards for clients against unqualified practioners.

Though some progress has been made since the report was published, the shortage hasn’t gotten significantly better

Indeed, U.S. immigration courts are so backlogged that some defendants need to wait nearly two years to get their cases heard.

“A lot of immigration lawyers are solo and small practitioners who have a certain level of capacity. They only have so many hours in a day, and they have a limited ability to ramp up” their businesses to meet the rising demand.

temporary immigration ban rattled legal immigrants and their employers because some green card holders were also denied entry into the U.S. when the executive order first went into effect.

Immigration lawyer

Why is choosing a good immigration lawyer so important?

Since dealing with immigration law and the USCIS with both documented and undocumented immigrants, come to understand that perhaps it’s not the field of law that’s going to make uber-rich. deal with clients from all over the world, both rich and poor. So try our best to be reasonable, but found that people are always looking for ways to get discount legal help.

The truth is, your immigration case is worth an investment. Of course you will be completing a tedious process, which takes time and attention. So simple mistakes can become big ones. Additionally, you are going through a process which will determine your entire future including; where you will be, where you will begin and raise a family, and what type of person you will have the opportunity to become.

Choose someone who focuses their practice on immigration law.

It’s a complicated system of laws that changes literally every day. There are so many avenues of relief for people that we often compare practicing immigration law to a game of chess. Hence ,many different possible moves, leading to our ultimate goal, residency or citizenship.

Choose someone who listens to you.

have had many clients consult with us and tell about their previous experiences with lawyers. These stories include episodes of lawyers yelling at them, not giving them time to explain their stories, and not addressing their fears and concerns. This is YOUR life and want you to feel as comfortable as possible so that you become actively involved in the process of becoming a citizen.

Run away from a lawyer that advises you to lie or act dishonest or against what you think is right. And don’t believe any guarantees.

Immigration forms and testimony are legally binding. When you sign a form, you vouch for everything in that form. Telling an untruth can destroy your credibility on every application you will ever file. It can also get you deported. always tell clients that win with the truth. There is always a way and there is always hope. Don’t fall prey to someone who promises you the world and then leaves you hanging.

ABCs of Immigration

There are Major Immigration Status/ Visa Categories and for the purposes of this paper, the first four will be discussed.

Non-Immigrant Visas– temporary visitors (work, student, visitor, etc.)

Immigrant Visas – lawful permanent residents (green card holders)

Asylees and other special groups – Asylum, refugee, DACA and TPS status holders

Citizens

Undocumented – unlawfully present immigrant

Non-Immigrant Visas

There are several types of non-immigrant visas.  Non-immigrant visas are usually designated by letters.  Below are brief summaries of the most common ones:

B-1/B-2 Visas – Available to Short-term visitors for pleasure or business

Do you have a job that pays well and which you can leave for a few weeks on a vacation?

Do you have close relatives who will be remaining in your home country when you come to the US?

Are you coming for a short visit?

Do you have assets in your home country?

Do you own property in your home country?

Do you have a passport valid for at least six months after your planned departure from the US?

Do you have a set itinerary for your trip to the US?

Do you have a roundtrip plane ticket?

Do you have close community ties in your home country?

Do you have money or proof of support from friends or relatives in the US to show adequate financial arrangements to carry out purpose of trip?

If you are coming for business, is the work you are doing work that would typically be done by an American worker?

If you are coming for business, is the main place where profits are earned outside the US?

If you are coming to the US on business, is your payment going to be made abroad rather than in the US?

If you are coming as a B-2 visitor for pleasure, are you coming for one of the following purposes?

Tourist

Social visits to friends/relatives

Health purposes

Participants in conventions of social organizations

Participants in amateur musical, sports or similar events with no pay

Spouses and children of people in the US armed forces

People accompanying B-1 business visitors

Coming to marry a US citizen but the person plans on departing after the wedding

Coming to marry someone on a non-immigrant visa

Non-spouse partners (regardless of gender) or non-qualifying dependent relatives that accompany a non-immigrant visa holder

Parent seeking to accompany an F-1 student visa holder

Language students in course of short duration when the course of study is under 18 hours per week

If you are coming on a B-1 business visitor visa, are you coming for one of the following purposes?

Engaging in commercial transactions not involving employment (negotiating contracts, litigation, consulting with clients or business associates)

Participating in scientific, educational, professional, religious or business conventions

Religious workers coming to do missionary work in the US, ministers exchanging pulpits but who are paid by their own church abroad, and ministers on evangelical tours

Domestic servants accompanying returning US citizens temporarily assigned to the US or who permanently reside in a foreign country

Domestic servants accompanying non-immigrant visa holders if the applicant has worked for the employer for a year or more

Professional athletes only receiving tournament money

Foreign medical students seeking to take “elective clerkship” without pay

Serving on a board of directors of a US company

Coming to the US to set up a US subsidiary and explore investment opportunities

Installing equipment as part of a contract

Participating in a volunteer service program if religious only

Attending an executive seminar

Observing the conduct of business

Domestic partner of a person on a non-immigrant visa.

General Notes: Usually can get an authorized stay of up to six months as a visitor for pleasure and 90 days as a visitor for business; chances improve if a shorter trip is requested; no USCIS approval required before consulate issues visa; not allowed to work while on a visitor visa; visa must be granted by consular officer except in most cases if the national is from one of more than two dozen countries granted Visa Waiver status allowing such persons to enter the US for up to 90 days. Visa Waiver entrants cannot have their status extended and cannot change to other non-immigrant categories while in the US

Preparing for the Green Card Interview

The last step of the marriage green card process is the interview, which is scheduled by U.S. Citizenship and Immigration Services (USCIS) if the spouse seeking a green card lives in the United States and by the National Visa Center (NVC) if they live abroad. Although this interview may still be months or later in the future, knowing what to expect will help you feel more confident and prepared when that important day comes.

Whether your interview will take place in the United States or abroad, the interviewing officer’s primary goal will be to determine whether your marriage is authentic — in other words, not based on fraud. Questions can focus on, for example, the history of your relationship, your daily activities as a married couple, and your future plans together.

Below, we’ve prepared a list of the most common questions that are asked during the interview, as well as some useful tips. Make sure to also check out our guide to questions on a green card application.

While you can never be certain about the questions that an interviewing officer will ask, here are some of the most typical questions that couples encounter, grouped by category:

YOUR RELATIONSHIP HISTORY

How did you meet?

Where did some of your first dates take place?

How long did you date before deciding to get married?

What is the story of your marriage proposal?

YOUR WEDDING

What was your wedding like?

Who attended your wedding?

What food was served?

Were there any special rituals performed? If so, what kind?

Did you go anywhere for your honeymoon? If so, where?

YOUR DAILY ROUTINES

What is daily life like for you and your spouse around the house?

How do you start your day?

How often do you text or talk on the phone when you’re apart?

Which of you likes to cook?

Which of you likes to clean?

YOUR KIDS (IF ANY)

How do your kids get to school?

Who are their friends?

What are their favorite foods?

Do they play any sports? If so, what?

YOUR PERSONAL HABITS AND NEEDS

What side of the bed do you sleep on?

What pajamas do you wear?

What medications does your spouse take?

Do’s and Don’ts for Divorce

So, your “I do” turned out to be a big “don’t,” and now the honeymoon is over. Before you quit, there are still some definite do’s and don’ts you’ll should follow if you want to end this (legally binding) relationship.  Remember, you survived the marriage, now it’s time to make it through the divorce.  Take a few deep breaths and keep the following list handy

Hire an experienced divorce attorney.

There is a reason this is number one on the list: it is the most important. The right lawyer will advocate for you and your kids in the courtroom, and make sure any and all legal filings are done properly and on time. When you try to represent yourself (appear “pro se,” meaning “on one’s own behalf”), you cripple yourself. This is especially true if your spouse has hired a lawyer. Being familiar with the process and the workings of the court is an enormous, almost unbeatable advantage.

Live your life!

Too many people let divorce consume them completely. That way lies madness (or at least an inflated liquor store bill). It is important to stay in touch with your friends: make time to play a game or two with your tennis pals, your poker or mahjong buddies, your colleagues or anyone else that you spend time with when DIVORCE isn’t part of the picture.

Realize that divorce happens to the best of us.

In fact, these days it seems to happen to most of us. Divorces happen for so many reasons they are almost uncountable. Sometimes you see it coming a long way off and sometimes it hits you like a freight train out of nowhere, plowing through your life and leaving you shell-shocked. However it happened, remember, though the marriage might have been flawed, you aren’t.

Keep spending to a minimum.

This one comes as a surprise to many—and that is exactly why it is so important. Divorce is something most people have never budgeted for. However your new lifestyle means new expenses. You’ll use extra gas for trips for visitation and appointments with lawyers.

Things Most Lawyers Won’t Tell You

We’ve all heard horror stories from the legal trenches…. Your lawyer fails to show up, he doesn’t make an objection when it’s the most important moment, he or she loses your big case for you… The list can go on and on. From the trenches of the largest municipal court system in the nation

Pay Your Attorney As You Have Agreed To

When money comes between you and your lawyer, you are less likely to get your attorney’s attention, best performance, or sympathy. Would you blow off your dentist after he’s cleaned your teeth? NO, you have to make payment then and there. Would you walk out of the grocery store without paying? No, you have to pay then and there. Would you forget your checkbook on the day of trial? You would be surprised just how many people think attorneys can and should wait

Tell the Truth

If your lawyer doubts you in the consultation, or doesn’t think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate – but you are responsible for coming up with proof.

Dress Appropriately

When your lawyer tells you to come to court or to a deposition – dress up for God’s sake. When I see people at the courthouse looking like they are on their way to a nightclub, I know that they are a) low-class; b) going to lose their case; and c) their ego got in the way. If I can see your boobs, so can the judge. If the judge can see your boobs, he’s not listening to your story.

Things Can Take a Long Time

It’s expensive because we have to wait in line too. Going to court is more than dressing up in a fancy suit and knowing what papers to fill out. Attorneys have to wait in line just like the “regular folk” and we are at the mercy of the court staff just like everyone else. If you get a bill that includes time spent waiting in court, it’s not usually exaggerated. While some people may stretch the truth – if you want to see whether I had to wait an hour for the case to get called, then just come with me to court

CAN YOU GET A DIVORCE WITHOUT AN ATTORNEY?

Can you handle your own divorce proceedings with no attorney involvement? In many cases, you certainly can. In fact, if there are no minor children of the marriage and you own very limited assets, most attorneys would probably agree that this might be the best solution, especially if it is an amicable divorce.

If you do choose to represent yourself, dissolution packets are available at district court clerks’ offices for a small fee. The packets include all the basic pleadings that are required in a dissolution action. Instructions are also included.

What can a lawyer do for me that I can’t do myself?

The attorney’s role in a dissolution case is far more complex then knowing how to read and apply the law. When you retain an attorney, you are paying for her expertise in many areas. An effective family law attorney will not only know which statutes to apply to your case to achieve an “equitable” settlement, but she will also typically have had years of experience dealing with the complexities involved in a dissolution of marriage proceeding, including parenting issues, real estate, pensions, investment plans, tax laws, evaluating assets, etc. Moreover, if the attorney does not have first hand knowledge of a particularly difficult issue, she will typically have the resources to quickly find someone who does.

In addition, a good attorney will maintain emotional distance and keep a “level head” in the midst of the emotional turmoil of divorce. Because of the intense emotional factor, even divorce attorneys are known to retain other attorneys to represent them through a divorce. It is far too often that parties find themselves agreeing to terms of a separation agreement just to “get the divorce over with” because they want to move off the emotionally uncomfortable spot they are on.

“But my cousin’s neighbor’s aunt told me……”

We all know someone, or more likely several people, who have been through the divorce process. Many of these individuals have well-intentioned advice regarding your situation. Some people may even believe they can tell you what the outcome of your divorce should be and that you should not settle for anything different. Your friends and family may try to tell you what “the law” is regarding settlement and custody disputes, or they may urge you to find the nastiest, most aggressive attorney money can buy. While it is understandable that these individuals want to help you, you should proceed with caution when taking the legal “advice” of a non-attorney.

Do Character Witnesses Matter in Family Law Cases?

Expert witnesses play a significant part in most divorce and family law cases, which leads people to discuss the significance in character witnesses. Do they help? This question leads to an important and necessary discussion. It’s very common that often parties come to their divorce or family law attorney with a character witness already in mind.

In a divorce case, a character witness may be a party who testifies about the moral fitness or personal qualities of a party to a divorce. But in some jurisdictions, a character witness in a divorce case cannot be a family member. Rather, the witness must be a friend, colleague or personal associate who knows about the personal qualities of the party about whom he or she testifies. Friends and family are the most common types of character witnesses. Oftentimes parties believe that having their mother, father, sibling, or good friend up on the stand will be most helpful to their case.

So is that true? The honest truth is that it won’t get you very far because the obvious reason of asking a friend or relative to speak on your behalf, is because they’re going to have good things to say about you. This doesn’t prove to be very impressive for a judge. The judge does not really need to hear that you are a nice person. The judge is going to be more interested in a description of everyday life, such as cooking and cleaning when the child is with you. The judge will want someone to talk about how you interact with your child, how you discipline the child and how you talk about the other parent in front of your child.

So, if having a friend or family member as your character witness is your best option there are a few things you can do to improve the possibility of it helping your case. Instead of a character witness taking the stand to list off your best qualities one by one, tell a story instead. A story can tell so much about a person, and allows the judge and anyone else in the court room to form their own opinion about someone instead of being told what to think. Although this may still make a character witness appear to be biased, it will prove to be more helpful for your case.

Telling the right kind of story is extremely important as well. You don’t want to tell a story that seems as if you’re testifying directly for the character of the party. Instead, you want to tell a story that simply tells that you witnessed a certain behavior with your own eyes or ears, which makes you a witness, and not just someone’s friend. Telling the right kind of stories is vital, it needs to be a time that good parenting skills were clearly shown, and they were shown on their own and naturally. The judge is more likely to form their own opinion, when they have something to go off that allows them to consider more than one conclusion.

What is Family Law?

Family law is the area of law that addresses family relationships. It includes creating family relationships and breaking them through divorce and termination of parental rights. Family law addresses adoption, contested custody of children and the child support obligations that result. Because family law is the practice of law that relates to relationships and children, it can be one of the most emotional areas of law. Family lawyers are involved in very personal aspects of their client’s lives

Divorce

Divorce is the process of breaking the bonds of matrimony. A marriage is a contract. When parties get married, they form a legal relationship in the eyes of the state. When they no longer wish to have this relationship, they must file court papers in order to ask for a divorce.

Divorce is civil litigation

Divorce cases are heard in state court. It’s a lot like other forms of civil litigation. You may work to gather evidence using civil discovery including depositions, interrogatories and subpoenas. You might participate in conflict resolution including mediation sessions. While most divorce cases settle before trial, there’s a chance that you might try your case in court.

Alimony and spousal support

One of the hot button issues in a divorce case is often alimony and spousal support. Some states use a formula in order to determine the amount of support. In other cases, it’s left to the judge’s discretion. Even in cases where the court uses a formula, it’s still important to make sure that the court uses the proper inputs in order to arrive at the correct amount of support

Pre and post-nuptial agreements

A prenuptial agreement is a contract that parties sign before they get married. Prenuptial agreements usually list who gets what in the event that the parties get divorced. There are some things that can’t be included in a prenuptial agreement like child custody and child support agreements. Otherwise, the parties can create an agreement that outlines things like separate property, distribution of the assets and spousal support in the event of a divorce. When the parties enter into this kind of agreement after they get married, it’s a post nuptial agreement.