Almost
daily, I hear from some of our callers: "I don't need legal
consultation, I don't want to hire an attorney. I have only one or two very
simple (or quick, or easy) questions, and I want an attorney to answer my
questions right now and free of charge because my questions are so simple,
quick, and easy!"
I will try to explain why this request doesn't make any sense and how to get proper legal advice.
U.S. immigration law is very complex and constantly changing. There have been no major immigration reforms or amnesties in the past few years. However, there have been significant changes introduced by our administration and executive branch in the form of USCIS memorandums, executive actions, guidance, practice advisories; and changes through our judicial branch (courts), such as, the caselaw, decisions by the BIA, AAO, Courts of Appeals, US Supreme Court, or even by a federal district court judges (for example, the temporary injunction by a judge in Texas which singlehandedly put on hold nationwide federal revised DACA and new DAPA programs).
U.S. immigration law is federal in nature and is the same in all states. However, it may apply differently to your situation depending on your background, your place of residence or domicile, US embassy in the country where you apply for a visa, etc.
An experienced immigration attorney may be able to guide you and advise you about specifics, loopholes, various options, and can spot possible problems before they happen, even if it seems to you that your case is pretty straightforward and you have only "one quick question". Even an easy case and a simple or quick question not always can be answered with a simple "yes" or "no" answer. You may not realize it, but a situation may have a lot of hidden potholes or variables depending on your venue, court jurisdiction, your factual circumstances, your arrest and criminal record, your family situation and status, timing, prior legal assistance, or prior legal actions and applications filed, etc.
You can find a lot of useful immigration-related INFORMATION on our Blog. We often post here updates and news about various visas, new policy guidance, reforms and relevant caselaw.
To ask basic questions about USCIS immigration forms, filing fees or to inquire about status of your pending case, you can contact USCIS, Department of Homeland Security, by calling their 800 Customer Service Hotline (number is on their website), or send an e-request via a webportal at USCIS website. Case status can be checked online, as well. Immigration courts, U.S. embassies and consulates and National Visa Center each have their own hotlines, call centers or other ways to contact them.
To receive a case-specific legal advice you should talk to a lawyer. Before we can advise you and schedule a consultation with you, we always email you our confidential immigration questionnaire, and ask you to complete and return it to us. In some cases, we can ask you to email us copies of your immigration forms, paperwork, some personal documents. When an attorney reviews your answers to our questionnaire and your paperwork, it helps her to get to know you, your situation, and decide what legal and/or visa options you shall consider, what are your best chances of obtaining certain visas and immigration benefits, how and when can you bring your family to USA, are you eligible for permanent residency or a green card in the United States, can you safely apply for a US citizenship, how can your children become US citizens, etc.
It's important that you provide truthful, accurate and complete answers to our questions because an attorney's advice to you is based on information you provided to an attorney. It could be dangerous to give misleading or incorrect answers to an attorney.
An attorney or a lawyer is often called "a counselor in law". It means that an attorney counsels and advises you, helps you to understand your situation better, anticipates any possible future issues or complications, offers guidance, and a long-term strategy and planning for yourself and your family.
Legal advice is never a simple "yes" or "no" answer, it's never "use this form" or "this is the link where you can find all information and all answers you need". Legal advice or consultation is like going to see a doctor. A doctor will ask you questions, take your vitals and administer necessary tests, then she will be able to diagnose you and offer you an appropriate treatment plan. The same is true about work of a good and ethical attorney. An attorney will have to ask you a number of questions, review your documents and paperwork, and only then she will be able to advise you, and offer you guidance and counsel.
In order to avoid mistakes and future complications, it's smart to consult an attorney before starting any legal, immigrant or visa process. Consultation with knowledgeable and ethical attorney should serve as a preventative measure and a way to establish a roadmap and plan your future.
In over ten years of my practice in the United States, I have come across of many unfortunate people who got themselves into deep trouble after reading wrong advice on internet forums, listening to their friends, co-workers, relatives and neighbors advice based on their experience, or paying to complete their "paperwork" to an unlicensed "immigration consultant", or "notario", or "tax preparer", or somebody else who speaks their native language in their immigrant community but has no proper training and is not a licensed attorney. In some of these cases, person's chances of living in USA legally were permanently destroyed. Some can become permanently banned from the United States, no matter how many close family members (wife, kids, parents) and other ties they have in USA. Immigration law is more complex than tax law, and non-compliance could bring more severe consequences than penalties in criminal law (except for the death penalty, of course). Where a convicted criminal can usually expect to be released from prison after a number of years and be reunited with his family, a person who was deported and permanently banned from USA may never be able to reunite with his family and loved ones in the United States. Lack of knowledge or bad advice is not always an excuse in immigration law. "Simple mistakes" in immigration law context could be costly and often irreversible.
Do yourself a favor and consult a knowledgeable immigration attorney in advance before filing of any application or petition with the USCIS Department of Homeland Security, or before submitting any visa application online. You can also schedule a consultation to seek a second opinion, if not sure that your attorney's advice is correct as applies to you. When you have questions or need legal advice you can email us to schedule a consultation. We will be glad to help you.
I will try to explain why this request doesn't make any sense and how to get proper legal advice.
U.S. immigration law is very complex and constantly changing. There have been no major immigration reforms or amnesties in the past few years. However, there have been significant changes introduced by our administration and executive branch in the form of USCIS memorandums, executive actions, guidance, practice advisories; and changes through our judicial branch (courts), such as, the caselaw, decisions by the BIA, AAO, Courts of Appeals, US Supreme Court, or even by a federal district court judges (for example, the temporary injunction by a judge in Texas which singlehandedly put on hold nationwide federal revised DACA and new DAPA programs).
U.S. immigration law is federal in nature and is the same in all states. However, it may apply differently to your situation depending on your background, your place of residence or domicile, US embassy in the country where you apply for a visa, etc.
An experienced immigration attorney may be able to guide you and advise you about specifics, loopholes, various options, and can spot possible problems before they happen, even if it seems to you that your case is pretty straightforward and you have only "one quick question". Even an easy case and a simple or quick question not always can be answered with a simple "yes" or "no" answer. You may not realize it, but a situation may have a lot of hidden potholes or variables depending on your venue, court jurisdiction, your factual circumstances, your arrest and criminal record, your family situation and status, timing, prior legal assistance, or prior legal actions and applications filed, etc.
You can find a lot of useful immigration-related INFORMATION on our Blog. We often post here updates and news about various visas, new policy guidance, reforms and relevant caselaw.
To ask basic questions about USCIS immigration forms, filing fees or to inquire about status of your pending case, you can contact USCIS, Department of Homeland Security, by calling their 800 Customer Service Hotline (number is on their website), or send an e-request via a webportal at USCIS website. Case status can be checked online, as well. Immigration courts, U.S. embassies and consulates and National Visa Center each have their own hotlines, call centers or other ways to contact them.
To receive a case-specific legal advice you should talk to a lawyer. Before we can advise you and schedule a consultation with you, we always email you our confidential immigration questionnaire, and ask you to complete and return it to us. In some cases, we can ask you to email us copies of your immigration forms, paperwork, some personal documents. When an attorney reviews your answers to our questionnaire and your paperwork, it helps her to get to know you, your situation, and decide what legal and/or visa options you shall consider, what are your best chances of obtaining certain visas and immigration benefits, how and when can you bring your family to USA, are you eligible for permanent residency or a green card in the United States, can you safely apply for a US citizenship, how can your children become US citizens, etc.
It's important that you provide truthful, accurate and complete answers to our questions because an attorney's advice to you is based on information you provided to an attorney. It could be dangerous to give misleading or incorrect answers to an attorney.
An attorney or a lawyer is often called "a counselor in law". It means that an attorney counsels and advises you, helps you to understand your situation better, anticipates any possible future issues or complications, offers guidance, and a long-term strategy and planning for yourself and your family.
Legal advice is never a simple "yes" or "no" answer, it's never "use this form" or "this is the link where you can find all information and all answers you need". Legal advice or consultation is like going to see a doctor. A doctor will ask you questions, take your vitals and administer necessary tests, then she will be able to diagnose you and offer you an appropriate treatment plan. The same is true about work of a good and ethical attorney. An attorney will have to ask you a number of questions, review your documents and paperwork, and only then she will be able to advise you, and offer you guidance and counsel.
In order to avoid mistakes and future complications, it's smart to consult an attorney before starting any legal, immigrant or visa process. Consultation with knowledgeable and ethical attorney should serve as a preventative measure and a way to establish a roadmap and plan your future.
In over ten years of my practice in the United States, I have come across of many unfortunate people who got themselves into deep trouble after reading wrong advice on internet forums, listening to their friends, co-workers, relatives and neighbors advice based on their experience, or paying to complete their "paperwork" to an unlicensed "immigration consultant", or "notario", or "tax preparer", or somebody else who speaks their native language in their immigrant community but has no proper training and is not a licensed attorney. In some of these cases, person's chances of living in USA legally were permanently destroyed. Some can become permanently banned from the United States, no matter how many close family members (wife, kids, parents) and other ties they have in USA. Immigration law is more complex than tax law, and non-compliance could bring more severe consequences than penalties in criminal law (except for the death penalty, of course). Where a convicted criminal can usually expect to be released from prison after a number of years and be reunited with his family, a person who was deported and permanently banned from USA may never be able to reunite with his family and loved ones in the United States. Lack of knowledge or bad advice is not always an excuse in immigration law. "Simple mistakes" in immigration law context could be costly and often irreversible.
Do yourself a favor and consult a knowledgeable immigration attorney in advance before filing of any application or petition with the USCIS Department of Homeland Security, or before submitting any visa application online. You can also schedule a consultation to seek a second opinion, if not sure that your attorney's advice is correct as applies to you. When you have questions or need legal advice you can email us to schedule a consultation. We will be glad to help you.
No comments:
Post a Comment