The U.S. immigration system is complex and in need of legislative reform. The complexity of the U.S. immigration laws makes it challenging for many noncitizens, relatives of noncitizens, and employers to navigate the system without the assistance of an attorney. Nevertheless, individuals still successfully obtain immigration benefits by filing requests on their own. However, attempting to complete an immigration process without an experienced immigration attorney can prove harmful to your claim and possibly have life-changing consequences. Some consequences may include immigration detention or deportation. It is more difficult to hire an immigration attorney while detained or returned to your country of origin. The goal is to have representation in place before you arrive at either of these consequences. Below are five circumstances in which you should never attempt to navigate the immigration system without an immigration attorney.
1. Criminal History
Criminal history, no matter how far it is in the past, can complicate almost any immigration process. If you have ever been arrested, anywhere in the world including the U.S., your arrest record could impact your eligibility for an immigration benefit. You may be eligible for a waiver that will excuse your criminal history or in some cases your criminal history may not make you ineligible for the benefit you seek. An experienced immigration attorney will need to review your criminal history and immigration record to properly advise you about your best path forward and potential consequences for your immigration case.
Be sure to be honest with your attorney about your encounters with law enforcement, including encounters when you were under the age of 18. Even if you do not believe your encounters with law enforcement will affect your immigration process, it is best to consult with an immigration attorney who can review your matter and provide their expertise.
2. Method of Entry into the U.S.
By now, many people are aware that the manner in which you enter the U.S. can determine your eligibility for certain immigration benefits. Those who enter without a visa or border crossing document at a location other than an official port of entry and remain in the U.S. for more than 180 days before departing may be subject to a bar to reentry. Depending on the specific immigration violation, a noncitizen can be subject to a 3-year bar, 10-year bar, or a permanent bar to entry. In some cases, such as the case of an immediate relative of a U.S. citizen, you may be eligible for a waiver that will lift your bar to reentry and allow you to receive an immigration benefit. The process of applying for a waiver of inadmissibility is complicated and discretionary, meaning you can be denied even if you meet the requirements of the waiver. If you are unsure whether your manner of entry will bar you from eligibility for an immigration benefit, consult an experienced immigration attorney. An attorney can help you determine which, if any, entry bars may apply to you and evaluate your eligibility for a waiver.
3. Limited English Proficiency
The forms and instructions for requesting an immigration benefit through the U.S. government are in English. You must submit the forms to the U.S. government in English. For many, it can be a challenge to prepare and file forms to U.S. agencies in English. If you do not have a good command of the language, understanding immigration forms can be nearly impossible.
There are companies and organizations that translated government immigration forms into other languages for non-English speaking individuals to complete. However, even if you complete an immigration form in your native language, you still must transfer that information to the English version before submitting it to the government. And all your responses must also be written in English.
Some use an English proficient family member or friend to assist with completing an immigration form but, this can also lead to fatal errors in your immigration process because you must understand the basis of your eligibility to properly complete an immigration form. Most immigration attorneys or their staff are fluent in English and another language. Seek to hire an immigration attorney who speaks your native language or has staff that speak your native language. Being assisted by individuals who understand both your native language and your eligibility for an immigration benefit can mean the difference between a approved request and a denial.
4. Receipt of a Notice to Appear
A Notice to Appear is a document issued by the Department of Homeland Security (DHS) advising you that the U.S. government is attempting to remove you from the country. The notice should provide a date, time, and location where you must appear in court before an immigration judge. Although these are not criminal court proceedings, the consequences of a decision against you in immigration court can have significant impact on your eligibility for an immigration benefit and your ability to remain in the U.S. You have the right to be represented by an attorney in immigration court. However, unlike in a criminal court, you will not be appointed an attorney if you cannot afford to hire one. You can request a list of free or low-cost attorneys if you cannot afford to pay for an attorney. As any immigration judge will tell you, going through the immigration court system without an attorney will decrease your chances of achieving a successful outcome in court. As of 2016, the American Immigration Council estimated that individuals are five times more likely to succeed in their immigration court case if represented by an attorney.
Not only should you retain an immigration attorney, but you should be represented by an attorney with experience in immigration court proceedings. Believe it or not, not all immigration attorneys take cases that require appearances in immigration court and many immigration attorneys are unfamiliar with the procedures of the immigration courts. Be sure to hire the right immigration attorney for your case in immigration court.
5. Any Humanitarian Based Benefit (such as asylum or refugee status)
If you seek to enter or remain in the United States because you cannot return to your home country due to war, natural disaster, or fear of persecution at the hands of/or with the consent of your government, the process to obtain an immigration benefit is very complicated. The law is not always clear regarding eligibility for a humanitarian benefit and your eligibility is specific to the facts of your case. If you are not granted a humanitarian benefit upon entry at a port of entry, you should immediately seek the assistance of an experienced immigration attorney. The Department of Justice information on asylum filings shows that between 2008 and 2022, 66% of asylum cases evaluated for a credible fear of persecution or submission of an initial asylum application were referred to immigration court. As noted above, your chances of winning your case in immigration court are substantially higher if you are represented by an attorney. You have a limited time by which to apply for certain humanitarian benefits and should immediately begin the application process, if possible.
Navigating the U.S. immigration system as someone unfamiliar with the immigration laws is always a challenge. As discussed above, there are circumstances where attempting to complete an immigration process without an attorney can have dire consequences. Begin your immigration journey with competent representation by scheduling a consultation with Vizar Law, PLLC.
Resources:
https://www.justice.gov/eoir/page/file/1062971/download https://www.americanimmigrationcouncil.org/research/biden-administration-and-congress-must-guarantee-legal-representation-people-facing-removal
The information contained in this blog should not be taken as legal advice for any specific situation. The information contained on this website is only intended for informational purposes. A reader should contact an attorney for legal advice regarding their individual situation. Nothing in this blog or on the Vizar Law, PLLC website establishes an attorney-client relationship between Vizar Law, PLLC and a visitor to the website.
