Venezuela Designated for Temporary Protected Status | J. Sparks Law, PLLC

when do you need an immigration lawyer?

We’ll be the first to tell you that certain immigration issues don’t always require help from an immigration attorney. For instance, if you want to visit the U.S. for leisure and won’t overstay your welcome, you might not need legal help. You might not even need a visa if your country is part of the Visa Waiver Program. 

That being said, U.S. immigration law is immensely, notoriously complex. In most cases, having the legal guidance of an experienced Austin immigration attorney could help considerably. It could save you stress, time, and money, such as in cases where you might need to defend yourself. For example, in a removal proceeding following a failed application or need to redo your application.

when do you need an immigration lawyer?

Answering the question, here are some common situations in which calling an immigration attorney may be your best move: 

  • You’re unsure about your eligibility for a visa, green card, or other immigration benefits.
  • You’re concerned that you may be inadmissible to the U.S. This is because of your health, criminal activity, unlawful presence, or some other inadmissibility category.
  • You’re finding it very hard to obtain citizenship, a green card, or another immigration benefit. Maybe you’ve been asked to provide more evidence, and you’re not entirely sure what evidence you need. 
  • You’re requesting a discretionary relief, like a waiver or asylum. Entails convincing the immigration authorities to offer you benefits they might not normally offer to other applicants.
  • Your immigration application has been denied or refused in the past.
  • You’ve been deported and want to apply again.
  • You’ve been asked to attend a removal or deportation proceeding.
  • You’re planning on working in the U.S. but don’t have a U.S. employer to help you with your immigration application.

The next situation also includes:

  • If you committed a crime. Attempting to enter the United States or prevent your removal from the country.
  • You’re applying for an immigrant investor visa.
  • You’re a U.S. employer planning to hire workers from outside the country. Workers could qualify for different visa types or a green card, but it’s not always easy. To determine which request is the most suitable is a complex process.
  • You’ve researched the immigration application process and determined that you do not really understand what you need to do. Also, if you don’t have time to prepare an application on your own. 
Silhouette of man managing director is examining the challenges the company after the refusal of investors in financing

Immigrant investor applying for US visa

You should strongly consider at least discussing your case with an Austin immigration attorney. That is how you find out more about your specific immigration issues and secure the immigration benefit. Even cases that seem straightforward and simple can have hiccups and delays.

Can a Lawyer Help You in Immigration Court?

Going through a deportation proceeding is a dreadful experience because of the fear of being ordered deported if you are not able to successfully fend off the deportation charges against you. For those who get deported, many wish they had legal help in immigration court if they did not have any. At J. Sparks Law, PLLC, we know having an experienced immigration lawyer by your side makes a difference.

The Deportation Process

Deportation proceedings are hearings conducted by an Immigration Judge (IJ) to determine whether you are to be deported as the government charges through the Immigration and Customs Enforcement (ICE) agency. During these hearings, the ICE lawyers present their case before the IJ why you should be deported, but you also will be given the opportunity to make the case why you should not be deported.

Red wood table and red chair in the justice court

Immigration lawyers present your case before the immigration court.

A common question people who find themselves in removal or deportation proceedings ask is whether it is necessary to have an immigration lawyer to represent them in the proceedings. The short answer is yes – it is always in your best interest to have an experienced immigration lawyer to help you in the immigration case against you.

What an Immigration Lawyer Can Do for You

There are many things an experienced immigration lawyer can do for you, including the following:

  • Bond Redetermination. If you were taken into custody when the ICE agents came knocking, then you are likely being held on an immigration bond or no bond. In many cases, the bond set by ICE is too high to be met by the person being detained, or they simply have no bond set. In either case, the outcome is the same, as you will be held in detention pending the resolution of your case, which could take months and even years. This is no different than not being given a bond. An experienced immigration lawyer can have the ICE bond decision reviewed by the IJ, who can set a better and more desirable bond for you to allow you to be released pending the resolution of your case.
  • Trial Preparation. An experienced immigration attorney will obtain and review your immigration record and specific information and documents related to the reasons you ended up in removal or deportation proceedings. Many people are placed in deportation proceedings after an application they filed with the United States Citizenship and Immigration Services (USCIS) is denied. If that is the case, one of our experienced immigration attorneys will review the file to determine what the basis for the denial may have been and prepare to refile or renew the application before the IJ. If renewing the petition or application is not possible, we will find other forms of relief (solutions to your immigration problem) you are eligible for and will file the necessary documents to obtain that relief for you.
  • Trial. When the time comes to present your case before the immigration judge, we will prepare you and any other witnesses you may have ahead of time so that by the time you arrive in court, you will be ready and prepared to testify and present your case with confidence.

Talk to a Top Austin Immigration Attorney Today

Get started on your American dream by reaching out to J. Sparks Law, PLLC, to learn how we can help you. To arrange a consultation with our Austin immigration attorney, simply call us or use our online form