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True or false: when you’re immigrating to the US or Canada, you don’t need an immigration lawyer. Many people believe they don’t need an immigration lawyer because they think they already understand the process, or because lawyers don’t have a good reputation. They’re also worried about the expense of hiring an attorney. However, that mindset isn’t always helpful or correct. Read on to learn about people who decided not to use an immigration lawyer and later regretted that decision.
In 2012, a resident of Iowa posted a question to an online legal forum. The individual (who remains anonymous) chose a trial lawyer to represent the case. During the proceedings, the judge expressed a willingness to show leniency towards the defendant so that the US government wouldn’t deport this individual. However, the defense attorney never brought an immigration expert to the stand. A dispute between the defendant’s father and the attorney resulted in the lawyer not completing a post-conviction release process. The person who posted the question expressed concern about being deported due to this oversight.
At the end of the post, the poster admitted that hiring an immigration attorney, rather than a defense lawyer, would have prevented the situation’s outcome. An immigration lawyer would have been able to help this person avoid deportation proceedings and provide assistance in clearing the path to citizenship.
Here’s another case of someone who should have used an immigration lawyer, and now can’t get into Canada legally.
In October 2015, an anonymous letter writer complained to the legal columnist for The Gleaner, a Jamaican newspaper. The letter writer expressed frustration that, in spite of submitting all but one document on time to the Canadian immigration authorities, that person’s request for permanent residency in Canada was denied.
Deidre Powell, the lawyer who answered the question, explained that this person should have submitted all of the documents within the time frame that the Canadian government set out. Applicants for permanent residency and immigration have 60 days to send in all of the required paperwork. If they don’t do so, then their application will be refused, and they will have to restart the application process from the beginning.
Emailing documents separately won’t help, either. The application must be complete in order for immigration authorities to review it.
If this person had used an immigration attorney, then the attorney and his or her staff would have sent in all of the paperwork in a timely fashion. Should there have been a delay in obtaining one of the necessary documents, the lawyer would have sent an explanatory letter outlining why the document was unavailable and requested an extension for the applicant.
Canadian and American immigration laws aren’t always easy to understand. Immigration lawyers have not only spent years studying them, but they also keep track of any changes in these laws so they can best serve their clients.
Some people are lucky – their immigration cases are straightforward. They face no complications, and they seem to sail through the process. Others aren’t so fortunate. Their situations are less clear-cut, making it difficult for immigration officials to render a decision on their status. These people need an immigration lawyer to help them navigate the bureaucracy of immigration courts. If someone with a complicated case chose to represent himself or herself, there’s a very strong possibility he or she would lose the case because of a lack of legal expertise.
Having a lawyer on your side is also helpful if your case is facing delays. A lawyer has connections, knowledge of who to speak to, and knows what to say in order to move a case forward. Sometimes, the immigration authorities might only be willing to speak to an immigration lawyer about your case. Without a lawyer to guide you, your case could be stuck in limbo for years.
Immigration can be a long and difficult process. Choosing the right immigration lawyer means that a trusted legal advisor will help you reduce the stress and the hassle. A specialist in immigration law gives you the right advice to ensure your case moves through the system and that you can fulfill your dreams.
All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for Niren and Associates: an award winning immigration firm that adheres to the highest standards of client service.
The content and comments of this blog are not legal advise and and may not be accurate or complete. If you require legal advice, contact a licensed legal practitioner directly. If you post on this blog, you assume full responsibility for disclosing your identity to the public and VisaPlace nor its affiliates are not responsible for protecting your privacy nor your identity concerning your participation in our blog and you assume any risks in participating.