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Anyone attempting to navigate the immigration system needs guidance. This is true for everyone, from individuals to multinational companies. Navigating this ever-changing set of legal regulations can be challenging without the help of a seasoned immigration attorney.
If you are pursuing a green card or are concerned about deportation, you could benefit from the guidance of a Berwyn immigration lawyer. Relying on legal counsel from Godoy Law Office Immigration Lawyers could put you in a position to obtain the case result you deserve.
Many of the people who come to the United States do so with the intention of making a living. These individuals typically enter the United States on a work visa, which allows them to live and work in the country.
There are different types of work visas. Some work permits are only available to residents of “treaty countries,” which are nations that have existing immigration treaties with the U.S. Other work visas are reserved for individuals with specific training or extraordinary skill. In many cases, this process is closely tied to broader concepts such as visa classification, immigration status, and pathways for sponsoring an immigrant through employment-based immigration.
It is important for anyone considering employment in the United States to discuss their immigration options with a dedicated Berwyn attorney. Our legal team could provide guidance on the best type of work visa to pursue for one’s circumstances.
A “green card” is the identification card you receive when you acquire Lawful Permanent Residency in the United States. Unlike a work visa, which only lets you work for a specific employer for a limited period of time, a green card gives you the right to live and work anywhere in the U.S. A green card is a path to citizenship.
Because the green card is a pathway to full citizenship, it includes many of the same responsibilities as citizenship. You can live, work, or attend school anywhere in the U.S. without restrictions except U.S. law. You can travel to other countries and re-enter the U.S. at any port, as long as you do not relinquish your U.S. residency. You will need a travel visa, like any other U.S. resident.
Green card holders can sponsor some other family members, mostly their spouses or unmarried adult children, to obtain their own green cards. Family members must go through the same process as the original holder.
As a green card holder, you are expected to pay income taxes and file with the IRS. You can remain on your green card indefinitely, but your status is not permanent. You must renew your green card every ten years. You’re required to pay taxes, avoid criminal prosecution, and maintain your U.S. residency during that time.
A knowledgeable immigration attorney in Berwyn can explain how to apply for your green card.
Not all visas are granted on the basis of employment. For many people, the best chance of securing lawful permanent residency within the United States is through family-based immigration. As the name suggests, a family visa is awarded to family members of U.S. citizens and permanent residents.
There are two paths for family-based immigration, and these paths are based on the relationship the applicant has with his or her sponsor. Immediate family members have preference, and there is no limit on the number of these visas issued to these groups each year. However, non-immediate family members face a longer application process. The process for them can take years due to yearly limitations on the number of visas awarded. A dedicated Berwyn lawyer could answer questions and help streamline the immigration process for family-based visas.
Not everyone who goes through the immigration process hires an attorney. Many assume the process is straightforward and can be handled without the guidance of professionals. This approach is risky, as even a minor error could result in significant delays or risk an application denial.
Hiring an attorney might not be required, but it is a good idea for anyone dealing with immigration issues. Relying on the guidance of an attorney could save an applicant significant time they would otherwise need to use researching immigration law. Additionally, this area of the law is complicated and difficult to pick up for most people acting as their own attorneys, especially in cases involving cancellation of removal or extended immigration delay concerns.
Furthermore, immigration law is constantly changing. Any information acquired on the internet, for instance, might be outdated. Some sources could provide incorrect or incomplete guidance. An experienced immigration attorney in Berwyn could give an applicant the best chance at achieving his or her immigration goals while avoiding major pitfalls.
One reason to hire an attorney might be a Writ of Mandamus. Currently, immigration cases are stalled because of the focus on removal and deportation, and the downsizing of USCIS. As a result, legitimate visa and green card cases have been trapped in legal limbo. That does not relieve the government of its duty to keep cases moving forward.
A Writ of Mandamus compels the government to make a decision on an application that has been pending an inordinate amount of time. Filing a Writ of Mandamus can cause the agency to act without the need for a lawsuit. Experts warn that the response can just as easily be negative: the agency can deny your petition outright.
However, if you have been waiting for months or years to hear from the government on your application, and have exhausted all other means of getting a response, it may be time to file a writ.
Writs of Mandamus are frequently filed in cases of Status Adjustment or pending Green Card applications that have been waiting for more than 12 months, or asylum applications that have been waiting for more than four years. Visa applicants who have had their interview may also consider filing.
To file a Mandamus writ, you must:
Filing a mandamus is more complex than this summary makes it appear. In some cases, the government may have discretion over your application. Your Berwyn immigration attorney can explain what is needed to show “unreasonable delay” and what documentation you should have to prove you have exhausted your administrative alternatives.
Filing a Writ of Mandamus does not mean the government will rule in your favor. You should only try this method if your application has been pending an excessive amount of time and you have no other options to get your case moving again.
Godoy Law Office provides legal immigration assistance to Berwyn and other communities in Cook County. If you need help with an immigration issue in any of these towns, call us.
Other communities we serve include La Grange, Brookfield, Broadview, Maywood, LaGrange Park, and Summit.
Working with an attorney who understands immigration law could be invaluable for you or any family members navigating this system. In many cases, the right attorney could be the difference between a favorable outcome and a tragic one. Before you attempt to resolve your issue on your own, discuss your options with a Berwyn immigration lawyer. This may include exploring long-term solutions such as the citizenship and naturalization process or family-based immigration through sponsoring an immigrant. Reach out to Godoy Law Office today to schedule your initial consultation.
