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The United States immigration system can be difficult to navigate, especially on your own. From applying for a visa or green card to qualifying for citizenship, one mistake could have a lasting impact on your chances of living in this country over the long term. The good news is that a compassionate attorney at Godoy Law Office Immigration Lawyers could help.
You have the right to seek out legal counsel at any point in this process. Doing so right away gives your counsel the opportunity to build the strongest case possible. Instead of handling your case yourself, it may benefit you to seek guidance from an Elgin immigration lawyer.
For many people, pursuing a visa is the goal. An attorney in Elgin could assist with these efforts, but there are many different types of immigration programs to choose from. Some of the most common options include visas based on the following:
These options are either immigrant or non-immigrant visas. In other words, some of these programs provide a person with a path to citizenship while others do not.
When a person lives in the U.S. as a lawful permanent resident for five years or more, they can petition for citizenship. Significant benefits come with this change in legal status, as citizens are not at risk of deportation. They also enjoy the right to vote and can always re-enter the country.
In addition to spending time as a permanent resident, applicants must also remain physically in the country prior to applying. There is a citizenship test that must be passed, and the person must be fluent in English. A lawyer in Elgin experienced with immigration cases could guide a person through this process step-by-step.
There are five basic steps to becoming a U.S. citizen:
Before you can apply, you must be at least 18 years old, have been a lawful permanent resident for five years (three if married to a U.S. citizen), have a continuous physical presence in the U.S., and have a “good moral character” (that usually means you have not engaged in theft or fraud).
Along with the Application for Naturalization, you must include all the supporting documents. There is a substantial list of documentation, and this is where an attorney’s help is essential. With any government filing, a top cause of rejection is missing documents and improperly completed forms. Don’t forget the filing fee.
This is a fancy way of saying the USCIS will take your fingerprints, photo, and get your signature for background checks. The background check is significant and will review your entire history. It’s a good idea to let your friends and neighbors know they will be contacted.
After the background check, you will have an in-person interview with a USCIS officer. They will ask questions about your application and your background check. You must also take the written citizenship test. This tests your basic knowledge of U.S. history and government, and your ability to speak, read, and write English.
When your application is approved, you will take the Oath of Allegiance to the United States and be issued a Certificate of Naturalization.
An Elgin immigration attorney can give you tips on how to streamline this process. It’s a good idea to study before your citizenship test. The questions are not easy, and you must answer six out of ten correctly. The test is available online at many locations, including the USCIS website.
One of the most important roles an attorney could take on is defending against deportation and removal. Non-citizens are always at risk, especially after the commission of certain crimes.
The potential defense strategies in these situations vary. For example, it may be possible to seek asylum or petition for an adjustment of status during the proceedings. An immigration attorney could also request that the federal government use its prosecutorial discretion to drop the case in Elgin. Determining the appropriate strategy can be challenging without the support of legal counsel.
Some specific defenses to deportation and removal can include:
If you can demonstrate that your removal would cause hardship to other family members who are here legally, you can petition the Department of Justice to remain in the country.
A cancellation of removal allows noncitizens who have been here for a certain period to remain and continue the citizenship process. Permanent residents must have five years as a green card holder with seven years’ continuous residence. Non-permanent residents must have 10 years’ continuous residence and a showing that removal would cause hardship to a lawful citizen or LPR spouse or child.
If you are already going through removal proceedings and become eligible for a green card through other causes (such as family petition or employment) you can ask the judge to change your status during the proceedings.
DHS/ICE attorneys have the option to close your case through administrative means. Your own attorney can request this action for cause, such as a showing of persecution in your home country.
Although the deportation process has been sped up recently, you still have the legal right to a hearing. Having the support of a local immigration lawyer in Elgin who will fight for your bond and release can help ensure you receive the hearing you are due. There are other methods of challenging your deportation. Speak with the attorneys at Godoy Law Office to learn all the options available in your case.
The unfortunate reality with the system is that it can take time to resolve a case. For some people, waiting years to have their visa application approved is not out of the ordinary. There are also circumstances where these delays become unreasonable.
An immigration lawyer in Elgin might resolve these issues in several ways. Often, it only takes contacting the United States Citizenship and Immigration Services to get an application moving again. In other situations, it may be necessary to file a type of lawsuit known as a writ of mandamus. This legal action requires the federal government to perform tasks it is obligated to do, like processing visa applications.
No matter whether you are located in Elgin or a nearby town, our attorneys can give you the legal assistance you need when you need immigration assistance. We can help the residents of these locations:
If you live in one of these communities or elsewhere in the surrounding Elgin area, our immigration attorneys are prepared to provide experienced legal guidance for visa applications, green cards, citizenship, deportation defense, and other immigration matters.
There are circumstances within the system where the support of legal counsel is important. When you are concerned about the outcome of your case, you must rely on an attorney who can help oversee the application process, communicate with the government agents on your behalf, and support you through each step of the process. Call today to schedule a private consultation with an Elgin immigration lawyer at Godoy Law Office.
