Can An Immigration Lawyer Help Get Someone Into The U.S.?

America has always been called the “melting pot” because it has welcomed so many visitors, permanent residents, and naturalized citizens inside her borders.  However, there are many details under immigration law that must be satisfied completely for people to obtain the necessary visas to enter this country, and an immigration attorney has always been highly recommended for applicants.  Since the terrorist attacks of 9/11, U.S. security has grown even tighter, immigration laws have been strengthened, and it is even more essential for candidates to retain immigration lawyers.  

Obtaining Visas

Visas are permits to enter the United States, either on a temporary or a permanent basis.  There are strict categories and priorities for various classes of people to obtain visas under immigration law, and an immigration lawyer can help applicants find the appropriate category under immigration law affording the highest priority for which they are eligible. 

Obtaining Nonimmigrant Visas    

Immigration law offers several categories of temporary visas to visitors who have a specific purpose for entering this country, and an immigration lawyer can help determine the most appropriate category for each applicant.  In some cases, the process is not complex and can be handled through the visitor’s home country and American consulate without an immigration lawyer.  Immigration law allows those visitors to obtain tourist visas and business visitor visas that have time limits of one year but can be renewed for additional six-month periods. 

There are nearly 20 other categories of non-immigrant visas that are more complex and restricted and often do require the assistance of an immigration lawyer to fulfill immigration law.  These visas are issued for students, diplomats, representatives of international organizations, temporary workers, foreign media, foreign workers with exceptional abilities or degrees, entertainers, and religious workers, among others.

Immigration law establishes quotas for most categories of visas, making it essential that applicants enlist the aid of an immigration lawyer.  Among these categories, one of the most complex is temporary work visas for “specialty occupations” requiring a specific employer and a specific position be waiting.  The advice of an immigration legal defense attorney is essential so the employer can obtain a labor certificate required by immigration law and obtain approval for visas for the employee they’re bringing into their business.  Immigration law then requires a visa number be assigned, which may not become available for years, depending on quotas for those visas.  In cases of long delays, immigration counsel may be able to find the glitch and solve the difficulty quickly.  Under immigration law aliens can then enter the country for three years, with the possibility of a three-year extension.
 
Other categories have different processes and time limits specified under immigration law, which differ by the need, quotas, and security risk, and they may also require immigration lawyers to help fulfill the requirements of immigration law. 

Those who attempt to obtain visas without the assistance of immigration attorneys may find their application rejected, and those who do, face an even more difficult process if they attempt to re-apply.  That is why it is so important to find an experienced  lawyer to help satisfy the requirements of immigration law the first time.

Visas for Permanent Residents

Under immigration law, those who wish to establish permanent residence in the U.S. must apply for permanent visas.  These are often more complex and detailed than temporary visas, and a skilled lawyer can be indispensable in comprehending and fulfilling the requirements of immigration law.

Immigration law allows both aliens living abroad and those in the U.S. with temporary visas to apply for these visas with their immigration lawyers.  In the latter cases, immigration law requires that temporary residents and their immigration lawyers apply for an adjustment in status under immigration law. 

Immediate family members of citizens, resident aliens returning home after traveling abroad, and former citizens are categories under immigration law that do not have quotas for visas.  Applicants in these categories generally do not need the help of an immigration lawyer to obtain visas unless those family relationships are complex and require corroborating evidence that must be compiled by an immigration lawyer.  All others are subject to quotas, which often means additional paperwork, which can be supplied by immigration lawyers, and often significant delays.  There are two primary categories of visas with such time limits, including:

• Family members not considered immediate family but eligible for immigrant visas through an immigration lawyer
• Foreign workers with “specialty” skills or occupations who must apply through a specific employer for a specific position, for which an immigration lawyer can speed the process.

Visas to enter the U.S. can be obtained without immigration lawyers, but there are too many things that can go wrong, ending some hopes for entrance into the U.S. at all.