As with many legal issues, immigration is a complex legal process which must be carefully navigated in order to avoid costly delays and potential pitfalls of unrealized infractions that could potentially cause you to lose your right to remain in the United States and possibly be deported through expedited removal or through a removal proceeding in front of an immigration judge.
Whether you’re beginning the immigration process or you find yourself midway through a legal dilemma involving the filing of your immigration forms or a misunderstanding of the law, it’s essential that you seek the advice and representation of an expert in the immigration process. If the immigration lawyer is experienced and knows immigration and criminal law, he or she will be able to protect your rights, ensure that no issues arise and help in your process to become a legal non-resident or permanent resident of the United States. If you do not hire an experienced immigration lawyer, you may end up ruining your chance to legally remain in the United States.
Seeking a Qualified Federal Appellate Attorney
Because our immigration laws are complex, it’s important to hire an experienced immigration attorney who knows the law and who can also file proper appeals with our government’s administrative agencies or in the federal courts. One of the reasons for hiring an expert in the immigration process is due to the fact that there are limited appeals if your case is denied. Usually an appeal begins after an administrative body such as the United States Citizenship and Immigration Services (USCIS) denies your case. If your case is denied, an administrative appellate body such as the Board of Immigration Appeals (BIA), the Administrative Appeals Office (AAO) or the Department of Justice (EOIR) will hear your case. However, if that body upholds the underlying decision, your only and last option will be to file an appeal in the federal court and these appeals must all be filed within the requisite statute of limitations.
It’s important to remember that immigration law is governed under the Immigration and Naturalization Act (INA) and at the federal level. Attorneys who practice primarily in state or local venues, will not be abreast of the procedures of the federal court process. They will not understand appellate requirements or how to sustain or argue an appeal, nor will they understand immigration laws and administrative rulings. Therefore, the first criteria in selecting a proper immigration lawyer who will be able to assist you in your application or petition process or in your removal or deportation proceedings is to hire an immigration attorney who routinely practices in federal court. This is an essential requirement and one which cannot be overlooked. Further, hiring one who also practices in the federal circuit courts is important, for if you lose your case before the BIA, for example, you will have to file an appeal in your state’s federal circuit court.
AILA Membership (and Being Listedon Their “Find a Lawyer” Web Page)
In addition to this experience, many immigration lawyers are members of the American Immigration Lawyers Association. Members of this organization have made a professional commitment to the field of immigration and actively seek to stay abreast of any changes that may occur in the law. They also advocate for changes in the immigration law and to protect and preserve the rights of family members who may be in the immigration process or require immigration assistance. While membership in this organization is strictly voluntary, if the immigration lawyer is a member of this organization, it does indicate an additional level of commitment to the practice of immigration law. Further, on the AILA.org website there is a “Find a Lawyer” or “ILS” page where AILA recognizes AILA attorneys who meet its requirements in providing legal advice. Being on this list may be another avenue that recommends to an individual seeking immigration representation that an immigration attorney on this list knows the law and how to handle the immigration and federal process at all levels.
Experience Counts
In choosing the right immigration lawyer to handle your case, researching an immigration attorney’s credentials and professional experience in this field is important. It may be possible for you to review your attorney’s website forhis/her CV or resume and the more federal court experience you see listed on their CV or resume, this usually means that they will be able to handle your case, especially if your case is complex. You will also be able to ascertain a great deal of information about the firm and the types of cases it specializes in by looking at its website. Follow up with a phone call and ask specific questions to the immigration attorney about the types of cases he or she handles and the outcome of similar cases. If you are passed to someone who is not an attorney, he or she should not be giving you legal advice. Finding the experience listed and speaking directly to an immigration lawyer will not only give you valuable information as to how your case will be handled, but it will also give you a realistic idea about your comfort level with the immigration lawyer and how the attorney will handle your case or take your calls.
Also, remember that it is best to hire and let a qualified immigration attorney handle your case from the beginning, for if the underlying record is not properly documented or protected, winning an appeal at the federal level will be more limited.
If you, a member of your family, or someone you know, have questions regarding the immigration process, filing a petition or an application with USCIS, or any other government agency, if you have been denied your case, or it is in limbo and not being adjudicated by USCIS, or if you need to file an appeal with one of the many administrative agencies or in the federal court, please contact Goldstein & Scopellite, PC. Let our team of experienced attorneys in Dallas, Texas and in Tucson, Ariz., assist you through the immigration legal process and the issues that may arise during this process.
Goldstein & Scopellite, PC, is located in Dallas, Texas and was established in 2002. For more information, see our local listing in D Magazine.
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