IMMIGRATION QUESTION:

Question: Hello. I came here to Sunrise from Jamaica as a tourist in 2004 and applied for an extension of my tourist visa, but it was denied because they said I did not support my request with adequate documentation. After the denial, I stayed in the U.S. My I-94 card (the one they gave me at the immigration in the airport) expired the same year. In 2005 a friend told me about getting a work authorization through some immigration place in Lauderhill, so I did it. Well, of course the guy took my money and gave me a receipt, but I never got my work permit. Now he won’t take my calls! Since then I don’t really trust anyone who does immigration cases. Anyway, now I want to marry my girlfriend who just got her citizenship, but I want to make sure that I do everything the right way. I called the Immigration 800 number to ask what we needed to do and they told me to go to the nearest immigration support center to get forms and instruction. Well, so I went to the center and they only gave me a few forms, no so-called instructions (only the complicated ones on the forms) and said they could not give me any legal advice. My fiancée and I sat down last weekend and tried to make sense out of it, but honestly, it really seems to be very unclear exactly what forms must be completed and what we need to include. I called your office but my appointment is not until next week so I thought I would send you this email in the meantime. Can you please tell me what the difference is between if I try to do this thing myself and save money or if I have a lawyer do it? I mean, is it faster if a lawyer does it? Do you have special connections at Immigration? If I pay to have it done, what exactly will we get? Thanks so much for your answers.

Answer: Good question! Of course, I am an attorney and representing clients in these types of cases is exactly what I do. But with that said, it is important for me to tell you clearly what you should and should not expect from an honest, competent immigration attorney. First, no attorney or “immigration professional” can make your case go faster. If anyone ever tells you that - know now that it is simply not true. Second, there is no such thing as having a “contact” at the USCIS if you refer to having a special connection where an attorney or immigration paralegal can call and have a case approved or obtain some special benefit or attention that regular cases do not get. That is also not true, but often an “implied” benefit that some unscrupulous people typically use to make you want to give them your hard-earned money. In fact, the best thing a good immigration attorney can do is really very simple, straight forward and extremely valuable - that is- make sure:

1) your case is prepared in an expert, professional manner and is complete,
2) that all the required forms, supporting documents and other information accompanies your package,
3) that the correct filing fees are attached,
4) that your case is filed at the appropriate USCIS location,
5) that once filed, you receive each of the correct receipts for each application filed,
6) that you receive your biometrics appointment notice and have your fingerprints and photos taken on the date scheduled, 7) that you use the required receipt to obtain your Florida Driver’s License or renewal,
8) that you receive your Work Permit on time or have an appointment through “Infopass” to have it issued at your local USCIS District office once 90 days have passed,
9) that you receive your Travel Permit (if applied for),
10) that you receive complete advice and instructions regarding exactly what you need to do during the date from the time of filing your Immigration petition until you receive your Immigration interview,
11) that during the requisite time you actually do receive your Immigration Interview appointment, 11) that you are fully prepared (meet with the attorney prior to appt) and have all the required documents, updated Affidavit(s), original documents, etc. which the USCIS officer will require in order to issue you your Residency.

Once you have received the above benefits, you are fully prepared for your residency interview and receive your Green Card in the mail several weeks after the interview. There is also valuable advice you will need about what to do after your receive your residency if you are a “conditional resident” and how to go about removing that condition to obtain your full, unconditional residency and eventually apply for your Citizenship!

With all that said, I admit that some very detailed, diligent people do successfully accomplish the above by themselves and I commend them for it. It is no easy task and does take a great deal of perseverance and tenacity. Many people file their own taxes and frankly, I am in awe! In the end, the most important thing to know is that it depends upon you, whether or not you feel qualified to undertake the mission. If you do, just make sure that you educate yourself as much as possible so that you know exactly what is required, what steps to take and what you should expect to receive.