Importance of Immigration Lawyers

This article provides a detailed insight on the need for immigration lawyers pertaining to different scenarios. An expert immigration lawyer can help you immigrate to your dream destination with minimum fuss and with complete support and understanding of the applicable rules and laws.

Wed Jun 29 2022 | Immigration, Appeal and Others | Comments (0)

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As Indians, we know India in itself is an amazing nation and even the world agrees with that, however, grass is always greener on the other side and that is why Indians desire to immigrate abroad.

The desperation to immigrate to a different nation can be due to anything from wanting to get away from the Indian culture (lack of personal space, lack of basic infrastructure, unnecessary bureaucracy)or opting to be a part of the world class education system to seeking greater/ better employment opportunities, to trying to be a part of the American dream, to simply craving a change in lifestyle.

However, the point to note is that the current procedure to immigrate abroad is no longer sweet and simple. The entire procedure requires a lot of effort and time of the candidate trying to relocate to another country. Therefore, the need for an expert immigration lawyer while trying to immigrate is significant.

Besides this, the Indian immigration law further provides legal assistance on several immigration as well as non immigration related issues like tourist visa, work permits, medical visa, business visa etc. for foreign nationals seeking to come to India. The Immigration Law is also associated with the Nationality Law, as far as foreign nationals are concerned, as the issues of citizenship, residency permits etc. are also handled.

An expert immigration lawyer has specialization in the foreign immigration laws as well as worked  closely with the immigration lawyers of other nations to provide the best assistance to candidates in obtaining tourist visa, work visa, finance visa, spouse visa, family immigration visa, alien relative visa, student visa, business visa, intra - company transfers, transit visa, medical visa, exchange visitor visa, media representative visa, etc.

Role and significance of an expert immigration lawyer

  • An expert immigration lawyer has the required skill set as well as appropriate experience to assist in the documentation procedure while initiating the immigration process.
  • An expert immigration lawyer provides assistance while preparing and during the submission of the entire documents with the concerned government authorities.
  • An expert immigration lawyer can assist in the preparation of application for OCI (Overseas Citizenship of India) and subsequently in filing the said application.
  • An expert immigration lawyer can help in case the candidate has still not converted his/ her PIO (Person of Indian Origin) status to OCI (Overseas Citizen of India) status as mandated by the Government of India.
  • An expert immigration lawyer helps in converting visa status of the candidate.
  • An expert immigration lawyer assists candidates with visa renewals
  • An expert immigration lawyer assists with the registration with Foreigner Regional Registration Offices/ Foreigner Registration Office (FRRO/ FRO) etc for issuance of Residential Permit and Registration Certificate.
  • An expert immigration lawyer keeps the client comprehensively informed of all the updates in the regulations of immigration.
  • An expert immigration lawyer provides extensive knowledge of the alternative visa options available to the candidate.
  • An expert immigration lawyer helps in resolving complications that might emerge pertaining to a temporary visa or work permit etc.
  • An expert immigration lawyer assists and handles issues related to refusal of visa, and subsequently filing of appeals against such visa refusal.
  • An expert immigration lawyer represents his/ her clients during denial of issuance of visa under Section - 221 (g) of the Immigration Nationality Act(US) on the ground of failure to submit documents or to meet requirements of the United States law or the provision governing issuance of visa.
  • An expert immigration lawyer handles issues related to family or employee based naturalization as well as immigration sponsorship.
  • An expert immigration lawyer helps candidates obtaining permanent residency permits, visa applications for tourists, dependents, exchange visitors etc.
  • An expert immigration lawyer helps in providing assistance in filing applications, petitions, forms and answering queries about immigration law in real time.
  • An expert immigration lawyer has expertise in Indian immigration services, who can provide assistance to foreign clients in getting a tourist visa, Indian student visa, Indian business visa, medical visa, Indian work permit, entry visa, employment visa etc.

Some additional situations where hiring an immigration lawyer can be critical

Majority of the people hire an immigration lawyer only when they need help in submitting applications for some kind of immigration documents. This is primarily true when the person is unable to entirely comprehend  the numerous requirements under the Immigration Law of different countries.

However, there are instances where hiring an immigration lawyer becomes a necessity:

  • In case the applicant has been convicted of a crime- In such situations, it is advised to disclose complete criminal records , even the accusations that were dropped or have been expunged. The significance of an immigration lawyer during such instances is greater because immigration lawyers comprehend how immigration and criminal law overlap with each other.
  • In case prior immigration applications have been denied -An immigration lawyer can determine the reason for refusal of the application. Moreover, the lawyer can even determine if there is a possibility to appeal against rejection and/ or reapply later in the future.
  • In case the candidate has previously been deported or denied entry in some other country - An immigration lawyer can provide advice on the effects of deportation as well as exclusion from a country.
  • In case the candidate has some kind of health condition- Every country has restrictions against permitting immigrants suffering from communicable diseases and therefore, a lawyer can help the candidate in understanding and applying for special visas in such situations.
  • In case an applicant has been waiting for an unreasonable long time for the application to pass through- An immigration lawyer has the required experience and is familiar with the entire application procedure including the time duration and the deadlines that are to be maintained. As a result, a lawyer can help the candidate to get expedited processing of the application.
  • In case the candidate is applying for an employment visa but the future employer is not helping with the immigration issues- Obtaining an employment visa can get really complicated, however, an immigration lawyer can make sure that the future employer is proactive in fulfilling the obligations towards the immigrant employees.
  • In case the candidate’s marriage to a foreign citizen got terminated before they could have conditions removed on their permanent resident status -Visa applications based on marriages are usually filed together. If the marriage got terminated due to death or divorce, then it can get significantly difficult to prove that it was not a fraudulent marriage. An immigration lawyer can help prove the same.
  • In case the candidate is looking to adjust his/ her permanent resident status but got divorced recently and subsequently married a different citizen- The primary issue of concern in such a situation here would be that the first marriage would be suspected to be a scam and therefore, an immigration lawyer can be significant to prove that the first marriage was, in fact, legal and not a scam.
  • In case the candidate is seeking to immigrate to the US with his/ her family and the child attains the age of 21 years before the grant of permanent resident status to the child - Since eligibility provisions to obtain permanent resident status is different for children under the age of 21 years, an immigration lawyer can help determine the most suitable method of filing applications for children.

In case the candidate has already initiated the application procedure but does not know what to do next - At times, the immigration departments ask for additional paperwork or documentation to support a candidate’s claim. Therefore, seeking help of an immigration lawyer from the first step of the procedure can always help avoid delays and may even make the entire procedure faster.

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