When to Seek Legal Assistance: How an Immigration Lawyer Can Help with Marriage-Based Adjustment of Status Cases
Navigating the complex immigration process can be overwhelming, especially when it comes to marriage-based adjustment of status cases. While it's possible to complete the application without legal representation, there are various circumstances where seeking the assistance of an immigration lawyer can greatly benefit your case. In this article, we will explore the importance of knowing when to seek legal assistance and how an experienced immigration lawyer can provide valuable support throughout the marriage-based adjustment of status process.
Understanding the Complexity of Marriage-Based Adjustment of Status: Marriage-based adjustment of status involves multiple intricate steps and requirements, making it crucial to comprehend the process fully. A family-based immigration lawyer specializes in immigration law and possesses extensive knowledge of the legal framework, documentation, and procedures involved in cases involving marriages and romantic relationships. By seeking their assistance, you gain access to their expertise and experience in handling similar cases, ensuring that you don't miss any vital details or commit errors that could jeopardize your application.
After marrying a US Citizen spouse or Green Card holder, it’s important to understand that every marriage-based adjustment of status case is unique, and there are situations where seeking legal assistance becomes even more critical. If you encounter any of the following circumstances, it is highly recommended to consult an immigration lawyer:
a. Prior Immigration Violations: If you or your spouse have had any previous immigration violations, such as overstaying a visa or unauthorized employment, an immigration lawyer can assess the impact on your case and strategize accordingly.
b. Complex Marital History: In cases involving previous marriages, divorces, or any other complexities in the marital history, an immigration lawyer can help navigate potential red flags and present a stronger case to immigration authorities.
c. Inadmissibility Issues: If you or your spouse have any grounds of inadmissibility, such as criminal records or health-related concerns, an immigration lawyer can assess the situation, determine eligibility waivers, and advocate on your behalf.
Comprehensive Documentation Assistance: One of the most critical aspects of a marriage-based adjustment of status application is providing thorough and well-organized documentation. An immigration lawyer can guide you in gathering the required evidence to establish the authenticity and bona fide nature of your marriage. They can assist in preparing affidavits, organizing financial records, collecting joint assets and liabilities information, and ensuring that you have a compelling collection of evidence to present to immigration authorities. They can also help you prepare your case with primary evidence which is the type of evidence that cannot be made up vs. secondary evidence which is weaker.
Preparing for the Marriage Interview: The marriage interview is a crucial stage in the adjustment of status process, where immigration officers assess the validity of the marriage. This process can be daunting but it requires the right preparation. An immigration lawyer can prepare you and your spouse for the interview by conducting mock interviews, providing guidance on answering questions effectively, and addressing any concerns or potential issues that may arise. Their expertise in handling these interviews can significantly increase your chances of success. An experienced immigration lawyer will assist you in understanding the purpose of the interview as a means to make sure that the authenticity of the marriage is not questioned. All documentation that may be of use can be identified by the immigration lawyer during the review process of the interview. As marriages are unique, so is the interview process, thus an immigration lawyer comes in handy to assist on the best course of action for specific situations.
Advocacy and Representation: In the event of complications, delays, or denials in your marriage-based adjustment of status case, an immigration lawyer can advocate on your behalf. They possess the knowledge and experience to navigate legal channels, communicate with immigration authorities, and present a persuasive case for reconsideration or appeal. Having legal representation ensures that your rights are protected and that you have an experienced professional guiding you through the complexities of the immigration system.
Many people think that you hire an attorney to fill out immigration forms. While this is part of the reason—to make sure documentation is correctly filled out, much of what an attorney offers is the value in counseling the client after the documentation has been filed. Because clients do not know what to expect after they file the case, they do not know when they miss certain correspondence, or what is supposed to happen next, when they can travel internationally, and how, etc. For example, when a potential client calls us, they say “I’m marrying my US Citizen partner, they ask how soon can I file my case, when can I travel after I file the case, do I travel on my H-1B or advance parole after I file the case, I’m traveling for the holidays so how do I reschedule my interview if it gets scheduled while I’m away, etc. There are so many questions that clients ask us after the case is filed and they often tell us that the support we provide was the best part of our representation.
While it's not mandatory to seek legal assistance for marriage-based adjustment of status cases, there are numerous situations where an immigration lawyer can be instrumental in ensuring a smooth and successful process. From providing expert guidance on documentation to representing your interests in complex situations, their knowledge and experience can make a significant difference. By recognizing the circumstances that warrant legal support and consulting an immigration lawyer, you enhance your chances of achieving a positive outcome in your marriage-based adjustment of status case.
Should you or your loved one have any questions or need representation, please do not hesitate to call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results even with the most difficult set of facts.