Think Immigration: Why Do You Need an Immigration Attorney?
The AILA New England Chapter asked our summer interns the question: ‘Why do you need an immigration attorney?’ Author Mitch Montgomery compiled and curated their replies to reflect different responses. Special thanks to Katrynna Jackowicz, Elia Matrician, Magdalena Murphy, and Ananya Potlapalli for their contributions.
Having an immigration attorney matters. According a 2016 report by the American Immigration Council, only 37 percent of all immigrants facing removal from the U.S. secured legal representation. For detained immigrants, that number drops to a shockingly low 14 percent. What’s more, immigrants who do access representation are much more likely to secure release from detention, avoid being removed in absentia, and seek and obtain immigration relief.
The importance of an immigration attorney for immigrants is clear from these statistics. Yet universal access to immigration counsel remains far from a reality. Below we highlight additional reasons, beyond mere statistics, for the importance of an immigration attorney.
First, an immigration attorney ensures fair and equal representation for all immigrants, not only those in immigration court, but also those navigating affirmative filings for immigration benefits. Between shifting political landscapes and the complexities of temporary work visa applications, green cards, citizenship, and other processes, the immigration process is dense and hard to navigate. Even a seemingly straightforward application can require a nuanced understanding of an overlapping patchwork of various laws, policies, and regulations. An immigration attorney provides immigrants with in-depth knowledge and understanding of legal requirements and evolving policy changes, ensuring that all filings are submitted in compliance with current regulations.
Having an immigration attorney who is an expert in the specific sub-field, whether employment-based, family-based, or humanitarian, also helps ensure each immigrant applies for and obtains the appropriate form of relief specific to their unique situation. Each situation is different, and an immigration attorney can advocate for the individual and inform them of their rights and options.
As the statistics cited above demonstrate, having an immigration attorney in immigration court is critical. Many immigrants may not know what forms of removal relief they are eligible for, much less how to competently prepare an application for relief. Immigration attorneys help immigrants gather and present the best kind of evidence to support their case and prepare individuals for their hearings in court. Perhaps most importantly, an immigration attorney can explain processes in clear detail and explain what happens in court, providing important reassurance to immigrants.
The immigration legal system in the United States is an overlapping network involving many different government agencies, laws, regulations, policies, and guidelines. It would be nearly impossible to navigate this system competently without the knowledge and expertise of an immigration attorney. Attorneys are a critical resource in helping individuals, families, and businesses ensure their rights are protected and advocated for, and that cases are resolved efficiently and successfully.
About the Author:
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