16 Eylül 2012 Pazar

Do I need a visa lawyer or a US immigration attorney?

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I am writing this because I was contacted by someone who was considering submitting an I 129 petition as the first stage of the K1 fiance visa process and asked my opinion on this topic and I thought it deserved a full answer.  Also, as it is a question that many people ponder, I thought that I would post my thoughts online.  Before I go through the pros and cons of do I need a lawyer or a US immigration attorney, I should tell you first what my wife (finance the time) and I decided with regard to this matter and why we came to the decision that we did.  Basically, we decided against getting a US Immigration Attorney for three reasons.  Firstly, I have many years of experience of working with immigrants to the UK, which is not the same as US immigration, but similar enough to give me confidence in dealing with the USCIS procedures.  Secondly, we could not afford the expense.  Thirdly, there were no particularly difficult complications that we could foresee, for example, I do not have a criminal record and we felt able to demonstrate that we were in a genuine relationship.


Pros of getting a Visa Lawyer or US Immigration Attorney?
If the visa lawyer or US immigration attorney is any good, he or she will know the procedures and legislation inside out.  They will also have experiences of dealing with glitches and major problems.
The visa lawyer or US immigration attorney can give you general advice on things such as time schedules and filling in the application forms, collecting evidence for your I 129 etc.
The visa lawyer or US immigration attorney can help you with complications, such as past criminal records, concerns over medical conditions, or visas being refused in the past.
The visa lawyer or US immigration attorney can deal with the USCIS authorities on your behalf.

Cons of getting a Visa Lawyer or US Immigration Attorney?
The expense is the main thing that puts people off getting a visa lawyer or US immigration attorney.  If you can comfortably afford a lawyer or attorney and you are not confident at dealing with all the procedures and legalities, then you might as well enquire about getting one, especially if there are complications or you have had visa problems in the past.
It is possible that having a visa lawyer or US immigration attorney might slow the process down slightly.  For instance, if you send your application forms to them to be checked before they are sent on to the USCIS, it might add a day or two onto the overall processing time.  They could also save you time, however, by preventing mistakes!

Remember: If you are in doubt, you can always enquire to find out how much a visa lawyer or US immigration attorney is likely to cost you and what services they offer in return.  You can always say no.

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