Benefits of getting an immigration lawyer Utah.

Attoryney Greg Smith talking on mic

Immigration laws frequently change. The laws can be loosened or made to be stricter, depending on the political climate. Because the laws fluctuate with lawmakers’ preferences, the steps to become a citizen or legal resident in Utah can be a challenge. Immigration lawyer Utah can help clients navigate this process.

The Process Can Be Lengthy. It may take years before a person is able to secure his or her citizenship. Many times, immigration laws mandate how long a person must live and work in a country before he or she can apply for citizenship. That individual may even be required to pass a language and citizenship test to demonstrate his or her cultural proficiency. Even so, a person’s immigration attorney will remain by that person’s side and guide the client on how to pass these tests and prove that this person is worthy of citizenship.

Your attorney can also help you complete and submit all necessary applications, while your government agency usually will not and cannot. They are typically only allowed to offer generalized instructions on the completion of applications, which can make the process frustrating and unnecessarily difficult. This means valuable insights can fall between the cracks of what they can and cannot tell you. Another good thing to know is that they are in no way liable for any misinformation that might accidentally get passed on as the result of law modifications. By having someone ensure that the documents are done right at the onset of your case, you can minimize future delays.

Attorneys may be able to appeal denied applications. If a person’s application is denied, he or she may wish to file an appeal. That person’s lawyer can file the necessary paperwork and perhaps even halt the client’s being deported out of the country until the appeal has been decided. The appeal process might take several weeks or months; however, during that time, attorneys help their clients prepare for their appearances before the court.

Regardless of the outcome, Lawyers are there to Help. Whether a person’s application is denied or approved, the client’s immigration attorney is there to assist that person. Many times, people are confused about the best decisions to make. Their emotions may cloud their judgment. Attorneys help these individuals make the best decisions possible during the entire process.

 

At times you can be faced with immigration disputes, and this is the best time to have an immigration lawyer Utah by your side. This is because they are trained to have your best interests at hand, and know all the resources, both legal and otherwise, to help you through this trying time. In issues as important as citizenship, choosing the right support can make all the difference.

With immigration attorney Greg Smith & Associates in Salt Lake City, your case can be reviewed to see what type of benefits and assistance that you qualify for. This means that you have access to referrals that will help you through this process. You might even luck upon agencies or associations that assist in helping you get settled once your case has resolution.

You may also find that your immigration lawyer Utah knows of a better way for you to approach your circumstances. There might be other options in obtaining legal access that were overlooked. By staying constantly abreast of new additions and changes within immigration laws, your attorney is the best person to analyze your options.

Your safest bet at obtaining a successful resolution to your case is enlisting the assistance in someone who specializes in circumstances like yours. An immigration lawyer is trained to spot out the best avenue for your specific needs. Getting the right assistance during a difficult time often means obtaining the right results as well.

Summary

When you hire a good immigration attorney, you can make sure that you get the best legal advice from a person who knows everything and can help you follow everything according to the rules when you apply for citizenship in Utah. Even if you commit a violation, the attorneys can help you out in some way as they have the means and the right knowledge needed to defend you.

Even if the immigration lawyers guides you on everything you need to successfully migrate, you should still have the knowledge about the various rules and regulations so you are not fully dependent upon the lawyers. You should know what to do and what you shouldn’t. The immigration rules of the Utah are very strict and hiring a good lawyer can go a long way in getting your application approved for citizenship or immigrant status.

Things to Look for in a Good Lawyer for Business

Having a good lawyer in business before you face complicated legal matters can save you a lot of stress and time. Business lawyers can help you if you get sued or face other serious issues. They can also help you proactively make solid business decisions, whether you’re just starting a business or have years of experience.

When you look for a lawyer to help your business, find one who has a combination of experience, knowledge and professionalism. Learn why it’s important to find a good lawyer for your business, what to look for when you choose a lawyer, interview questions to ask and FAQs regarding hiring one.

Why is it important to look for a good business lawyer?

What is a business lawyer, and what do business lawyers do? They can help you with all legal aspects of running your business, from choosing and registering your business as an LLC to representing you in court.

Your business should have strong legal representation to handle matters, such as trademark and copyright concerns, zoning compliance and licensing issues. Small business owners and those in leadership roles still learning how to function may need lawyers to teach them basic legal terms and help negotiate contracts.

Choosing a business lawyer ensures you get accurate legal counsel. Without doing your research and understanding how to find a good lawyer, you might end up losing money or making bad business decisions based on poor legal advice.

Things to look for in a good lawyer for business

An effective lawyer should have experience and be willing to build a strong relationship with you to learn more about your industry. Here are things you should look for when deciding how to choose a lawyer for your business:

Amount and type of experience

Narrowing your search down to business lawyers isn’t always enough. While some business lawyers handle all types of legal matters, many specialize in a certain type of business law. Some specialties include employment and labor issues, mergers and acquisitions, contracts, intellectual property and taxes.

If you have a specific legal matter, find someone who specializes in that area and has experience with similar cases. They’ll be better able to handle the case, since they’ve been through the issue before. If you want to hire a lawyer for business to manage ongoing legal matters or give you general business advice, a general business lawyer with varied experience can help you.

Look for an attorney with years of experience handling a variety of legal issues for businesses. It also helps to choose a lawyer who’s well-connected and has colleagues within their network who operate in different areas of business law. They can quickly refer you to these colleagues if a specific legal matter pops up.

Familiarity with your industry

Some industries are more complex than others, so your lawyer should know how yours operates, especially if you work in an industry with complex legal rules and regulations. They’re more likely to anticipate legal problems and give you sound legal advice if they’ve worked with other businesses in your industry. If they specialize in a certain industry, they’ll likely keep up with the regulations and best practices as they change.

Your business attorney should know what your business does, the types of services or products you provide and who your partners are. This helps them build your legal strategy effectively and allows them to know enough about your business to defend and represent it properly.

Willingness to teach and guide you

Many complex legal terms can be challenging to understand. If your business is undergoing a legal situation, you should understand the events taking place, so you can remain aware of where your business stands. Being knowledgeable of various legal terms and scenarios allows you to make business decisions that help you avoid future legal issues.

Hire a lawyer willing to educate you on basic legal terms. A competent lawyer should break down the legal issue with you and explain what they’re doing to solve it. They can handle the more complex problems of the legal situation while providing you with an overview of the problem, so you’re able to remain an active participant in the matter.

Interview questions to ask potential lawyers

When you interview potential lawyers to represent your business, try to find one you can build a strong relationship with who is knowledgeable about both your industry and your company. Common interview questions to ask business lawyers include:

  • Describe the success rate of your past cases.
  • How long have you been practicing law?
  • Do you have any experience in my specific legal matter?
  • Can you please describe your fee structure?
  • Are there any additional fees I’ll be paying for your services?
  • Do you have any client references I can view?
  • Explain your experience working in my industry.
  • Do you believe in teaching your clients about the logistics of their case?
  • What will you be willing to teach me?
  • Are you currently working with any clients in my industry?
  • What kind of legal connections do you hold?

Why You Should Develop a Relationship With a Business Lawyer

Hiring the right business lawyer is important. Your attorney can advise you on a variety of matters from the type of business you form at the start to how to handle complex legal situations. They’re there to support you through any conflicts or incidents that arise.

As time goes on and your lawyer gets to know you and your business better, they will become one of your most valuable assets.

How to hire the right lawyer for your business

Business lawyers are not one-size-fits-all. As with all important relationships, it’s paramount to make sure you’re professionally compatible. Take your time in finding the right legal support for your specific business needs.

Consider your company’s needs.

First, find a business law firm that has experience dealing with companies in your sector. Knowledge of your industry means they’ll be better able to protect your business against the types of issues that affect it.

Research attorneys and ask for referrals.

Researching lawyers can be daunting. The sheer number of choices can be overwhelming. Online reviews are amazingly helpful. Look past online ratings and take time to read actual client reviews, especially those in the same industry as you.

Ask other business owners about their experiences with their attorneys. Referrals from others in your industry are helpful. Ask other business owners how they resolved conflicts or tough situations. Knowing that a lawyer has been successful in representing other business owners is a good indicator that they can fulfill your needs as well.

Conduct an initial interview.

Make a shortlist of candidates and sit down with each one. Ask questions and follow up on their responses. The conversation should leave you feeling confident in their abilities.

Find out about their experience in your specific industry. Get them to share why they think they would best represent your business. Explain what your goals are as a business owner, and ask them how they can help you achieve them.

Trust your instincts. While knowledge and experience are important, you need to feel that you can communicate comfortably with your attorney and that you trust their judgment.

Why you should hire a business lawyer

Over time, your business lawyer will prove useful in many ways. They’ll learn about you and your business’s needs and direction. They will be able to make recommendations to improve the areas of your company. It’s smart to get your attorney involved as much as possible.

Business startup advice

It’s best to use your business lawyer’s guidance and expertise even before your company gets off the ground. Creating your company with a strong legal foundation can protect you in the long run. This investment will likely save you money for years to come.

Deciding on the type of business that you form is complicated. The most common choices are a limited liability company (LLC), a sole proprietorship, a partnership and a corporation. Each structure has varying degrees of liability and tax implications. Choosing the right option will protect you in the long run, save you money for years to come and potentially shield you from personal liability.

Contract creation and enforcement

All business relationships with your customers and suppliers are governed by contracts. Your lawyer can make sure that such agreements provide your company with the highest degree of protection. They can also check over suppliers’ contracts and give you advice on whether or not you should sign them.

The right contract is particularly important if you’re going into business with a family member or friend. You can avoid ugly situations later by getting the terms of your agreement in writing. Your attorney can create a contract to protect the interests of all parties involved.

Your lawyer will create a contract for your customers outlining what you will provide to them and how and when they pay you. Depending on whether you are a service company or selling a product, what you need in your contracts will vary.

You also need a contract to deal with consultants and contractors. Your attorney can draft a contract that clearly details the work they will perform for you as well as when they get paid.

How the United States Immigration System Works

U.S. immigration law is based on the following principles: the reunification of families, admitting immigrants with skills that are valuable to the U.S. economy, protecting refugees, and promoting diversity. This fact sheet provides basic information about how the U.S. legal immigration system is designed and functions.

The body of law governing U.S. immigration policy is called the Immigration and Nationality Act (INA). The INA allows the United States to grant up to 675,000 permanent immigrant visas each year across various visa categories. On top of those 675,000 visas, the INA sets no limit on the annual admission of U.S. citizens’ spouses, parents, and children under the age of 21. In addition, each year the president is required to consult with Congress and set an annual number of refugees to be admitted to the United States through the U.S. Refugee Admissions Program.

Once a person obtains an immigrant visa and comes to the United States, they become a lawful permanent resident (LPR). In some circumstances, noncitizens already inside the United States can obtain LPR status through a process known as “adjustment of status.”

LPRs are eligible to apply for nearly all jobs (i.e., jobs not legitimately restricted to U.S. citizens) and can remain in the country permanently, even if they are unemployed. After residing in the United States for five years (or three years in some circumstances), LPRs are eligible to apply for U.S. citizenship. It is impossible to apply for citizenship through the normal process without first becoming an LPR.

Each year the United States also admits a variety of noncitizens on a temporary basis. Such “non-immigrant” visas are granted to everyone from tourists to foreign students to temporary workers permitted to remain in the country for years. While certain employment-based visas are subject to annual caps, other non-immigrant visas (including tourist and student visas) have no numerical limits.

 

I. Family-Based Immigration

Family unification is an important principle governing U.S. immigration policy. The family-based immigration system allows U.S. citizens and LPRs to bring certain family members to the United States. Family-based immigrants are admitted either as immediate relatives of U.S. citizens or through the family preference system.

An unlimited number of visas are available every year for the immediate relatives of U.S. citizens. Prospective immigrants in this category must meet standard eligibility criteria, and petitioners must meet certain age and financial requirements. Immediate relatives are:

  • spouses of U.S. citizens;
  • unmarried minor children of U.S. citizens (under 21 years old); and
  • parents of U.S. citizens (petitioner must be at least 21 years old to petition for a parent).

A limited number of visas are available every year under the family preference system. Prospective immigrants in the family preference system must meet standard eligibility criteria, and petitioners must meet certain age and financial requirements. The family preference system includes:

  • adult children (married and unmarried) and brothers and sisters of U.S. citizens (petitioner must be at least 21 years old to petition for a sibling); and
  • spouses and unmarried children (minor and adult) of LPRs.

In order to balance the overall number of immigrants arriving based on family relationships, Congress established a complicated system for calculating the available number of family preference visas for any given year. The number is determined by starting with 480,000 (the maximum number in principle allocated for all family-based immigrants) and then subtracting the number of immediate relative visas issued during the previous year and the number of aliens “paroled” into the United States during the previous year. Any unused employment preference immigrant numbers from the preceding year are then added to this total to establish the number of visas that are available for allocation through the family preference system. However, by law, the number of family-based visas allocated through the preference system may not be lower than 226,000. The number of immediate relatives often exceeds 250,000 in a given year and triggers the 226,000 minimum for preference visas. As a result, the total number of family-based visas often exceeds 480,000. In Fiscal Year (FY) 2019, family-based immigrants comprised 68.8 percent of all new LPRs in the United States.

The family-based immigration system is summarized in Table 1.

Table 1: Family-Based Immigration System

Category U.S. Sponsor Relationship Numerical Limit
 

Immediate Relatives

 

U.S. Citizen adults

Spouses, unmarried minor children, and parents  

Unlimited

Preference allocation 
1 U.S. citizen Unmarried adult children 23,400*
2A LPR Spouses and minor children 87,900
2B LPR Unmarried adult children 26,300
3 U.S. citizen Married adult children 23,400**
4 U.S. citizen Brothers and Sisters 65,000***
* Plus any unused visas from the 4th preference.

** Plus any unused visas from 1st and 2nd preference.

***Plus any unused visas from the all other family-based preferences.

Worldwide level of family preference allocation: 480,000 minus visas issued to immediate relatives and parolees, plus unused employment-visas from previous fiscal year. Floor for preference categories: 226,000.
Source:  William A. Kandel, Permanent Legal Migration to the United States, (CRS Report No. R42866) (Washington, DC: Congressional Research Service, 2014), https://www.fas.org/sgp/crs/homesec/R42866.pdf.

In order to be admitted through the family-based immigration system, a U.S. citizen or LPR sponsor must petition for an individual relative, establish the legitimacy of the relationship, meet minimum income requirements, and sign an affidavit of support stating that the sponsor will be financially responsible for the family member(s) upon arrival in the United States or adjustment to LPR status within the United States. The individual relative also must meet certain eligibility requirements that include submitting to a medical exam and obtaining required vaccinations (including a COVID-19 vaccination), an analysis of any immigration or criminal history, as well as demonstrating that they will not become primarily dependent on the government for subsistence.

The spouses and children who accompany or follow the principal immigrant (the one sponsored by the U.S. citizen or LPR under the family-preference category) are referred to as derivative immigrants. Derivative immigrants also count toward the numerical caps for the categories in Table 1. That means that many of the visa slots allotted for members of these categories are often actually used by the spouses and children of the members. For example, in FY 2019, 61,031 people were admitted in the category “brothers and sisters” of U.S. citizens, but only 22,179 of them were actual brothers or sisters of U.S. citizens. The rest were spouses (14,956) and children (23,896) of the siblings of U.S. citizens.

II. Employment-Based Immigration

The United States provides various ways for immigrants with valuable skills to come to the country on either a permanent or a temporary basis.

Temporary Visa Classifications

Temporary employment-based visa classifications permit employers to hire and petition for foreign nationals for specific jobs for limited periods. Most temporary workers must work for the employer that petitioned for them and have limited ability to change jobs. There are more than 20 types of visas for temporary nonimmigrant workers. These include L-1 visas for intracompany transfers; various P visas for athletes, entertainers, and skilled performers; R-1 visas for religious workers; various A visas for diplomatic employees; O-1 visas for workers of extraordinary ability; and various H visas for both highly skilled and lesser-skilled workers. The visa classifications vary in terms of their eligibility requirements, duration, whether they permit workers to bring dependents, and other factors. In most cases, these workers must leave the United States if their status expires or if their employment is terminated. It may be possible, depending on the type of job and the foreign national’s qualifications, for an employer to sponsor the worker for permanent employment. A foreign national does not have to be working for the employer in order to be sponsored. However, depending on the permanent immigration category sought and the foreign national’s current nonimmigrant category, he or she may be able to complete the steps to become an LPR while continuing to live and work in the United States.

Permanent Immigration

The overall numerical limit for permanent employment-based immigrants is 140,000 per year. This number includes the immigrants plus their eligible spouses and minor unmarried children, meaning the actual number of employment-based immigrants is less than 140,000 each year. Any unused family preference immigrant numbers from the preceding year are added to this cap to establish the number of visas that are available for allocation through the employment-based system. The total number of available visas is then divided into five preference categories. For some categories, the sponsor must first test the U.S. labor market under terms and conditions established by the Department of Labor, and the Secretary of Labor must certify that the petitioner’s application meets certain requirements before the sponsor may file a petition with U.S. Citizenship and Immigration Services (USCIS). For some categories, the sponsor’s first step is to file a petition with USCIS or the foreign national may self-petition. The final step is the foreign national’s application for an immigrant visa at a U.S. embassy or consulate abroad or an application to adjust status to LPR if in lawful status in the United States. For consular processing, the immigrant visa application cannot be filed until after USCIS approves the immigrant petition. For adjustment of status, the time to file the application depends on whether a visa number is considered to be immediately available.

The employment-based immigration system is summarized in Table 2.

Table 2: Permanent Employment-Based Preference System

Preference Category Eligibility Yearly Numerical Limit
1 “Persons of extraordinary ability” in the arts, science, education, business, or athletics; outstanding professors and researchers, multinational executives and managers.  

40,040*

2 Members of the professions holding advanced degrees, or persons of exceptional abilities in the arts, science, or business.  

40,040**

3 Skilled workers with at least two years of training or experience, professionals with college degrees, or “other” workers for unskilled labor that is not temporary or seasonal.  

40,040***

 

“Other” unskilled laborers restricted to 5,000

4 Certain “special immigrants” including religious workers, employees of U.S. foreign service posts, former U.S. government employees and other classes of aliens.  

9,940

5 Persons who will invest $500,000 to $1 million in a job-creating enterprise that employs at least 10 full time U.S. workers. For petitions filed on  or after 11/21/2019 the investment amounts increase to $900,000 to $1.8 million, with future increases  at specified intervals.  

9,940

*Plus any unused visas from the 4th and 5th preferences.

**Plus any unused visas from the 1st preference.

***Plus any unused visas from the 1st and 2nd preference.

Worldwide level of employment-based immigrants: 140,000 for principal applicants and their dependents.
Source:  Ruth Ellen Wasem, U.S. Immigration Policy on Permanent Admissions, (Washington, DC: Congressional Research Service, March 13, 2012), 4, https://www.fas.org/sgp/crs/homesec/RL32235.pdf.

In FY 2019, immigrants admitted through the employment preferences made up 13.5 percent of all new LPRs in the United States.

III. Per-Country Ceilings

In addition to the numerical limits placed on the various immigration preference categories, the INA also places a limit on how many immigrants can come to the United States from any one country. Currently, no group of permanent immigrants (family-based and employment-based combined) from a single country can exceed seven percent of the total number of people immigrating to the United States in a single fiscal year. This is not a quota to ensure that certain nationalities make up seven percent of immigrants, but rather a limit that is set to prevent any immigrant group from dominating immigration flows to the United States.

IV. Refugees and Asylees

Refugees are admitted to the United States based upon an inability to return to their home countries because of a “well-founded fear of persecution” due to their race, membership in a particular social group, political opinion, religion, or national origin. Refugees apply for admission from outside of the United States, generally from a “transition country” that is outside their home country. The admission of refugees turns on numerous factors, such as the degree of risk they face, membership in a group that is of special concern to the United States (designated yearly by the president and Congress), and whether or not they have family members in the United States.

Each year, the president, in consultation with Congress, determines the numerical ceiling for refugee admissions. The overall cap is broken down into limits for each region of the world. After September 11, 2001, the number of refugees admitted into the United States fell drastically. After the Bush administration put new security checks in place, annual refugee admissions returned to their previous levels and rose during the Obama administration. During the Trump administration, the refugee ceiling fell sharply, from 110,000 in FY 2017 to 45,000 in FY 2018 and 30,000 in FY 2019. For FY 2020, the ceiling was set at an all-time low of 18,000—although only 11,814 were actually admitted (the lowest number of admitted refugees since the system was created in 1980.) The FY 2021 ceiling was set at 15,000 by the Trump administration, but was subsequently raised to 62,500 by the Biden administration. However, as of August 31, 2021, only 7,637 refugees had been admitted with just one month remaining in the current fiscal year.

Of the 62,500 admissions determined by the president for FY 2021, the regional allocations are shown in Table 3 below. Given the slow pace of admissions, it is unlikely that any of these allocations will be met.

Table 3: Presidential Determination on Refugee Admissions, FY 2021

Africa 22,000
East Asia 6,000
Europe and Central Asia 4,000
Latin America/Caribbean 5,000
Near East/South Asia 13,000
Unallocated Reserve 12,500
TOTAL 62,500
Source: U.S. Department of State, Bureau of Population, Refugees, and Migration, “Refugee Admissions Report as of July 31, 2021,” https://www.wrapsnet.org/documents/Refugee%20Admissions%20Report%20as%20of%2031%20Jul%202021.xlsx

Asylum is available to persons already in the United States who are seeking protection based on the same five protected grounds upon which refugees rely. They may apply at a port of entry at the time they seek admission or within one year of arriving in the United States. There is no limit on the number of individuals who may be granted asylum each year, nor are there specific categories for determining who may seek asylum. In FY 2019, 46,508 individuals were granted asylum.

Refugees and asylees are eligible to become LPRs one year after admission to the United States as a refugee or one year after receiving asylum.

V. The Diversity Visa Program

The Diversity Visa Program was created by the Immigration Act of 1990 as a dedicated channel for immigrants from countries with low rates of immigration to the United States. Each year, 55,000 visas are allocated randomly through a computer-generated lottery to nationals from countries that have sent fewer than 50,000 immigrants to the United States in the previous five years. Of the 55,000, up to 5,000 are made available for use under the Nicaraguan Adjustment and Central American Relief Act program, created in 1997 to provide relief to certain asylum seekers who applied for asylum before a specific date. This results in a reduction of the actual annual diversity visa limit to 50,000. The program was originally intended to favor immigration from Ireland (during the first three years of the program at least 40 percent of the visas were exclusively allocated to Irish immigrants). Diversity visas are now distributed on a regional basis and benefit Africans and Eastern Europeans in particular.

To be eligible for a diversity visa, potential applicants from qualifying countries must have a high-school education (or its equivalent) or have, within the past five years, a minimum of two years working in a profession requiring at least two years of training or experience. Spouses and minor unmarried children of the principal applicant may also enter as derivatives.

Immigration bans implemented by the Trump administration effectively shut down the Diversity Visa Program in 2020 and left roughly 43,000 of that year’s lottery winners without their visas. Those 2020 lottery winners who did not receive visas by the end of the fiscal year lost their chance to immigrate to the United States, prompting some of them to file lawsuits against the federal government in an effort to obtain their visas. Although the Biden administration subsequently lifted the immigration bans, the Diversity Visa Program has resumed at a very slow pace. By the end of June 2021, the State Department had issued only 3,094 diversity visas for FY 2021. Some FY 2021 lottery winners have filed lawsuits demanding that the State Department issue their visas before the end of the fiscal year.

VI. Other Forms of Humanitarian Relief

Temporary Protected Status (TPS) is is granted to people who are in the United States but cannot return to their home country because of “natural disaster,” “extraordinary temporary conditions,” or “ongoing armed conflict.” TPS is granted to a country for six, twelve, or eighteen months and can be extended beyond that if unsafe conditions in the country persist. TPS does not necessarily lead to LPR status or confer any other immigration status.

Deferred Enforced Departure (DED) provides protection from deportation for individuals whose home countries are unstable, therefore making return dangerous. Unlike TPS, which is authorized by statute, DED is at the discretion of the executive branch. DED does not necessarily lead to LPR status or confer any other immigration status.

Deferred Action for Childhood Arrivals (DACA) is a program established in 2012 which permits certain individuals who were brought to the United States while under the age of 16 and who have resided continuously in the United States since June 15, 2007, to remain in the United States and work lawfully for at least two years, so long as they have no significant criminal record and have graduated high school or college or received a degree equivalent. It does not confer any path to permanent legal status and requires renewal every two years. In 2017, the Trump administration attempted to end DACA, but this action was challenged in court. In June 2020, the Supreme Court ruled that the administration’s attempt to terminate the program was unlawful. The Trump administration subsequently tried to impose new limits on DACA, but this action was also challenged in court and a federal judge in New York ordered the administration to set aside the newly imposed limits. Separately, a federal judge in Texas ruled that DACA was unlawful and that no new, first-time applications should be accepted. In January 2021, President Biden issued a memorandum reaffirming the federal government’s commitment to DACA and pledging to appeal the Texas ruling.

Humanitarian parole allows certain individuals to enter the United States, even though they may not meet the definition of a refugee and may not be eligible to immigrate through other channels. Parolees may be admitted temporarily for urgent humanitarian reasons or significant public benefit.

VII. U.S. Citizenship

In order to qualify for U.S. citizenship through naturalization, an individual must have had LPR status (a green card) for at least five years (or three years if he or she obtained the green card through a U.S.-citizen spouse or through the Violence Against Women Act, VAWA). There are other exceptions including, but not limited to, members of the U.S. military who serve in a time of war or declared hostilities. Applicants for U.S. citizenship must be at least 18 years old, demonstrate continuous residency, demonstrate “good moral character,” pass English and U.S. history and civics exams (with certain exceptions), and pay an application fee, among other requirements.

Immigration Considerations

The focus of this chapter is primarily to describe work visas for immigrants. These visas are divided into two main categories, temporary and permanent2. Although there is another classification of visas called exchange visas, they are generally also considered as part of the temporary visas. Another more common term for the general classification is immigrant and non-immigrant work visas.

The United States is a country with protected borders. US immigration laws obtain their legality from this situation. Immigration to United States has no parallel in the modern history of the world. United States is a land of Immigrants and opportunities, which means that the opportunities are not only for its citizens, but for all those who want to come here legally and try to fulfill their American dreams. Anyone in the world can come to the United States, provided they receive permission from the United States government. After living here for a required number of years, they can go through the legal immigration process and become a United States citizen and thereby enjoy the same rights and privileges enjoyed by those citizens who were born within the Country3. A person who wants to enter the United States needs a visa4, which is “an official mark or stamp on a passport that allows someone to enter or leave a country usually for a particular reason”5. Generally, United States Citizens who were born outside the US and became citizens through a specific immigration process are called Naturalized Citizens6, because they became citizens, not by birth within the United States, but by becoming citizens through a process of naturalization.

Foreigners can enter United States legally, either as immigrants or nonimmigrants. When they enter as immigrants, generally their rights to live and work are almost similar to those of the United States Citizens and Permanent Residents. On the other hand, when someone enters United States as a non-immigrant, they have very limited rights regarding living and working within the US. Every year, thousands of foreign workers enter United States to work. Some enter the US as permanent workers7, while others enter as temporary workers8. The distinction between the two, to a large extent, is based on the needs and requirements of the employers who sponsor them. There are different kinds of visas available for this purpose. These visas are classified into different categories, which will be discussed below. The main differences between the categories are based on the unique requirements and restrictions associated with each. Therefore, a prospective employer needs to be well aware of certain basic details regarding each visa, preferably with the help of an immigration attorney, in order to know which kind of visa will be more compatible with his needs.

For example, if an employer wants to hire a computer programmer from South Africa, and he needs the computer programmer to work for him for a couple of years, his best option generally would be the “specialty occupation worker”9 visa, in other words an H1B Visa. To qualify for this visa, the applicant must have an educational degree and/or work experience equivalent to a US bachelor’s degree in the field which is related to that specific job for which the applicant is applying; which, in this example would be the field of computer sciences. This visa is usually valid for three years, and can be extended only once by the employer for an additional three years. After working for six years, the term of the visa ends and the foreign worker must leave the country. During the employment period, if the foreign worker quits or is dismissed from him his job, he will lose his nonimmigrant legal status because his status is dependent on the terms and conditions of the specific H1B Visa. In other words, if there is no job, then there is no legal nonimmigrant status. However, if another employer files a new H1B for him, and it is approved, then he can legally stay in the US but must work for the new employer with different terms and conditions. There are many visas similar to H1B, which come packaged with similar conditions and restrictions. For certain visas, there is a yearly cap, which means that only a certain number of visas are available during each fiscal year, which starts on October 1st and ends on September 30th. For example, the yearly cap for H1B is 65,00010. But there can be an exception, if the applicant has a master’s degree, not just the required bachelor’s degree, then another 20,000 H1B visas are available, but it must be remembered that H1B is a nonimmigrant visa.

If a US business wants to hire a foreign worker, then they have to be very clear and specific regarding their own wants and needs in order to prove to the Immigration Department the necessity of hiring a foreign worker. If they can’t prove this necessity to the Immigration Department, it is likely the visa will not be approved. Businesses usually hire foreign workers when they are growing or when they need someone with a specific skill, which may be hard to find within the existing US labor pool. Some of the most basic questions for a prospective employer before they can start the process of hiring a foreign worker are as follows:

 

What kind of work is required of the foreign worker?
What special skills and qualifications are required for that work?
Can the employer not find a local worker with the same skills and or experience?

 

 

How soon does the employer need the foreign worker to start working?
For how long will the foreign worker work for the employer?

 

There are many options and routes available for an employer who wants to hire a foreign worker. Based on the answers to the above questions, he can decide which route to take, preferably after consulting an immigration attorney. It’s very important for a prospective employer of a foreign worker to have a basic understanding of different work visas and the related conditions. Immigration is a very technical and complicated process. Sometimes an employer, while doing research regarding the different immigration options available for hiring and bringing in a foreign worker from outside the US, may seem to think that the process is simple and straight forward. This kind of thinking will usually encourage a business owner to proceed with the immigration process on his own, without hiring an immigration attorney. This can be huge mistake. The result can be the denial of an immigration application, and it may take much more time and money to complete the process, provided that the process is still possible. It can even be a bigger loss, if the business requirements of the employer are such that it needs the foreign worker to start working as soon as possible.

For example, an entrepreneur wants to open a specialty Indian restaurant, needs a highly skilled Indian chef for the restaurant, and decides to take care of the immigration paperwork himself. He may end up in a long and costly process of bringing in the chef. As a worst case scenario, the application may get denied, which means no chef and no restaurant, unless the entrepreneur can find someone locally. In other words, it’s back to square one. Another easier option available for the Entrepreneur is to hire an Indian chef from a country with which US may have signed a treaty such as NAFTA (North American Free Trade Agreement), making the movement of skilled workforce easier between the two countries. Canada is a perfect example for this case, but that may not solve the problem, because it may be hard to find a Canadian Chef who is skilled in Indian cooking and is willing to move to the US and accept the salary package offered for that specific job by the entrepreneur.

 

This means that even the backup plan may fall flat. If the entrepreneur decides to hire someone who is already in the US and is either out of his legal immigration status, or still has his legal immigration status, but no work authorization, the entrepreneur may end up in violation of Federal Immigration Laws. Had the entrepreneur hired an immigration attorney in the first place, most likely, the situation would have been much better for him.

Some of the most common types of nonimmigrant visas are listed below:

H1A Registered nurses for temporary employment

H1B Persons in specialty occupations that require a college or advanced degree; artists, entertainers, athletes and fashion models of distinguished merit and ability (may include persons assisting in their performances)

H2A Temporary or seasonal agricultural workers

H2B Persons filling temporary jobs that cannot be filled by US citizens or residents

H3 Professional job trainees in an American company or in the US office of a foreign Company

I Representatives of foreign information media, representatives of a foreign tourist bureau, or film crew members holding professional journalism credentials and intending to work on news or non-commercial documentaries

L Managers or executives of multinational corporations, transferred to the company’s US office, that have a minimum of one year experience with the company

Persons of sustained national or international acclaim in the sciences, arts, education, business or athletics, coming to the US to work or perform in their field of achievement

Entertainers and athletes coming for specific competitions or performances, or who are participating in a reciprocal exchange program between the US and their country, this also includes those performing in culturally unique programs

Participants in an international cultural exchange program for the purpose of explaining or sharing their country’s culture

Member of a religious denomination having a bona fide nonprofit, religious organization in the United States

TN Professional workers from Canada or Mexico11

There are many nonimmigrant visa categories, which allow the visa status holder to apply for an employment authorization document. These visas include, but are not limited to, visas such as F113, V114 and J215. These kinds of visas are not generally based on employment, but they give permission to work, which means no specific employer and no specific job. As long as the visa holder has an unexpired Employment Authorization card, he can work almost anywhere. There are some restrictions, such as an employment authorization for foreign students in the US. For example, if school is in session and the student is on an F1 student visa, he can only work for 20 hours or less during that time, and If he works more, then he will be in violation of the immigration laws. If an employer wants to hire someone who lives in United States, and is not a US citizen or permanent resident, then before hiring him, the employer must check his Employment Authorization card. If the card is valid and unexpired, then the employer can hire him.

Employment Authorization Document or an EAD16 is the most important proof of permission to work granted by the United States government. The employment authorization document must be checked by the employer before hiring a worker. Generally, an EAD is granted for one year. There are three broad categories of non-nonimmigrant workers who can qualify for this card, and they can apply for it by submitting the form I-76517, which is available for downloading at the United States Citizenship and Immigration Services official website.

The form is not only used for a new EAD, but is also used to replace a lost EAD, and also to renew an expired EAD.

The three categories of qualifying workers are listed below:

A worker may have authorization to work in the United States as a result of his nonimmigrant status.
A worker may have authorization to work for a specific employer as a result of his nonimmigrant status.
A worker may be in a category which requires him to file for permission to work.18

There are approximately 140,000 immigrant visas available every fiscal year for foreign workers and their spouses and children.19 If an employer wants to hire a foreign worker for a longer period of time, without the restrictions and conditions of a visa such as an H1B, then he can sponsor the foreign worker as a permanent worker, by filing a petition for him with the Immigration Department. In some cases, before an employer can file the petition, he must get the approval of the Labor Department, by obtaining an approved labor certification. This provides verification that the hiring of the foreign worker will not adversely affect the wages and working conditions of similarly employed

U.S. workers, and that U.S. workers willing to work or qualified to work that specific job, are not readily available.

The Immigrant Visas listed below are classified into five categories, based on their level of preference.

First Preference EB-1:20 This preference is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers.

Second Preference EB-2:21 This preference is reserved for persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business.

Third Preference EB-3:22 This preference is reserved for professionals, skilled workers, and other workers.

Fourth Preference EB-4:23 This preference is reserved for “special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens.

Fifth Preference EB-5:24 This preference is reserved for business investors who invest $1 million or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers.

Immigration is a highly technical and complicated process. It is true that almost all the relevant information is available at the Department of Homeland Security website for Immigration (USCIS.GOV), and the plain language of the relevant laws and procedures, may make the whole process of hiring a foreign worker seem very simple, easy and straight forward. However, it is strongly recommended that the business hire an immigration attorney to take care of this process. Any mistake during the immigration process can be costly as well as time consuming and frustrating.

A business must have clear answers to some of the questions asked at the beginning of this chapter. If a business is not sure about its wants and needs regarding a foreign worker, they may end up opting for the wrong kind of immigration status for the worker, especially, if they are doing the immigration paperwork without the help of an immigration attorney.

All lawyers are not equal, so it’s always better to do some research before hiring a specific attorney. A good attorney may cost a little more than others, but more experience and a better work ethic will be of great help during the immigration process. It does not mean that any attorney who is charging less for the same amount of work will be less competent, but the difference between the attorney fees, may be due to the location and the kind of cases the attorney deals with. It is always a safe bet to do the relevant research and then make the right decisions.

Utah State Immigration Laws

Understanding the complexities of immigration law is challenging and overwhelming. Each state may have different rules about the rights and responsibilities of immigrants. It is crucial to learn about your rights under immigration law. This applies to those processing their legal immigration to the United States.

Below are some of the topics in this article:

Law Enforcement and Immigration in Utah

In 2001, Utah enacted a law mandating police check the immigration status of anyone arrested for specific misdemeanors or felonies. Officers can also verify the status if they reasonably suspect someone is in the U.S. illegally. The American Civil Liberties Union (ACLU) challenged the law in federal district court and won. So, the law no longer stands.

Yet, federal laws may still regulate the enforcement of immigration laws at the state level. For instance, some programs require collaboration between federal and state law enforcement agencies. One of these programs is the Criminal Apprehension Program (CAP) by the U.S. Immigration and Customs and Enforcement (ICE). Its mission is to protect the country by arresting, identifying, and removing those threatening U.S. communities’ national security and safety.

The Enforcement and Removal Operations (ERO) manages CAP and its initiatives as part of its mission. In particular, ERO investigates, arrests, prosecutes, and removes noncitizens illegally in the country. They also ensure that the state complies with the immigration enforcement processes.

Cooperation between the federal and local law enforcement agencies is crucial in managing these programs. The federal government also has agencies that work as a centralized body for matters related to immigration laws. Below are some of these government agencies:

These federal agencies work hand in hand in enforcing and managing immigration laws. They also secure U.S. borders and ensure the nation is free from threats.

Employment and Professional Licensing

In April 2023, a new law opened the door for immigrants with professional training and licensing from other countries to get licensed in Utah. The bill, called Reciprocal Professional Licensing, became law. This allows nine departments in Utah to issue licenses to immigrants. The law allows people from other countries and states to prove they have the necessary experience and skills to get a license.

In December 2019, the Utah Supreme Court ruled that Deferred Action for Childhood Arrivals (DACA) recipients are eligible for admission to the Utah State Bar. But they should meet all requirements for admission.

In March 2015, the Utah Senate signed Senate Bill 131 into law. This law allows occupational therapists to get licenses if they have a license in another state or foreign country and have passed the board exam.

Utah E-Verify Requirements

The USCIS created E-Verify to check the employment eligibility of immigrants in the country. It is an online database that contains information on people’s immigration status. Employers may use it to verify the employment eligibility of newly hired employees. The DHS administered the program in collaboration with the Social Security Administration.

Starting May 4, 2022, employers with 150 or more employees must register with the E-Verify system. They can hire new employees only if they verify the person’s legal working status.

Driver’s License/ID Requirements

Immigrants without proper documentation in Utah may get driving privileges. Senate Bill 227, signed into law on March 8, 2005, made it possible. The bill allows residents without proper documentation to get a driving privilege card. This is possible if the person has no Social Security number (SSN). But, applicants must submit documents that show proof of their identity and residency in Utah. They must also do fingerprinting. The fingerprinting will check against the state, local, and regional criminal records. They must also renew the driving privilege yearly.

Utah also allows DACA recipients to get a driver’s license or state identification card.

Public Benefits Restrictions

Federal law bars immigrants without proper documentation from getting most public benefits. But, they can get emergency services, health care, and other programs “necessary to protect life and safety.”

Education Checks

Eligible people without proper documentation, including DACA recipients, may access Utah’s in-state tuition and financial aid. House Bill 144 made this possible, which took effect on March 26, 2002. But, the students should meet specific requirements. The student should have:

  • Attended high school in Utah for three years or more
  • Graduated from a high school in Utah or received an equivalent of a high school diploma before the school term
  • Have not registered for classes before the 2002-2003 academic year
  • Submitted an affidavit stating that the student will file an application for legal immigration status or is willing to apply whenever eligible

Then, on March 30, 2020, Senate Bill 111 reaffirmed this rule that students without documentation can pay in-state tuition in Utah. They must file an affidavit with the school stating that they applied for legal immigration or will apply as soon as possible.

Housing Ordinances and Immigration

Utah adopted the Fair Housing Act (FHA) that protects people from discriminatory housing practices. But, the Department of Housing and Urban Development (HUD) policies in the state impact the eligibility of DACA recipients to get mortgages.

Utah adopted the FHA policy, which states that non-U.S. citizens without legal residency are not eligible to apply for FHA-insured loans.

Related Resources

There are for-profit and nonprofit organizations that help immigrants in Utah. The following are some of these organizations:

  • Holy Cross Ministries — This organization helps immigrants gain legal immigration status in the United States. The organization recognizes the need for low-income migrants in Utah. It offers no-cost or low-cost immigration services such as legal consultation, family reunification programs, citizenship and naturalization services, and more. It also provides orientation and counseling services in its Salt Lake City office.
  • Catholic Community Services of Utah — Migration and Refugee Services — This organization gives Utah immigration services and help to immigrants and their families. It also offers a broad range of legal assistance, such as adjustment of status, processing employment authorization, family-based petitions, asylum applications, and more.
  • International Rescue Committee (Salt Lake City Office) — This committee responds to humanitarian crises and helps people build their lives through various services and programs.

Learn More About Your Rights: Talk to an Immigration Attorney

Navigating the complex rules of immigration law is overwhelming. Some rules apply to one state but not the other. Federal laws and regulations may also affect its application. Due to these complexities in the immigration system, we recommend you consult an immigration attorney.

Immigration attorneys can help you understand the immigration program. They can offer legal services tailored to your case. They can also help you get legal status. For those who are facing deportation or removal proceedings, immigration attorneys can also give you legal representation in immigration court.

Criminal Confession: Why You Should Call an Attorney First

The term ‘criminal confession’ may conjure up images of the scruffy person in a mugshot looking guilty or the drunk with bloodshot eyes, maybe the belligerent mugger, but seldom would a person think it could pertain to anyone they know. The fact of the matter is, you could find yourself in a situation where you are being charged with a criminal offense. If you ever do, here are the reasons you should call an attorney before you make any confessions.

You Have the Right to Remain Silent . . .

You have heard it time and again on crime shows, “You have the right to remain silent.” And if you are wise, you will use that right. The Fifth Amendment of the Constitution of the United States gives you the right to not incriminate yourself. This privilege allows you to refuse to answer any questions or say anything that may incriminate you.

First-time offenders, people under the influence, or people with mental incapacitation may want to talk out of fear of the circumstances in which they find themselves. Law enforcement officers can be very intimidating, and they have tactics to make people talk, but you have the right to remain silent.

Anything You Say . . .

This is the prime reason for getting a lawyer before you speak. “Anything you say can and will be used against you in a court of law.” Without knowing it, you can incriminate yourself with only a few words. Ask for a lawyer and speak with him or her before you confess to anything. Your Miranda Rights give you the opportunity to have a lawyer with you before you answer any questions.

Your lawyer is a guide who helps you understand your rights under the law. The lawyer will also explain what can happen when or if you choose to waive those rights. It can be challenging to be silent until your lawyer arrives, but it is in your best interest to keep quiet, even though tactics may be used against you to make you talk.

Criminal Confession Can Be Coerced

Illegal interrogations do take place from time to time. Boundaries get crossed and lies can be told to make you think you need to make a confession. Some threats are legal, and others are not. If a law enforcement officer uses tactics against you that compromise your free will and you confess to a crime, that criminal confession is considered involuntary.

Denying you food, water, or the opportunity to use the restroom are considered improper and, as such, a confession obtained under such circumstances may not be used in court. So is denying you the opportunity to speak with a lawyer.

5 Essential Tips On Your Path To Becoming A Lawyer

Lawyer signing documents

The road to becoming a lawyer is a long and difficult one, however, it is also an achievement that only the best talents can attain. The fact that you are even thinking about it shows that you have the determination and desire to succeed. Despite the difficulties, it is also a profession that will bring incredible job satisfaction and financial reward. If this sounds like your dream career path, here are five essential tips to reach your goals and become a lawyer.

1. Shine During High School

Excelling during high school not only can put you ahead of your competition when it comes to applying for colleges, but it also puts you in the correct frame of mind to pursue a career in law. You are going to have to work hard, so start working hard early. Get involved in extracurricular activities and take part in other activities that involve debating and meeting people as your personal skills will be key once you leave college.

2. Consider Participating In A Clerkship

A clerkship can give you the opportunity to work for a law firm over the summer or part-time. This will give you essential experience and law firms will look favourably upon this attribute on your résumé. There is also the possibility that the law firm that is providing you with the clerkship may take you on once you graduate from law school. If you are struggling financially and need extra funds to help you with living costs during an internship or clerkship, you can consider personal loans from private lenders. Doing so will keep you financially stable until you start to make money.

3. Get Involved In College

Like with high school, you should be getting involved as much as possible while at college. If there are positions of responsibility available you should be applying for them. Take extra classes if you need them and try to foster good relationships with your professors, as it will be them who are writing your reference for law school. If you can find work experience, this will help you even more as it shows your willingness to put yourself out there and start learning early.

4. Don’t Get In Trouble With The Law

It might seem obvious, but it is worth emphasising that you should not get in trouble with the law as it could prevent you from having a career in law. Bar Associations usually put candidates through a moral screening process and any involvement with the law will not look good. The number one rule of becoming a lawyer is to stay out of trouble.

5. Network

Your network can never be big enough, especially in an industry as competitive as law. Start networking early and never miss the opportunity to do so when you are at college or completing an internship or clerkship. The main importance of networking is your connections as they could provide you with opportunities that will completely change the course of your career. Networking works both ways and, to maintain your network, you will need to be prepared to help others when they are in need. A good network will also be able to provide you with advice and support during your journey.

3 Things To Consider When Starting Your Own Law Firm

Once many lawyers graduate from law school, they go and work for an established firm of some kind. This allows them to gain experience and work with those who can help show them the ropes. But eventually, with enough experience or clients, you may want to venture off on your own.

While starting your own firm can be a very profitable decision, it also takes a lot of hard work and dedication. But before you even lay the groundwork involved with starting your own firm, there are some things you need to ask yourself. If you don’t, you might find yourself vastly underprepared.

With that in mind, let’s go over a few considerations to make when starting your own law firm.

How Will You Stand Out Above the Competition?

Perhaps the first thing to think about is how you are going to rise above the competition. No matter where you are practicing law, you will have other firms or lawyers vying for the same clients. You need to find some creative and/or proven ways to separate yourself from the pack.

For example, this guide on law firm SEO (search engine optimization) can help you rank above your competitors to ensure you are the first option people see when people search for a lawyer in their city. Also, having a great website and social media presence can help set you apart, too. You need to market yourself well, maintain your professionalism and show potential clients why you are the right choice for them.

The Costs Involved With Starting the Firm

You also need to consider the costs of going off on your own. There are many different costs involved with starting your own firm. These include getting an office, paying for marketing, buying equipment, making a website, paying staff and many others. If you don’t think about these beforehand, they can sneak up on you and end up costing more than you would have imagined.

As for how much it will cost, that can depend. It depends on how large your office is, where it is located, how many people you plan to hire and how you market. In most cases, you should expect to spend a few thousand dollars minimum to get the business off the ground. Of course, do some independent research to find a more accurate number for your area.

Whatever your costs are, be sure you either have enough yourself, or are able to secure a fair loan to be able to get you what you need.

What Will Your Area of Practice Be?

You also need to decide on an area of practice. There are several different areas of legal practice that range from family law, to corporate law, to criminal law and many others. While you might be tempted to be a “jack of all trades” type of firm, this isn’t always the best idea.

When someone is looking for a lawyer, they are looking for someone who is a specialist. If you claim to be good at everything, many people may look for someone who solely focuses on what they need assistance with. So be sure to examine your strengths and experience, and choose an area that lines up well with them. A clearly defined practice area can help you build credibility quickly and you will often have an easier time finding clients.

In conclusion, we hope that this article has been able to help you see what you will need to consider when starting your own law firm.

Immigration Interview Questions You Need to Know

Immigration Interview Questions You Need to Know

American flag hanging on a building

Obtaining a Green Card is neither quick nor easy.  If you are like most people, you will be very excited when your interview notice finally arrives.  At the same time, you may feel anxious about your upcoming interview.   While not all Green Card interviews are the same, they usually follow a general format.  Being well prepared for your interview will give you peace of mind and increase the likelihood of a successful outcome.

When you receive your interview notice, it is crucial that you read it carefully as it will direct you exactly WHEN (date and time) and WHERE (location) your interview will take place. The interview notice will often include a general list of documents that might not always apply to you completely. It’s recommended to bring the original document of every copy you submitted in your application. You will be instructed to bring an interpreter if you do not speak English fluently.

Need help with your immigration situation? Brudner Law is ready to take your case.

Preparing for Your Immigration Interview

As we mentioned above, coming prepared for your interview is very important. If you come organized and prepared you will likely feel more comfortable on the day of the interview.  Here are some general tips:

We always recommend to our clients to visit the USCIS field office where your interview will take place prior to the day of the interview (preferably at the same time of day). Make sure you know where the building is, how long it takes to get there, parking, security, and so on.

  • Dress business professional. No need for a suit and tie, but it is best to dress professional, respectful and comfortable.
  • Get there early (but not that early!)- We always recommend arriving at your interview at least 45 minutes before your scheduled time. Due to Covid-19, most USCIS field office will not let you actually enter the building more than 15 minutes before your scheduled time, however- it’s better to get there early and wait outside the building than to be late.
  • Read your applications and be familiar with all the questions and answers on them- you will be asked questions from your applications, it helps to prepare and review them.
  • Organize all required documents in a binder with dividers for easy access during your interview – It reduces stress levels when you can easily find and access a document you are asked to provide the officer with.
  • Consider scheduling a prep session- If you do not have an attorney representing you- you should consider scheduling an interview prep session with an immigration attorney. An experienced attorney can review your applications and supporting documentation, conduct a mock interview and really prepare you for what to expect at your interview.

Common Immigration Interview Questions in 2021

Aside from organizing your documents, knowing what sort of questions you can expect to be asked will help you prepare for your interview.  Answer all questions fully, succinctly, and truthfully, but do not volunteer information unless asked.  If you’re unsure of the answer or do not understand a question, you should always say so rather than guess.

Greetings

The interview will start with the USCIS officer greeting you and introducing themselves.  You should do likewise.  They might ask, “How are you?” or something similar.  Many will make small talk, such as commenting about the weather.  Most people report that their USCIS interviewer was friendly, but there are exceptions.  The officer will explain the purpose of the interview.

The Oath

Before going to your interview, be aware that you will be asked to swear an oath. When instructed, raise your right hand and wait until instructed to say the following: “Do you swear to tell the truth, the whole truth and nothing but the truth?”  You might be asked if you understand what an oath is.  It is essential to know that lying under oath is a crime and can make you ineligible to receive a Green Card.

Related: About Brudner Law

Personal information

You can expect questions asking basic personal information such as:

  • What is your full name?
  • When is your birthday?
  • Where were you born?
  • What is your race?
  • Are you Hispanic or Latino?
  • What is your current address?
  • What is your phone number?

Should you apply for a marriage-based Green Card, expect to be asked these questions about your spouse, too.

Physical information

It might seem strange to be asked questions about your physical appearance when your interviewer can easily see you.  Nonetheless, you might be asked questions such as:

  • How tall are you?
  • What color are your eyes?
  • What color is your hair?
  • What is your weight? (Don’t lie, though it might be tempting!)

Family history

Be prepared to answer questions about your family.  Should you apply for a marriage-based Green Card, there might also be questions about your spouse’s family.  Typical questions include:

  • What is your mother’s maiden name?
  • -in-law or father-in-law’s first name?
  • Is your mother or father a U.S. citizen?
  • How many children do you have?
  • Where were your children born?
  • Is your child your biological, adopted, or your spouse’s?

Related: Do You Need an Attorney at Your Green Card Interview?

Relationship history

When applying for a marriage-based Green Card expect questions, some of which might ask about small details or be quite probing, about your relationship with your spouse.  You and your spouse might even be questioned separately.  Relationship questions for other types of Green Cards are usually more basic.  Officers can ask a vast range of questions, but here are some examples:

  • How, where, and when did you meet your spouse?
  • Where did your first date take place?
  • How long did were you with your spouse before getting married?
  • When and where were you married?
  • Did you go on a honeymoon? If yes, where did you go?
  • What is your spouse’s current job?
  • What do your parents think about your spouse?

Military Information

You could be asked questions about any military service, either in the U.S. military or another country:

  • Have you ever served in the United States military?
  • When did you register with the Selective Service? (if you are male)
  • What rank did you hold when you served in the military of [name of your home country]?

Immigration status

Your interviewer will want to know your immigration history and if you have maintained legal status

  • Are you a legal resident or citizen of a foreign country? If so, which country?
  • Have you ever worked in the United States without an authorization?
  • Have you ever violated the terms and conditions of your visa?
interview

Trips

You might be asked about foreign travel.  Be aware that travel to certain countries (generally those considered hostile to the U.S., such as Iran) might trigger more scrutiny.  Have an explanation ready about the purpose of your travel.  Possible general questions include:

  • What foreign countries have you visited in the past ten years?
  • When did you last travel outside the U.S.?
  • How long was your last trip outside the U.S.?

Residential history

Make sure you know where you lived and when. While it might be hard to remember every detail, especially if you have moved around, think and answer thoroughly.  Possible questions include:

  • Where do you currently live?
  • How long have you lived there?
  • Where else have you lived during the past five years?
  • Have you moved since you submitted your application?
  • What places have you lived in since the age of sixteen?

Education and Employment

You should expect to answer quite a few questions about your education and employment if your Green Card application is employment-based.  While people with family-based applications do not usually answer as many employment-related questions, that is not always the case.  Some types of careers and jobs, such as those that appear political, might trigger more questions.  Typical questions include:

  • Where do you work?
  • Where else have you worked in the past five years?
  • What is your salary?
  • What is the name of the last school you attended?
  • What did you study at the last school you attended?

Income tax

USCIS officers often request to see tax returns, even if that is not listed on your interview notice as one of the documents you should bring.  You might be asked questions about your tax history, such as

  • Do you owe any taxes to a local, state, or federal government?
  • Have you ever failed to file a tax return when you were legally obligated?

Ethics

To be eligible for a Green Card, you must be of good moral character and uphold the laws of the U.S.  Possible questions you might be asked include:

  • Have you ever claimed to be a citizen of the United States of America?
  • Have you ever attacked, discriminated against, or denied another person’s rights based on their nationality, race, religious beliefs, orientation, or political opinion?
  • Will you obey the laws of the United States?

Related: How to Prepare for Your Green Card Interview

Affiliation with Certain Organizations

Form I-485 asks for a list of any organizations you are affiliated with, and you might be asked the same questions during your Green Card interview.  Technically, USCIS means any organization, even very innocuous ones such as the Boy Scouts.  Specifically, USCIS is looking to see if you are a member of an organization that could be considered a threat to the U.S.  Memberships in some groups, such as terrorist organizations or the Communist Party, could make you ineligible to receive a Green Card.  Typical questions include:

  • Have you ever been associated with or a member of any organization, association, fund foundation, party, club, or similar group?
  • Have you ever been associated with or a member of the Communist Party, the Nazi Party, or a terrorist organization?

Legal issues

You are required to disclose any criminal record on Form I-485, and you must bring documentation with you to your interview if you have any such history.  You might be asked questions such as:

  • Have you ever been arrested?
  • Have you ever committed a crime without being charged?

Other Questions

The USCIS officer is allowed to ask you questions about any topic, even those you might find to be overly personal, such as what method of contraception you use.  You are allowed to say if you feel a question is too personal, but be sure to decline politely, even if you find it rude.  Such questions are more typical during marriage-based Green Card interviews.  Some other unusual or personal questions you could be asked about include:

  • Was anyone drunk at your wedding reception?
  • What do you and your spouse typically argue about?
  • Where do you keep spare toilet paper?

Tips for Your Immigration Interview

(Be on time, wear nice clothing, act normal — not overly nice or uncomfortable –, be organized with your paperwork, talk to your attorney, etc.)

lawyer signing documents

How can an Immigration Attorney May Help with Your Interview?

An immigration attorney can help you prepare for your interview.  They advise you on what to expect, given your circumstances, write a letter on your behalf to bring to your interview, and even accompany you.  You should especially consider consulting an attorney if your case has any complicating factors such as visa overstays, memberships with organizations that might invite scrutiny, or a police record.  With marriage-based Green card applications, it is good to consult an attorney if there are significant differences in your ages, education level, cultures, or religion because those factors often trigger more questioning.

7 THINGS TO CONSIDER WHEN CHOOSING A CRIMINAL DEFENSE ATTORNEY

Facing criminal charges is daunting. It brings about the possibility of serving jail time. In the same vein, it can affect your reputation, tarnish your character, and put your future at risk even if you’re not convicted. With all the complexities of the criminal justice system and, pending outcomes that impact your future and your freedom, your first concern must be finding a qualified criminal defense attorney that will best represent you.

There are many factors to consider in order to land on the best criminal defense attorney. The below tips will aid in your research and help increase your chance for a favorable outcome.

1) Level of experience

Being accused of a crime is a very serious situation. You want to ensure that the attorney representing you and providing you with legal advice knows the law inside and out. Look for an attorney with experience in all courts (municipal, state, federal, superior) as sometimes jurisdictions of the courts overlap and your case may be heard in more than one court.

Equally as important as the level of expertise is success rate. There is no substitute for real-life experience, and experience without success means very little when you are facing the consequences of a crime. The best attorney has an impressive track record and verifiable success.

2) Avoid a public defender

It may be enticing to consider a public defender in order to avoid the cost of representation, but typically public defenders are inexperienced and loaded with cases. Because of this, they have very little time to address your case, answer your questions and are less likely to dedicate their attention to fight on your behalf.

3) Local connections

Having an attorney with local connections and established relationships is extremely helpful. Someone well connected will have a better understanding of local procedures, and first-hand experience with judges and prosecutors. They will know who entertains plea bargains, and which ones never consider them.

Armed with this valuable knowledge of the inner workings of the local legal scene, they’ll be more qualified to come up with a winning strategy to change the outcome of your case to the best possible one.

4) Board certification

Board certified criminal defense attorneys are the “best of the best”. You’ll be assured that your lawyer is proficient in the specialty legal field in which you have a legal need. Specializing in criminal defense, having a significant amount of jury trials, and an excellent reputation with judges and prosecutors increases the likelihood of a successful and aggressive defense.

5) In person interview

Researching websites, social media, reviews and testimonials of potential attorneys can provide useful information but nothing beats face-to-face. Take advantage of the free consultation most offer so you can form a personal impression, gauge whether or not the lawyer makes you feel comfortable, and get a sense if they are empathetic to your situation.

Don’t be afraid to ask questions and check reviews, ratings, and references. Are they a trusted advisor you feel comfortable around and are you able to speak candidly with them? This is the time they will reveal their willingness to fight hard for you.

6) Accessible and available

Time is of the essence — time lost can mean case lost. Make sure your attorney is available not only to take your initial call, but promptly responds to your inquiries. An accessible and available attorney will arrange initial and subsequent meetings as soon as possible.

7) Fees

An attorney with the lowest fees is not always your best choice. Remember the old adage “you get what you pay for” – it is no different when it comes to legal representation. Subsequently, the highest fees aren’t necessarily in your best interest either. Generally, less experienced attorneys set lower fees, but be mindful when you come across an extremely low hourly rate.

An experienced attorney with a higher hourly rate may be able to resolve a case quicker and more suitable than a novice with a much lower hourly rate, thus being less expensive in the long run.

Bottom line

Be thorough, choose wisely. The imminent outcome and how your life will be once the case is closed depends on it. Invest the time and energy, do the homework and the research in order to select the attorney that is right for you. It is the most critical decision you’ll make, and choosing wisely makes all the difference in how your case will go and what the outcome is.

Fighting a criminal charge is not something you should leave to chance. The outcome of your case can change your entire future and it is important you get a good criminal defense lawyer to help you.