The outcome of an immigration case determines whether an individual can remain in the U.S. or face deportation. This is where the expertise of an immigration law firm becomes invaluable. This is especially true for those unfamiliar with the legal intricacies of the U.S. immigration system. Having legal representation in immigration court often makes the difference between success and failure.
The immigration system does not provide court-appointed counsel to immigrants facing deportation who are unable to afford an attorney. As a result, Immigrants with limited English proficiency are forced to argue their cases in court without legal representation. In their hearings, they face adversarial government attorneys representing one of the best-resourced federal agencies, U.S. Immigration and Customs Enforcement. Not surprisingly, individuals with counsel are more likely to pursue relief from deportation and win their cases.
Having an immigration attorney by your side can significantly increase your chances of success. Attorneys help gather the necessary documentation and present a compelling case on your behalf. This is particularly important for vulnerable populations, such as unaccompanied children and detained immigrants. At Queens Immigration Attorney, we help you understand your rights and options.
Key Statistics:
- Only 37% of all immigrants in court have immigration attorneys on their side.
- Immigrants with attorneys are 5 times more likely to pursue relief from deportation.
- Cases wait an average of 678 days for their day in court.
- The backlog of deportation cases reached 3.7 million as of February 2025. This represents a 7% increase from the previous year.
- The number of immigrants represented by counsel has increased over the past 10 years.
- Legal counsel greatly helps immigrants receive meaningful hearings.
The Financial Risks of Not Hiring an Immigration Law Firm
Cost is a major concern for many immigration applicants. While hiring an attorney involves upfront fees, not having legal representation can lead to hidden financial risks. Let’s delve into some of these risks;
The Cost of Reapplication
One of the most significant financial risks of not hiring an attorney is the cost of reapplication. If your initial application is denied due to procedural errors or lack of evidence, you may need to reapply. This will incur additional fees.
The denial rate for various immigration applications highlights the importance of accurate and complete submissions. In 2019, USCIS denied hundreds of thousands of immigration applications. This included 96,965 citizenship denials, 73,118 family-based visa denials, and 44,327 green card renewal denials.
Reapplication not only involves paying the filing fees again but also the cost of gathering and submitting additional documentation. This process can be time-consuming and stressful, especially if you are unfamiliar with the requirements. Legal representation from an immigration law firm can help avoid these pitfalls. Attorneys can identify potential issues and address them before submission, reducing the likelihood of denial and the need for reapplication.
Lost Income from Delays
Delays in the immigration process can result in lost income, particularly for those seeking work visas or employment authorization. The impact of delays on income is particularly pronounced for those in employment-based visa categories. For instance, the approval rate for EB-2 National Interest Waiver (NIW) petitions dropped significantly in FY 2023. From 79.99% to just 43.31% in FY 2024. Attorneys can help check that your application is complete and accurate.
Upfront Attorney Fees vs. Downstream Losses
The upfront cost of hiring an attorney may seem high. However, it is often outweighed by the potential downstream losses from delays and reapplication fees. For example, the cost of reapplying for a green card can exceed the cost of hiring an attorney. This is especially true when considering the lost income from delays.
The hidden financial risks of not hiring an immigration attorney can be substantial. Reapplication fees and lost income from delays can quickly add up. Making the upfront cost of hiring an attorney a worthwhile investment. If you are facing an immigration issue, don’t hesitate to seek the help of a qualified immigration law firm.
Before you file anything, read this: 5 key reasons to get legal help in NYC.
How Immigration Attorneys Build Stronger Narratives or Evidence Portfolios
Many visa or relief applications hinge not just on documentation but on storytelling and evidence framing. Immigration attorneys build stronger narratives or evidence portfolios in discretionary cases such as asylum or waivers. Let’s explore the methods attorneys use to build compelling stories and the role of supporting evidence.
What is a Strong Narrative?
In discretionary cases, a compelling narrative can make the difference between approval and denial. For example, asylum seekers must demonstrate a well-founded fear of persecution. This requires a detailed and credible personal story. The narrative must be consistent, coherent, and supported by evidence.
A strong narrative helps the adjudicator understand the applicant’s experiences. As well as the risks they face if returned to their home country. This is particularly important in cases where the applicant’s life or safety is at stake. A well-crafted narrative tells the applicant’s story and connects it to the legal criteria for asylum or waivers.
It must address the specific grounds for relief, such as race, religion, nationality, and political opinion. The narrative should explain how the applicant’s experiences fit within these categories and why they qualify for protection. This requires a deep understanding of immigration law. And the ability to present complex information clearly and compellingly.
Building Strong Narratives
Attorneys assist in drafting detailed affidavits that provide a comprehensive account of the applicant’s experiences. These affidavits must be thorough and precise, covering all relevant details and addressing any potential inconsistencies. Attorneys work closely with applicants, presenting their stories accurately and effectively. This involves multiple drafts and revisions to refine the narrative so it meets the legal requirements.
They also gather supporting evidence to corroborate the applicant’s story. This evidence can include medical records, police reports, and witness statements. For example, an asylum seeker may need to provide medical records documenting injuries sustained during persecution. Or a police report detailing threats or attacks. Witness statements from family members, friends, or colleagues can also support the applicant’s claims.
Supporting Evidence
Supporting evidence is critical in discretionary cases. Country conditions reports are an essential component of supporting evidence. These reports provide information about the general conditions in the applicant’s country. This includes human rights abuses, political instability, and other factors that may contribute to persecution.
Attorneys use these reports to contextualize the applicant’s story and demonstrate that their fear of persecution is well-founded. For example, a country’s conditions report may document widespread violence against a particular ethnic group. Supporting an asylum seeker’s claim of persecution based on race.
Do Immigration Cases Fail When an Immigration Law Firm is not Involved?
Immigration cases are full of procedural complexities that can trip up even the most diligent applicants. Without experienced legal representation, the risk of procedural errors increases significantly.
The Prevalence of Procedural Errors
Procedural errors are a leading cause of immigration case failures. These errors can range from missing documents to incorrect form submissions. Only 37% of all immigrants and 14% of detained immigrants go to court with attorneys on their side. According to a study by the American Immigration Council.
This lack of representation often leads to procedural mistakes that could have been avoided with professional help. In recent times, the rate of representation has been affected. This may be due to the rapid increase in the number of people put into the deportation pipeline.
Common Types of Procedural Errors:
- Incomplete applications are a common procedural error.
- Incorrect form submissions are another frequent mistake.
- Missed deadlines are also a significant issue.
- Lack of supporting evidence is another common error.
- Lastly, improper filing fees can halt your application process.
Hiring an immigration law firm can mitigate these risks, so your case is handled correctly and efficiently.
Do Immigration Attorneys Speed Up Case Resolution or Approval?
Time is often a critical factor in immigration decisions. In many situations, timely case resolution is important. There are various ways an immigration law firm can help speed up the legal process.
The Importance of Timely Case Resolution
Delays in immigration cases can have severe consequences. Family members may remain separated for extended periods, or job opportunities may be lost. Timely resolution of immigration cases is essential for the individuals involved and for the efficiency of the immigration system.
The U.S. immigration court system is run by the Executive Office of Immigration Review (EOIR). It aims to adjudicate immigration cases fairly, expeditiously, and uniformly. However, systemic failures and an outdated immigration system have led to a large backlog of cases waiting to be adjudicated.
How Attorneys Expedite the Process
Immigration attorneys are crucial in expediting the resolution of immigration cases. Their accuracy reduces the likelihood of delays caused by procedural errors. Legal representation also promotes proactive communication with immigration authorities. Attorneys can develop a strategic plan to avoid common pitfalls and delays, further expediting the process.
Attorneys can also file requests for expedited processing in cases of urgent need. For example, they can highlight severe financial loss, emergencies, or urgent humanitarian reasons to justify expedited processing.
Understanding RFEs and NOIDs
RFEs and NOIDs are common in immigration cases. An RFE is issued when USCIS needs additional information to make a decision. A NOID indicates that USCIS intends to deny the application unless more evidence is provided. The complexity of RFEs and NOIDs lies in their detailed requirements.
An RFE may request specific documents, such as financial records, employment verification, or proof of relationship. A NOID may highlight deficiencies in the application. The stakes are high, as failing to respond adequately can result in the denial of the application. Attorneys can quickly analyze the RFE or NOID, determine the best course of action, and gather the required evidence.
Handling Sudden Policy Changes
Immigration policies can change rapidly, impacting ongoing cases. Attorneys stay updated on these changes and can adjust their strategies accordingly. Sudden policy changes can create uncertainty and confusion for individuals handling the immigration process. Attorneys can help mitigate this uncertainty by providing clear guidance on how new policies impact their clients’ cases.
For example, a new policy may affect the eligibility criteria for a particular visa category. An attorney can advise their client on alternative options or strategies to meet the new requirements.
Unlock Your American Dream with a Trusted Immigration Law Firm!
Are you seeking asylum, reuniting with loved ones, or pursuing a work visa? Having a dedicated immigration law firm by your side can transform your journey. Imagine the peace of mind that comes with knowing that experienced attorneys are handling your case. Checking that every detail is meticulously managed and every deadline is met.
With professional legal guidance from a Queens Immigration Attorney, you can avoid costly reapplications and reduce delays. Don’t let procedural errors or missed opportunities stand in the way of your future. Book a free consultation today!
