A US immigration attorney can make a significant difference in the success of your case. An immigration attorney brings specialized knowledge to the table. The U.S. immigration system has numerous legal requirements, deadlines, and regulations.
It all depends on the type of immigration benefit you’re seeking. For individuals applying for a visa, green card, or citizenship, the stakes are high. Local attorneys have a dual knowledge of federal laws governing immigration and a keen awareness of New York’s specific regulations.
Let’s discuss why hiring a qualified Queens immigration attorney is an investment in your future.
What Does a US Immigration Attorney Do?
An immigration attorney is a legal expert specializing in the laws and regulations governing U.S. immigration. Unlike general practitioners, immigration attorneys focus exclusively on areas like visa applications, deportation defense, and family-based immigration. This makes them invaluable resources for people dealing with complex cases.
Helping with Documentation
Immigration attorneys are experts in gathering and organizing the extensive documentation required for immigration applications. They know which documents are essential for different case types, from family visas to asylum applications.
Guidance Through Legal Procedures
Legal procedures in immigration can be intimidating without guidance. An attorney ensures you follow each step in the application process, avoiding mistakes that can lead to delays or denials.
Advising on Complex Immigration Policies
Immigration laws are often updated, with policies changing frequently. Attorneys keep current with these updates and can explain how they might impact your case.
Defending Against Deportation
For those facing deportation, an immigration attorney provides defense strategies and represents clients in immigration court.
Post-Approval Support
After an application is approved, a US immigration attorney can help with further steps. This includes; advising on maintaining lawful status and complying with residency requirements for naturalization.
Explore the top qualities of immigration attorneys to see what sets the best apart!
The Public Charge Rule and Its Implications
The “public charge” rule is a longstanding principle in U.S. immigration law. It affects non-citizens applying for entry or adjusting their immigration status. In simple terms, it assesses if an individual is likely to rely primarily on government assistance for their support.
How It Affects Immigrants
A US immigration attorney can explain how the public charge rule applies to your case. Providing guidance on avoiding being classified as a public charge. This is important if you plan to apply for certain types of visas or permanent residency. If deemed a potential “public charge,” an individual’s application for a green card or visa may be denied.
Exemptions to the Public Charge Rule
Not all immigrants are subject to the public charge rule. Certain categories are exempt from this rule and are free to use public benefits without affecting their immigration status. This includes refugees, asylees, and individuals applying for U or T visas (for victims of crime and human trafficking).
An immigration attorney can identify whether you qualify for these exemptions. Helping you gather the necessary documentation to prove your status if it applies. This exemption can be crucial for vulnerable groups. Allowing them access to much-needed support without endangering their immigration cases.
Benefits That Count Toward Public Charge Determination
Under the public charge rule, only certain types of public benefits count toward a “public charge” assessment. These typically include cash-based assistance programs like Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI).
Non-cash benefits, such as Medicaid (with exceptions), housing assistance, and food programs like SNAP, are generally not counted. That is, as long as they are not the primary source of support.
An immigration attorney helps clarify which benefits might impact your application and which are safe to use. This understanding is helpful if you are facing financial difficulties and need temporary assistance but are unsure of the consequences.
Preparing Financial Documentation to Meet Public Charge Requirements
To avoid classification as a public charge, applicants often show they have sufficient financial resources or support. This can be; a stable job, a sponsor, or sufficient income and assets. This documentation is important for family-based visa applicants, who may need an affidavit of support from a family member.
A sponsor, usually a U.S. citizen or lawful permanent resident, submits an affidavit of support (Form I-864). These documents demonstrate that they can financially support the applicant if necessary.
An attorney can assist in gathering and organizing these financial documents. Ensuring they are accurate, complete, and compliant with U.S. USCIS standards.
Effects of Immigration Status on Public Benefits Eligibility
Immigrants in the United States may qualify for various public benefits. Eligibility depends heavily on factors like immigration status, state laws, and length of U.S. residency.
Let’s see how immigration status influences eligibility for some of the most common federal and state assistance programs.
Medicaid and Emergency Medicaid Eligibility
Medicaid, a program providing health coverage to low-income individuals, is often limited for immigrants depending on their status. For example, undocumented immigrants generally do not qualify for full Medicaid. They may be eligible for Emergency Medicaid, which covers urgent medical needs such as childbirth or emergency surgery.
An immigration attorney can clarify which benefits you’re eligible for based on your residency status. They’ll also ensure that applying for Emergency Medicaid won’t inadvertently harm your immigration case. Emergency services are exempt from being considered under the public charge rule.
Supplemental Nutrition Assistance Program (SNAP) and Food Assistance Eligibility
The Supplemental Nutrition Assistance Program (SNAP), was formerly known as “Food Stamps”. It provides financial assistance to help low-income individuals and families purchase food. Like Medicaid, SNAP eligibility depends on immigration status and, in some cases, the length of stay in the US.
For example, most lawful permanent residents (green card holders) must wait five years before qualifying for SNAP. That is unless they meet other specific criteria, such as being a child or disabled.
An immigration attorney can help determine if you or your household members meet these criteria. They may also determine if alternate food assistance programs are available that won’t affect your immigration status.
Section 8 Housing and Public Housing Assistance
Section 8 is a federal program that provides rental assistance to low-income individuals. It allows them to afford housing in the private market. Certain immigrants, including those with lawful permanent resident status, may be eligible for Section 8 housing. Others may not qualify or may need to meet additional requirements, such as a minimum residency period.
Public housing eligibility varies based on some factors. These factors include; status as a “qualified” immigrant (certain refugees, asylees, and those with special status).
Social Security and Disability Benefits
Social Security, which includes retirement and disability benefits, is generally only available to U.S. citizens. Along with some lawful permanent residents with a sufficient work history in the U.S. However, undocumented immigrants and other individuals without lawful permanent status are usually ineligible for these benefits.
Social Security Disability Insurance (SSDI) is a form of assistance for individuals with disabilities. It is restricted to those who meet specific residency and work requirements. An attorney can clarify if you or your family members might be eligible for these benefits.
Changes to USCIS Fees and Naturalization Costs
Recent changes to USCIS fees have affected the cost of applying for naturalization and other immigration benefits. Let’s review how an attorney can assist applicants in managing these costs effectively.
New Naturalization Filing Fees and Requirements
The cost of filing for naturalization has increased, with separate fees for paper and online filings. Attorneys ensure applicants understand the current fee schedule and help avoid delays by submitting the correct fee.
Eligibility for Reduced Fees Based on Income
Applicants with household incomes between 150% and 400% of the Federal Poverty Guidelines may qualify for reduced fees. Attorneys assist in calculating income eligibility and gathering required financial documentation for fee reduction requests.
Full Fee Waivers for Low-Income Applicants
Low-income applicants may be eligible for a complete fee waiver, covering the cost of naturalization applications. Attorneys help determine eligibility and assist with completing the necessary Form I-912.
Financial Planning for Multiple Applications
For families applying together, costs can add up quickly. A US immigration attorney offers advice on financial planning for multiple applications. By exploring options like staggered applications or sponsorship assistance, to make the process more affordable.
Financial Considerations in Immigration Cases
Financial requirements are an essential part of many immigration processes, such as green card sponsorship and naturalization applications. Let’s examine the financial obligations involved and explain how an attorney can ensure that you meet these requirements accurately.
Income Requirements for Sponsorship
For family-based immigration applications, sponsors must meet minimum income requirements. Attorneys help determine if you meet these thresholds and can advise on ways to satisfy any shortfalls.
Federal Poverty Guidelines and Household Size
The federal poverty guidelines affect eligibility for fee waivers, income requirements, and other financial considerations in immigration cases. Your US immigration attorney can calculate your household size accurately, ensuring that you meet federal income requirements.
Using Assets to Qualify for Sponsorship
If your income doesn’t meet the requirement for sponsorship, assets may be used to bridge the gap. Attorneys know the rules for valuing assets and how to document them to meet immigration standards.
Fee Waivers and Reduced Fees for Low-Income Applicants
Many applicants may be eligible for reduced fees or fee waivers based on their income level. An attorney can help determine eligibility for these waivers and ensure proper documentation is submitted.
Find the best practices to prepare for your first consultation with a US immigration attorney.
FAQs About Immigration Attorneys in Queens
When seeking an immigration attorney, it’s natural to have questions about what to expect. Here are some FAQs specific to finding and working with a US immigration attorney in Queens, New York.
Do Queens Attorneys Specialize in Specific Case Types?
Yes, many Queens-based immigration attorneys specialize in family-based visas, deportation defense, and work visas. Focusing mainly on needs relevant to local communities.
How Much Does an Immigration Attorney in Queens Charge?
Fees vary based on case complexity. Many attorneys in Queens offer flexible pricing structures to make legal services accessible.
Can an Immigration Attorney Help with Local Resources?
Queens attorneys often have connections with local organizations offering language support, housing assistance, and public benefits, which can be beneficial.
Are Queens Attorneys Familiar with USCIS Queens Office?
Yes, many attorneys have experience dealing with the local USCIS office, which can expedite processes by knowing the protocols and staff.
How Do I Verify an Immigration Attorney’s Credentials?
You can verify an attorney’s license and disciplinary history through the New York State Unified Court System. It’s always wise to do this before hiring.
Consult a Queens Immigration Attorney Today
Working with a Queens immigration attorney provides peace of mind and a strategic advantage in your immigration journey. An experienced US immigration attorney can guide you through each step of the process.
Don’t take chances with your future. Book a free consultation with a Queens immigration attorney today.
