Fiancé Seeks Attorney
If a fiancé wants to immigrate to the U.S. and their future spouse refuses to retain an immigration attorney to help with a petition, it can create unnecessary uncertainties and challenges in the process.
While it is not required to work with a lawyer when applying for an immigrant visa or green card in the United States or overseas, legal representation can provide several benefits. Here are some reasons why it may be beneficial to consult with an immigration attorney:
1. Expertise and Knowledge. Immigration attorneys specialize in immigration law and have a deep understanding of the complex legal processes and requirements involved in obtaining a green card or immigrant visa. They can provide guidance and ensure that all necessary documents and forms are properly completed and submitted.
2. Peace of Mind. Applying for a green card or immigrant visa can be a stressful and time-consuming process. An immigration attorney can help alleviate some of the stress by handling the legal aspects of the case, allowing the fiancé to focus on other important matters.
3. Speeding up the Process. An experienced immigration attorney can help expedite the immigration process by ensuring that the application is completed accurately and efficiently. They can also navigate any potential challenges or complications that may arise.
4. Negotiating with Immigration Authorities. If there are any questions or issues regarding the specific case, an immigration attorney can act as a liaison between the fiancé and the immigration authority. They can help address concerns and seek clarification, saving the fiancé hours of time and potentially achieving more favorable outcomes.
5. Access to Legal Representation. While the right to government-appointed counsel is not provided in immigration court, having legal representation can significantly impact the outcome of immigration proceedings. Immigrants with legal representation are more likely to be allowed to remain in the United States, while those without representation face greater challenges.
Ultimately, the decision to retain an immigration attorney may be affected by various factors outside of the immigrant’s control.
However, considering the balance of pros and cons, it is advisable to receive professional legal assistance so that you can ensure a smoother, successful, more pleasant experience.
If the fiancé wants to convince their future spouse to retain an immigration attorney to help, they should consider the following:
Explain the Benefits. The fiancé should explain the benefits of having an immigration attorney, such as their expertise and knowledge, peace of mind, speeding up the process, negotiating with immigration authorities, and access to legal representation. They could also provide examples of how an attorney could help them navigate the complexities of the immigration process and avoid potential delays.
Highlight the Importance of Accuracy. During the immigration interview, officials will verify the validity of the marriage, and if each spouse has different answers to the same questions, it could raise suspicion that the marriage is fraudulent.. The fiancé should emphasize the importance of accuracy and consistency in the couple’s answers and how an immigration attorney will help them be well-prepared for the interview.
Address Concerns. If the future spouse is hesitant to retain an immigration attorney due to concerns about the cost, the fiancé could research and provide information about affordable or pro bono legal services offered by non-profit organizations or accredited representatives. They could also address any other concerns or questions that the future spouse may have about the immigration process, such as who will be in charge of carrying out specific tasks.
Seek Compromise. If the future spouse is still hesitant to retain an immigration attorney, the fiancé could seek a compromise by suggesting that they at least consult with an attorney on a one-time basis to discuss all options and receive guidance. This will alleviate some of the most basic stress and uncertainties of the immigration process.
Ultimately, the fiancé should approach the decisionmaking with empathy and understanding. The choice to hire an immigration attorney is a personal one. Regardless, by highlighting the potential benefits of working with an attorney and addressing other spousal concerns, immigrants can set in place a winning, unified approach to obtaining immigration benefits.
