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Preparing for Your Initial Consultation With an Immigration Attorney
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Preparing for your initial consultation with an immigration attorney helps the lawyer understand your background and identify the best options for your case. You’ll likely complete an intake questionnaire covering your immigration history, family information, employment, and any past interactions with immigration authorities or agencies.
You’ll also want to share any relevant details and bring all required documents for your immigration journey. This allows the attorney to give informed advice and guide you through the next steps in your immigration process.
Many—but not all—immigrants will need an attorney to meet their immigration goals. Whether this is securing an employment-based green card, petitioning a family member, or avoiding a deportation, an immigration lawyer can be a key resource and critical support.
This article shares how to prepare for your initial immigration consultation with an attorney. Learn what questions you’ll need to answer and the information you should bring. You’ll also find a checklist of documents your attorney will need if you’re pursuing citizenship through naturalization.
The First Time You Meet With Your Immigration Attorney
At your first meeting with your lawyer, you’ll need to share information about your immigration status, employment, family, and immigration history.
These range from basic biographical information, such as your name and contact information, to more complex employment and past immigration history. You should always tell your immigration lawyer if you have had past cases with the U.S. Citizenship and Immigration Services (USCIS) or any other open immigration cases.
While this list of questions may seem excessive, they are important in helping the attorney give the best legal advice for your case. It also helps them determine the best visa for your needs.
Keep reading for a list of questions you can expect to answer in your first meeting with your immigration lawyer:
Information About You
- Your name and any other name you have used
- Your address and phone number
- Addresses for the last five years, including the move-in and move-out dates
- City and country of birth
- Date of birth
- Passport country, number, and expiration date
- I-94 admission number and expiration date
- Social Security number
- Place and date of your last entry to the United States
- Your U.S. visa category and visa expiration date
- Your marital status
- Names of any former spouses, and when and how the marriage was terminated
- Your occupation
- Each of your employers for the last five years (address, position, start and finish date)
- Name and location of your university/secondary school, dates attended, field of study, and degree
- All the organizations you (and your spouse, if applicable) have belonged to
- Any crimes you have committed
Information About Your Spouse
- Spouse’s name and any other name your spouse has used
- Spouse’s address and telephone numbers
- Spouse’s city and country of birth
- Spouse’s birth date
- Spouse’s occupation
- Spouse’s passport country, number, and expiration date
- Spouse’s I-94 admission number and expiration date
- Spouse’s Social Security number
- Spouse’s place and date of last entry to the United States
- Spouse’s U.S. visa category and visa expiration date
- Names of any of your spouse’s former spouses, and when and how the marriage was terminated
Information About Other Family Members
- Your children: names, sex, marital status, birth date, birth country, immigration status, address
- Your parents: names, birth dates, citizenship, birth country, address
- Your spouse’s parents: names, birth dates, citizenship, birth country, address
- Your relatives who are or who have ever been U.S. citizens
Applying for U.S. Citizenship
Applying for U.S. citizenship is a multi-step process governed by the United States Citizenship and Immigration Services (USCIS). An essential part of the U.S. citizenship application is completing Form N-400. There are other requirements you need to submit to the USCIS.
An immigration attorney can also help you navigate the process and secure the necessary documents. With an attorney by your side, your naturalization process can go as smoothly and expediently as possible.
Overview of the Naturalization Process
The naturalization process has several steps. They include:
- Submission of the N-400 application
- Paying the filing fee
- Appearing for biometrics
- Passing the civics test
- Attending the citizenship interview
- Taking an oath of allegiance
The applicants must also meet the eligibility requirements. They include:
- Showing good moral character
- Maintaining lawful permanent resident status
- Fulfilling the physical presence required
It is best to consult an attorney for legal advice on this process. An experienced immigration lawyer can offer personalized guidance on navigating the immigration process.
Checklist of Documents Needed for Certificate of Citizenship
If you are pursuing U.S. citizenship through naturalization, your attorney will need the following documents:
- Permanent Resident Card (Green Card)
- Documents showing any name changes and explanations (like a divorce decree, if you reverted to your maiden name after your divorce)
- If you are applying for naturalization based on marriage to a U.S. citizen, proof of your spouse’s citizenship for the past three years, which may be in the form of a birth certificate, passport, naturalization certificate, or Form FS240, “Report of Birth Abroad of a Citizen of the United States of America”
- Marriage certificate for your current marriage
- Proof of termination of all your and your spouse’s previous marriages (like divorce decrees or death certificates)
- Form N-426, “Request for Certification of Military or Naval Service”
- Status Information Letter from the Selective Service, if you did not register and are a male who lived in the United States between the ages of 18 and 26
- IRS Tax Form 1722, listing the past three to five years of tax information
- Copies of tax returns filed for the past three to five years
- Copies of correspondence with the Internal Revenue Service (IRS) about any failure to file income tax returns
- A signed agreement from the IRS, state, or local tax authority showing repayment arrangements and that you paid
- Proof of maintenance of U.S. residence during trips abroad of six months or longer (like a signed lease, rent receipts, utility bills, etc.)
- Copies of orders for child or spousal support you must pay
- Evidence of compliance with spousal and child support orders (like canceled checks, pay stubs showing automatic withholding, etc.)
- Copy of court disposition for any arrests or detentions by law enforcement officers or statements that no charges were filed
- Sentencing records for each conviction and evidence of satisfactory completion of the sentence(s)
- Court orders vacating, setting aside, expunging, or otherwise disposing of an arrest or conviction
- Form N-648, “Medical Certification for Disability Exceptions,” which must be completed by a licensed physician or psychologist if you are claiming a disability exemption from the testing requirement
- Form G-28, “Notice of Entry of Appearance as Attorney or Representative”
Potential Challenges of the Naturalization Process
If an applicant doesn’t comply with immigration law, the naturalization process can be affected. At worst, a foreign national can face denial of the naturalization application or deportation. Thus, it is essential to meet all USCIS requirements.
Common challenges for applicants include:
- Inadequate preparation and missing documents
- Having a criminal history
- Issues with compliance
Other situations can potentially affect the outcome of the application. To mitigate potential consequences, it is best to seek help from an immigration lawyer. An experienced attorney can identify any issues with your application and help ensure the best outcome.
How To Find an Immigration Attorney in Your Area
Navigating U.S. immigration laws on your own can be overwhelming and frustrating. The law is constantly evolving, and some immigration rules and policies vary by state. It can be difficult to understand what laws apply to you and your situation. It’s natural to feel lost in the process.
An immigration attorney near you can help. A lawyer can offer expert legal advice, tailored to your case. They can help you understand your legal options for your unique circumstances. Get help with any type of immigration matter, including:
- Facing deportation or removal proceedings
- Appearing in immigration court
- Obtaining U.S. citizenship through naturalization
- Addressing a visa overstay
- Pursuing a family-based petition
- Advocating for a loved one who has been detained
- Applying for a green card or permanent legal resident status
- Seeking an I-601 waiver
Don’t be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.
FindLaw’s directory of immigration attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they have attorneys who speak languages other than English. Many law offices offer free case evaluations.
Can I Solve This on My Own or Do I Need an Attorney?
- Some people can get a green card or complete immigration forms without hiring legal help
- Complex immigration cases (such as having a criminal history or past immigration violations) may need the support of an attorney
- A lawyer can help you navigate complicated federal and state immigration laws and policies
The immigration process can be stressful and slow. An attorney can offer tailored advice and help prevent common mistakes.
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