Straight Talk: Winning Your Immigration Case Without An Immigration Lawyer Is Not Easy
Posted: Wednesday, October 14, 2009
by Carlos Batara
Law Offices of Carlos Batara
Immigration attorneys, after 9/11, are more important than ever before. Rules are stricter. Procedures are tighter. Judges are tougher.
Yet, over 50% of immigrants go to Immigration Court hearings without a lawyer. This is a recipe for disaster.
After the 9/11 attacks Americans looked for causes - many blamed the immigration system. Nineteen terrorists had entered the U.S. on student visas; the others used tourist visas. The results were predictable. It became harder to qualify for green cards, U.S. citizenship, and other immigrant visas.
Like all aspects of immigration law, court procedures have become more rigid in recent years. These changes make winning your case harder than ever before . . . and the assistance of an immigration lawyer more critical to your victory.
THE IMMIGRATION COURT OVERLOAD
Immigration courts are flooded today: an overload of cases and not enough time.
Immigration judges, since 2002, handle about 300,000 cases annually. There are 226 immigration judges and 54 immigration courts. On the average, immigration judges make five rulings per day, and sometimes have less than 15 minutes to issue their decisions.
The results of overcrowding:
Immigration judges quickly review documents, looking for omissions and mistakes. A single error may cause a case to be denied, setting an immigrant's petition back by a year or more. The error can even lead to your permanent removal from the U.S.
Judges must finish immigration trials as rapidly as possible. Many immigration judges ask for written statements, instead of listening to the testimony of your witnesses. Important information may be left out. Unless there is an immigration attorney doing the writing, most immigrants will fail to include certain evidence the judges need to know.
Judges will not create law. They do not study rules like an immigration trial lawyer. If other courts have used laws in a certain way, an immigration judge is not going to change how things have been done. But an immigration attorney, with deportation defense experience, will know how to challenge laws and procedures if your case is different.
THE ROLE OF YOUR IMMIGRATION ATTORNEY
An immigration attorney can bring many advantages to your case - and can help you overcome difficult issues you will face at your court hearings. These advantages may make the difference between winning and losing.
First, at your immigration trial, everything counts. How you prepare your application will influence every step of the process. Too often deserving and honorable immigrants destroy their chances with poorly prepared paperwork. Confusing information can make it difficult to challenge a bad decision by the judge. An immigration attorney can keep these errors from taking place.
Second, several programs are unknown to immigrants. They are easily overlooked if you do not have an experienced attorney. For example, 5-10 years ago, a special program may have existed for immigrants from your home country. Now it no longer exists. A good immigration lawyer will know if that old law can still be used to help you stay here as a permanent resident.
And most important of all, a lawyer with immigration appeals experience can protect you against bad decisions. Judges are humans. They make mistakes. An immigration judge might not adequately consider your evidence. A judge may fail to properly consider testimony from a witness. Perhaps the judge improperly uses a rule against you. Your lawyer will be able to challenge these errors.
Immigration cases are harder today, and hiring an immigration lawyer is often the only way to ensure your opportunity for a fair hearing - as well as your ability to live in the United States.
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Carlos Batara, an immigration attorney with offices in Escondido and San Diego, California, has assisted immigrants from over 60 countries to live and work legally in the U.S. A Harvard Law School graduate, Carlos specializes in immigration trials, immigration appeals, and difficult cases. To get a free copy of his special report, "How to Avoid Immigration Fraud," visit http://www.bataraimmigrationlaw.com/san-diego-immigration-attorney.html
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