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June 30, 2012   Posted by: Margarita Smirnova

Immigration Law and the Obstacles!

The decision to leave one’s homeland is huge. The obstacles are numerous.

Helping those who do not share American culture and language is an important aspect of the attorney practicing immigration law. Legal system tends to be unclear to an average American. The stakes are high in criminal system where freedom and often times status of life tends to play a major role. It applies to federal and state criminal procedures. The stakes are even higher for those want to enter and/or remain in the country. The decision to leave one’s homeland is huge. The obstacles are numerous. Families struggle for years to reunite; regardless how they arrived to the United States. Some are ousted from their homeland and have no stable place to live. Asking for asylum or refugee status can bring many emotions to different groups of immigrants. One thing they have in common is fear; fear of unknown and instability; the fear for their future. From personal experience, starting from applying, waiting for the application process, the interview and waiting for the immigration officer to deliver the decision can be quite nerve wracking.

There are many obstacles… There is a language barrier, cultural differences, unplanned obstacles such as prior criminal and medical issues and inadvertent mistakes following peoples’ lives. Not understanding how the system works may result in incarceration, detention, deportation, and/or inability to re-enter the country.

Immigration falls under the Federal law system. Federal laws and regulations are stringently regulated. It is even more complicated and difficult to comprehend for those who never dealt with any type of American legal system. Even those who think they know it could be wrong when it comes to sailing through smoothly.

While hiring an attorney is never a 100% guarantee, it is very important to have one represent you in immigration process in order for your case to be reviewed more favorablyIn immigration legal procedures, instructions need to be read literally word by word; just like in criminal proceedings. When there is a gray area and research needed, an attorney can seek through research for the legislative intent and federal case law. An attorney can also ask many questions on your behalf to avoid further complication. An attorney can also help you prepare for the process which can make it less stressful just by knowing what is ahead. While hiring an attorney is never a 100% guarantee, it is very important to have one represent you in immigration process in order for your case to be reviewed more favorably.

Those who are not American citizens do not have the same Constitutional protections like American citizens do. Hence, the non-citizens do not have the right to an attorney to represent them in immigration court.

Written by Margarita Smirnova, Esq.

If you have a specific question relating to your business, please contact
Margarita

Call: (617)398-7482

E-mail: margarita.smirnova@gmail.com

 

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Margarita Smirnova - Contact the Author, Attorney Margarita Smirnova, at 617-875-8663 or email to margarita.smirnova@gmail.com for an introductory strategic legal consultation to discuss your legal issue. Professional Profile on NOLO.com

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