Most people know that dealing with the legal side of any issue or in any situation can be confusing and may seem complicated.
If this is the case when it comes to national issues with entities and laws that you probably know or have heard about throughout your life, it is even more difficult and more important to fulfill your legal responsibilities when changing your country of residence.
Each country has different laws regarding work permits, residency visas and other issues and it is important to know what the requirements are, what your obligations are and what your rights are to live and work legally in another country.
The immigration lawyers are the ones who are responsible for advising foreign and guide them throughout this process.
Below you will find information on what an immigration lawyer does and when to hire one.
What is an immigration lawyer and what does it do?
The immigration law, immigration law or immigration law is the branch of law that meets the set of rules and laws that regulate the movement of people between countries and are responsible for establishing what will be the conditions of income, stay and departure who live outside their country of origin.
The immigration law also takes care of everything related to emigration and repatriation.
An immigration lawyer is the one that specializes in this branch of law and one of its main functions is to advise those who wish to change their country of residence so that they know what are the obligations and legal conditions they must meet in order to live and work. legal form in another country.
Immigration lawyers are also responsible for carrying out part of the necessary procedures throughout the immigration process of their clients.
Much of the necessary procedures to live abroad ( visa application, residence permit, etc. ) are carried out in official government entities, who are responsible for deciding whether the applications will be accepted and under what conditions.
In addition to advising their clients, immigration lawyers are also responsible for advising and guiding their clients in case these requests are denied. In this case, the immigration lawyers are in charge of analyzing the situation and deciding if the rights of the clients have been violated.
Depending on each case, it is possible to appeal or start a process before a judge to restore the violated rights and obtain what had been requested ( visa, nationality, residence, etc. ).
In addition, immigration or foreign lawyers are responsible for advising companies that plan to hire foreign employees to ensure that each party fulfills its legal obligations. This usually includes confirming that employees meet all the conditions necessary to work legally.
Finally, immigration lawyers play a very important role in defending clients who have been arrested without papers, who work illegally, who face deportation or who are having any problem related to immigration law.
Because this type of lawyer must deal with a wide variety of cases, you are expected to know perfectly well not only immigration law and laws related to the movement of persons between countries, but you should also be familiar with administrative law. and even with part of the criminal law.
All lawyers must have a university degree in law to be able to practice and this training usually gives solid foundations in different branches of law. Once they have completed their career, many decide to pursue a specialization or masters in immigration law.
Due to the nature of their profession and the cases they face, many immigration lawyers are often able to communicate in several languages in order to advise foreigners who wish to change their country of residence without the language being a barrier.
Like other types of lawyers, in addition to training specifically focused on immigration law and in addition to having to speak at least two languages, immigration or immigration lawyer toronto must also be prepared to deal with the emotional burden of this branch of the right.
Many of the clients who require the services of this type of lawyer are families separated by international law, low-income families seeking new opportunities or undocumented workers seeking to support their families.
Main cases in which an immigration lawyer intervenes
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Residences, visas, etc .:
The main cases that require the services of an immigration lawyer are families or individuals who wish to change their country of residence and live abroad. It can be students looking for a student visa, workers with or without a contract in another country, families that wish to regroup, etc.
• Application for the temporary residence permit
• Application for a permanent residence permit
• Student visa
• Tourist visa • Family
reunification • Etc.
Naturalization, citizenship, etc .:
In addition to advising their clients so that they can live and work abroad, immigration attorneys also intervene when they wish to apply for citizenship, usually in cases in which the person has lived abroad for several years without interruption, or when you want to change your nationality or have dual nationality.
Marrying a foreigner, living uninterruptedly in another country or having a child outside the country of origin of parents or parents of different nationalities are some of the cases in which it is possible to change nationality.
Immigration lawyers are responsible for advising their clients and giving all the necessary information about the conditions, requirements, and procedures.
• Dual citizenship
• Nationality of children
Employment in the international field:
Immigration lawyers also advise people wishing to work abroad legally or companies wishing to hire foreigners to ensure that both parties know what is allowed by law. For example, foreign students are only allowed to work a limited number of hours.
• Review of contracts
• Advice for companies
• Labor visas
• Projects Abroad
• Labor conditions
Defense of clients:
Immigration lawyers also defend their clients when they are accused of a crime related to immigration, which is usually about people who were arrested for working or living illegally in another country or in situations involving deportations.
• Detention without papers
• Illegal work
• Cases in which the client’s ability to remain in a country legally is put at risk
When to hire an immigration lawyer?
Below you will find the main cases in which it is important to have the help of an immigration lawyer:
1. You are planning to work or live abroad
Although it is not necessary to hire an immigration lawyer to do the necessary procedures to live abroad, you can help the process go smoothly. The requirements and procedures to obtain visas and permits can be confusing and a specialized lawyer can solve your doubts.
If you plan to travel with your family, a lawyer can tell you what conditions each member must meet in order to live abroad.
Keep in mind that nowadays there are also independent agencies and agents that offer advice for people who wish to live, study or work abroad.
2. Your application for a visa, residence, naturalization, etc. It was rejected
If you made a request to the relevant authorities to live, work or study abroad or it was rejected, you can hire an immigration lawyer to explain exactly why your application was rejected and what you can do.
An immigration lawyer will help you determine if the reasons are valid or if your rights were violated and the decision can be appealed. If it is not possible to appeal, an immigration lawyer will also tell you if there are other options and if it is possible to make a new application under new conditions.
3. Your husband or son is abroad and you want to meet him
Immigration lawyers also help in cases of family reunification by advising the family and offering information on the conditions that must be met.
Minor children and parents who depend economically or in any other way can obtain a residence visa to be able to reunite with their families, but the conditions depend on the laws of each country and the specific situation of each family.
4. You want to move your business to another country or start doing international business
Depending on your case, you may also need the help of a commercial or labor lawyer in the country to which you want to move your business, but an immigration lawyer will give you information on what are the initial conditions that you must meet and what are the procedures that you must go on.
5. You are working illegally in another country and want to legalize your situation
If you are working without papers and you think you are in a situation where you can legalize your situation or would like to know if there are ways to do it, an immigration lawyer can give you the advice you need.
6. You were arrested without papers or you are in a situation where you risk being deported or in which your ability to remain legally in the country in which you are at risk is at risk
If you find yourself in this situation, it is very important that you hire an immigration lawyer as soon as possible. This type of lawyer can tell you what your rights are in the situation you are in and can guide you through the entire process.
How to get a good immigration lawyer
Photo by Ben Rosett on Unsplash
Although it is always important to get a trusted attorney and confirm the credentials of any type of lawyer, it is particularly important to be careful when hiring an immigration lawyer.
Unfortunately, many people take advantage of foreigners and offer wrong information or promise visas and permits they never receive.
Below are some tips that will help you hire a good immigration lawyer and avoid being scammed in matters related to living or working abroad:
1. As much as possible, get an immigration lawyer through references
One of the best ways to make sure it is not someone who wants to cheat is to hire someone who has worked and helped a trusted person before.
Make sure that your case and that of the person who recommended it to you are similar and do not be afraid to ask all the questions you consider necessary.
2. Check the credentials of the immigration lawyer you want to hire
If you are doing a search on the Internet, and even if it is someone you got through referrals, check their credentials. Most countries have official lists of the Bar Association or the national legal entity in which you can check if the lawyer you want to hire is registered or not.
3. Hire an immigration lawyer only after speaking with him and after having solved your initial doubts
After verifying that he is a true lawyer, talk to him to explain your case and find out if he can help you. Talking with him will also let you know if you will feel comfortable working with him.
Some attorneys even offer a free first person appointed to know your case and determine the initial conditions. After speaking with the immigration attorney you are considering hiring, decide if it inspires confidence. During this first conversation, it is important that you ask the right questions and that you have everything clear before hiring them.
These are some of the questions you should ask:
◦ Are you a general lawyer or do you specialize in immigration law?
◦ Do you work with cases like yours?
◦ What will be the cost of the entire process? Will, it is paid for hours, for consultation or will it give you a fixed rate?
◦ What are your initial options? If you hire him, what would be the procedure to follow?
◦ What can you expect? What are the chances of success? What do they depend on?
◦ When can you start working on your case? When can you expect some kind of result?
4. Take into account the following recommendations:
◦ Although it is specific to Canada, keep in mind that whoever holds the title of a notary can not offer legal advice.
◦ Familiarize yourself with the terms, concepts, and conditions of your case by searching for information online. Most government websites offer information about the requirements to obtain a visa, a permit, etc. You may not be clear about what applies to your case, but familiarizing yourself with the procedures and conditions will allow you to better understand the lawyer you hire.
◦ When browsing government websites, make sure the URL ends in “.gov”.
◦ Do not deliver the original documents and always keep a copy of everything you deliver or sign.
◦ Pay with a check, with a card or with any payment method that allows you to have a proof of payment in which it clearly appears to whom you paid, how much and when.
◦ Most forms are free and you can get them online. Do not pay for them before making sure they are not free.
◦ The contract with the immigration lawyer should be in your native language or in a language you master well. Regardless of whether you are a lawyer who inspires confidence, review the contract and check that everything appears as agreed.
◦ No country offers preference in exchange for money. Do not respond to emails or calls from “official immigration agents” or “lawyers or legal advisors” who promise to give you preference or additional benefits.