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An Immigration Attorney's Important Role in the K-1 Visa Process
People often have misunderstandings or misconceptions about what services a lawyer provides in the fiancee visa process. Learn how a K-visa attorney improves your chances of success.
July 27, 2011 /Travel PR News/ -- Many people are confused about the services an attorney provides in immigration matters concerning fiancee or spousal visas. Some people mistakenly believe that a K-1 visa attorney performs the same tasks as a "visa service", but at a higher cost. Others insist that hiring a lawyer to help with a fiancee visa is simply paying money for work that an applicant could have done himself.
To the contrary, an experienced and niche-focused attorney gives the applicant the best chance of receiving visa approval. This article outlines just some of the crucial skills and services that a reputable K-visa lawyer provides to his clients.
Improving your Chances
K-1 Fiancee visa applications face heavy scrutiny and a substantial chance of rejection. In fact, only about 60 percent of K-1 visa applications are approved. While a lawyer cannot "guarantee" the approval of your K-1 or K-2 visa - beware of any "visa service" or law firm that claims otherwise - an experienced K-visa attorney significantly increases your chances of success.
A lawyer's experience in the immigration system - coupled with his legal knowledge - affords his client invaluable expertise that cannot be duplicated by a "visa review" or "visa consulting" service. Similarly, when an applicant decides to do the process by him or herself, the application is subject to pitfalls and mistakes that a lawyer would have known to avoid.
An applicant's self-study of government websites, do-it-yourself books or other resources cannot equal the skill of an immigration attorney with decades of experience. In fact, many "free" resources on the internet contain outdated, inaccurate or completely false information regarding the fiance or spousal visa process.
True Representation
Unlike "visa review" or "visa consulting" services, an immigration attorney possesses the unique ability to represent clients through direct contact with the U.S. Citizenship and Immigration Services (USCIS), the Department of Homeland Security (DHS) and the U.S. Consulate that will process the visa application. Only a U.S. licensed attorney can contact any of these government organizations on the petitioner's or beneficiary's behalf. Visa services cannot do so. The importance of an attorney's legal capacity to truly "represent" his clients cannot be understated. When the lawyer files a G-28 Form, the U.S. government grants him the ability to appear on behalf of his client before the USCIS.
Licensed attorneys possess the ability to file appeals for their clients. When a K-1, K-2 or IR-1/CR-1 application has been denied, the lawyer has the ability to challenge the ruling through the appellate process. Thousands of K-visas are denied each year, but rejection of the application doesn't have to be a dead-end. The appeals process allows for reversal of the applicant's denial.
Accountability
Immigration attorneys are licensed to represent clients and practice law; reputable lawyers do not take this power lightly. Licensed attorneys in the U.S. are held accountable to provide competent representation to their clients while following ethical guidelines. Unlike generic "visa services", lawyers are held legally accountable to their clients in matters such as meeting application deadlines and apprising the client of their legal options.
Highly regarded immigration attorneys take representation of their clients seriously. If a lawyer fails to honor the rules he is held accountable by his governing authority, but - more importantly - he can also be held accountable by his client. This aspect of accountability helps ensure clients that they will be afforded competent legal services. However, not all attorneys provide equal quality of services. An attorney's breadth of experience in handling K-1 and K-2 applications is an invaluable asset in providing the best possible legal representation of a client.
But Experience & Expertise Varies
We discussed the important skills that attorneys collectively hold, but it is important to stress that - like any professional - some lawyers are better than others. In the legal profession, experience is perhaps the single, most distinguishing attribute amongst lawyers.
It is a simple fact of life: an attorney that has been practicing marriage and fiancee visa law for decades has seen and dealt with a variety of situations, challenges and legal battles. These experiences bestow wisdom upon the attorney - wisdom that cannot be learned from a book or classroom.
For example, a lawyer who has represented clients in K-visa matters for more than 20 years has almost certainly accumulated more knowledge about the nuances and particularities of the process than an attorney who has practiced in the area for 10 years.
In that same vein, a lawyer's specific practice area can heighten expertise, too. An attorney who has focused his practice heavily on K-1 and K-2 visas likely has more K-visa experience than an attorney who has been practicing general immigration law - without a K-visa niche - for the same amount of time.
Contacting a K-visa Attorney Cannot Hurt
A reputable immigration lawyer will typically offer a free initial consultation. The consultation affords the attorney the opportunity to learn the details of your specific case and determine if he can assist you. Of equal importance, the consultation gives you an opportunity to assess the competency of a lawyer and convince you of his value. For more information about how a K-visa attorney can help you with your specific case, contact a reputable lawyer today.
Article provided by Lawrence R Holmes, Immigration Attorney
Visit us at www.kvisausa.com
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