Do You Need an Immigration Lawyer to File for a Green Card?
For those considering applying or reapplying for residency in the United States, a common concern is whether or not you need a lawyer to file for a Green Card. The answer is not entirely black and white, but Upwardli is here to help clear up any confusion.
Continue reading to learn more about the Green Card filing process and whether or not a lawyer is necessary.
Do you need to hire a lawyer to apply for a Green Card?
The short answer is no. You do not need a lawyer to apply for a Green Card in the United States. Many applicants successfully navigate the Green Card process without legal aid every year. With that said, immigration law is complicated, and a skilled immigration attorney can help you through each step of the application timeline. A lawyer may also be necessary for those who do not speak English and may have trouble reading through the required documents.
The benefits of hiring a Green Card lawyer
Hiring a lawyer can often help you avoid the frustration of a rejected Green Card application. Immigration lawyers are invaluable because they can:
Ensure applicants meet the required criteria
An experienced lawyer can help Green Card applicants determine if they qualify through:
Employment
Familial relationships
The applicant’s status as a special immigrant, refugee, asylum seeker, human trafficking victim, crime victim, or victim of abuse
Eligibility through less common avenues
Collect and validate all supporting documents
Once deemed eligible, an immigration lawyer can help applicants gather, fill out, and validate all of the necessary documents. Some of these required documents:
Necessary government documents may include Form I-602, I-212, I-508, I-566, and more
A copy of a birth certificate
Documentation of immigration category
A copy of your government-issued identity document with a photograph
Specific documentation based on the specific qualification criteria for a Green Card
Certified court and police records of any past criminal charges, arrests, convictions, etc.
Prepare applicants for the Green Card interview.
Green Card applicants typically need to complete a round of interviews prior to approval. An immigration lawyer can help you prepare for commonly asked questions. For example, applicants are usually asked about any criminal histories and whether their immigration status has changed since submitting their application.
How to find a U.S. immigration lawyer
In order to represent you when applying for a Green Card, an attorney must be currently eligible to practice law in any U.S. state. Your attorney must also not be suspended, enjoined, restrained, disbarred, or otherwise restricted from practicing law in any other form.
You can find qualified pro bono legal service providers and firms on The Executive Office for Immigration Review (EOIR) website. The American Bar Association also keeps a running list of legal services by practice type and state. We recommend speaking with multiple lawyers and firms before deciding on an attorney. The best choice is often a practitioner with a successful history of handling cases similar to your own.
Does bad credit affect Green Card applications?
Credit history does not typically transfer from country to country, so Green Card holders start from scratch when entering the United States. The good news is having no credit score or report will not negatively impact your consideration for an initial green card.
On the other hand, The Department of Homeland Security previously ruled that credit could negatively affect those already in the U.S. on a Green Card who want to extend or change their status. The current Presidential administration subsequently rolled back the ability to use credit as a determining factor in Green Card applications, but that could change again in the future.
For those currently on a Green Card, we recommend you begin building a credit score in the U.S. as soon as possible. Don’t know where to start? Check out Upwardli’s quick-start guide for immigrants. We can also help you find the partners and resources that will work with you to build and improve your credit.
