In early 2022, prior to the start of the Australian Open tennis tournament, the work of immigration lawyers representing Serbian tennis star Novak Djokovic was the focus of many international news headlines. Upon arriving in Melbourne, Djokovic was detained and denied a visa over COVID-19 concerns. His immigration legal team challenged the merits of the denial all the way to an appellate court, thus preventing what could have been his forced removal from Australia. These actions were similar to those immigration lawyers would have taken in the United States, and they’re examples of what these legal professionals can do for their clients.
According to market research firm IBISWorld, more than 10,000 attorneys are actively engaged in the practice of immigration law in the United States. This is a small number when we consider this country is home to millions of immigrants. Here are just some of the legal issues immigration attorneys in San Diego and all around the country deal with on a daily basis.
Filing Applications, Requests, Petitions, & Responses
Even though some immigration lawyers choose to narrow the focus of their work to specific clients, such as those who seek asylum, there are two common denominators in this field of practice: protecting the interests of clients and filing forms. Many clients find visa forms and immigration petitions extensive and complicated. Making a mistake when completing and submitting paperwork could derail the process, and this is something immigration law firms pay close attention to. When agencies such as the State Department or U.S. Citizenship and Immigration Services (USCIS) request clarifications or written answers to filings, attorneys ensure responses are crafted in ways that keep their clients on track.
Helping with Visa Denials
Getting a rejection when applying for any kind of U.S. visa doesn’t necessarily signal the end of the process. Quite a few immigration attorneys are retained by clients who receive denials from USCIS or the State Department. There’s a process to appeal visa rejections, and many law firms are able to identify errors and make the right adjustments. It’s not unusual for visa adjudicators to make mistakes while reviewing submissions or interpreting agency rules.
Obtaining Special Waivers
This is a delicate matter for many immigrants, particularly those who seek legal residency through the K-1 fiancée visa. When a marriage to a U.S. citizen fails, there are ways to switch the process from a joint petition to an individual case, but this will require a waiver as well as an explanation to clear doubts about the good faith aspect of the marriage.
Preventing Deportation & Removal Proceedings
In this important role, immigration law firms help clients who have been given notices of deportation, which in some cases can be argued in court because due process cannot be denied. In other cases, foreigners are detained pending removal, but they may have a chance to plead their cases before they’re escorted out of the country.
For more information on every aspect of U.S. immigration, including citizenship, naturalization, and family-based immigration, San Diego residents should reach out to the experienced immigration attorneys at KS Visa Law. Call us today at 858-874-0711 to schedule an appointment.
