The immigration process in the United States is often lengthy and filled with challenges, leading many applicants to wonder if a lawyer can help expedite their case. In North Carolina, as in the rest of the country, immigration cases can take months or even years to resolve, depending on the type of application, the backlog of cases, and various other factors.
At Herhusky Law Office, PLLC, we understand the frustration that comes with waiting for an immigration decision and the uncertainty it brings to your life. As experienced immigration attorneys, we're frequently asked whether legal representation can speed up the process and what steps can be taken to avoid unnecessary delays.
While an attorney can't guarantee a faster resolution to your case, an immigration attorney can significantly influence the efficiency and smooth progression of your application. From properly preparing and submitting documents to addressing potential issues before they arise, an attorney's involvement can make a difference in how quickly your case is processed. Read on to learn more.
The Role of an Immigration Attorney in Your Case
One of the most critical ways immigration attorneys can impact the timeline of your case is by making sure that all paperwork is accurately completed and submitted on time. Immigration forms are often complicated, and even a small mistake can result in delays, requests for additional information, or even denials. An attorney can help you avoid these pitfalls by meticulously reviewing your application, gathering the necessary documentation, and making sure that everything is in order before submission.
In addition to preparing your application, immigration attorneys can communicate with U.S. Citizenship and Immigration Services (USCIS) on your behalf. This can be particularly helpful if your case encounters delays or complications. An attorney can follow up with USCIS to inquire about the status of your application and address any issues that may be causing delays. This proactive approach can sometimes result in a quicker resolution, as USCIS may prioritize cases that are being actively managed by legal representatives.
Addressing Potential Delays Early On
Another way immigration attorneys can help speed up your case is by identifying and addressing potential delays before they occur. For example, if your case involves a background check or a request for evidence, an attorney can anticipate these issues and prepare the necessary documentation in advance. By proactively addressing these concerns, you can avoid the delays that often result from incomplete or insufficient applications.
Immigration attorneys are also familiar with the various processing times for different types of applications and can advise you on the best course of action to minimize delays. For instance, if you're applying for a family-based visa, an attorney can help you understand the current processing times and whether there are any alternative options that might be faster. This knowledge allows you to make informed decisions about your case and avoid unnecessary delays.
Expediting Your Case When Possible
While immigration attorneys cannot control the processing times set by USCIS, they can assist in certain situations where expedited processing may be available. USCIS does offer expedited processing for specific cases that meet certain criteria, such as severe financial loss to a company or person, urgent humanitarian reasons, or cases of national interest. An immigration attorney can assess whether your case qualifies for expedited processing and help you submit a request to USCIS.
It’s important to note that expedited processing is not guaranteed, and even if a request is granted, it does not mean your case will be resolved immediately. However, in situations where time is of the essence, having an attorney advocate for expedited processing can be crucial. Additionally, if your case is delayed beyond the normal processing time, an attorney can assist in filing a request for case inquiry or intervention, potentially helping to move your case forward more quickly.
Avoiding Common Pitfalls in the Immigration Process
The immigration process is fraught with potential pitfalls that can lead to delays or even denials. From missing deadlines to submitting incorrect information, many applicants unknowingly make mistakes that can significantly slow down their case. Immigration attorneys play a vital role in helping clients avoid these common errors by providing guidance and support throughout the application process.
For example, certain immigration benefits require applicants to provide specific documentation, such as proof of relationship for family-based visas or evidence of continuous residence for certain adjustment of status applications. Failing to include the correct documents can result in requests for additional information, which can add months to the processing time. An attorney can help you compile a comprehensive application that includes all necessary documentation, reducing the likelihood of delays.
The Importance of Legal Strategy in Immigration Cases
A well-thought-out legal strategy is essential for traversing the immigration process efficiently. Immigration attorneys can develop a strategy tailored to your specific situation, taking into account your immigration history, current circumstances, and long-term goals. This strategy may involve choosing the right type of visa or green card application, timing your submission to align with current processing times, or preparing for potential challenges that could arise during the process.
For instance, if you’re applying for a work visa, an attorney can help you determine the best time to submit your application based on current quotas and processing times. They can also advise you on how to present your case most effectively to USCIS, increasing the chances of a favorable outcome. By having a clear legal strategy in place, you can avoid unnecessary delays and improve the likelihood of a successful outcome.
The Limits of an Attorney's Influence
While immigration attorneys can do a great deal to facilitate a smoother and potentially quicker resolution to your case, it’s important to understand the limits of their influence. Processing times for immigration cases are largely determined by USCIS and other government agencies, and no attorney can change these timelines.
However, by making sure that your application is complete, accurate, and well-supported, an attorney can help you avoid the delays that often result from mistakes or incomplete submissions.
Some factors are beyond anyone’s control, such as changes in immigration policy, shifts in government priorities, or unexpected backlogs at USCIS. While an attorney can help you respond to these challenges and keep your case on track, they can't eliminate all potential delays.
When to Seek Legal Help
If you’re facing delays in your immigration case or are concerned about the potential for delays, it’s wise to seek legal assistance as early as possible. Immigration attorneys can provide valuable insight into the process, help you avoid common pitfalls, and advocate on your behalf with USCIS. Whether you’re just starting your application or have encountered obstacles along the way, having an attorney by your side can make a significant difference in the speed and success of your case.
Reach Out to an Immigration Attorney Today
At Herhusky Law Office, PLLC, our team of experienced immigration attorneys is committed to helping clients traverse the often-complicated immigration process. While we cannot control processing times, we can provide the guidance, support, and advocacy needed to give your case the best possible chance of success.
If you’re dealing with an immigration matter in North Carolina, don’t hesitate to contact us to discuss how we can assist you in moving your case forward. We serve clients in Raleigh, North Carolina and throughout Durham, Greensboro, Fayetteville, Charlotte, Wilson Wilmington, greater North Carolina, and beyond.
