4 Reasons To Hire an Immigration Lawyer in Tampa

There are many different reasons why someone might need to hire an immigration lawyer in Tampa. Get a breakdown of the most common reasons to hire an attorney.

In 2020, the U.S. Immigration and Customs Enforcement (ICE) office conducted 103,603 administrative and criminal arrests and 185,884 removals. 92% of the removals had criminal convictions or pending criminal charges.

Immigration laws in the U.S. are complex, so it’s always best to consult a professional with questions if you're an immigrant facing deportation.

Keep reading to learn more about what immigration lawyers do and when you might need to consult one regarding your immigration status.

What Is an Immigration Lawyer?

Immigration lawyers are independent practitioners, unconnected to the U.S. immigration authorities, who help clients deal with various visa and citizenship-related issues, including asylum petitions and visas for victims of persecution.

The United States welcomes an influx of migrants every year looking for work, higher education, or a more stable living and learning environment. As such, immigration lawyers can help with the process of gaining U.S. citizenship.

An immigration lawyer represents clients in courts of law or advises them about legal rights and obligations relating to immigration. They offer practical advice that is based on their knowledge of immigration law.

A person’s immigration standing might also intersect with other legal matters, such as criminal law, family law, business, and tax law. If you face any of the following situations, it’s high time to hire the best immigration lawyer in Tampa, FL.

1. You Want to Return to the U.S.

If you were deported, you need an excellent immigration lawyer to help you get back into the country.

A noncitizen that has been deported to another country may not be allowed to attempt to enter the U.S. for five, ten, or twenty years—or even permanently. The duration depends on the specific reasons for deportation.

For example, if you’ve committed a crime, this could result in additional penalties and more extended waiting periods.

You are “inadmissible” for a specific duration after being removed from the country. It doesn’t matter whether you received the order of removal during immigration court or by an officer at the border or an airport.

Regardless of your reason for deportation, your lawyer will design a plan of action to help you through the process. They will be your greatest ally during this period, so invest in an attorney with experience and a track record of success.

Re-Entering the U.S. Illegally

If you return to the U.S. without permission after a removal order, a judge can reinstate the order, and you may face deportation as soon as you are caught.

Suppose a customs official at the border believes that you were previously deported from the country. In this case, the process allows them to send you back without letting you see an immigration judge.

If you are found in the country after deportation and not following the required protocol, this can result in a felony federal crime.

2. You’re Facing Deportation

When you’re facing deportation, your worst enemy is time.

People detained by ICE will first be processed at an ICE Detention and Removal Office or a temporary holding facility (such as a county jail) for between 72 hours and two weeks.

New prisoners will often be transferred to new places of detention, which are often out of state and happen without prior notice. This could mean you might not get a chance to contact your loved ones or an attorney for legal representation that could help you.

Getting a lawyer might save you from deportation if things don’t go your way. The stakes are high, so it’s best to find yourself a good solicitor who will fight for your case in court.

Asking for a Bond

Some immigration detainees may request a bond hearing from the judge overseeing their removal proceedings. This petition can be either spoken in court or written and filed as a motion.

You can request the hearing orally at your first scheduled court appearance if you are in jail.

3. You Are Relocating to the U.S. for Work

You have to submit various documents to qualify for an employment visa.

If your company is offering an employer-sponsored visa, you will need an experienced immigration lawyer who can help with this complicated process. Your attorney will advise you on exactly what is required, sparing you time spent on making mistakes or submitting irrelevant documents.

Depending on the type of employment visa you are applying for, you will most likely need to find a job that would suit your skills, qualifications, and experience.

Here is an overview of the steps you will need to take with your employer to relocate to the United States for work:

1. Receive a job offer in the U.S.
2. Your future employer to apply for labor certification from the U.S. Department of Labor
3. Your future employer then files Form I-140 on your behalf (Immigrant Petition for Alien Workers)
4. The U.S. Citizenship and Immigration Service (USCIS) then passes your case to the National Visa Center (NVC)
5. When your priority date meets the most recent qualifying date, the NVC will instruct you to complete Form DS-260
6. You apply for a work visa and pay applicable fees
7. Send supporting documents to the NVC (photos, passport, evidence of financial support, marriage/birth certificates, and medical exam forms).
8. Attend an immigration interview at your local U.S. embassy
9. Receive your application decision

As you can see, you will have a great deal to prepare for when considering immigrating to the United States for employment. Consider getting an immigration attorney who can help you with the process on behalf of you and your family.

4. You Have Been Accused of a Crime

Crimes that could lead to deportation are called deportable offenses.

If you are an immigrant and are convicted of one of these crimes in the U.S., the Department of Homeland Security (DHS) may remove you from the country. They will do this no matter how long you have lived here or how well-established you are in the community.

The main categories of crimes that lead to deportation are:

• Aggravated felonies
• Crimes of moral turpitude
• Firearms offenses
• Crimes related to domestic violence
• Offenses related to controlled substances

Aggravated Felonies

Aggravated felonies are a class of crimes punishable by severe immigration consequences for non-US citizens who have been convicted. Federal law defines some 30 crimes as aggravated felonies; these include violent crimes such as kidnapping, murder, and rape.

Regardless of the name, a crime doesn’t need to be a felony to be called an “aggravated felony.” The offense also does not need to be violent to qualify. An aggravated felony is relatively subjective and is defined by United States Congress. Under current federal law, many “lower-level crimes” are considered aggravated felonies, including white-collar crimes.

Crimes of Moral Turpitude

“Crimes of moral turpitude” refers to certain types of crime that contain dishonesty or repulsive, depraved, or vile conduct that is shocking to a reasonable person.

Crimes that are viewed as those of moral turpitude typically include:

• Murder
• Aggravated assault
• Burglary
• Perjury
• Embezzlement
• Robbery

Note that these crimes must include some form of criminal intent, such as the intent to defraud. Crimes of moral turpitude do not include crimes that occur because of an accident, mistake, or a bad judgment call.

Firearms Offenses

U.S. immigration law states that a conviction for firearm-related charges may result in deportation or other consequences, as it’s classified as a crime involving moral turpitude.

A firearm offense will usually not result in deportation unless it involves the actual use or threatened use of a firearm. The mere violation of a law related to carrying a gun does not qualify as an aggravated felony.

Domestic Violence Crimes

Domestic violence crimes that affect immigration may include:

• A violent crime against a domestic partner (former or current)
• Child neglect, abuse, or abandonment
• Violation of a restraining order
• Stalking

With the right defense strategy, you may be able to keep yourself from being deported. An attorney may be able to negotiate a plea bargain and avoid deportation.

Controlled Substances Offenses

If you have committed a criminal act or are accused of wrongdoing, an immigration lawyer can help you secure your current immigration status and avoid deportation. When examining attorneys, it’s a good idea to look at prior cases they have worked on.

Lawyer skill and knowledge impact the success of a case, so the more reputable the lawyer you work with, the better your chance of being allowed to stay.

Not All Immigration Issues Require an Immigration Lawyer

Depending on your specific issue, you may not need to consult with an immigration lawyer.

For example, if you are visiting the U.S. for vacation and will be leaving within 90 days, you may not need a visa. However, if you’re not from one of the countries on this list, your passport might not allow travel without a visa.

There are many complex and confusing aspects of U.S. immigration law that can make the process daunting to navigate on your own.

Hiring an attorney can help you bypass these difficulties and complications and save you from wasting your time and money.

What to Expect When Working With an Immigration Attorney

An immigration lawyer will work with you to provide the necessary paperwork for your case. If your paperwork is approved, then your residency status will change. If your residency is denied, it will take time and money to appeal.

The likelihood of having your request to stay approved is also lower if you need to file an appeal.

Immigration lawyers can take your case and help you collect evidence that may be in your favor. But there is no certainty as to whether or not you will be allowed to stay in the country. This is why you need an experienced immigration lawyer to work with you every step of the way.

Choosing the Right Attorney for Your Immigration Case

You should speak with more than one attorney before deciding on one to represent you. Find someone who’s experienced and familiar with your situation.

U.S. immigration law is a federal issue, meaning you can get help with your immigration-related matters in any state, even if you currently live outside of the U.S.

Look for a Referral

If you’re looking for an immigration lawyer, we urge you to research before you find one that will suit your needs. Start by asking people in your network if they’ve ever used an immigration lawyer and what their experience was like.

You can also use the internet to find reviews and information on immigration lawyers by searching the terms "best immigration lawyer near me."

Research Credentials

When looking for a lawyer, search for someone who has the necessary capabilities for your specific case. Check out their credentials and case records.

To get reliable information about an attorney’s credentials, you will most likely find the information on their website, but you can also check with the bar association.

Request a Consultation

Once you think you’ve narrowed down your search to a specific immigration lawyer, the next best thing is to introduce yourself. A phone call or an email should suffice for that.

Ensuring you have the right lawyer for your case can start with a simple phone call. Ask them questions about what type of cases they have handled and see if they’re a good fit.

Most immigration attorneys will offer an initial consultation for free.

If you and your lawyer both agree to proceed, discuss the payment model. This can be either a fixed fee or an hourly rate. If the attorney quotes a fixed price, ask what is included and what extra charges might be incurred throughout your case.

Hire an Immigration Lawyer in Tampa Today

Not all attorneys have the experience to handle immigration law. A lawyer that is good at litigation or doing your taxes might not be the best fit to represent you in an immigration case.

It’s essential to have a Tampa immigration lawyer on your side who will do whatever it takes to secure your status in the U.S.

If you’re looking for an immigration lawyer, call the Pablo G. Martinez Law Firm. We’ll answer any questions you have about immigration law.

We have offices conveniently located in both Tampa and Miami to serve you. Book a consultation today to get started.