Immigration

The U.S. immigration system is burdened with ever-changing rules, regulations, and procedures. Failure to comply with them can mean delays, denials, or even deportation. This also means that improperly filled out or inadequately supported applications and petitions lead to unnecessary challenges and problems.

At Boyd Wentworth, our immigration attorney in Maine knows the journey to immigrate can be both exciting and daunting. We are committed to providing comprehensive legal guidance and advocacy to individuals, families, and businesses. Contact us today at (207) 536-7147 to schedule a consultation.

Understanding Immigration Law

Immigration law governs the legal rights, obligations, and processes involved in the entry, stay, and status of individuals in the United States. It encompasses a wide range of legal issues, including: 

• Family-based immigration involving spousal visas, fiancé visas, family sponsorship, and other processes to reunite families in the United States

• Employment-based immigration involving work visas, such as H-1B visas, L-1 visas, and employment-based green cards

• Nonimmigrant purposes involving academic or vocational studies, temporary agricultural work, other temporary or seasonal work, vacation, tourism, or family reunions

• Asylum and refugee law involving individuals fleeing persecution and seeking asylum and protection

• Removal defense involving individuals facing removal or deportation proceedings and seeking relief from removal and protection of their rights

• Citizenship and naturalization involving lawful permanent residents in the process of becoming U.S. citizens through naturalization

Various laws and regulations shape the immigration landscape. Three key sources of immigration law include:

1. Immigration and Nationality Act (INA), which is the foundation of U.S. immigration law and outlines the rights, categories, and processes for immigration to the United States;

2. Decisions of federal courts and the Board of Immigration Appeals, which interpret the INA; and

3. Executive orders and proclamations, which are issued by the President and can have a significant impact on immigration policies and enforcement

At Boyd Wentworth, we provide thorough, comprehensive immigration services. We go above and beyond to ensure applications or petitions are completed properly and in accordance with the law. We provide real advice, smart solutions, and strong defense strategies – all designed or tailored to your specific immigration issue. 

An Overview of the Immigration Process

The immigration process involves numerous steps, paperwork, and legal requirements. Key steps in this process include:

1. Assessing Eligibility. Our immigration attorney will evaluate your eligibility for various immigration options, such as family-based immigration, employment-based immigration, or humanitarian relief.

2. Document Preparation. Our attorney will guide you through the meticulous preparation and submission of the required documents, ensuring accuracy and compliance with immigration laws and regulations.

3. Petitions and Applications. Depending on your specific circumstances, we will assist in filing petitions, applications, and supporting evidence to the appropriate government agencies, such as U.S. Citizenship and Immigration Services (USCIS) or the Department of State.

4. Interview Preparation. If an interview is required, we will provide guidance on the interview process, help you prepare for the questions, and ensure you are ready to present your case effectively.

5. Case Monitoring and Follow-up. Throughout the process, we will monitor the progress of your case, respond to any inquiries from government agencies, and provide updates on important deadlines or developments.

The immigration process will differ from case to case, depending in large part on your purpose and where you are at in the process. At Boyd Wentworth, our immigration attorney can help you regardless of where you are in the process. Contact us at (207) 536-7147 to learn more.

An Overview of Removal Proceedings

The deportation or removal process in the United States involves individuals who may be ordered to leave the country due to violations of immigration laws. Though this process will vary based on individual circumstances, the specific charges, and available legal remedies, the following are key steps that may or may not apply in your unique situation. 

1. Issuance of Notice to Appear (NTA). The process typically begins when the U.S. government issues a Notice to Appear (NTA) to an individual. The NTA specifies the charges against the person and provides details about the scheduled court appearance.

2. Detention. In some cases, individuals subject to removal may be detained by immigration authorities, especially if they are considered a flight risk, a danger to the community, or have a criminal history.

3. Master Calendar Hearing. The individual is required to attend a Master Calendar Hearing before an immigration judge. During this hearing, the judge reviews the charges, the individual's response, and eligibility for relief from removal. The judge may also set future hearing dates.

4. Filing of Applications for Relief. If the individual is eligible, they may submit applications for relief from removal during subsequent hearings. This could include seeking asylum, cancellation of removal, adjustment of status, or other forms of relief based on individual circumstances.

5. Individual Hearing. A separate Individual Hearing may be scheduled to allow the individual to present evidence and arguments in support of their case. This hearing provides an opportunity to address the specific grounds for removal and present any legal defenses.

6. Order of Removal. If the immigration judge determines that the individual is removable and no relief is granted, an Order of Removal is issued. This order instructs the person to leave the country within a specified period.

7. Appeal Process. Individuals have the right to appeal a removal order to the Board of Immigration Appeals (BIA) if they believe there are legal errors or if they have additional evidence to present. Further appeals may be pursued in federal courts.

8. Enforcement of Removal Order. If the removal order is not successfully appealed, immigration authorities may take steps to enforce the order. This can involve detaining the individual until deportation or coordinating their departure.

In some cases, individuals facing removal may be offered the option of voluntary departure, allowing them to leave the U.S. voluntarily within a specified timeframe. This can have certain advantages, such as avoiding certain penalties, but it is also something you should never do without first consulting a removal defense attorney. 

Asylum

You can qualify for asylum if you were persecuted in your home country, and/or if you have a well-founded fear of future persecution in your home country, because of your race, religion, nationality, political opinion, or membership in a particular social group. Asylum qualification can lead to Lawful Permanent Resident status, often called a green card. Generally, you must file for asylum within one year of your arrival into the United States.

Persecution

Persecution involves serious harm or suffering. It must be more than mere harassment and often involves threats to life or liberty. The persecution must have been carried out directly by your government or by people who your government is unable or unwilling to control.

Protected Grounds

The persecution you suffered must be directly linked to your membership in one of the five following groups: race, religion, nationality, political opinion, or membership in a particular social group.

Race, religion, nationality, and political opinion are relatively easy to define. Membership in a particular social group (PSG), however, comes with its own set of rules. To prove a PSG, the applicant must establish that the group is (1) composed of members who share a common immutable characteristic, (2) socially distinct within the society in question, and (3) defined with particularity.

“Directly linked” means that you were persecuted because of your membership in one of these groups. This requirement is called “nexus.” Although this may seem straightforward, in practice, it can be difficult to establish nexus. This is one of the many reasons that it can be helpful to have an immigration attorney on your side.

Bars to Asylum

Common bars to asylum include: missing the one-year deadline; commission of a "particularly serious crime"; and firm resettlement in a third country. Our immigration attorney can help you navigate these bars and their complex exceptions.

At Boyd Wentworth, our immigration attorney has a deep working knowledge of asylum law and will approach your asylum case with compassion while fiercely advocating for you. Contact us online or call us at 207-536-7147 to schedule a consultation.

Special Immigrant Juvenile Status

Special Immigrant Juvenile Status (SIJS) offers a pathway to Lawful Permanent Residence, also known as a green card. It is a two-step process which is fairly complex. The first step is to receive an order from a Maine District Court finding that you are “dependent on the court” and that you meet the statutory requirements defining you as an “at-risk noncitizen child.” The second step is to file a petition with USCIS, the I-360. All of this must be accomplished before your 21st birthday.

To qualify for SIJS in Maine, you must be under 21; unmarried; and you must have suffered abuse, neglect, abandonment, or similar circumstances by at least one parent. “Similar circumstances” is often used to petition based on one parent's or both parents' death(s). The court must also find that sending you back to your home country or to your parents' home country is not in your best interest, and that you may not be reunified with the parent who harmed you or passed away. The court will also refer you to the Maine Department of Health and Human Services so that you can receive whatever benefits they provide that you might need, from medical care to help getting a job. 

Your parent(s) must receive notification (“service”) before the court makes these findings. Service is often difficult in these cases, especially when a parent is out of the country, so it is helpful to have an attorney on your side. 

The second step, filing the I-360 with USCIS, must also be accomplished before your 21st birthday. Along with the I-360, you must file evidence of your age and the order you received from the Maine court. Then, once a visa is immediately available, you may file an I-485 to get your green card. Knowing when a visa is immediately available is often difficult. Again, it is helpful to have an immigration attorney in these cases so that you can better navigate the USCIS process. 

At Boyd Wentworth, our immigration attorney has experience handling SIJS matters, from drafting initial state court pleadings to filling out the I-360. Contact us online or call us at 207-536-7147 to schedule a consultation.

Victims of Crime or Human Trafficking

There are special categories of visas for victims of specific crimes (called a U visa) and for victims of human trafficking (called a T visa). There is also a special visa category called VAWA, which is for victims of domestic violence suffered at the hands of a green-card holder or a U.S. citizen. These special visa categories involve complex requirements. For example, in the case of a U visa, you must submit a certificate from a law enforcement agency saying that you have been helpful in assisting them with the investigation they have undertaken into the crime you were a victim of. This can be challenging and it is helpful to have a compassionate, thoughtful attorney to assist you through the process. 

Common Challenges You May Face during Immigration

Immigration law is highly complex, constantly evolving, and subject to interpretation. Companies, families, and individuals alike often face various challenges throughout the journey. The following are some of the most common challenges people could face when fighting deportation or applying for a visa, green card, or naturalization.

Documentation Requirements

Gathering and submitting the required documentation can be challenging. Many immigration applications demand extensive paperwork, and failure to provide accurate and complete documentation can lead to delays or denials.

Language Barriers

Limited proficiency in English can be a significant barrier. Understanding legal documents, communicating with immigration officials, and navigating the immigration system can be challenging for those who are not fluent in English.

Changing Immigration Policies

Immigration laws and policies can undergo frequent changes. Keeping up with the latest regulations and understanding how policy changes may impact one's immigration status can be difficult for applicants.

Long Processing Times

The processing times for immigration applications can be lengthy. Delays in adjudicating applications can result in uncertainty for individuals and families, affecting their ability to work, travel, or reunite with loved ones.

Financial Constraints

The costs associated with immigration applications, filing fees, and legal representation can be significant. Some individuals may face financial challenges in covering these expenses, impacting their ability to pursue certain immigration benefits.

Lack of Legal Representation

Many individuals may attempt to navigate the immigration process without legal representation. However, having an experienced immigration attorney can significantly improve the chances of a successful application and help individuals understand their rights and options.

Health-Related Inadmissibility

Certain health conditions may render individuals inadmissible to the U.S. Navigating health-related requirements and obtaining the necessary medical evaluations can be a challenge for some applicants.

Criminal Convictions

Individuals with criminal records may face challenges in obtaining certain immigration benefits. Determining the impact of criminal convictions on immigration status and addressing related issues can be complex.

Limited Access to Information

Some individuals may struggle to access accurate and up-to-date information about the immigration process. This lack of information can lead to misunderstandings, mistakes, or missed opportunities.

Fear of Deportation

Individuals living in the U.S. without legal status may fear deportation. This fear can prevent them from seeking assistance or pursuing available legal remedies.

Family Separation

The immigration process can result in family separation, particularly if family members are in different stages of the immigration journey or face barriers to reunification.

Understanding the Different Visa Categories

Understanding the requirements of various visa categories, such as employment-based visas, family-sponsored visas, or humanitarian visas, can be challenging. Not only that, but choosing the right visa can also be difficult for some people especially when they may not understand the visa's purpose and requirements.

Addressing these challenges requires careful planning, access to accurate information, and, in many cases, legal assistance. Our immigration lawyer in Maine will walk you through the complexities of the immigration process while increasing the likelihood of a successful outcome.

Who Needs an Immigration Lawyer in Maine

You may need an immigration lawyer in the United States in various situations where legal expertise is beneficial or necessary. While not exhaustive, if you answer in the affirmative to any of the below questions, it is advisable to consult with an immigration lawyer today. 

• Do you find it hard to understand the immigration process itself? 

• Do you have a unique situation (e.g., cannot obtain a birth certificate from your country of birth because birth records were not maintained where and when you were born)?

• Are you seeking a visa or naturalization but have a criminal conviction?

• Do you want to work in the United States either temporarily or long-term?

• Do you want to reunite with family members in the United States?

• Has your application been denied and, as such, do you seek a waiver for certain grounds of inadmissibility?

• Are you seeking asylum or want to obtain refugee status, both of which require you to prove a well-founded fear of persecution?

• Do you want to invest or start a business in the United States?

• Do you need to change your visa status?

• Do you need to extend your stay?

• Do you want to become a U.S. citizen?

• Do you want to fight deportation?

For any of the above situations, it is a good idea to consult with an immigration lawyer. Getting personalized advice based on your specific situation will increase the likelihood of a successful immigration process.

Why Choose our Immigration Lawyer in Maine

Working with our immigration attorney offers numerous benefits, the first of which is our in-depth knowledge of complex immigration laws, regulations, and procedures. This knowledge ensures we provide accurate advice and representation. It also allows us to streamline the process so that deadlines are met, paperwork is filed correctly, and proceedings move forward efficiently.

You would also benefit from tailored strategies. We address your immigration needs while taking into consideration your unique circumstances. We believe this approach maximizes chances of success and helps you avoid potential pitfalls. Ultimately, we act as your advocate, representing your interests and presenting your case effectively in immigration court or during interactions with government agencies.

Contact an Immigration Attorney in Maine Today

Whether you want to immigrate for work or family, visit or study here, or fight deportation, having a trusted immigration law attorney by your side will make all the difference. At Boyd Wentworth, we are committed to providing comprehensive legal guidance, personalized strategies, and strong advocacy to individuals, families, and businesses who want to make sure they have the best chance possible for a positive outcome. 

Contact us today by filling out the online form or calling us at (207) 536-7147 to schedule a consultation and embark on your immigration journey with confidence.