Applying for a U.S. Work Permit

Are you a foreign national who has been residing in the United States? If so, maybe you are thinking about starting a career in the U.S. But, before you start looking for a job, you must make sure you can do so legally. Not everyone living in the U.S. can legally work in the U.S.

One document that will enable you to legally work in the United States is a work permit. Let’s take a look at what a work permit is and how you can apply for one.

What is a work permit?

A work permit, also called an Employment Authorization Document (EAD), is a document issued to foreign nationals so that they can legally work in the United States. The U.S. Citizenship and Immigration Services (USCIS) is responsible for issuing work permits. USCIS will issue them only to a limited group of qualifying immigrants. Most of these work permits are valid for 1 to 2 years. It’s important to note that a work permit is not the same as a work visa.

Do you really need a work permit to have a job in the U.S.?

Yes, you do! If a company hires you and you do not have the legal right to work in the U.S., that employer could get fined or imprisoned. And, if you are working in the U.S. without proper documentation, you can also be fined or imprisoned. In addition to that, if you work in the U.S. illegally, it can disqualify you from getting a visa or from entering the United States in the future.  In fact, getting paid for working just a couple of hours can cause serious immigration issues.

Who needs to apply for a work permit?

Certain immigrant statuses, such as asylee and refugee, authorize the individual to work in the United States. However, they will still need a work permit to serve as evidence of their authorization to employers. Therefore, if you fall into this category, you will need to apply for a work permit.

You also may need to apply for an EAD even if you’re allowed to be in the United States. Residing in the U.S. does not always mean you have the authorization to work in the U.S. It’s important to see if the provision that’s permitting you to live in the United States also grants you authorization to work. If not, you can get work authorization by applying for a work permit.

You’re not required to apply for a work permit if you are a lawful U.S. citizen, if you have a green card, or if you have a work-based visa. Keep in mind that tourists visiting the United States and undocumented immigrants are not eligible for a work permit.

You can find a complete list of those who need to apply for a work permit on the Instruction Sheet for Form I-765.

How can I apply for a work permit?

Once you’ve determined that you need to apply for a permit, fill out the Form I-765. You will also need to attach the following with your application:

• Documents proving you are eligible for a work permit
• Two color photos of yourself (passport style)
• A copy of Form I-94 Arrival/Departure Record
• Payment for the filing fee

You can file your application online or by mail. The mailing address for your application can be found on the USCIS website. Don’t forget to make copies of all the documents you are sending by mail.

As of 2017, the filing fee for a work permit is $410. If you’re paying online, you can pay with a credit card, debit card or electronic transfer of funds from your checkings or savings account. If you’re attaching your filing fee to your application and mailing it, you can pay by check or money order.

After you’ve sent your application and all other required documents, it may take 4.5 to 7 months before you hear back about your work permit.

Don’t go it alone!

Are you still unsure if you should apply for a work permit? Do you have questions about how to fill out the Form I-765? Don’t worry! Immigration documents can be very complex. Thankfully, our attorneys at Robichaud & Alcántara P.A. are experts when it comes to Immigration Law. Let us help you with your work permit questions so you can start working as soon as possible. Contact us today by giving us a call or filling out the form below.

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How to Choose a Personal Injury Lawyer

Were you or a loved one injured in an accident caused by the negligence of another person? Do you think you are entitled to get compensation for lost wages, medical bills, property damage, and pain and suffering? You should make it a priority to find an experienced personal injury lawyer to represent your case.

You are likely already experiencing a lot of pain, stress, and frustration because of your situation. You don’t want your search for an attorney to add to your anxiety. To reduce your stress, we’ve compiled some tips to help you find the right lawyer for you or your loved one.

Where to Begin

One of the best ways, if not the best way, to find a good lawyer is through referrals. You likely know of a family member, friend, or co-worker who has used the services of a personal injury lawyer. Check with them and see if they can refer you to their lawyer. Or, if you already have a lawyer who practices other areas of law, they can often refer you to a trusted colleague who practices personal injury law.

There are also referral services that provide the names of lawyers who are in good standing with the state bar and they maintain liability insurance. But be cautious with these services. Some referral services only require lawyers to meet minimal requirements to be listed as a referral.

If you decide to use a referral service, do a little research first. Check to see what information they require the lawyers to provide. A good referral service should include the attorneys’ years of experience and specialty, in addition to their status with the state bar and if they maintain liability insurance.

Some lawyers may contact you soon after you are injured. They may know a lot of information about you and your accident. These individuals are often called “ambulance chasers”. In some parts of the United States, people are even being contacted while they are in the emergency room. If you are contacted this way by an attorney, it’s often an indication that they’re not very trustworthy. Steer clear of these lawyers.

Whether you choose to use a referral from a family member or friend, a referral service, or just do an online search for local personal injury attorneys, make sure that you meet and talk with them before making a decision. It’s often advantageous to have a free consultation with multiple attorneys before selecting who you want to represent you.

What to Look for in a Good Personal Injury Lawyer

After you’ve set up appointments to meet with various lawyers, you will need to prepare yourself for the initial consultation. Let’s look at 7 things you should consider with the attorney during your first visit with them to determine if they’re a good fit for you.

1. Experience

Ask the attorney how long they’ve been practicing personal injury law and if they specialize in any other practice areas. Keep in mind that more is not always better when it comes to areas of practice. A lawyer that practices too many different types of law can’t specialize in everything. To help you determine how much experience they have in personal injury law, you can ask them what percentage of their cases are personal injury cases.

It’s also a good idea to ask them how much experience they have representing the defendant. If they have a lot more experience representing the plaintiff in personal injury cases, this could mean that they think more like the insurance company. Having that mindset, they may encourage you to settle for less, because they are thinking about how the insurance company will fare in the case. This could be detrimental for your case.

2. Resources

This may not seem very important, but it’s common for one personal injury case to cost over $100,000. Lawyers often need to consult with doctors and hire other professionals for the case. These professionals charge a fee for their investigation, deposition, and appearance in court. Then there are court costs, administrative expenses, and filing fees that can add up quickly. Make sure the attorney has enough resources for your case. They should either have enough personal assets or a line of credit that will enable them to see your case through to the end.

3. Past Clients

Speaking with past clients can give you valuable insights into what kind of lawyer you’re dealing with. A reputable lawyer should let you speak with their past clients. To help you determine if they were happy working with that attorney, ask them questions about their experience. Did they win their case? Did they have any issues working with the lawyer? If the lawyer doesn’t want you to talk with their previous clients, this could mean they have a bad reputation. You don’t want to get stuck working with a less-than-reputable attorney, so don’t work with someone who wants to hide past experience.

4. Track Record

After learning that the attorney has a good reputation with their past clients, you should check to see if they have a reputation for winning cases like yours. For example, if you have a million dollar case, you want to make sure they have won million dollar cases in the past.

It may sound like a no-brainer, but you should find out if they’ve ever taken a case to court. Some attorneys just try to get their clients to settle and never actually go to court. And insurance companies will know if they’ve never been to court. They’ll take advantage of that fact and make ridiculously low offers and try to get you to settle outside of court. Always get a lawyer that has had courtroom experience.

5. The Case

Personal injury cases usually require a lot of research and documentation. It’s very common that multiple people are assigned to help with the case. Check with the attorney to see if there will be other lawyers or paralegals working on your case. Ask to meet with them and ask about their qualifications, as well. You don’t want to hire a great lawyer only to find out that a different, less experienced attorney is actually working the case.

6. Estimates

Although attorneys can never guarantee the length or outcome of a case, competent lawyers can provide an estimate of how long the case will take. Don’t expect it to be over quickly. Personal injury cases take a lot of time. If any attorney you meet with guarantees a quick settlement and fast cash, they’re deceiving you. Find another lawyer.

7. How You Feel

After talking with the attorney, do you both feel comfortable about how you want to proceed? Whether you want a settlement, more money than what the insurance company has offered, or to get as much money as you can, make sure everyone is on board. You should never feel pressured to make any decisions, and the attorney should not force you to settle. Also, make sure that you feel comfortable working with the attorney as an individual. If you have any hesitations, keep looking.

It’s very important that you consider these factors in your search for a personal injury attorney. Their responses can reveal much about their expertise and integrity as a lawyer. Use their responses to help you determine which attorney you will trust to represent you and your personal injury case.

What’s Next?

Discuss the basics of your case with your lawyer and talk about how you want to proceed. This initial consultation should be free. If a lawyer wants to charge you just for talking about your case, go to another office.

Bring all documentation related to your accident with you on your consultation. This way the attorney can get an idea of what will be involved in your case. Bring items like:

• Police reports
• Medical records
• Bills
• Loss of income information
• All correspondence with the insurance company

Talk with as many lawyers as you need to before making a decision. You want to feel comfortable with the attorney and how they suggest you proceed with your case. Before moving forward, you should have confidence in their experience and knowledge of personal injury law.

Once you decide who you want to represent you for your personal injury case, you will need to create an agreement. Make a clear, written agreement laying out all the fees and expenses for your case. The majority of personal injury lawyers work on a contingency fee basis. This means they will only get paid a percentage if you win your case. This should be clearly stated in the agreement. Don’t hesitate to ask questions about any of the expenses.

Experienced Lawyers who Care

As you’ve likely concluded, a good personal injury lawyer can be hard to find. At Robichaud & Alcántara P.A., we have multiple attorneys that specialize in personal injury law. If you’d like to have a free, initial consultation with an experienced personal injury lawyer who will take the time to listen to your concerns and work their best to defend your case, contact us today.

 

Quick Reference Guide

How to Choose a Personal Injury Lawyer

Finding a Lawyer

• Get a referral from a family member or friend and/or
• Get a referral from your lawyer and/or
• Use a reputable referral service and/or
• Contact one of Robichaud & Alcántara’s experienced attorneys

What Should I Bring to the Consultation?

• Police reports
• Medical records
• Bills related to your accident
• Loss of income documentation
• All correspondence with the insurance company

Asking the Right Questions

• How long have they been practicing personal injury law?
• How much experience do they have representing the defendant?
• Do they have enough resources to cover the costs of my case?
• Can I speak with their past clients?
• Do they have a good reputation with their past clients?
• Have they won cases like mine before?
• Have they taken cases to court?
• Who will be working on my case?
• About how long will my case take?
• Do I agree with how the lawyer wants to proceed with my case?
• Do I feel comfortable with the lawyer?
• What are their fees and expenses?
• Do they work on a contingency fee basis?

Once you decide which lawyer you want to represent you, have them create a formal, written agreement spelling out all fees and expenses.

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Who Is Eligible for an Immigration Bond?

Do you have a loved one who is in the custody of immigration authorities? If so, it doesn’t mean that they have to stay in custody until their trial. They have options. These include getting an immigration bond. This bond can release them back to their family until they have their court hearing.

But, how do you know if your loved one qualifies for an immigration bond? This article will explore what makes someone eligible or ineligible for an immigration bond.

Who decides if someone qualifies for an immigration bond?

U.S. Immigration and Customs Enforcement (ICE) will decide if someone is eligible for an immigration bond. Once your loved one is in custody of ICE, they’ll be told if they qualify for a bond or not. If they’re eligible, ICE or an immigration judge will determine the amount for the bond.

Why is this important? Because there are certain factors ICE looks at to figure out if someone qualifies. Knowing what these are can help you fight for your family if you feel they’re being treated unfairly.

Who’s eligible for an immigration bond?

To be eligible for an immigration bond, your loved one will need to meet certain requirements. These requirements are:

1. They cannot be a flight risk. This is someone who is likely to miss their court hearings or someone who may run away from the authorities.
2. They can’t be a danger to the community or to property.
3. They can’t have a previous order to be removed, or deported, from the United States.

Even if they have committed certain crimes in the past, they may still be eligible for an immigration bond. Make sure your family member or friend speaks with an immigration lawyer about their situation. The lawyer will be able to help them see if they qualify for an immigration bond.

Who isn’t eligible for an immigration bond?

Not everyone will qualify for an immigration bond. For example, if your loved one tried to enter the U.S. illegally and was detained, they may not be eligible for an immigration bond. This might be grounds for mandatory detention. This means that they will have to stay in custody until their legal case is finished.

There are other factors that could prevent your loved one from qualifying for an immigration bond. If U.S. immigration authorities ordered them to leave the country in the past, they may not be eligible. Also, if an immigration judge finds them a threat to the country, they could be deported for terrorist activities.

In addition, there are certain crimes that will prevent individuals from qualifying for an immigration bond. If your friend or family member has been convicted and detained for one or more of those specific crimes, they may not be eligible for a bond.

When to request a hearing

There are certain situations where your loved on may feel the need to request a court hearing. They can do this by a written or an oral request. Make sure that they speak with an immigration lawyer when requesting a hearing.

Some common reasons why they may ask for a hearing are:

• If they think they qualify for an immigration bond, but didn’t receive one. In this hearing, your loved one will be able to explain why they think they qualify for an immigration bond.
• If they think their bond amount is too high. They can go before an immigration judge and explain why the bond amount should be lowered.
• If their circumstances have changed while they’ve been in custody. They can ask the immigration judge to reconsider their custody status.
• If they feel that they have been detained for an excessive amount of time.

Things to keep in mind

Each immigration case is unique. Even though your loved one may meet the requirements for an immigration bond, there is no guarantee that they will get the bond. And there is no guarantee that your requests for a court hearing will be granted.

The best thing your family member or friend can do in this case is to speak with an immigration lawyer right away. At Robichaud & Alcántara P.A. our immigration lawyers are experts in immigration bonds. We know the complexities of the immigration laws and are ready to fight for you and your loved one. Contact us today by filling out the form at the bottom of this page.

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Do You Need an Immigration Attorney to Win?

Submitting an application is very common nowadays. Whether, you’re applying for a job, insurance, or a loan, you know how to complete an application and submit it. You might think that immigration applications are just as easy.

But, immigration is the one place where you can’t afford to make a mistake. The immigration system is part of Federal Law and is difficult to navigate on your own. For example, even if you complete your application perfectly, something as simple as changing your address could delay the immigration process for months.

An experienced immigration attorney can help you understand this complex legal system and even get information from the USCIS that the average person can’t. This makes choosing the right immigration attorney essential to success.

What are the signs that you need an immigration attorney right now? Let’s look at a few cases where you should consider hiring an attorney.

When Do You Need an Immigration Attorney?

There are lots of signs that you need the help of an immigration attorney. These are some of the most common issues that require the help of an experienced attorney.

You Don’t Know What You’re Eligible for

Knowing which immigration options you qualify for will help you choose the application that’s most likely to be accepted. The hard part is knowing what you actually qualify for since there are many requirements. Your attorney will be able to review your case and paperwork to find the best options for you.

You’re Requesting Discretionary Relief

Standard immigration procedures are easier to complete since they have a clear process. But, requesting asylum or a waiver is much more complicated. Your immigration lawyer can help you persuade immigration officials to look closely at your case and they may offer you options that aren’t available to everyone.

You’re Planning to Work for a US Employer, but They Aren’t Providing Immigration Assistance

Securing a work visa can be easier when your employer understands the process and completes the steps for you. But, when they are unable or unwilling to provide their support, you’ll need an expert. Your attorney can help you complete the necessary steps quickly so that your new job isn’t put in jeopardy.

Your Previous Applications Were Denied

A denied application can be a sign that you don’t understand your case as well as you should. To give your next application the best chance of being accepted, you should work with an attorney. They’ll be able to choose the right process for you and complete the steps accurately and quickly.

Your Application Was Delayed and You Don’t Know Why

It can be frustrating when your application isn’t moving forward. Sometimes a simple change of address can cause your application to be lost. Some attorneys may have access to an inside fax number or email address that’s not available to the general public. Using this, they may be able to get you answers faster.

Finding an Immigration Attorney Who Can Move Your Case Forward

If you feel stuck, then get help. Immigration is an important issue that affects you and your family’s well being. Our team of experienced Minneapolis immigration lawyers would be happy to review your case and help you find solutions that work.

Use the form below to schedule your free consultation. We’re looking forward to helping with your immigration needs.

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What Questions Should I Ask My Immigration Lawyer?

There are a lot of Minneapolis immigration lawyers to choose from. How can you find the right attorney for your case? Since your legal needs are unique, you should interview a few lawyers before choosing one to represent you. Try asking these questions during the interview to find an attorney that you trust to represent you.

Before setting up an appointment ask:

Do you speak the same language as me?

It’s important to ask if the attorney speaks your native language. If they don’t, ask for an interpreter to help you during your appointment. You want to make sure that you understand everything they say and that you can clearly explain your situation. If you give them the wrong information, it may take longer for the lawyer to start your case, and it could affect the outcome.

What documents and papers do I need to bring?

Attorneys need complete information about your case in order to represent you well. When making your appointment, ask what papers, documents, and identification you’ll need to bring with you. This will make the first meeting less stressful for everyone, and it will help the attorney get started on your case right away.

During the appointment ask:  

How long have you been practicing immigration law?

When you interview for a job, they’ll ask if you have any experience doing that type of work. Since you’re interviewing the attorney, you can ask them the same questions. Ask how long they’ve been practicing immigration law. Attorneys should be happy to share their certificates, diplomas, and license information with you. In fact, many lawyers have them hanging up in their offices. You can also ask them if they’ve ever dealt with a case like yours. Asking questions like these will help you determine how qualified they are to represent you.

What are your fees?

Law firms usually charge by the hour for their services, while some may charge a flat rate for certain cases. Make sure to ask your attorney for an estimate of the cost to represent you. If you have limited funds, check to see if the attorney will allow you to pay in installments.

How will you start working on my case?

Ask your attorney what the next steps are in the legal process. They won’t know exactly how long your case will take, but you can ask them when they think the process will start and end. Your attorney should be confident enough to give you an estimate, but realistic enough to account for delays. Be sure to ask if there’s something you can do to speed up the process and increase your chances of success.

If you plan to be out of the country while your case is being worked on, ask your attorney how they will send updates about your case. While traveling, make sure you’re close to a place that has cell phone or internet service so that you can get calls and emails from your lawyer.

Who will be working on my case?

Attorneys have assistants and paralegals to help them with their cases. Ask your attorney if anyone else will be working the case. If possible, meet with them in person and ask about their experience in cases like yours. Get everyone’s contact information and find out if they want you to communicate with them by email, phone calls, or text message. This will help you get in touch with them quickly and get answers when you have an important question.

Why should I choose you?

Just like in a job interview, you can ask the attorney why you should choose them over your other options. You can also ask for references to see if other clients liked working with them.

Other questions

These are a few questions you can ask an attorney during your interview. Try to think of other questions specific to your case and add them to this list. If you don’t like how the attorney answers your questions, or if you don’t feel comfortable with them, then find a different lawyer.

Minneapolis Immigration Lawyers You Can Trust

Here at Robichaud & Alcántara in Minneapolis, we specialize in immigration cases involving citizenship, family petitions, deportation defense, asylum, U Visas, and a variety of other legal services. If you’re in need of assistance, then we can help. We’ll listen closely to your needs, provide personal attention, and do everything in our power to help you with your immigration case. Schedule a free consultation using the form below.

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3 Things You Need to Know About Marriage Visa Requirements

Some think that marriage is the easiest way to establish their immigration status. It’s true that a marriage-based visa can be a good option whether you or your spouse are married to a US citizen. But, not everyone meets the marriage visa requirements.

In this article we’ll look at three marriage visas requirements you must meet before applying for a marriage visa.

1. You Need to Be Legally Married

The first requirement for getting a marriage visa is that you need to be legally married. Living together isn’t enough to qualify. The marriage must be legally recognized and you should have a marriage certificate to prove it.

It doesn’t matter what country you got married in. All that matters is that the marriage is recognized by the government of the country where you were married and that you have documentation to prove it. If you were married abroad, it’s also possible that more than one type of marriage is legally recognized.

For example, many countries recognize common law marriages. This is when even you’re recognized as married even though no formal marriage arrangement has taken place. Requirements for this type of marriage may include both spouses having consented to the marriage, living together for a certain time period, and having the reputation in the community as being married. If you’re in this situation, contact your lawyer to find out whether your relationship qualifies as a legal marriage.

2. Your Marriage Needs to Be Real

Getting married just to get a green card or marriage visa is illegal. To prevent these illegal marriages, the government requires more than a marriage certificate to deem a marriage legitimate. The USCIS has the goal of uncovering fraudulent marriage and look at multiple factors when examining a case.

A previous marriage can quickly derail your case if it’s not handled correctly. If you were married in the past, then consider these questions:

• Are you married to someone in another country?
• Did your previous marriage end legally?
• Do you have the legal documents to prove that your previous marriage has ended?

If you haven’t ended your previous marriage legally, then the USCIS may consider your marriage to be a green card marriage ending your chances of getting a visa.

3. Your Spouse Needs to Be a U.S. Citizen or Permanent Resident

It’s only possible to apply for a marriage visa if your spouse is a U.S. Citizen or a permanent resident. This means that it’s not enough for your spouse to have a temporary visa or work permit. Here are a few questions to help you determine if your spouse is a U.S. citizen:

• Were they born in the U.S.?
• Did they become a citizen through naturalization testing?
• Did they get citizenship through a family member?

If you answered yes to any of these questions, then it’s likely that your spouse is a U.S. citizen.

What If My Spouse Is a Permanent Resident?

If your spouse has a green card it is still possible to apply for a marriage visa. The difference between a permanent resident and a U.S. citizen is that a permanent resident can lose their status. This can affect you, especially since the naturalization process can takes years.

If You Meet the Requirements and Want to Get Started

If you meet the requirements so far you can start the application process for your green card. To get started talk to one of our expert immigration lawyers. They’ll help you review your case, figure out next steps, and get you on the path to citizenship.

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How to Get the Most From Your Free Immigration Lawyer Consultation

Before starting your immigration process, you probably have a lot of questions that you’d like answered. This is totally reasonable. Immigration can be complicated and you might be wondering what the best way to approach your specific situation is.

While you can find good general information online, that information isn’t tailored to you. So, a free immigration consultation is the logical next step for understanding what you should do. How can you find Minneapolis immigration attorneys that offer free consultations? How can you get the most out of that consultation? Let’s find out.

Finding Immigration Attorneys That Offer Free Consultations

Not every attorney offers a free initial consultation. Since it’s not something that’s required, each law firm can do what makes sense for their business. This means that you need to do the work of finding immigration attorneys that can provide you with a free consultation. How can you do it?

• Talk to friends and family: People you already know may have dealt with the immigration process before. Ask them which attorney they used, how satisfied they were with the process, and if they would recommend them. Add these attorneys to your shortlist.
• Do a Google search: Check online to see which immigration attorneys are in your area. As you look at their website, see if they clearly say that they specialize in immigration cases and if they offer free consultations. Add the best options to your shortlist.
  
• Call the law firms: Remember that an attorney’s website might have outdated information. The best way to be sure that they offer free consultations is to call and ask. Find out what the consultation includes and get confirmation that you won’t be charged anything.

After following these steps, try to narrow your list down to 2 or 3 law firms. Set up your free consultation with them and go to each consultation before you decide which law firm to choose.

Before you go to your consultations you should prepare yourself. What do you need to get ready to ensure you get the most from your free consultation?

Getting the Most Out of Your Immigration Consultation

You don’t want to waste a free consultation because you weren’t prepared. Instead you want to give the attorney a clear picture of your current situation and what you want to achieve. This will help them tell you what they can do for you, how long it might take, and how much it might cost.

There are basically two things that you need to prepare before your free consultation:

• Any documents or letters you already have: It’s important that your attorney understands your current immigration status. Bring in any immigration documents, completed forms, letter/notices, or court documents that you have. Letting the attorney review this information will help them see things that you might not see or be able to communicate.
• A list of questions to ask: Preparing a list of questions will help you to stay on track when speaking to the attorney. Remember that the consultation is your time to ask questions and have the attorney convince you that they can successfully handle your case. Questions might include: What percentage of your cases are related to immigration? Will you handle my case personally? What will you do to help me? Why are you a better choice than the other attorney I’m speaking with?

After your consultations, compare the answers that each attorney gave. Which attorney had the best answers? Which attorney did you feel the most comfortable with? Don’t agree to anything during the initial consultation. Instead give yourself time to think calmly before making your choice.

Set Up Your Free Immigration Consultation

Our team of Minneapolis immigration attorneys would be happy to help you understand your options. Use the form below to schedule your free consultation and make sure to get your list of questions ready. We look forward to speaking with you.

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Do I Have a Valid Personal Injury Case?

If you were recently the victim of an accident, injury, or emotional trauma, then you may be wondering what your legal options are. Unfortunately, not every injury entitles you to compensation. So, it’s important to think through everything that caused your injury before acting and make sure you have legal grounds for your claim.

What Are the Necessary Grounds for a Personal Injury Case?

In general, personal injury cases need to have two basic grounds. If your injury doesn’t meet these two conditions, then you may not have a case.

• Is the harm clearly defined? If you can’t clearly show how you were injured, then it will be difficult for a judge or mediator to see how you were affected. If a doctor or another medical professional can verify that you’ve been injured or experienced trauma, then it’s likely that the harm is clearly defined.

• Was the other party negligent in their duty toward you? For the other party to owe you compensation, they must have a pre-established obligation toward you. For example, a business owner has a responsibility toward their customers to keep their place of business safe. A driver on the road has a responsibility toward other drivers and pedestrians to follow traffic law. If another party failed to fulfill their obligation toward you, then you may have a personal injury case.

If you answered no to one or both of these questions, then we recommend speaking with a personal injury attorney. It’s possible that they’ll find something that you missed, which will allow you to pursue your personal injury claim.

If you answered yes to both of these questions, then it’s likely that you do have a personal injury case. What information should you gather before asking a personal injury lawyer to prepare your case?

Gathering Documents for Your Personal Injury Case

The next step in preparing your personal injury case is gathering documents that can act as evidence. If you want to make a personal injury claim, then it’s your responsibility to gather and present evidence with the help of your attorney. Completing this step is essential to presenting a strong case and will increase your chances of winning. The documents that you gather should include:

• Official reports: When an injury occurs it’s possible that a police report was filed, especially in the case of a car accident. You should request a copy of this report, as well as any other official record of the incident. This may include an incident report created by a business-owner or a recorded statement submitted to an insurer.

• Medical records: Having a full record of diagnosis and treatment received will help you prove that you were the victim of an injury or trauma. Request copies of your medical records, as well as any prescriptions or restrictions that were written by your physician.

• Photographic evidence: Taking photographs of your injuries, the scene of the incident, and any other contributing factors can help establish your case. Gathering any relevant photos or security camera footage is also helpful if your case goes to court.

• Witness statements: If there were other people around at the time of your injury, then you should get them to say what they saw in an eyewitness statement. If no statements have been made up to this point, then wait until you meet with your attorney. They’ll help you gather statements in a way that would be admissible in court.

Don’t skimp on your search. These documents will be used as evidence during your case and are key to receiving compensation. Thoroughly searching for each type of evidence will help you present a more complete case and increase your chances of winning.

Expert Minneapolis Personal Injury Attorneys

Our Minneapolis team includes many experts in personal injury law. We want you to receive the compensation and help that you deserve.

If you aren’t sure whether you should pursue your case, then contact us. We’ll review your case and any documents you have to help you understand the best way to proceed. Schedule a free consultation to get started.

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What to Prepare before Meeting with a Personal Injury Lawyer

Preparing for your meeting with your personal injury lawyer can help you get more value out of your meeting. You’ll be able to quickly get your lawyer up to speed helping you resolve the case faster and save money. What are the essential things you should do before going into their office?

Gather Evidence

If you want a successful resolution, then you need to have proof of your injury and the damages it has caused in your life. Here are a few things that can help strengthen your case:

• Go to the doctor. If you haven’t visited a doctor, then you’ll have a hard time proving that your injuries were significant.
• Organize your documents. It’s important to bring all of the documents related to your case to the attorney’s office. These documents could include medical bills, emails, photos, police reports, medications and other services you required due to the accident.
• Find witnesses. If you there were any witnesses, then you should have their contact information on hand.
• Take notes. Documents the ways your injury has affected your life, routine, and finances. Keeping a journal is also a good way to show how your injury is affecting you emotionally and psychologically.
• Record important dates. You should organize all important dates related to the case in one place, such as the date you were injured, when you visited the doctor, and so on. It could be helpful to put these on a calendar or agenda for easy reference.

Prepare a List of Questions

You want to resolve the case quickly and be compensated fairly for your injuries. This means that you’ll need to entrust your case to the right attorney. Lawyers have a variety of specialities, so you’ll need to make sure they have the right skills for your case. Below are a few questions you can start with:

• How many personal injury claims have you handled?
• How many did you win?
• Would you handle my case personally? If not, can I talk to the person who will handle my case as well?
• Do you see any problems with handling my case?
• Is there a maximum amount of time you’re willing to spend on my case?
• Do you have any ideas for handling my case?
• Would you bring in any experts to help prove my case?

Remember your goal is to find out if the lawyer is a good fit for you, so ask questions that are specific to your case. Personal injury cases aren’t always resolved quickly. By asking these questions, you’ll find someone that you can work with long-term.

Determine the Costs

No matter how you feel about discussing money it’s something you can’t gloss over. Your resources are limited and you want to make your money last until you get a successful resolution. Below are some common financial terms that can help you better understand the costs relate to your case.

Contingency fee: This is a percentage that the lawyer receives after resolving your case. Sometimes the lawyer won’t ask for any money up front and will work for the contingency fee. If you’re planning on working with this arrangement it’s important to fully understand the terms of the agreement. Ask questions about the total percentage and what happens if you lose the case.

Out-of-pocket expenses: These are the expenses that you’ll have to pay that aren’t covered by insurance or included in the contingency fee.

Carry the case: This is when the law firm is willing to wait for judgement on your case to receive payment.

Retainer: This is money you give the lawyer to guarantee their services. It’s a good idea to ask if you’ll get this money back after the case is resolved.

A good lawyer will make sure that you understand your arrangement with them and be transparent when talking about money. At Robichaud & Alcantara, P.A. we help our clients understand their options, and prepare to win their case. If you’re having trouble navigating your personal injury case, contact us for a free consultation today.

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Can marriage to a US citizen stop deportation?

The short answer is no. Marriage alone won’t stop deportation or prevent you from being deported in the future. But, marriage to a US citizen can make it easier to establish your legal status in the United States.

If you or your spouse is an undocumented immigrant, then what are your options?

Your Immigration History Makes a Difference

After marriage, spouses are legally viewed as “immediate relatives.” However, you’ll only qualify for a green card if you meet one of the rare conditions for adjustment of status. Unfortunately, the majority won’t qualify for these conditions.

What you qualify for will depend on your immigration history. For ease of use, we’ve divided your options by case. Read the one that best describes you.

I have entered the country illegally two or more times

It will be more difficult for individuals who have entered the country illegally more than two times to establish their legal status. Especially if their total stay was longer than one year or they illegally entered the country after being deported.

If this is your situation, it’s possible that you could be permanently barred from returning to the United States. Your best option is to seek counsel from an immigration attorney, who will find the best option for you.

I have entered the country illegally one time and my stay was longer than 6 months

Establishing your immigration status is easier if you’ve only entered the country illegally one time. But, you still need to act quickly and complete the right process to successfully establish your immigration status.

You will be expected to leave the country and complete the green card application process at a US consulate in your country of origin. However, leaving the country could result in being barred from returning to the United States for 3-10 years. To avoid this from happening, you need to apply for a waiver.

This waiver requires you to provide strong evidence that your relative will suffer extreme hardship if left alone in the United States or if they were forced to live in your country of origin. Read this list to understand what qualifies as extreme hardship.

Once this waiver has been approved you’ll be able to complete an immigrant visa application and return if it’s approved without the 3-10 year waiting period.

I have entered the country illegally one time and my stay was less than 6 months

If your stay in the country is less than 6 months, then the simplest option is to return to your country of origin and apply for an immigrant visa. These are generally issued without too many problems since your stay in the country didn’t exceed 6 months.

Pursue the right option with the right partner

Knowing all of your options is essential to successfully stopping deportation and establishing your immigration status in the country. To do it confidently, you need to find a trusted immigration attorney.

At Robichaud & Alcántara our Minneapolis-based attorneys are specialists in immigration law. We’ve helped many clients successfully stop deportation and legally immigrate to the United States. If you still don’t know what comes next, then schedule a free consultation and let us help.

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How to Stop Deportation (6 Common Options)

Facing deportation is a stressful situation for you and your loved ones. But, it doesn’t mean that you’re out of options. In this article, we’ll discuss a few common ways to stop deportation.

Deferred Action (DACA)

Deferred Action is when the government agrees to not take action on your case for a limited amount of time, usually 2 years. Afterward DACA recipients can apply for a work permit and social security number, giving them access to essential documents like a Driver’s License. If you are currently benefiting from this agreement or want to apply, you should talk to an immigration attorney since the status of the program is shifting.

Adjustment of status

Adjustment of status is a process you can use to apply for lawful permanent residence without leaving the country. Typically these options are available to people who have entered the country legally. An immigration attorney will help you understand if this option will work for you.

But, what if you didn’t enter the country legally?

Cancellation of Removal and Adjustment of Status for Certain Non-Permanent Residents

This act can help you stop deportation, but you need to make sure that you meet the strict requirements. Some of the requirements include:

• Having lived in the U.S. without leaving for 10 years or more.
• Being a person of good moral character.
• Not having a conviction that includes serious offenses.
• Your removal would cause unusual hardship to another qualifying United States citizen, for example, a spouse, parent, or child.

Violence Against Women Act (VAWA)

If you have been a victim of abuse or extreme cruelty you may be able to apply for a cancellation of deportation. Among other things you’ll need to have proof of residence in the U.S. for 3 years and a good moral character. Taking advantage of this act can help you get a green card and provide a path to citizenship.

Asylum

If you came to this country seeking protection from persecution based on race, religion, nationality, social group, or political opinion you may qualify to receive protection through Asylum. Successfully applying for Asylum can help you get a work permit and eventually a green card, but you must fall into one of the mentioned categories.

Withholding of Removal Under Section 241 and Under the Convention Against Torture

Withholding of removal can stop deportation based on danger you’ve experienced in the past or may experience in the future from your home government. This process can also be used if you may experience serious harm upon returning to your home country.

The Convention Against Torture or CAT specifically protects those who could be tortured when returning to their home country. To take advantage of this act the person would need evidence to prove this possibility, such as evidence of past torture.

Unlike Asylum, it’s usually not possible to apply for permanent residence after receiving the benefits of these acts. But, they can help you stay in the U.S. and receive work permits.

What can you do?

These are just some of the options available if you’re facing deportation. Since your options vary greatly depending on your situation, it’s best to talk to an immigration lawyer to understand your options.

Our Minneapolis law firm, Robichaud & Alcántara, would be happy to help you understand your legal situation. Contact us today to learn what you can do to stop deportation.

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What the DACA Injunction Means for Your Immigration Status

On Tuesday, January 9, 2018 a federal judge in California issued an injunction against President Trump’s decision to end the DACA (Deferred Action for Childhood Arrivals) program. This injunction will temporarily block Trump’s plan, which would have started rescinding work permits and put “dreamers” at risk of deportation as of March 5, 2018.

Some DACA recipients feel that they’ve won a major victory, while others worry that the injunction is only putting off the inevitable. What does this injunction really mean for you? What steps can you take to protect yourself legally?

DACA’s Future Is Still Uncertain

This injunction could temporarily allow recipients to submit renewal applications. But, this all depends on how the Department of Homeland Security decides to respond to the injunction.

Because of this, we recommend that you immediately contact an immigration attorney to discuss whether you should renew at this time. This step will make sense in some cases and an experienced attorney can help you decide if it’s right for you.

What You Can Do

Regardless of DACA’s fate, you may have other options for establishing your immigration status. We encourage you to schedule a free immigration consultation with one of our attorneys. Our experienced team will help you explore every option available to you and can help you start or continue your immigration process.

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What You Need to Know about Temporary Protected Status for Salvadorans

On January 8, 2018, the Office of the Press Secretary released the following statement:

“Today, the Secretary of Homeland Security announced her determination that termination of the Temporary Protected Status (TPS) designation for El Salvador was required pursuant to the Immigration and Nationality Act. To allow for an orderly transition, she has determined to delay the termination for 18 months. The designation will terminate on Sept. 9, 2019.” — Read the full statement.

This decision will affect over 200,000 Salvadorans who received TPS (Temporary Protected Status) after a series of earthquakes hit El Salvador in 2001. This status allowed Salvadorans to live in the United States for over 15 years regardless of their immigration status. Its termination will affect many including their children with American citizenship.

What It Means for You

TPS will end on September 9, 2019. Over the next 18 months, anyone who previously benefited from TPS will need to find another way to establish their legal status in the United States or return to El Salvador. Many are worried about having to go back to El Salvador with their children who were born and raised in the United States.

If you’re in this situation, what can you do? An experienced immigration attorney can help you understand how this change will affect you. They can also help you start the immigration process, so that you can legally stay in the country after the changes take effect.

Know Your Options

To learn what immigration options you’re eligible for, contact us for a free screening. Robichaud & Alcántara’s team of experienced immigration attorneys will help you navigate the current immigration system and find the right solution for you.

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How to Choose an Immigration Attorney

 

Immigration is a stressful process, it can change your life or that of your loved ones. It’s hard because laws and policies are being updated faster than ever. This makes it hard to know your options and rights. How can you make a good decision while under pressure?

An immigration lawyer can be a partner who helps you make good decisions, and find the options available to you. But, the problem is there are a lot of dishonest people who take advantage of immigrants. How can you choose the right person to help you?

In this post, we’ll show you what to look for and what to avoid when choosing an immigration lawyer. You’ll also find out what information you need to gather before contacting an attorney. Whether you’re searching for an immigration attorney in Minneapolis, the Midwest, or anywhere else, these tips can help.

 

What You Need to Know Before Choosing an Immigration Lawyer

To make the right choice, you need to understand exactly what you’re looking for. Here are a few questions to think of before starting your search:

 

• What services do I need? Try to identify exactly what service you need. These may include deportation defense, work authorizations, asylum requests, or green cards. This will help you find an attorney that’s specialized in your type of case.

• How soon do I need help? You need to find an attorney that can help as soon as you need it. In the case of deportation defense, you may need immediate help, while other cases may take more time.

• Have I organized all of my papers? Gather the information you have, including past applications, immigration documents, and letters/notices. This will help your attorney understand your case before getting started and lead to better results.

• Have I prepared a list of my questions and concerns? During your first meeting with an attorney you need to decide if they’re right for you. Preparing a list of questions will help you cover the points that are most important to you.

 

Answering these four questions will help you prepare for the first meeting with an attorney. After you answer these questions you can start your search for an immigration attorney.

 

Questions to Ask When Choosing an Immigration Attorney

Can I verify their credentials?

You want to ensure you are hiring with a licensed attorney.  A good attorney may clearly display their degrees and license on their office wall and their website or offer them upon request. Ask the attorney to show you their credentials if you do not see them displayed.  

Have they handled my type of case before?

Immigration requires knowledge of federal and state laws, as well as the court system. You need to find an attorney whose been successful with your type of case before. Seeing that they’ve handled similar cases will help you feel at ease and get better results.  You can double-check this experience by searching for the law firm you’re interested in on Google and reading their reviews. This will give you an idea of how legitimate they are. You can expand this search to their social media profiles as well.

Do I understand their rates?

Carefully review the retainer agreement with your attorney to understand how they charge and what their rates are.  Are they charging a flat fee or hourly and why do they charge that way?  Ask questions if you are not clear.  

Are they empathetic and understanding?

Do you feel like they listen and pay attention to you? Feeling comfortable with your attorney will make it easier to discuss confidential information. At the same time, you need to feel like they care enough to trust them with your case.

Do they speak my language?

Choose an attorney that’s fluent in your native language or one that can provide an interpreter. It’s to express yourself in your native language and that you hear what the attorney has to say in your language. This makes it easier to achieve good results.

 

Things to Avoid in an Immigration Attorney

There are many good immigration attorneys out there. But some will try to take advantage of you. Sadly this happens too often, so you need to choose carefully. What are the warning signs that an attorney is wrong for you?

 

• They avoid answering questions regarding experience or seem uninformed about the area of law.  A competent immigration attorney will answer your questions regarding their level of experience and provide information regarding the process you will go through and what difficulties to expect.  The attorney will tell you if there are areas of your case that require research.  If they refuse to provide their credentials, you should find someone else.
• They promise that they’ll win your case or give you an advantage that only they can provide. An attorney can never guarantee that they’ll win. If they promise that they have a loophole that no one else knows about, then stop and think. If it sounds too good to be true, then it probably is.
• They encourage you to lie. A reputable immigration attorney will never tell you to lie. Doing so could could get you into legal trouble and ruin the immigration process for you. A good attorney may tell you to withhold information that you aren’t required to reveal. But, they won’t ask you to lie.
• They are unresponsive and poor communication skills.  A quality attorney will return your phone calls and emails and answer your questions in a way you can understand.  This is necessary so you can stay informed regarding your case.

 

If you see any of these warning signs, then you should find another lawyer. Dishonest attorneys try to get as many clients as they can, charge you quickly, and do very little work. This does more harm than good for your case.

 

Why Your Choice Matters

If you’re reading this post, it’s because you know how important immigration is and want to make the right choice. You know that this choice will affect those you love and care about, and can have an even deeper impact on your family.

Working with an immigration attorney should improve your life instead of adding stress to it. It should make you feel more confident and help you feel secure knowing that your case is in the best hands.

Click here to download and print a copy of this article. Keep it with you as you interview potential attorneys and make sure the attorney you choose is right for you.

 

About Robichaud & Alcántara

Robichaud & Alcántara is a Minneapolis law firm specializing in immigration cases. Our services include: citizenship, family petitions, deportation defense, asylum, U Visas and a variety of other legal services. If you’re in need of assistance, then we can help. We’ll listen closely to your needs, provide personal attention, and do everything in our power to help you with your immigration case. Schedule a free consultation using the form below.

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What You Should Know About Travel Ban 3.0

On December 4th, the third version of the Trump Administration’s travel ban went into effect. This is a temporary decision that allows the travel ban to go into effect while legal challenges are considered.  However, this could significantly delay travel for many people from the affected countries.

This latest version of the travel ban will affect seven countries, including: Iran, Syria, Libya, Yemen, Somalia, Chad, and North Korea. In some cases, the ban completely blocks travel and emigration by citizens of these countries and in other cases certain groups will be allowed to travel or emigrate. If you or your family are citizens of one of these affected countries, you should not leave the country without consulting an experienced immigration attorney.

The complexities of these travel regulations make it hard to find the right solution on your own. We recommend you contact one of our immigration attorneys to help you navigate this difficult situation. We will help you find solutions for your case and protect the rights of you and your family. Robichaud & Alcántara P.A. provides expert legal counsel to clients in and around Minnesota, North and South Dakota, Iowa and Wisconsin.

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