Friday, July 20, 2018

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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Friday, June 8, 2018

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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Tuesday, May 8, 2018

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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Monday, April 2, 2018

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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