You get what you pay for: The disadvantages of hiring a US immigration consultant versus hiring a US immigration lawyer.

In our last article, we discussed why hiring an immigration lawyer is a worthy investment.

Simply put, an immigration lawyer provides valuable legal assistance and services to clients seeking help with various immigration related cases that are, more often than not, complicated and confusing.

In the United States, an immigration lawyer is the only person authorized by law to offer and give legal advice and represent a client.

For those seeking a US visa or getting an immigration case resolved through the United States Citizenship and Immigration Services (USCIS), hiring a US immigration lawyer is undoubtedly the best option to ensure a smooth journey towards obtaining positive results.

Unfortunately, many applicants still choose to take a different route.

Those who are confident with their own capabilities to obtain the USCIS’ stamp of approval sometimes prefer to go through the application process pro se while those who cannot or do not want to rely on themselves to go through the process, but are hesitant to invest on a US immigration lawyer, choose to employ the services of an immigration consultant.

What is a US immigration consultant?

A US immigration consultant is anyone who provides assistance to applicants trying to obtain a US visa and those going through various applications related to immigration. The US immigration consultant can be anyone with either a vast or very little knowledge about immigration and its corresponding policies and regulations.

What can a US immigration consultant do for you?

The role of a US immigration consultant is limited to preparing paperwork such as filling out forms for applicants who cannot or do not want to fill out the forms on their own. The US immigration consultant, while filling out the forms for the applicant, can translate the questions for non-English speaking applicants and write their responses on the forms in English, if necessary.  Any services done beyond paperwork require the intervention and supervision of a qualified lawyer.

Are US immigration consultants legally authorized to render services?

Different states have different laws governing US immigration consultants. However, the United States does not have a standard process on certifying immigration consultants so there are currently no licensed US immigration consultants in existence with the exception of one state– California. In California, an immigration consultants are recognized by the state but it is mandatory for them to “register with the Secretary of State” and satisfy the state’s qualification requirements first before being allowed to render services to their clients.

Quite the opposite, some US states stipulate that no immigration consultant is legally authorized to render immigration services to anyone within the state unless he or she is a qualified lawyer.

What are the advantages of hiring a US immigration lawyer?

US immigration consultants are only allowed by law to render paperwork services and translation assistance and nothing else.

US immigration lawyers, on the other hand, have more functions that include giving legal advice and representing clients with the USCIS aside from rendering paperwork and translation services during the entire application process. US immigration lawyers are experts in their field of practice and are authorities on any subject pertaining to immigration which is a tremendous advantage to those going through complex US visa and other immigration related applications.

Who charges higher fees?

With the quality and variety of services offered by a US immigration lawyer, it goes without saying that he or she is legally allowed to charge higher fees.

US immigration consultants can only charge minimal fees per their respective states’ laws.

Who should I hire?

If you are still on the fence on who to hire for your immigration needs, just remember that your decision will greatly affect the outcome of your application.

Simply put, you get what you pay for.

You can opt to pay a US immigration consultant to fill out your application form for you or you can choose to invest on a qualified US immigration lawyer who understands immigration laws, who can and will represent you before the meticulous and quite intimidating USCIS if needed, who will tell you the correct forms to file, who will coach you with your responses especially during your interview, who will do the legwork for you, and most significantly, who will give you invaluable legal advice.

By: Ryan Barshop

http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

Should you hire a lawyer for your US visa application?

If you were a fictional superhero character dwelling in a make-believe world, you probably won’t need any help from anyone in your lifetime because you can do it all yourself. You can be your own lawyer, doctor, dance instructor, chef, teacher and every other occupation you fancy. You can be the Jack of all Trades in your universe and that’s absolutely normal.

In the real world, things are different.

Unlike superheroes, we are not physically fit to do everything on our own. We may be gifted with our own expertise, skills and talents, but we turn to others for help with what we’re not capable of accomplishing. 

Imagine you’re the most celebrated scientist in the world and everyone turns to you for answers. But here comes tax filing season and you can’t trust your own scientific brilliance to accomplish the task. Instead, you turn to your accountant or your licensed tax expert to deal with the numbers and file your taxes for you. Or you may be the most famous businessman in the world who owns the biggest space station yet you have no clue how to plug the simplest light bulb in your night lamp or install a TV in your bathroom. You hire a handyman and a licensed electrician to do the job for you. 

Even the simplest among us turn to others for basic services to help us through life and that’s the bottom line. Sometimes, seeking help can be the wisest investment one can ever make to successfully accomplish a goal. 

If you’re a first time applicant for a US visa, chances are, you have already researched if you can do it yourself or if you should seek the help of an Immigration lawyer to help you with your application.

If you go the USCIS website, the government agency will give you a straightforward answer. It says NO, you don’t need a lawyer to help you with your US visa application as your application will go through the same process whether you have a lawyer or not. However, that does not mean you cannot or should not seek the help of a lawyer.

The application process to obtain a US visa may not be as simple as one may think especially if there are special circumstances that may hamper an applicant’s chances of getting an approval. More often than not, having a lawyer to help with the application process improves the chances of obtaining an approved US visa. It also takes the load off of the applicant’s back during the application process. And sometimes, in more complicated cases, an applicant avoids not just a US visa denial but the grim consequence of being deported or blacklisted from entering the United States. 

Why should you seek the help of a US Immigration lawyer?   

1. Immigration rules and policies change and lawyers are up to date on these changes. They will be able to submit your US visa application according to existing rules and policies to avoid penalties and delays.
2. Lawyers will file the application and do the necessary paper work for you. You will certainly have peace of mind knowing your application was filed timely and accurately.
3. You will be prepared by your lawyer before your interview with the consular officer. You will be informed on what to bring during the interview and how to answer possible questions that may arise depending on the circumstances related to your application.
4. You may avoid penalties, deportation or charges of immigrations fraud depending on your situation, probably due to past circumstances, that may affect your application if you have a lawyer to help you prove your innocence.  
5. Having complex circumstances such as medical conditions, past legal cases, a previous case of overstaying in the US, and other potential obstacles that may jeopardize your US visa application calls for the expertise of a lawyer who will help you obtain an approval despite your situation. 

Is there a huge fee for hiring a US Immigration attorney?

Some lawyers give free consultations but their services during the application process come with legal fees. You can look for the best lawyer that you can trust to handle your US visa application and consider the fees involved that will fit your budget. In doing so, keep in mind that the legal fees you will be investing on a lawyer may help you avoid the headaches and more fees that may come your way down the road, should you choose to handle your US visa application without the help of an Immigration attorney.

Where can I find a licensed US Immigration attorney in the Philippines?

For Filipinos seeking a US visa, you can find a licensed Immigration attorney in Manila that will help and guide you throughout the entire application process. Find the one that has the proven record of providing expert advice and reliable services that will help you obtain your US visa despite your complex circumstances.  Hire the services of the licensed Immigration attorney in Manila that you can entrust your investment to with full satisfaction and peace of mind.

By: Ryan Barshop

http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

K-1 Visa Applicants and the 90-day rule: What Filipinos need to know

You don’t plant a seed in your backyard and expect a full grown tree the following day.

Everything in this world takes time to develop and mature including your attainment of success and accomplishments, trust and respect, friendship and long-lasting relationships. 

When it comes to romantic relationships and marriage, time is essential.

According to experts, couples need more than just a few months to get to know each other in order for them to make a choice along the way if being together for the rest of their lives is, in fact, a worthy decision.

Even great historical figures took a long time wooing their partners in order to obtain their hands in marriage - the French military leader Napoleon Bonaparte who “pursued and pursued” his beloved Josephine, and the Filipino patriot Jose Rizal who fell in love many times in his life, are good examples.

The same is true for Filipinos and their American citizen partners applying for a fiancé(e) visa or K-1 nonimmigrant visa. True to the nature of love and marriage, a romantic relationship must have already flourished between the couple applying for a K-1 visa over a period of time, a vital component in their decision to go through the application process, so that they can eventually live together legitimately  as husband and wife.

What is expected of K-1 visa applicants?

As expected, both applicants are already in a mature relationship as they prepare to enter marriage. If the relationship is legitimate, courtship has already taken place and the couple has been seriously dating for quite some time already and has contemplated on getting married even before the application process started. 

If the couple intends to “date” only after the K-1 visa application has been approved, which some applicants have been found guilty of, that is a clear indication that the visa was intended or will be used for fraudulent purposes.

What is the 90-day rule?

The USCIS has established a stipulation for successful K-1 visa applicants to get married within 90 days after the K-1 visa application has been issued. Once issued, the non-immigrant applicant is allowed to enter the United States. The couple then has 90 days to have the marriage ceremony take place.  After the marriage, the non-immigrant spouse “may apply for permanent residence and remain in the United States while USCIS processes the application.” The non-immigrant spouse is given permission to work within the 90-day period by applying for Employment Authorization with the USCIS Service Center. The work permission may be extended after 90 days if the non-immigrant spouse has also chosen to apply for permanent residence at the same time.

What happens when 90 days have passed and no marriage took place?

The 90 day rule is strictly imposed for K-1 visas and applicants who did not get married within the limited period do not get an extension. The non-immigrant spouse is required to leave the United States immediately or he or she may face deportation and other immigration issues for non-compliance with the United States’ immigrations laws.

Do you need help?

If you have questions on your K-1 non-immigrant visa applications, you may want to consult a licensed  US Immigration attorney in Manila who will guide you through a successful attainment of a K-1 visa and let you know what to do, what not to do and what to avoid once your visa had been issued. 

By: Ryan Barshop

http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

Why Filipinos should not lie during their US visa application at any stage and at all costs

If Pinocchio, the famous fictional character whose nose lengthens every time he lies were the poster child for Filipinos lying on their US visa applications, the outcome of his lies would have been totally different.  Pinocchio’s legendary nose, if he were to represent a lying Filipino applicant trying to obtain a US visa, would not have lengthened every time he lied, it would have been deliberately cut off.

What happens to applicants who lie?

If an applicant lies to the US embassy during any part of the US visa application, he or she commits a major offense and such an act can be the fastest route to a US visa denial, or worse, potential inadmissibility to the United States.
 

The United States government considers lying on a visa application as potential fraud. According to them, fraud is committed if an applicant “lied, omitted relevant information on their application, or committed any fraud to get” an approval.

Who are affected?

First time US visa applicants from the Philippines are subject to such a regulation.  It also applies to Filipinos who are green card holders.  They too can have their permanent status revoked if they are found to have lied during the application process prior to obtaining their green cards.

How is fraud by lying on a US visa application determined?

Lying on a US visa application can be determined in different ways whether the lie was not intentional or done on purpose. The US Government thoroughly investigates the information entered in US visa applications or disclosed during interviews.

Some Filipinos, in hopes of obtaining their US visas faster, tend to either forget their past information or deliberately cover up past circumstances they deem harmful to their application.

Here’s just one of many examples.

A middle aged married couple who wanted to attend their relatives’ wedding ceremony in the United States applied for a US visa months before the event. They had secured a wedding invitation from their relatives in the States bearing their names as part of the wedding entourage which took care of their purpose on why they needed to obtain a US visa. However, during the application process, they were asked if they had been married in the past. The wife answered NO. She was only married once to her husband currently seeking the same US visa with her. The husband did the same. He answered NO. The consul did a thorough investigation of the couple’s records and discovered that the husband had a prior marriage decades ago which he failed to disclose.

The end result?

The US Visas were denied for both husband and wife and they were barred from entering the United States for life. 
 

Is there a way to appeal a denial?

There are numerous cases of fraud out there committed by lying on a US Visa application and Filipinos must be extra careful not to put themselves in such a situation where in some unfortunate instances, a compromise is impossible.

Fortunately, the USCIS offers waivers for those who had been charged of fraud but wanted to appeal their denial. However, not all appeals can reverse an application status. In some instances, the charged applicant may still not get approved entry to the United States.

Where can I get help from?

If you are one of the many Filipinos who had been denied a US visa because you were charged with lying during your application and would like to appeal, the best thing to do is to consult a licensed US immigration lawyer in the Philippines who can guide and help you with your situation. If you are just starting a US visa application and are not certain on how to go about the application without being charged of fraud along the way, seeking legal help may also be the best route to a smoother journey towards gaining entry to the United States. 

By: Ryan Barshop

http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

Helpful Tips for Filipinos Applying for US Tourist Visas

When it comes to US visitor/ tourist visa applications, most Filipinos become apprehensive.

With so many requirements to submit and tons of paperwork to accomplish, the process of applying to obtain a visa for many aspiring Filipino travelers and/or immigrants can be intense, stressful and overwhelming. On top of that, tales of long lines, indefinite waiting periods, intimidating interviews and the looming possibility that an application may be rejected add up to prompt a hopeful applicant to give up before he or she could even start the visa application process.

According to a news report, the US Embassy in the Philippines approves more than 1,000 visa applications on a daily basis yet the fear of rejection among Filipino applicants remains a looming problem. In many instances, this sentiment becomes a trigger for many applicants desperate for a visa to defy the system by resorting to illegal and deceptive tactics.

One of the most popular beliefs among Filipino visa applicants securing an approval involves money in the bank and lots of it, too. To these applicants, having a huge bank account guarantees instant visa approval and so they strive hard to put money in their bank accounts shortly before their visa application interview. In other instances, applicants try to obtain letters of endorsement or written invitation from relatives, friends, and acquaintances from the specific country that they’re trying to obtain a visa for. These applicants believe having “sponsors” and a valid reason to travel will warrant them a visa. 

Of course, those are mere speculations.

According to a US Embassy official in Manila, the consuls do not discriminate. All applicants are treated equally during the entire visa application process whether they have huge amounts of money in the bank or not. The embassy’s primary concern is not the money but the applicant’s “ties with the Philippines” that will make him or her come back after visiting the United States. 

Here are a few more helpful tips for Filipinos applying for a visa:

1. Be truthful.
2. Be on time. There is nothing more disrespectful and inconsiderate than an interviewee showing up late for an interview. Look presentable just like how you would present yourself during a job interview. 
3. Have a valid reason for traveling to another country and an even stronger reason to come back to the Philippines.
4. Make sure all your documents including required photos are with you during the interview and neatly organized for easy access. If you need affidavits and notarized documents as required, be sure that you have obtained them accordingly prior to the date of your interview. For fiancé visa applicants, for example, proof of communication and romantic relationship such as photos and written correspondence including emails must be part of your documents as well.
5. Relax. If you’re confident that you’re sincere and not hiding anything from the interviewer, you should be fine.

And if you have complicated issues that simply reading articles and fact sheets from the Philippine embassy and other pertinent websites cannot take care of, it is always advised that you seek legal help. A licensed US immigration lawyer in Manila will be your counsel that will guide and help you during your visa application especially when your situation and circumstances need a stronger legal intervention. 

By: Ryan Barshop

http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

K-1 Visa Fraud: Don’t be a victim of fake marriages

Sometimes, love knows no boundaries.

If you’re one of many American citizens who want to embark on a romantic relationship with somebody from the Philippines hoping to marry and bring them over to the United States, you must been considering or are already in the process of applying for a visa for your loved one. 

Are you familiar with a K-1 visa?

Every year, thousands of American citizens petition their future spouses from other countries (Philippines included) by applying for a K-1 Visa - a non-immigrant visa issued by the United States Citizenship and Immigration Services (USCIS) to successful applicants wanting to marry their US citizen petitioners. After tying the knot - within 90 days upon entry to the United States as required by the law – the non-immigrant spouse can then apply to change his or her status by becoming a permanent resident and, further down the road, an American citizenship.

Because the K-1 visa is one of the most guaranteed ways to have someone from another country come over to the United States, a process that can almost immediately result in legal immigrant status and employment opportunities, this type of visa has always been exploited by fraudulent individuals. Most of the time, fraud is committed in order to send an individual to the United States to attain immigrant status by way of marriage to the petitioner who may or may not have knowledge of the deceptive transaction and earn money or other favors in the process. 

To avoid K-1 visa fraud, the US government imposed a two-year conditional period for the foreign applicants after tying the knot with their petitioners. Once the USCIS detects fraud within the marriage, the person petitioned will lose permanent residency status, be subject to deportation and other sanctions. On the other hand, hefty fines and prison time for the petitioner may be imposed. 

Within the last 15 years, millions of fake marriages through K-1 visa applications have already been reported and the USCIS is taking extra vigilance in making sure fake marriages are detected and penalties properly served to the guilty parties.

If you do not wish to be one of the millions of people victimized by K-1 visa fraud, be on the lookout for signs. 

Below are a few indicators that something is amiss with your future spouse and your highly anticipated happily-ever-after. Remember, the factors listed below may not be an issue to some couples but in general, they are outside the social norm and can pose as red flags that foretell marriage fraud may be involved. 

Age 

Is your future partner almost half your age? In most instances, huge age gaps can lead to conflict due to problematic differences within the marriage as the couple may never see eye to eye especially when important decisions need to be made which should bring you to question why a much younger or older person will consider you to be a spouse. Aside from that, the absence of physical attraction and shared interests from your partner are worth exploring, too. 

Financial Status

If your partner is financially dependent on you and expresses an excessive desire to come with you to the United States to have a better life in order to support his/her needs and his/her relatives back home, you may want to find out if your partner’s true intention is to be your loving spouse – just blessed with a generous heart and a sense of adventure - or if he/she is just using your marriage as a stepping stone to achieving his/her dreams of migrating to America.

Eligibility

Be on the lookout if your partner is indeed single and eligible for marriage to you or you may end up marrying both your partner and his/her other family. At the same time, a partner who insists on getting married within a short period of time after you met is dubious. That person should definitely be on your fraud watchlist. 

Preferred Marriage Setup

If your partner imposes that you live in different residences after your marriage in the United States and becomes detached forcing you to live separate lives, that may be a clear indication that your marriage is being used for convenience and other fraudulent purposes.

There are many other ways to detect K-1 visa fraud and you must always be on guard to protect yourself not just from future heartaches but from massive immigration headaches. 

If you are determined to go through the process of petitioning a loved one through the K-1 visa and have pressing questions about it, invest in legal help. You should consult with a US immigration lawyer in Manila to help you understand the process better and the legalities behind it.

By: Ryan Barshop

http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

Expert: No reason to fear US travel amid Trump win

MANILA - Filipinos planning to travel or immigrate to the United States have nothing to worry about despite US President-elect Donald Trump’s promises to deport illegal immigrants, a lawyer said on Monday.

American immigration lawyer Ryan Barshop said Filipinos planning to travel, invest, and immigrate in the United States should not worry at this point since policies in the United States have not changed yet. 

“I see no problems with Filipinos applying for a US visa,” Barshop said in an interview on “Mornings @ ANC.”

US Embassy spokesperson Molly Koscina on Monday clarified that there has been no changes so far in the US visa policy and in the alliance between the two countries.

Barshop added that Filipinos who are worrying about immigration in the US should “wait and see” since there is nothing that can be done at present.

“Don’t act irrationally, wait and see what happens. Right now there is nothing we can do right now,” Barshop said.

Trump, during his campaign, promised to “put America first” which includes establishing new immigration controls and a crackdown on undocumented foreigners and stricter rules on issuance of visas.

The real estate mogul turned Republican nominee, has been criticized by Filipino and Filipino-Americans earlier this year after he tagged the Philippines as a terrorist country whose citizens should be barred from immigrating to the the US.

Barshop said legal immigrants have nothing to worry about at this point since Trump’s words on immigration are mostly campaign rhetoric and that the Republican nominee is “simply anti-illegal immigration.”

He also clarified that illegal immigrants in the US will not just be easily deported and will still be accorded due process which includes the right to be heard from an immigration lawyer, right to present evidence, and the right to present an argument on why you should not be deported.

(Source: http://news.abs-cbn.com/focus/11/14/16/expert-no-reason-to-fear-us-travel-amid-trump-win)
http://bridgewayimmigration.com

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.