Since the attacks of 9/11, immigration attorneys are more important for immigrants trying to become permanent residents or U.S. citizens. Procedures are tighter. Rules are tougher. Judges are stricter. Yet, over 50% of immigrants go to Immigration Court hearings without a lawyer. This is a recipe for disaster. Americans looked for causes after the 9/11 attacks - many blamed the immigration system. Nineteen terrorists had entered the U.S. on student visas; the others used tourist visas. The results were predictable. It became more difficult to qualify for permanent residence, U.S. citizenship, and other immigrant visas. When green card applications fail, immigrants - and often their family members - are sent to Immigration Court. The government attorney asks the judge to remove the immigrants. It becomes a winner-takes-all situation. Like all aspects of immigration law, court procedures have become more rigid in recent years. These changes make winning your case harder than ever before . . . and the assistance of an immigration lawyer more critical to your victory. THE IMMIGRATION COURT OVERLOAD Immigration courts are flooded today: too many cases and too little time. Since 2002, immigration judges are responsible for over 300,000 cases per year. There are 226 immigration judges and 54 immigration courts. It is estimated that each judge makes about five rulings per day, sometimes with less than 15 minutes to render a decision. The results of overcrowding: Judges take a quick look at written materials, searching for errors and omissions. A single error may cause a case to be denied, setting an immigrant's petition back by a year or more. The error can even lead to your permanent removal from the U.S. Judges must finish immigration trials as rapidly as possible. Many immigration judges ask for written statements, instead of listening to the testimony of your witnesses. Important information may be left out. Unless there is an immigration attorney doing the writing, most immigrants will fail to include certain evidence the judges need to know. Judges will not create law. They do not study rules like an immigration trial lawyer. If a law has been used a certain way by courts in the past, a judge is going to do things the same way. Only an experienced and confident attorney will challenge how laws and procedures have been used in the past if your situation is different. THE ROLE OF YOUR IMMIGRATION ATTORNEY An immigration attorney can bring many advantages to your case - and can help to offset the problems you will face at Immigration Court. These advantages may make the difference between winning and losing. First, everything counts at an immigration trial. How your documents are prepared, from the start, will affect your entire case. Too often deserving and honorable immigrants destroy their chances with poorly prepared paperwork. Confusing information can make it difficult to challenge a bad decision by the judge. Your lawyer should be able to prevent these mistakes before they happen. Second, there are many programs unknown to immigrants. They are easily overlooked if you do not have an experienced attorney. For example, 5-10 years ago, a special program may have existed for immigrants from your home country. Now it no longer exists. A good immigration lawyer will know if that old law can still be used to help you stay here as a permanent resident. And most important of all, a lawyer with immigration appeals experience can protect you against bad decisions. Judges are humans. They make mistakes. An immigration judge might not adequately consider your evidence. A judge may fail to properly consider testimony from a witness. Or the judge might use a rule against you in an improper manner. Your lawyer will be able to challenge these errors. Because immigration cases are harder today, hiring an immigration attorney may be the only way to protect your right to a fair hearing - as well as your ability to live in the United States.
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