What Is the Most Important Question to Ask an Immigration Lawyer?

Remember: the primary goal is residency, not a work permit

The most common question I receive during initial consultations as an immigration attorney is, “How can I get a work permit?”

It is important to understand that this is not the question you should be asking. The reason is that a work permit is only issued when you have a pending immigration case.

Understanding this is critical so you don’t become a victim of fraud. There are many people — notaries, consultants, or unethical attorneys — who say, “Yes, don’t worry, I can get you a work permit.”

And yes, they may actually obtain it for you, and you may have the permit for a year or two. But that case can later be challenged and ultimately you could lose your work permit because you did not qualify in the first place.

So, what is the right question to ask your immigration lawyer?

The right question to ask your immigration lawyer is, “Do I qualify for an immigration process?”

If the answer is yes, then you may qualify for a work permit while you wait for your residency.

Consult an immigration attorney — not a notary or consultant.

It is very important that you have a private consultation with an ethical immigration attorney. That way you can discuss all the personal details and specific facts of your situation, including:

• How you entered the country
• Whether you are married, single, or divorced
• If married, whether your spouse is a U.S. citizen
• Whether you have children, their ages, and whether they were born in the United States or abroad
• Whether you have parents who are residents or who have filed petitions on your behalf
• Whether you have been the victim of a violent crime, etc.

It is also important to find out how much experience that attorney has with immigration law. A good attorney will ask you these questions — and more — to determine whether you qualify for any immigration benefits. You will learn what your options are under current immigration law.

Do not base your immigration petition on a proposed bill — only on enacted law.

It is also important to know that proposals in Congress are not law. You should not pay to be “in line” for a bill that has not yet passed. Until a bill is passed by Congress and signed by the President, we cannot know the specific requirements to qualify for that immigration benefit.

This is another reason why you should speak with an immigration attorney, who can guide you professionally about your particular case — whether you need to update your status, what to do if you need to travel, and more.

Lawful permanent residents can work in the United States.

When the U.S. government — through USCIS — grants you lawful permanent residence, they may place a special stamp in your passport or provide a temporary status document. Until you receive your new green card, you can use that stamp or document to:

• Apply for an unrestricted Social Security card
• Apply for a driver’s license
• Travel abroad for periods of less than one year
• If you have not received your notification or document, you may submit a case inquiry online.

A few final words…

Remember that the primary goal is U.S. residency, not the work permit.

We understand that you want the work permit to obtain a Social Security number and be able to work — but you will obtain that during the residency process, if you qualify to apply for it.

Call us now at (800) 320-2222. We offer assistance in Spanish to help the Latino community not only in Los Angeles, California, and St. Paul, Minnesota, but throughout the entire United States.