Deferred Action-Why Hire an Immigration Attorney

Sarasota Immigration Attorney Victoria Jaensch Karins

We understand that many people would like to apply for deferred action on their own rather than take on the cost of hiring a lawyer. Deferred Action is a very new policy and it has the potential to help many people and we welcome all who wish to apply to do so as soon as possible.

We would also like to inform all potential applicants that if your Deferred Action application is denied, there is no possibility of appeal. This means that you only get one opportunity to qualify so please make sure that your application is as complete as possible.

While denial will not cause immediate placement into deportation proceedings – USCIS will not share information on Deferred Action applicants with Immigration and Customs Enforcement (ICE) – there will still be a general risk of deportation. The fact remains, if you entered without inspection or overstayed your visa the government can place you in deportation proceedings at any time.

If you choose to apply on your own please be careful. If you choose to seek help please make sure that the person you ask for help is a genuine immigration attorney. Many “notarios” will offer to complete and submit an application on your behalf for a fee. They are not fully trained legal professionals and may be trying to defraud you.

Some may remember the provision of law Section 245(i). This policy allowed people who entered the country illegally or were otherwise unqualified for Adjustment of Status to ‘get legal” in the U.S. (through family or employment categories) by paying a penalty fee of $1,000. It expired in 2000, but Congress passed a short extension between December 2000 and April 30, 2001.

Many semi-legitimate institutions appeared overnight. These places filed many fraudulent or frivolous applications for a fee. Sometimes they charged a fee and filed nothing.

Do not endanger your chance to qualify for Deferred Action. Make sure that the person you hire to help you is an immigration attorney.

Related Articles:

• Latest Deferred Action Q&A
• USCIS Will Begin Accepting Deferred Action Applications!
• Los requisitos de Accion Diferida

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Written by Chris Jaensch

Attorney P. Christopher Jaensch received a Bachelor of Arts degree in History in 1992 and a Juris Doctor degree in 1995 from the University of Florida. While at UF, he was a member of Sigma Chi Fraternity, Phi Beta Kappa Society and Florida Blue Key, the oldest and most prestigious leadership honorary in the state of Florida.

Mr. Jaensch is a member of the Florida Bar, the American Immigration Lawyers Association (AILA) and the Sarasota Bar Association. He has served as President of the Sarasota-Manatee International Trade Club and served as Regional Vice Chair, Tampa Bay, for the Central Florida Chapter of AILA. He was a member of City of Sarasota Charter Review Committee and has been active in several local organizations, including the influential Laurel Park Neighborhood Association in downtown Sarasota.

Mr. Jaensch has over 18 years of experience in the field of immigration and nationality law and focuses his practice on four primary categories (a) investors and entrepreneurs, (b) business executives, managers and professionals, (c) amateur and professional athletes and coaches and (d) performing artists and immigrants with extraordinary ability.