Can Paralegals Help?
copyright February 26, 2024 Monmouth University
Immigration has been the most politically charged area of American law since the foundation of America. We have had tremendous restrictions on the ability of people to enter this country. Much of those restrictions has been based on racism, xenophobia, and/or religious intolerance. We have had political parties (for example, the "Know Nothing Party") which were founded on stringent ideas of who would be suitable immigrants. Typically, the standard was white, male, Christian, European (northern Europe, in particular). Anyone failing to meet that standard was deemed unacceptable.
Throughout the last 175 years, we have had influxes of migrants from Ireland, Italy, the Nordic countries, Poland, France, Greece, China, Japan, Korea, the Philippines, and South Asia (India and Pakistan). Huge numbers of people have fled war-torn and/or poverty-stricken areas in Latin America, such as Brazil, Columbia, Venezuela, Equador, Peru, Chile, Nicaragua, El Salvador, Guatemala, and Mexico.
Setting aside the inhumane kidnapping and forced transport of enslaved peoples from the African continent, the others have come to the U.S. more or less voluntarily.
People who have studied the effects of immigration on the United States have found that immigration has produced net positive effects in terms of creation of new businesses, hiring more people, providing new and important inventions, help in the fields of science, medicine, education, and a whole raft of other benefits.
Unfortunately, political leaders have often used and exploited immigration issues in order to further their own self interest. Racist and xenophobic claims have created many bottlenecks to improving the immigration system in America, and even today, the immigration laws have not adjusted much to meet modern needs.
Fortunately, paralegals play a crucial role in assisting immigrants navigate the complex legal environment surrounding immigration in the United States. Here are some key ways paralegals can help:
Preparing Immigration Applications and Petitions
One of the primary responsibilities of immigration paralegals is preparing and filing various immigration applications, petitions, and supporting documentation on behalf of clients. This includes:
Drafting applications and petitions for visas, green cards, citizenship, asylum, etc.
Gathering required documents like birth certificates, marriage records, police clearances, etc.
Ensuring timely filing of applications, petitions, and extensions by maintaining calendars.
Client Communication and Preparation
Paralegals serve as a vital link between clients and attorneys, helping immigrants understand the process:
Communicating with clients throughout the immigration process, explaining requirements and next steps.
Preparing clients for interviews and hearings with immigration authorities.
Translating documents and interpreting for clients who don't speak English fluently.
Legal Research and Document Drafting
Immigration paralegals conduct legal research and draft various documents to support cases:
Researching immigration laws, policies, procedures, and case law.
Drafting legal correspondence, affidavits, briefs, and other documents.
Representation in Immigration Court
Under certain circumstances, paralegals can directly represent clients in immigration court proceedings:
Paralegals working for recognized non-profit organizations can become accredited representatives through the Department of Justice.
Accredited representatives are authorized to represent immigrants before immigration courts and the Department of Homeland Security. However, this accreditation is tied to the specific organization, and paralegals cannot independently represent clients without being employed by an accredited organization.
In summary, immigration paralegals play indispensable roles in application preparation, client communication, legal research, and in some cases, direct representation - all critical functions to help immigrants successfully navigate the complex U.S. immigration system.
Comments