Applying for a visa can be a stressful and challenging process. A simple mistake or problem can lead to delays or even denials, making the process more overwhelming. For a smooth and hassle-free experience, seeking assistance from an immigration lawyer can be a game-changer. With their expertise in immigration laws and procedures, they can guide you through each step, ensure all documents are accurate and complete, and improve your chances of approval. Whether you are applying for a work visa, tourist visa, or permanent residency, having professional assistance can save you time, effort, and unnecessary stress.
In this article, we will explore the role of an immigration lawyer, when you may need them, and the benefits of having the assistance of an immigration lawyer in visa applications. Additionally, the different types of visas available in the Philippines that you may be eligible for.
What are the Roles of an Immigration Lawyer in Visa Application?
The Philippines offers various visa types to foreign nationals, which can be confusing. Improper processing can lead to delay or denial. Therefore, seeking assistance from an immigration lawyer is crucial in navigating these complex procedures.
Determine the Right Visa Category
An immigration lawyer can determine the most suitable visa category for you, such as a work, tourist or investor visa, by evaluating your qualifications, background, and travel purpose.
Provide Guidance
An immigration lawyer can provide advice and strategies based on your situation, ensuring that you choose the right visa category and meet all necessary requirements.
Prepare and Review Documentation
An immigration lawyer can help you collect and prepare the necessary documents for your visa application. This includes reviewing your financial records and travel documents to ensure they are accurate and meet all legal requirements.
Submit Applications
Filling out visa application forms can be complex, and any mistakes can lead to rejections. An immigration lawyer ensures that your visa application form is correctly filled out and submitted on time, preventing costly delays or rejections due to errors.
Represent Clients in Legal Matters
If you have prior visa denials, criminal records, or other legal complications, an immigration lawyer can represent and support you. They can file petitions, request waivers, and provide legal arguments to support the case.
Communicate with Immigration Authorities
If immigration officials require more information or clarification regarding the application, an immigration lawyer can communicate with them on your behalf to provide the necessary details and ensure all requirements are met.
Enhance Chances of Approval
Visa applications can be denied due to several reasons, such as incomplete or incorrect documentation, ineligibility, or failure to meet specific legal requirements. An immigration lawyer can review your case, identify potential problems, and offer solutions to increase the likelihood of your visa application being approved.
Provide Post-Visa Assistance
After your visa is granted, an immigration lawyer can guide you on post-visa requirements. These requirements may include compliance with visa conditions, extensions, renewals, and the process of transitioning to permanent residency or citizenship.
When Do You Need an Immigration Lawyer?
An immigration lawyer can be crucial in various situations:
Denied Immigration Application
They can determine the reason for the denial, advise on next steps, and assist with the appeal process.
Deportation
If you face deportation, an immigration lawyer can represent you in court, explore legal defense options, and help you understand your rights.
Unreasonable Wait Times
They can ease the evaluation of your application due to their knowledge of the application process and wait times.
Criminal Conviction or Record
They can evaluate how criminal charges may affect your immigration status and find legal avenues to minimize consequences.
Work Visa without Employer Support
They can review the employment offer and contracts to protect your interests and explore alternative visa options.
Divorce or Separation
If you are a Spouse Visa holder, you can lose your benefits and privileges when you and your Filipino spouse decided to divorce or legally separate. In this case, an immigration lawyer can help you navigate the immigration-related issues that may arise, such as loss of immigration status.
Dependent turning Legal Age
They can protect your dependent’s eligibility for immigration or explore alternative options, as a dependent approaching twenty-one (21) years old may no longer qualify as a “minor” for immigration purposes.
What are the Benefits of Having an Immigration Lawyer?
Having an assistance with an immigration lawyer during your visa application will make it easier because of the following reasons:
Expert Knowledge and Experience
Immigration lawyers have comprehensive knowledge and expertise in navigating the complexities of visa applications. They stay informed about the latest immigration policies, laws, and procedural changes, ensuring that your application is in compliance with current regulations.
Saves Time and Reduces Stress
The visa application process can be stressful and overwhelming, with gathering the required documents, filling out forms, and meeting deadlines. By entrusting these crucial tasks to an immigration lawyer, you can focus on your time and energy on other important priorities.
Provides Alternative Solutions
An immigration lawyer can increase your chances of obtaining a visa by suggesting alternative visa categories that align with your qualifications and goals if you are ineligible for your initial choice.
Assistance in Appeal and Reapplication
If your visa application is denied, an immigration lawyer can help you understand the reason for rejection, prepare a strong appeal, and guide you through the reapplication process. This increases your chances of a successful outcome in the next attempt.
Helps in Legal Compliance and Avoiding Penalties
Visa applications involve strict legal requirements, and any non-compliance can result in penalties, deportation or any immigration consequences. An immigration lawyer can help ensure that you meet all legal obligations and avoid any consequences that may impact your immigration status.
What are the Visas Available in the Philippines?
Foreign nationals who want to work, invest, travel or reside in the Philippines can apply for the following visas:
- Pre-arranged Employment Visa or Work Visa (9G) is given to foreign nationals who are employed in Philippine-based companies.
- Special Visa Employment Generation (SVEG) Visa is offered to qualified foreigners who are employed in at least ten (10) lawful and sustainable business, trade, or industry in the Philippines.
- Philippine Economic Zone Authority (PEZA) 47 is issued by PEZA to foreigners holding executive positions, employees, and administrative positions by PEZA-registered enterprises.
- Special Investor’s Resident Visa (SIRV) is granted to foreign investors provided that they are maintaining their investments within the country.
- Quota Immigrant (13) Visa is only available to fifty (50) foreign nationals whose countries have diplomatic relations with the Philippines and offer the same immigration privileges to Filipino citizens.
- Temporary Visitor (9A) Visa is initially given thirty (30) days upon arrival, and can be extended for initial twenty-nine (29) days.
- Spouse Visa (13A) is given to foreign nationals married with Filipino citizens, and their child/children under twenty-one (21) years old.
- Temporary Resident Visa (TRV) is issued to foreign nationals whose country does not have a reciprocity agreement with the Philippines, but is married to a Filipino citizen.
- Chinese National Spouse Visa (MCL-07-210) is granted to Chinese nationals married to a Filipino citizen, and their child/children aged below twenty-one (21).
- Non-Quota Immigrant (13G) is offered to natural-born Filipinos returning to the country after acquiring a different citizenship.
- Special Resident Retiree’s Visa (SRRV) is for foreign nationals who are at least fifty (50) years old and wish to retire and reside in the country permanently.
- APECO Special Permanent Residency Visa (ASRV) is authorized by the Philippine government within the Aurora Pacific Economic Zone and Free Port Authority (APECO) Economic Zone, which allows foreigners to live permanently in the Philippines and to access various financial services.
Need further information and assistance regarding Immigration and Philippine Visa? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
