Kamala Harris, the Vice President of the United States, is running for President in 2024. One of the most important platforms for her campaign is immigration.

As a former Attorney General of California (in office from 2011 to 2017), Harris was deeply involved in international border issues. Although she was faced with drug cartels and human trafficking issues, she worked diligently to maintain the security of the border along the United States and Mexico. 

During her time as Vice President, Harris focused on addressing the root causes of migration from Central America. As part of her efforts to mitigate the border crisis, she worked with Mexican and Guatemalan leaders to improve conditions in those countries. 

Today, Harris strongly believes in enforcing United States Immigration law while still creating legal pathways for people from other countries to become citizens of the United States. 

She is also focusing on supporting what President Joe Biden promised. However, Kamala Harris's immigration stance has not been without criticism. Some people feel that she is focused on more aggressive legal enforcement, moving away from more progressive immigration reforms which President Joe Biden promised, as she is focusing on support for a bipartisan security bill that was previously blocked in the Senate at the start of this year.

As the election nears, Kamala Harris’s immigration policy is likely to be a topic of discussion. So let’s look at what makes her stance stand out and what it can mean for the future of immigration law.

Key Takeaways

• Kamala Harris's evolving immigration stance: As a former Attorney General and current Vice President, Harris's approach has shifted to emphasize both enforcement and pathways to citizenship, blending a firm stance on border security with humanitarian reforms.
• Reviving bipartisan security legislation: Harris supports a previously blocked bipartisan border security bill, which focuses on increasing funding for border agents, expanding detention facilities, and enhancing asylum processing.
• Tackling root causes of migration: Harris's policies aim not only at border security but also at addressing root causes of migration, such as poverty and violence in Central America, differentiating her approach from her predecessors.
• Balanced immigration reforms: Unlike Trump's enforcement-heavy policies or Biden's initially more lenient stance, Harris seeks a middle ground that secures borders while providing legal pathways for undocumented immigrants.
• Impact on immigration lawyers: Harris's proposed changes could lead to quicker asylum case processing and increased enforcement, requiring lawyers to stay adaptable, informed, and prepared for evolving legal challenges.
• Preparing for a Harris presidency: Immigration lawyers must stay proactive, leveraging advanced case management systems to effectively navigate potential shifts in U.S. immigration law.

Kamala Harris’s Immigration Stance

Polls show that many voters are concerned about illegal immigration, which has increased under the Biden administration. Harris’s position on immigration has shifted from her earlier, more progressive views to gradually emphasizing enforcement to a greater degree. Previously, she supported a more lenient approach to illegal border crossings. This shift can win her the support of many American people, considering the extent of the public’s concern about the issue of illegal immigration. 

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Now, Kamala Harris’s stance has made border security, along with her support for a bipartisan bill that would have increased funding for border agents and expanded detention facilities, a central part of her platform. This bill, which was blocked earlier in the year, is central to her strategy. Harris has been vocal about her intent to revive this legislation if elected, portraying herself as a candidate serious about securing the border. Kamala Harris’s border security policies also include cracking down on transnational gangs and human traffickers, a message she has reinforced by highlighting her prosecutorial record as California's Attorney General​.

This bill, which was supported by a range of stakeholders, including the Border Patrol Union and the Chamber of Commerce, aimed to increase funding for border agents, expand detention facilities, and improve the asylum process.

The bill proposed adding over 1,500 new Customs and Border Protection personnel, increasing the number of asylum officers, and expanding detention capacity by adding 10,000 more beds to Immigration and Customs Enforcement (ICE) facilities. It also included provisions for combating drug trafficking, particularly targeting the flow of fentanyl across the border, and provided $1.4 billion in support for cities and states that are assisting new arrivals​.

In addition to her focus on enforcement, Harris has also been critical of Donald Trump’s role in blocking the bipartisan border bill, accusing him of putting politics over the country’s security needs. This narrative is central to her campaign, as she seeks to position herself as a candidate who can effectively manage immigration.

Predictions for U.S. Immigration Law Under a Harris Presidency 

It's safe to say that we will see very different immigration law policies under Harris than under Trump. That being said, her approach will differ significantly from Biden's on immigration and related policies.

Policy Shifts and New Directions

Opposed to Biden’s stance on immigration, who initially focused on a humanitarian approach but later toughened enforcement, Harris aims to maintain a firmer stance from the outset. Kamala Harris's border security bill includes increased funding for border patrol, asylum processing, and detention facilities, signaling a commitment to both enforcement and reform.

Harris’s approach differs sharply from Trump’s, who prioritized enforcement and deterrence. Harris, however, aims to balance security with legal pathways for undocumented immigrants, addressing the root causes of migration from regions like Central America. 

Overall, Harris’s policies would likely reflect a tougher stance on border security compared to Biden’s earlier policies, but with a stronger focus on legal and humanitarian reforms than Trump’s approach. This direction could reshape U.S. immigration, making it more effective and aligned with American values of justice and fairness.

Impact on Specific Immigration Issues

Under a possible Kamala Harris presidency, we can expect immigration law to undergo quite a few changes.

Asylum

In the event that she becomes president, Kamala Harris plans to increase the number of asylum officers and judges to reduce backlogs and ensure the timely processing of cases. Harris aims to reverse some of the more restrictive measures introduced during the Trump administration, which could lead to expanded protections for asylum seekers, particularly those fleeing persecution.

Border Security

If Kamala Harris’s border security bill gets passed, it could lead to a more technologically advanced approach to securing the U.S. border. The bill would provide increased funding for border patrol agents and introduce advanced technology to monitor the border more effectively. Harris has a focus on addressing the root causes of migration from Central America, such as poverty and violence. This comprehensive strategy is designed to not only secure the border but also to reduce the factors that drive people to migrate in the first place.

Legal Immigration Pathways

Harris has shown a strong commitment to expanding legal immigration pathways. She advocates for reducing visa backlogs and streamlining the legal immigration process to make it more efficient and transparent. Harris is likely to push for legislative changes that create new pathways for undocumented immigrants already in the U.S., particularly those with deep ties to the community. Additionally, she supports expanding protections for Dreamers under the DACA program and creating more opportunities for skilled workers to obtain visas, which could help address labor shortages and boost the economy.

Legislation and Executive Orders

Harris is expected to use both legislative efforts and executive orders to implement her immigration policies. Given the potential for congressional gridlock, she may rely on executive actions to advance key reforms, particularly in areas like asylum processing and legal immigration pathways. Harris’s presidency could see new legislation aimed at balancing border security with humanitarian concerns.

Implications for Immigration Lawyers

Under a Kamala Harris presidency, immigration lawyers are likely to face significant changes that will impact their daily work. Harris plans to reform the asylum process by increasing the number of judges and officers, which will likely lead to faster case processing times. Consequently, lawyers will need to adapt to these quicker timelines and potentially stricter standards for asylum cases. Therefore, staying informed about these changes will be crucial for providing effective legal representation.

Moreover, Harris’s support for stronger border security is expected to increase the number of cases involving detentions and deportations. As a result, lawyers will need to stay up-to-date on new enforcement policies to effectively represent clients facing these challenges. With stronger border controls, the demand for legal representation in deportation cases could rise, making it essential for lawyers to be prepared for this potential increase.

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In addition to enforcement, Harris claims she is committed to expanding legal immigration pathways. This includes reducing visa backlogs and creating new routes for undocumented immigrants to gain legal status. Therefore, lawyers will need to understand these changes and assist clients in navigating the new processes. This may lead to more work in areas like family-based immigration, employment visas, and DACA-related cases, requiring lawyers to be well-versed in the latest legal developments.

Given the potential for a divided Congress, Harris may also rely on executive orders to implement key aspects of her immigration policies. This could result in rapid changes to immigration law, making it essential for lawyers to stay on top of these developments to provide accurate and timely advice to their clients.

Overall, immigration lawyers will need to be proactive, informed, and adaptable under a Harris presidency. The changes she proposes could create new challenges and opportunities in immigration law, making it more important than ever for lawyers to stay engaged and ready to adjust to the evolving legal landscape.

How Docketwise Can Support Immigration Lawyers

Designed specifically for the complexities of immigration law, Docketwise helps lawyers handle everything from client intake to case tracking with ease.

Docketwise’s intelligent form automation allows clients to fill out online questionnaires, which then automatically populate the necessary immigration forms. This feature saves time and reduces errors, ensuring that lawyers use the most current forms required by USCIS. Additionally, Docketwise provides tools for tracking cases, managing tasks, and setting reminders, helping lawyers keep control of their caseload even as immigration laws change.

In a field where laws and policies frequently change, Docketwise offers stability. It integrates seamlessly with other tools, like CRM systems and invoicing software, covering all aspects of a lawyer’s practice. The platform is also backed by strong customer support, making it a reliable partner for immigration lawyers who need to stay on top of their work.

As immigration laws evolve, Docketwise adapts to ensure that lawyers can continue to serve their clients effectively. Also, Docketwise supports H1-B e-filing, allowing immigration lawyers to submit Form I-129 (Petition for Nonimmigrant Worker) and the ETA-9035 (Labor Condition Application) directly through the platform. This integration simplifies the process and ensures that your filings are completed efficiently during the critical H1-B season. Additionally, Docketwise plans to offer direct H1-B registration with USCIS in the upcoming filing season, making it even easier for law firms to manage their H1-B cases.

Schedule a demo and see how Docketwise can streamline your workflow and enhance client satisfaction. 

Conclusion

If current Vice President Kamala Harris becomes the President, it could lead to changes to U.S. immigration law, combining strict border security with comprehensive reforms. These shifts are expected to impact how immigration lawyers practice, requiring them to stay adaptable and informed as laws evolve.

Being prepared for these changes is crucial for immigration lawyers. Leveraging tools like Docketwise can help lawyers stay ahead in this potentially shifting legal environment. Docketwise offers the efficiency, stability, and adaptability needed to navigate the complexities of immigration law, making it an invaluable resource as the legal landscape changes.

As Harris’s policies unfold, immigration lawyers will need to remain vigilant and ready to adjust their practices. Advanced case management software like Docketwise will be key to maintaining control over caseloads and providing top-notch service to clients in an era of change.

If you want to stay ahead of the latest immigration news in 2024 and beyond, keep up to date with our blog as we leave no stone unturned.

Immigration laws are constantly changing, so it is necessary for professionals to help people apply for immigration benefits.  In 2022, 2023, and the first two months of 2024, about 4.7 million immigrants came to the United States. This number far exceeds the annual average of 900,000 over the last decade. This surge shows the need for skilled specialists who can help with immigration forms. This is where immigration forms specialists come into play.

This guide looks at the certifications, opportunities, benefits, and more for those who want to become immigration forms specialists.

What is an Immigration Forms Specialist?

Moving to a new country can be overwhelming, especially with the complicated immigration laws that constantly change. One of the main challenges immigrants encounter is managing all the paperwork. These forms often ask for detailed information about a person’s background, work history, and even family details. To make things harder, the forms are usually written in legal terms that can be tough to understand, particularly for those who aren’t fluent in the language. Mistakes in filling out these forms can cause delays, extra costs, or even lead to a denial of immigration benefits.

Immigration forms specialists (IFSs) can be very useful for people seeking legal immigration. They help clients fill out and submit different immigration forms correctly. As laws keep changing and different groups of people become eligible for various immigration benefits, the demand for skilled immigration forms specialists grows.

This demand means job stability and many opportunities for those who specialize in this area. But how does one become a sought-after immigration form specialist? 

How to Become an Immigration Forms Specialist

Most states require immigration forms specialists to register with a state authority, often the Secretary of State. This often involves providing proof of training, submitting personal information, and paying a registration fee. This process ensures that only qualified individuals offer this kind of service, maintaining a standard of professionalism and thereby protecting the public.

Although the answer to the question of how to become a compliant immigration forms specialist varies by location and can be multifaceted, we have also covered that. 

State-Specific Regulations for Immigration Forms Specialists

Immigration forms specialists must adhere to state regulations designed to protect clients and ensure ethical practices. These regulations often require specialists to avoid presenting themselves as legal practitioners and to provide clear information about the nature of their services. Understanding and complying with these rules is crucial for maintaining credibility and trust with clients. Below, we explore some specific requirements in California and New York as examples.

In California, immigration forms specialists must be bonded and registered as immigration consultants. They are required to display specific signage and include disclaimers in their advertisements to prevent clients from believing they are authorized to practice law. California explicitly prohibits using terms like "notario" or "notario publico," which carry legal connotations in Latin America and could mislead clients about the specialist's qualifications.

Similarly, New York laws emphasize the importance of clarity and honesty. Immigration forms specialists in New York are prohibited from providing legal advice. To ensure clients understand this limitation, specialists must use clear disclaimers in their advertisements and business practices. These disclaimers play a vital role in educating clients about the scope of services offered and the importance of seeking qualified legal counsel when needed.

How to Find Your State’s Guidelines

Given that regulations can vary significantly from state to state, immigration forms specialists must familiarize themselves with the specific rules that apply in their location. Here are some steps to find the relevant guidelines for your state:

1. Consult State Government Websites: Most states provide detailed information about immigration consultant regulations on their official government websites, typically under departments related to consumer affairs, licensing, or legal services.
2. Check Professional Licensing Boards: Some states may have specific boards or agencies responsible for overseeing the activities of immigration consultants and forms specialists. Checking these resources can provide detailed compliance information.
3. Legal Advice: Consulting with a legal professional specializing in immigration law or consumer protection can provide clarity on complex regulations and ensure full compliance.
4. Professional Associations: Joining professional organizations for immigration consultants can be beneficial. These associations often provide resources, updates on regulations, and best practice guidelines.

Professional Training

Formal training is a must for becoming an effective and compliant immigration forms specialist. Training programs provide detailed knowledge about immigration forms, the submission process, and the legal boundaries within which immigration forms specialists must operate.

Having enough training to competently prepare forms is very important to prevent errors that could delay or jeopardize clients' immigration processes.

Registration and Background Checks

Background checks are another common requirement. Many states also require immigration forms specialists to post a surety bond.

This bond acts as a financial guarantee that the immigration forms specialist will comply with state laws and regulations, providing recourse for clients in cases of negligence or fraud​. 

When applying for a surety bond, the requirements and costs can vary significantly depending on the location and the applicant's credit score. Here's a breakdown:

• Surety Bond Requirements:some text
  • California: $100,000 surety bond required.
  • Philadelphia: $50,000 surety bond required.
  • Other States: Bond amount ranges from $5,000 to $50,000.
• Annual Costs Based on Credit:some text
  • Good Credit (1% to 3% Premium Rate for $100,000 Bond):some text
    • Cost: $1,000 to $3,000 annually.
  • Lower Credit (5% to 10% Premium Rate for $100,000 Bond):some text
    • Cost: $2,500 to $5,000 annually.

Many states require immigration forms specialists to undergo background checks to ensure they do not have disqualifying criminal convictions. This process helps protect clients from potential fraud and exploitation.

Immigration Forms Specialists Certifications and Professional Development

There are two main types of certification that immigration forms specialists can obtain. 

The first one is immigration consultant training programs. These programs educate immigration forms specialists on preparing and submitting immigration forms, client communication, and adhering to ethical standards. 

These programs are designed to equip immigration forms specialists with the necessary knowledge to assist clients effectively and legally.

Two of the most reputable training providers are: 

• National Notary Association (NNA): Offers state-specific training programs and certifications for IFSs, including online courses and resources on legal compliance and best practices​.
• Latin American Immigration Association (LAIA): Provides live online professional training for immigration consultants, focusing on practical skills and comprehensive knowledge of immigration forms and processes​.

Importance of Ongoing Training

Continuous education is vital for keeping skills and knowledge up to date. Immigration laws and procedures are subject to frequent changes, making it necessary for immigration forms specialists to stay informed through ongoing training.

Online courses and webinars offered by organizations like the National Notary Association (NNA) and the Latin American Immigration Association are resources for continuous education.

Professional Development Opportunities

Networking and joining professional associations provide valuable opportunities for professional growth. Attending workshops and seminars is a must for IFSs to stay competitive. It enables them to meet other professionals and learn the latest strategies in the field.

Services Provided by Immigration Forms Specialists

Immigration forms specialist services are vital in guiding clients through the often confusing and stressful process of filling out and submitting immigration forms. Their expertise ensures accuracy and compliance, which is crucial for avoiding delays or mistakes. Here’s a look at some of the key services they provide:

1. Detailed Assistance with Immigration Forms

Immigration forms specialists help clients fill out various immigration forms required by the U.S. Citizenship and Immigration Services (USCIS). They make sure all forms are accurately and completely filled out, reducing the risk of errors that could delay the immigration process.

This includes transcribing answers, translating responses if necessary, and ensuring that all information meets USCIS requirements. Additionally, they assist in submitting these forms to the appropriate immigration authorities on behalf of their clients.

2. Document Gathering

An immigration forms specialist can help clients collect the necessary supporting documents needed to accompany immigration forms. This can include records such as birth certificates, tax returns, and other essential documents required by USCIS. Thorough document collection is crucial, as it ensures all necessary information is provided, significantly improving the chances of a successful application and this is why immigration form specialists are sought after.

3. Client Guidance and Referrals

While an immigration forms specialist cannot provide legal advice, they offer general guidance on immigration processes. They explain the steps involved, what clients can expect, and how to prepare for each stage of their application. When a client needs legal advice or representation, an immigration forms specialist is responsible for referring them to qualified immigration attorneys or accredited representatives. This ensures that clients receive the appropriate legal support and helps maintain the ethical standards and legal boundaries of the immigration forms specialist's role.

Legal Limitations for Immigration Forms Specialists

Immigration forms specialists need to operate within legal boundaries. Certain legal limitations, such as prohibited activities and titles, are imposed by law on them.

Prohibited Activities

Immigration forms specialists are restricted in the activities they can perform to ensure they do not engage in the unauthorized practice of law. The key prohibited activities include:

1. Providing Legal Advice: Immigration forms specialists cannot offer advice on whether an individual is eligible to apply for a particular immigration status, waiver, visa, or other benefit. They cannot advise on legal topics such as the immigration consequences of a conviction, arrest, or violation of immigration or other laws. They are also prohibited from advising clients on which forms to use to obtain a particular benefit. Legal advice is reserved for licensed attorneys or accredited representatives.
2. Representation: Immigration forms specialists are not allowed to represent clients before any government agency or immigration court. They may not file a Notice of Entry of Appearance such as a G-28, EOIR-28, or EOIR-27.  Representation in legal proceedings is strictly the domain of attorneys and accredited representatives.
3. Selecting Forms: Advising clients on which immigration forms to use or completing forms on behalf of clients without their direct input is not allowed. IFSs must ensure that clients are making informed decisions without undue influence.
4. False Promises: Making guarantees about securing immigration benefits or promising specific outcomes without a firm basis is prohibited. Misleading clients in this manner can lead to punishment by state and federal authorities. 

Title Restrictions

The proper use of titles and clear communication with clients are crucial for immigration forms specialists to avoid misleading clients about their qualifications and the scope of their services.

1. Use of Titles: Immigration forms specialists must use titles that accurately reflect their role without implying legal authority. Terms like "immigration consultant" or "immigration specialist" should be used carefully and in accordance with state regulations to avoid suggesting that the immigration forms specialist can provide legal advice.
2. Clear Communication: Immigration forms specialists are required to clearly communicate their role to clients, ensuring that clients understand the limitations of the services being provided. This includes using disclaimers in advertisements and written communications to clarify that they are not attorneys and cannot provide legal advice.
3. Advertising Regulations: In many states, immigration forms specialists must include specific disclaimers in their advertisements to prevent any misunderstanding about their qualifications. These disclaimers typically state that the immigration forms specialist is not an attorney and cannot provide legal representation or advice.

Benefits of Becoming an Immigration Forms Specialist

There are many benefits to becoming an immigration forms specialist. For starters, the demand for such expertise is high but that’s not it. This is one of those career paths that allows individuals to really leave a positive mark.

High Demand and Job Stability

The growing need for immigration services ensures a stable job market for immigration forms specialists. With the continuous influx of immigrants needing assistance, the demand for skilled IFSs is high. While the immigration lawyer’s salary is higher, forms specialists can make anywhere from $56,533/year to $80,000+/year.

Purpose-Driven Work

An immigration forms specialist can play a vital role in positively impacting their clients' lives. They assist with filling out immigration forms, gathering necessary documents, and ensuring submissions are accurate. Their support can be life-changing for clients, and in many cases, they help families come together and write success stories for those looking for a better future abroad.

Career Growth Opportunities

As we have mentioned there are ample opportunities for career advancement in this field. Immigration forms specialists can pursue further specialization and higher certifications to enhance their expertise and services.

This matters because the field necessitates continuous education and advanced training programs to enable professionals to stay updated with the latest regulations and practices, providing a pathway for career growth and improved service quality​.

How to Succeed as an Immigration Forms Specialist

In this article, we have laid out the template for becoming the best immigration specialist. 

Understanding State Regulations

Staying informed about state-specific laws is crucial. Each state may have different requirements and regulations that immigration forms specialists must adhere to. Continuous education is essential to remain compliant and provide accurate services.

Formal Training and Certifications

Ongoing professional development is vital for success. Training programs such as those offered by the National Notary Association (NNA) and the Latin American Immigration Association (LAIA) provide comprehensive education on immigration forms preparation, ensuring immigration forms specialists can deliver high-quality services​.

Developing Client Contracts

Clear and professional client agreements are essential. Contracts should outline the services to be provided, associated fees, and any limitations. Key elements include service descriptions, fee structures, and disclaimers to ensure transparency and protect both parties involved.

Benefits of Hiring an Immigration Forms Specialist

For immigration lawyers, hiring an immigration forms specialist can significantly streamline your practice's workflow. These specialists handle the time-consuming task of preparing and reviewing immigration forms, allowing you to focus on higher-level legal work and case strategy. By delegating the preparation and submission of forms, you can manage more cases efficiently and increase your firm's productivity without compromising on quality.

Additionally, immigration forms specialists are experts in the nuances of form preparation and compliance with current immigration laws. Their meticulous attention to detail ensures that all forms are accurately completed, reducing the risk of errors that could lead to application delays or rejections. This level of precision is crucial in maintaining your firm’s reputation for reliability and success in handling immigration cases.

And of course, hiring an immigration forms specialist can be a cost-effective way to manage the routine aspects of your practice. By delegating tasks that do not require a licensed attorney, you can allocate your resources more effectively, allowing your firm to handle a higher volume of cases without significantly increasing overhead. This approach also frees up your time to focus on more complex legal matters, ultimately leading to better outcomes for your clients.

Using Software to Boost Productivity with Immigration Forms

Preparing immigration forms can be a meticulous and time-consuming process, but leveraging specialized software can significantly boost productivity. Immigration forms specialists play a crucial role in this process by preparing forms, ensuring accuracy, and maintaining compliance with legal requirements. One of their key responsibilities is to accurately list themselves as preparers on all forms and secure their client's data, which can be challenging without the right tools.

Docketwise is an industry-leading solution designed to streamline this process, saving both lawyers and IFS hours of work per case. The software offers a comprehensive case management system that enables users to organize and store all client information digitally, ensuring easy retrieval and compliance with state-specific document retention laws. Docketwise automates record-keeping by generating detailed records of client interactions, tasks completed, and forms submitted, helping maintain a consistent and organized database.

Document security is another critical concern for immigration forms specialists, and Docketwise excels in this area by offering advanced security features. The software employs bank-grade encryption to protect digital records, ensuring that client data remains confidential and secure from unauthorized access. Additionally, access controls and regular audits within the platform help ensure compliance with security policies. Docketwise’s secure client portal allows for the direct submission of forms and documents, reducing the risks associated with email or physical document transfer.

By automating time-consuming tasks and ensuring the security of sensitive client information, Docketwise not only boosts productivity but also enhances the overall efficiency and reliability of immigration form preparation.

Learn more about Docketwise and discover how it can transform your immigration practice.

Conclusion

Immigration forms specialists play a critical role in assisting clients with the complex process of immigration. Their work not only offers significant job stability but also positively impacts clients' lives. By pursuing continuous education, adhering to best practices for record-keeping and document security, engaging in professional development, and obtaining immigration forms specialist certification, these professionals can enhance their career success and provide exemplary service. Interested in this field? Check out our other guides and learn how to become an immigration lawyer and also find other resources you can use to your advantage.

Form I-797, also known as the "notice of action," is a key document from the U.S. Citizenship and Immigration Services (USCIS). It tells you that USCIS has received, approved, or taken action on your immigration application or petition. For many, getting this form is the first official sign that their immigration process is moving forward. It also gives you a case number, referred to as a ”receipt number,” that you can use to check how your application or petition is progressing.

It is very important to know the different types of Form I-797. Each type has a specific purpose—some forms confirm that your application was received, others serve as notice of an approval or denial decision, and some ask for more information.

Understanding what the I-797 is and the differences between its types can help you respond correctly and avoid delays in your immigration process.

What is Form I-797?

The primary purpose of Form I-797 is to provide official communication from USCIS regarding the status of an application or petition. This form is used to inform applicants that their submission has been received, approved, denied, or required further action. Essentially, it serves as a formal acknowledgment that USCIS has received and is processing or has taken action on your case.

There are several types of Form I-797, each with a different role. For example, Form I-797C is typically sent to confirm receipt of an application, notify of rejections, or schedule appointments with USCIS. Meanwhile, an I-797 approval notice can be issued as either I-797A or I-797B, depending on the type of immigration benefit.

You will see the I-797 used in various scenarios during the immigration process. Some common situations where you might receive this form include:

• Confirmation of Receipt: When USCIS receives your application or petition, they issue Form I-797C to confirm that they have it in their system.
• Approval Notification: If your petition, such as a work visa application, is approved, you might receive Form I-797A or I-797B as notice of this approval.
• Request for Additional Evidence: If USCIS needs more information or proof to make a decision on your case, they will send you Form I-797E, known as a Request for Evidence (RFE) which specifies a period of time during which you must respond.
• Transportation Letter: If you are a lawful permanent resident abroad and have lost your green card, you may receive Form I-797F, which allows you to return to the U.S.

Generally speaking, a client would receive Form I-797 for several reasons, all related to the processing of their immigration case. It could be as simple as USCIS acknowledging that they have received the client's application, or it could be to inform the client that their petition has been approved, denied, or needs further evidence.

Types of I-797 Forms

Form I-797, also known as the Notice of Action, is a series of forms issued by U.S. Citizenship and Immigration Services (USCIS) to communicate various decisions and updates regarding immigration applications or petitions.

Each type of I-797 serves a different purpose and is essential in the immigration process. Below is a breakdown of the different types and their specific uses:

1. I-797, Notice of Action

This is the most basic form of I-797, used primarily as an acknowledgment that USCIS has received your application or petition. It serves as proof that your case is in progress. You might receive this form when USCIS first accepts your application, confirming that they are processing it. It may also be sent after an initial review to inform you of the next steps.

2. I-797A, Notice of Action

I-797A is typically issued when there is an approval of a change of status or an extension of stay within the United States. This form often includes a tear-off I-94 at the bottom, which serves as an updated arrival/departure record. If you’ve applied for an extension of stay or a change in your immigration status, receiving an I-797A indicates that your request has been approved, allowing you to remain in the U.S. for a specified period.

3. I-797B, Notice of Action

Unlike I-797A, Form I-797B does not include an I-94 record. It is generally issued to applicants for work-related petitions, particularly when the beneficiary is outside the U.S. This form is often sent when an employer’s petition for a foreign worker (such as a work visa) has been approved. However, the recipient may need to return to their home country to obtain a visa before re-entering the United States.

4. I-797C, Notice of Action

I-797C is a catch-all form used for various notifications. It doesn't grant any immigration benefits but provides crucial updates. You may receive this form to confirm receipt of your application, notify you of an appointment (like biometrics), or inform you of a rejection or transfer of your case. It’s important to carefully read this form to determine the next step after receiving the i-797C, as it often includes important instructions or deadlines.

5. I-797D, Notice of Action

I-797D is sent along with benefit cards such as a permanent resident card (i.e., I-551, known informally as a “green card”) or employment authorization document (EAD). It acts as a cover letter for the benefit being issued. You receive this form when USCIS sends you a green card or work permit. There is no action required, but it’s advisable to keep it for your records.

6. I-797E, Request for Evidence (RFE)

This form is issued when USCIS needs more information to process your application. The RFE outlines the specific documents or evidence required. If you receive an I-797E, it’s critical to respond within the provided deadline, supplying all requested documentation to avoid delays or potential denial of your application.

7. I-797F, Transportation Letter

I-797F is a special form issued to allow individuals outside the U.S. to return, particularly in cases where their green card has been lost, stolen, or destroyed. This form is used primarily by lawful permanent residents who are abroad and need to return to the U.S. but cannot do so because they do not have their green card. The Transportation Letter serves as temporary proof of their status for purposes of re-entry.

How to Check I-797 Form Status

To check your clients’ status of Form I-797, start by visiting the official USCIS case status website. On the website, you'll need to enter the 13-digit receipt number found on your client's I-797 form. Make sure you input the number carefully, without any dashes, and include all other characters. Once you've entered the receipt number, click on the "Check Status" button. The page will refresh and show you the current status of your client's case. 

This could be anything from "Received" to "In Process," "Approved," or even "Request for Evidence (RFE) Sent." Checking the case status regularly helps you stay on top of your immigration process and ensures you know if any further action is required from your side​.

What Should You Do When Your Client Receives an I-797 Notice?

As soon as your client receives it, the first step is to determine which type of notice it is. Different versions of Form I-797 serve different purposes, so it’s important to know exactly what you’re dealing with. Once you’ve identified the type, advise your client to read the notice carefully. These immigration forms often contain crucial details, such as the next steps in the process, deadlines, or specific instructions that need to be followed.

For example, if your client receives an I-797E, which is a Request for Evidence, they need to act quickly to provide the necessary documents within the given timeframe to ensure a smooth asylum case process. Ignoring or delaying a response could result in a denial.

What happens after receiving a Form I-797 approval notice that’s favorable for your client? Your client can proceed with the next steps in their immigration process, such as applying for a visa, adjusting their status, or preparing for any required interviews. 

Given the critical nature of these documents, it’s imperative for immigration law firms to have a robust Legal Document Management System (LDMS) in place—this is where Docketwise excels. 

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Docketwise's LDMS capabilities ensure that all forms, including the I-797, are managed with precision. The platform allows you to centralize and organize these documents, automate form preparation, and track all necessary actions, ensuring no deadline or detail is missed.

Docketwise Assists Immigration Lawyers with Document Management

Managing documents efficiently is crucial in immigration law, where every form and deadline can significantly impact a client's future. Docketwise stands out as a vital tool for immigration lawyers, offering advanced legal document management features that streamline the entire case management process.

Take the I-797 form, which is essential for many immigration cases, including notices of approval, receipt, or request for further evidence (I-797E). With Docketwise, you can easily track and manage all I-797 forms within a centralized system, ensuring that no crucial document is overlooked.

Docketwise’s platform automates the preparation of USCIS forms, reducing the time spent on manual paperwork and minimizing the risk of errors. This automation is especially valuable when dealing with complex cases requiring precise and timely documentation, like responding to an I-797E.

Docketwise also supports seamless communication with clients by providing real-time updates on their case status, including any actions they need to take related to their I-797 forms. Clients can access a customized portal to upload necessary documents, check their status, and receive notifications, making the entire process more transparent and less stressful.

Conclusion

Understanding the meaning of I-797 and how to respond to each type is paramount for every immigration lawyer. Form I-797 acts as the bridge between applicants and USCIS. Each version of this form serves a specific purpose, from confirming receipt of an application to notifying you of approval, denial, or the need for additional evidence. 

As an immigration lawyer, staying on top of these notices and guiding your clients through the ever-changing immigration law is of utmost importance in order to ensure their cases progress without unnecessary delays. 

For better document management and form filling, check out Docketwise. Book a demo here and enjoy all the benefits.

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Building client trust is crucial for an attorney, especially in immigration law. A trusting relationship ensures that clients feel secure sharing personal and sensitive information and have confidence in the attorney's abilities to handle their cases competently and with care. 

What are some actionable ways for immigration attorneys to earn trust and deliver a more client-centric experience? Tsui Yee, the owner of Yee Immigration and a top-rated immigration lawyer, sat down with James Pittman, attorney, and Chief Product Architect at Docketwise, to discuss this topic on the podcast Immigration Uncovered. 

Below, we’ll share highlights from their discussion, explore the challenges you’ll face in establishing confidence with the people you serve, and share actionable steps to set a strong foundation with your clients. Let’s dive in. 

Why Is It Important To Build Trust as an Immigration Lawyer?

Yee emphasizes, "When a client decides to hire you, that means that they’re placing a huge, tremendous amount of trust in you, and it’s not something I take lightly."

Immigration cases can determine a person’s ability to stay in a country, reunite with family, or avoid deportation. Clients need to believe their attorney is not only knowledgeable but also genuinely concerned about their well-being and future. Trust helps alleviate some of the emotional burdens clients carry, knowing they have a dependable advocate on their side.

Challenges With Building Client Trust as an Immigration Lawyer

Forming any trust-filled relationship takes time and effort. Some of the common hurdles immigration lawyers face when fostering a client-attorney relationship include:

1. Complex and Uncertain Legal Landscape

Immigration laws and policies frequently change, leading to uncertainty and confusion for clients. Clients may also struggle to understand complex legal terminology and procedures, causing them to feel overwhelmed and anxious. As an attorney, you must stay updated on the changing legal landscape and convey information clearly and accurately to reassure your clients.

2. High Emotional Stakes for Clients

Immigration cases often involve significant emotional stress, as clients' lives and futures are directly impacted. 

Pittman highlights this: “There’s so much at stake for one thing. You know, a lot of my immigration clients are facing extremely stressful situations. Many of them are fighting deportation, so I take my role as the attorney really seriously.”

3. Misinformation and Scams

Clients often encounter misinformation about immigration processes or can be misled by non-legal advisors or scams. These experiences can lead to understandable skepticism and caution and may require you to work harder to establish credibility and earn trust with clients.

4. Cultural and Language Barriers

Communication can be difficult if clients are not fluent in your native language or come from different cultural backgrounds. Cultural differences can affect clients' expectations and understanding of the legal process, which means being culturally sensitive and aware is a must.

How to Build Trust With Immigration Clients

Taking a few thoughtful steps can help create strong client relationships. Consider implementing the following tips in your law firm:

1. Communicate Consistently and Transparently

Transparent communication is vital for building client trust. Clear, honest, and consistent communication helps alleviate client anxieties, and setting realistic expectations about outcomes and timelines ensures clients are well-informed and not misled. 

Tsui Yee explains her approach: “I try to always make sure that my clients trust me by being as open and honest as possible about everything about their case.”

2. Maintain Confidentiality and Privacy

Legal and ethical obligations require attorneys to maintain confidentiality when discussing clients. Demonstrating respect for privacy helps to create trust, especially in immigration cases where sensitive personal information is involved. 

James Pittman advises against revealing details about your clients, particularly in online discussions, as there could be repercussions that impact the case or compromise your client’s trust. “It's better to talk somewhat vaguely and in generalities rather than say, for example, an El Salvadoran middle-aged female who lives in this neighborhood. I mean, that's too much information right there.”

Tip: Discover 6 Client Confidentiality Best Practices for Immigration Lawyers here. 

3. Stay Reliable and Accountable

Reliability in small actions builds trust. Being available and responsive to your clients’ questions, meeting deadlines, and keeping promises are all crucial. These small actions add up and let clients know that they can count on you—in every way.

In fact, the American Bar Association's Rule 1.4 outlines the importance of communication: “A lawyer should promptly respond to or acknowledge client communications.”

Tsui Yee emphasizes the importance of this, stating, “If they cleared their calendar, made it a point to get to my office on time, and they booked to see me at 3 p.m., I will see them at 3 p.m. To me, that's very important. It's being respectful of other people's time.”

4. Pursue Cultural Competency

Understanding your clients' cultural backgrounds and experiences is vital for building trust. Cultural sensitivity helps avoid miscommunications and foster better client relations. 

As Pittman says, “You must be culturally competent as an immigration lawyer, and you have to be the kind of person who can negotiate these cultural gaps because they will come up.”

Tsui Yee shares her experience: “Like some of the cultural norms within certain geographical areas—there definitely have been some times where communication styles were not the same or were a little unexpected. I think what I've learned is to be respectful and open-minded.”

5. Provide Emotional Support

Recognizing and addressing the emotional needs of clients while balancing professional distance is crucial. James Pittman advises, “It's really important to be empathetic, to be compassionate to clients. But you have to be careful about overstepping your role as the attorney there.” 

Ultimately, you are operating as an attorney and not a psychologist, psychiatrist, social worker, or counselor. You may consider advising clients to seek out help from these professionals if needed.

6. Be Transparent About Fees and Billing

Clear and upfront communication about legal fees and expenses prevents misunderstandings. Tsui Yee highlights the importance of transparency, stating, “I try to be as clear as possible in my engagement letter. I am specific as to the scope of legal services.”

Offering multiple payment options and flexible payment plans that fit your client's needs can also help build trust. 

7. Educate and Empower Clients

Educate clients about the process, including what is expected of them, the next steps, and timelines. This can help them feel involved and in the know. 

Tsui Yee explains, “I’ve also shared with my clients very simple instructions on how they can look up the case status themselves, giving them a sense of agency so they don’t have to rely on their attorney for every little bit of news about their case.”

Bonus: For tips on meeting and exceeding client expectations, check out 7 Ways to Master Client Expectations for Immigration Law Firms. 

Tips for Maintaining Competency and Expertise

Staying up-to-date with the latest immigration laws and policies will help you be on top of your game and reinforce trust. Clients want to know they are in capable and competent hands. Your awareness and expertise of law and policy changes and technology trends is part of why they hired you and could make the difference between a client getting their desired outcome or not. 

For this reason, investing in continuing Legal Education (CLE) courses, participating in social media and online groups, seeking out personal mentorship, and learning professional organizations are valuable resources to help you build and maintain your trust with clients. 

Continuing Legal Education (CLE)

Participating in CLE programs is essential for immigration attorneys to keep their knowledge current. These programs offer courses on new laws, regulations, and best practices. Engaging in regular CLE courses helps you stay informed about changes in immigration policies and enhances your ability to provide accurate advice to clients. Many professional organizations, such as the American Immigration Lawyers Association (AILA), offer extensive CLE opportunities tailored to immigration law.

Bonus: Staying current on your CLEs is easy with free courses from our sister company, LawPay. Check them out here. 

Social Media and Online Groups

Social media platforms and online groups provide valuable resources for immigration attorneys. These platforms allow you to connect with peers, share experiences, and discuss recent developments in immigration law. Being active in these communities also helps to stay informed about the latest trends and strategies, fostering a collaborative environment. 

According to Tsui Yee, “There are various Facebook groups that provide real-life examples of cases that have worked.”

Personal Mentorship

Mentorship plays a crucial role in an attorney's professional growth. Experienced attorneys can offer guidance, support, and insights based on their years of practice. Seeking mentors and being open to learning from their experiences can help you and your team navigate complex cases and develop specialized skills. 

Tsui Yee emphasizes the importance of this, saying, "Finding mentors is essential. If I am taking on a case that I’m not very familiar with, I try to see if I can find a mentor or co-counsel who will work with me on that particular case."

Professional Organizations

To further your education and learn from other professionals in your field, consider joining professional organizations like the American Immigration Lawyers Association (AILA). These organizations provide access to a wealth of resources, including legal publications, networking events, and specialized training. 

Professional organizations often host conferences and seminars where attorneys can learn about the latest legal developments, connect with fellow practitioners, and engage with the broader legal community.

Tsui Yee highlights the supportive nature of immigration attorneys and the advantages of collaborating with colleagues. She states, "The immigration bar is extremely friendly and willing to share. And, there are a lot of attorneys who have developed a niche practice. So if I am taking on a case that I'm not very familiar with, I would try to see if I can find a mentor or counsel who will work with me on that particular case."

Use Software to Help Build Client Trust 

Practice management software is essential for immigration lawyers aiming to enhance client relationships and build trust. Docketwise, for instance, incorporates the following features:

1. Secure Client Portal

Docketwise offers a secure client portal where a client can upload documents, view case updates, and communicate with their attorney securely. This transparency and ease of access help build trust by keeping clients informed and engaged in their cases.

2. Fast and Secure Payments

Handling payments efficiently and securely is a significant aspect of client trust. Docketwise integrates with LawPay, the leader in legal payments trusted by over 150,000 legal professionals, to enable fast and secure payments and ensure that clients can easily pay their legal fees online. This reduces the administrative burden on both clients and attorneys, making the payment process smooth and transparent.

3. Bank-grade Encryption and Distributed Infrastructure

Security is paramount when handling sensitive client information. Docketwise protects your clients’ data using bank-grade encryption and distributed infrastructure. This level of security reassures clients that their personal information is safe, further building trust in the attorney-client relationship.

Tip: For information on practicing data privacy within the realms of AI in your immigration law firm, reference this article. 

These capabilities not only streamline administrative tasks but also foster a sense of security and reliability among clients. By utilizing  Docketwise immigration legal practice management (LPM) software, firms like yours can demonstrate their commitment to protecting sensitive information and providing a seamless, transparent client experience—thereby strengthening trust and loyalty.

Conclusion

Building and maintaining client trust is essential for immigration attorneys. By focusing on transparent communication and utilizing reliable advanced practice management software like Docketwise, your law firm can foster strong, trusting relationships with your clients. See the Docketwise difference for yourself with a custom demo today. 

For a deeper dive into building client trust, listen to the full podcast episode of Immigration Uncovered.

Immigration, consistently one of the most contentious and complex issues within the United States, has taken center stage in the 2024 elections. According to a national poll by The Wall Street Journal, the importance of immigration has risen significantly, with 20% of voters now prioritizing it, up from 13% in December. 

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No matter your political views, it’s important for immigration law firms and individuals to really know where each presidential and vice-presidential candidate stands on immigration. This understanding will help you prepare for any policy changes that could come with a new administration.

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In this article, we’ll break down the immigration policies of both presidential candidates and their running mates for you.

Donald Trump, Republican Presidential Candidate

Immigration policy has been a central theme in former President Donald Trump's campaign, marked by his focus on illegal immigration and his characterization of illegal immigrants as criminals. He famously promised to build a substantial wall along the U.S.-Mexico border, funded by Mexico. Additionally, Mr. Trump proposed restrictions on legal immigration and guest-worker visas, including a temporary suspension of green card issuance to lower immigration levels. His position on H-1B visas fluctuated, culminating in opposition to the H-1B visa program by late July 2016.

Where Donald Trump stands on immigration issues

Immigration Restriction

Donald Trump's administration aimed to decrease both legal and illegal immigration, introducing measures such as a travel ban on various Muslim-majority countries and significantly reducing the number of refugees admitted to the U.S. The travel ban underwent multiple changes due to legal challenges and was eventually approved by the Supreme Court in June 2018.

Border Security

During his campaign, former President Donald Trump emphasized U.S. border security and the risks he believed were associated with illegal immigration from Mexico, advocating for tough measures. He promised to build a wall along the U.S.-Mexico border and claimed that Mexico would pay for it using increased fees from border crossings and tariffs related to NAFTA. Mr. Trump's idea for the wall varied in scope but it aimed to be stronger than the current fences under the Secure Fence Act of 2006. Mr. Trump also proposed boosting the number of Border Patrol agents to strengthen border security.

Family Separation Policy

In early 2018, the Trump administration introduced a "zero tolerance" policy that led to children being separated from their parents or relatives at the U.S. border, including those seeking asylum. Announced on May 7, 2018, by the Justice Department, the policy mandated that families caught entering the U.S. illegally be split up: adults were sent to federal jails and children were housed in shelters. This policy, a collaboration between the Departments of Homeland Security and Justice, marked a tough stance on immigration enforcement.

DACA and Dreamers

In 2012, President Obama issued the "Deferred Action for Childhood Arrivals" (DACA) executive order, which enabled about 800,000 young adults, known as "Dreamers," to work legally in the U.S. and protected them from deportation. Former President Trump tried to cancel DACA in September 2017 and asked Congress to come up with a new law before the existing protections expired in March 2018. His attempt sparked significant protests and backlash from business leaders who were concerned about the economic consequences. However, legal challenges held up the termination of DACA, and in June 2020, the Supreme Court decided that Mr. Trump's move to end DACA was unjustified.

Merit-Based Immigration

Mr. Trump has proposed changes to a merit-based immigration system that shows a clear preference for skilled workers instead of family-based immigration. Pushed by Republican leaders, this reform seeks to end "chain migration," where immigrants can bring family members to the United States. The goal is to focus on the needs of American workers, making sure immigration policies match the demands of the national job market and prioritize economic benefits over family ties.

JD Vance, Republican Vice-Presidential Candidate

Senator J.D. Vance of Ohio, recently chosen as Donald J. Trump's vice-presidential running mate has shifted from being a critic to a firm supporter of former President Trump's policies, especially on immigration. Senator Vance supports Mr. Trump's strict approach to illegal immigration and favors changes to the legal immigration system. He supports completing the border wall and is against offering amnesty to undocumented immigrants. Instead, he promotes a system that favors skilled immigrants who can contribute to the U.S. economy, aligning closely with Mr. Trump's goal for a secure and orderly immigration policy.

Where JD Vance stands on immigration issues

Strong Border Security

Senator Vance is a firm advocate for tight immigration rules, aiming to protect U.S. security and jobs for American workers. He has suggested laws to cut down on illegal visa overstays and believes that unchecked migration across the southern border is causing higher housing costs and lower wages. Recently he detailed a plan to deport undocumented immigrants with criminal records and proposed restricting their job opportunities in the U.S. to deter new migrants.

Criticism of Illegal Immigration

Senator Vance believes that undocumented immigrants drive down wages by providing cheaper labor, especially in states like Ohio. Senator Vance suggests that businesses should exclusively hire from the pool of seven million working-age American men who are currently unemployed.

Support for Legal Immigration Reform

While supporting legal immigration, Senator Vance pushes for changes that would increase the economic benefits immigrants bring to the United States. He wants stricter rules for legal immigration and has suggested making it harder for immigrants to qualify for asylum. His goal is to prioritize types of immigration that boost the nation's economy.

Kamala Harris, Democratic Vice-Presidential Candidate

Vice President Harris is actively promoting immigration reforms with a focus on protecting vulnerable groups. Vice President Harris's focus has been on tackling the root causes of migration from Central America. In 2023, she managed to secure $950 million to help address these issues. Vice President Harris acknowledges the problems within the U.S. immigration system and continues to advocate for changes, including creating legal paths for Dreamers, despite obstacles from a failed bipartisan bill that Mr. Trump opposed.

Where Kamala Harris stands on immigration issues

Comprehensive Immigration Reform

If Vice President Harris becomes President, she plans to keep pushing the Biden administration's efforts to change U.S. border policies. This includes making it easier for immigrants, like Dreamers, to become citizens and improving how asylum requests are processed.

DACA and Dreamers

Vice President Harris recently emphasized the significant contributions Dreamers make to American society, including their roles in the military, schools, and business world, underscoring their importance to our communities and economy. Vice President Harris also shared how she and President Biden are not just working to keep DACA in place but to enhance it by improving Dreamers' access to affordable healthcare, which she believes will benefit the overall health of communities.

Family Reunification

The Harris campaign plans to target what they see as flaws in former President Trump’s immigration policies. These include his role in controversial practices like family separations. Her allies recall her strong opposition to Mr. Trump’s child separation policy when she was a senator and expect her to keep pushing for both tight border security and better integration of long-term immigrants. 

Addressing Root Causes

Early in his presidency, President Biden gave Vice President Harris the job of addressing the main reasons behind migration from Central and South America. Vice President Harris has faced some criticism from Democrats near the border for not visiting sooner, and despite her focus on addressing the root causes, the number of migrants crossing the border remained high.

Immigrant Rights

When Kamala Harris became the district attorney of San Francisco in 2004, she quickly became known as a champion for immigrant rights. She took legal action against an unlicensed contractor who was cheating day laborers out of their wages and spoke out against federal laws that would make it a crime to help undocumented individuals. As California's Attorney General, she stood up against a Republican bill that wanted to stop federal funding to California police departments that followed the state’s sanctuary laws, which protect migrants from being held too long before being handed over to immigration authorities. In a 2015 letter to U.S. senators, Harris argued that getting local police involved in immigration matters damages the trust within communities. 

Tim Walz, Democratic Vice-Presidential Candidate

Governor Tim Walz of Minnesota advocates for supportive immigration policies that help immigrants become part of their communities. Although he isn't directly involved in decisions about the U.S.-Mexico border, Governor Walz has supported laws that create ways for some undocumented migrants to become citizens. As governor, he has introduced progressive measures like providing health insurance, driver's licenses, and free college tuition to undocumented immigrants. In 2021, he called for national immigration reforms to help "Dreamers," essential workers, and those with Temporary Protected Status (TPS). While he once supported tougher screenings for Syrian and Iraqi refugees as a congressman, by 2019 he was fully backing refugee resettlement in Minnesota, declaring, "The inn is not full in Minnesota."

Where Tim Walz stands on immigration issues

Pro-Immigrant Policies

As Governor of Minnesota, Tim Walz has been a strong advocate for welcoming immigrants and promoting diversity. Governor Walz has criticized the slow process of reviewing asylum applications and supported a bipartisan bill aimed at speeding up this process, though it did not pass. Additionally, he has argued against Mr. Trump’s plan to finish building the southern border wall, suggesting that technological solutions and improved border control are more effective than physical barriers. 

Driver’s Licenses for Undocumented Immigrants

In March 2023, Governor Walz signed a new law in Minnesota that allows everyone, no matter their immigration status, to get a standard driver's license. He explained that this move is aimed at making the roads safer because when all drivers are licensed and insured, it benefits everyone in the state. 

Sanctuary Policies

In 2018, while running for governor, Tim Walz supported the idea of making Minnesota a "sanctuary" state. This means the state would limit how much local law enforcement can work with federal immigration authorities. Governor Walz backed this policy because he believes that states should have the freedom to decide how to handle immigration enforcement, rather than leaving it all to the federal government. 

Refugee Resettlement

Governor Tim Walz has confirmed the state's commitment to keep its refugee resettlement programs going. This was in response to a 2019 executive order that required states and local areas to agree before accepting refugees. Governor Walz sent a strong message to Secretary of State Mike Pompeo, emphasizing Minnesota's moral duty to welcome people in need and announcing the state's intention to fight any restrictions from the order. He also mentioned that Minnesota has been a refuge for large groups of refugees from war-torn areas, hosting the largest Somali and Karen (from Burma/Myanmar) communities in the U.S., along with significant Hmong and Liberian populations.

Preparing for Change with Docketwise immigration law firm CRM and case management

As immigration policies are likely to change with the upcoming election, law firms need to be prepared to adjust quickly to new rules and requirements. Docketwise, a software platform for managing immigration cases, offers the necessary tools and resources to handle these changes efficiently. The platform is designed to make workflows smoother, helping your firm stay adaptable to new policies and continue providing outstanding service to your clients.

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By leveraging Docketwise, law firms can enhance their flexibility and preparedness, no matter which candidate wins the election. Our platform supports you in staying ahead of the curve, empowering you to meet the demands of a dynamic immigration landscape. As a dedicated immigration case management, immigration forms management, and CRM platform tailored to the diverse needs of immigration law firms of all sizes and practice areas, Docketwise gives attorneys the tools they need to deliver best-in-class services.

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If you’re new to Docketwise and would like to try and see if it’s a good fit for your firm, schedule a demo on our website today.

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And check-out the official Docketwise podcast, "Immigration Uncovered," and don't forget to subscribe to "Immigration Insights," a quick five-minute newsletter that keeps thousands of immigration lawyers informed and up-to-date!

One of the biggest challenges for immigration law firms today is standing out using digital marketing. That’s why embracing physical marketing strategies like eye-catching mailers, engaging in-person events, and thoughtful promotional giveaways can offer a break from the digital deluge, create real engagement with clients and prospects, and be memorable.

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Indeed, while digital marketing remains essential, including creative physical marketing techniques can add a unique spin to your existing marketing plan. Even on a tight budget, there are plenty of cost-effective or even free physical marketing methods available for small immigration law firms to attract and retain clients.

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In this article, we’ll explore what physical marketing is and ways you can incorporate physical marketing strategies into your immigration law firm.

What is physical marketing?

Immigration law firms can boost their marketing efforts by combining digital strategies with physical marketing, also known as "offline marketing." Physical marketing uses tangible materials like direct mail, billboards, stickers, and printed displays such as posters and banners to attract and engage clients. Physical marketing can also involve hosting in-person events where a representative from your immigration law firm engages directly with attendees.

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While physical marketing may seem “old school,” it can make a serious impact. A study by Temple University reveals that people retain information from print ads more effectively than from digital ads. Additionally, a 2022 marketing survey found that 77% of consumers are now more aware of their physical surroundings than they were before the pandemic.

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As you can see, potential clients are constantly noticing physical marketing in their surroundings. Here’s how you can bring your marketing efforts into the real world.

Five physical marketing strategies your immigration law firm can try

The best marketing strategies mix online and offline methods to boost your law firm’s visibility and connect with clients. By using fresh and engaging physical materials, like flyers or events, alongside your digital efforts, you can make a stronger and more lasting impression.

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Here are five innovative physical marketing strategies to enhance your immigration law firm’s brand presence.

Send Personalized Gifts to Clients

One of the most impactful ways to leave a lasting impression on your clients is by sending personalized gifts once their immigration case is approved. This thoughtful gesture not only shows appreciation but also reinforces your brand. Such gifts can serve as meaningful tokens of your support and can create a lasting connection with your clients.

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Consider offering stickers featuring your law firm's logo for clients who are tech professionals; these stickers can be proudly displayed on their laptops, subtly promoting your brand and as a proud reminder of their immigration journey thus far. High-quality passport cases are another ideal gift for clients who are applying for or have obtained their citizenship, as they are practical and serve as a constant reminder of your assistance during a pivotal moment in their lives. Personalized thank you notes or small, meaningful tokens of appreciation, such as a handwritten card or a keepsake, can significantly strengthen the personal connection with your clients as well.

Host In-Person Events

Creating opportunities for face-to-face interactions can significantly enhance your firm’s reputation and build trust within the community. By organizing in-person events tailored to the needs of your target demographic, you can foster stronger relationships and demonstrate your commitment to their success.

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Offering English language classes for non-native speakers showcases your dedication to helping clients integrate into their new environment. Hosting networking events for new immigrants provides a valuable platform for them to connect, share experiences, and build supportive networks. Additionally, organizing informational seminars on immigration law updates, processes, and other relevant topics positions your firm as a knowledgeable and reliable resource.

Partner with Local Businesses and Organizations

Partnering with local businesses and organizations can help your law firm reach more people and build credibility. By working with cultural centers or community groups to host events, you can attract a wider audience and show your commitment to the community.

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For example, sponsoring local festivals or fairs related to your target community increases your firm’s visibility and promotes goodwill. Offering free legal clinics at businesses that serve immigrants also provides immediate value and highlights your firm’s dedication to being accessible and supportive.

Create Branded Merchandise

Branded merchandise is a great way to keep your law firm's name in front of potential clients. By giving out useful, high-quality items, you can make sure your brand stays visible. Think about giving out reusable shopping bags with your firm's logo—they’re eco-friendly and practical, so your brand gets noticed often. Branded notebooks or pens can be used daily by clients, keeping your services top-of-mind. Custom calendars with important immigration dates are also a helpful resource for your clients and keep your firm in view throughout the year.

Engage in Community Service and Volunteering

Showing that your firm cares about the community through service and volunteering can improve your reputation. By getting involved in meaningful activities, you not only prove your dedication but also build trust with local people.

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Volunteering at local shelters or food banks and participating in community initiatives helps build a positive image and strong relationships. Supporting charity drives and fundraising events for immigrant groups also highlights your firm’s values and commitment to the community.

How physical marketing and digital marketing complement one another

Mixing physical and digital marketing makes your campaigns more effective. Use things like flyers and billboards to guide people to your online channels, which boosts your visibility and strengthens your digital efforts. Physical marketing creates memorable experiences, builds loyalty, and reaches people in places where digital marketing might not, such as pro bono legal clinics or local events. This combination enhances brand recognition and helps generate leads both online and offline.

Docketwise immigration law firm CRM and case management

Using these five creative physical marketing techniques can make your law firm stand out and create a lasting impact in your community. Personalized gifts, in-person events, local partnerships, branded merchandise, and community service are all effective ways to boost your firm's visibility and enhance its reputation.

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As a dedicated immigration case management, immigration forms management, and CRM platform tailored to the diverse needs of immigration law firms of all sizes and practice areas, Docketwise gives attorneys the tools they need to deliver best-in-class services.

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If you’re new to Docketwise and would like to try and see if it’s a good fit for your firm, schedule a demo on our website today.

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And check-out the official Docketwise podcast, "Immigration Uncovered," and don't forget to subscribe to "Immigration Insights," a quick five-minute newsletter that keeps thousands of immigration lawyers informed and up-to-date!

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Form I-130, Petition for Alien Relative, is a document used by U.S. citizens and lawful permanent residents to establish a qualifying relationship with an eligible relative who wishes to immigrate to the United States and request that an immigrant visa number be made available for that relative. This form is the first step in the family-based immigration process and, upon approval, it enables the relative to apply for an immigrant visa abroad or for adjustment of status in the U.S., if otherwise eligible. 

Accurate and complete documentation further helps demonstrate the legitimacy of the familial relationship and the eligibility of the relative for immigration benefits.

In this blog post, we will go over the checklist to assist lawyers in gathering all necessary documents for the Form I-130 petition on behalf of their clients. We will outline methods to streamline the application process, ensuring that you as a lawyer provide all required evidence to support your clients' petitions effectively and help achieve your client's goals.

So without any further ado, let’s start with the documents required for I-130 form filing.

I-130 Documents Checklist for Spouses

Form I-130 (Petition for Alien Relative) 

As a legal professional, you have to make sure that Form I-130 is accurately prepared and submitted with all necessary documents to establish the qualifying relationship between the petitioner and the beneficiary. To do that, simply gather proof of your client's status and marriage documents, complete Form I-130 (and I-130A for a spouse), and include evidence of a bona fide relationship along with required photos​.

Proof of U.S. Citizenship or Lawful Permanent Residence 

Include a copy of a U.S. birth certificate, passport, or naturalization certificate to prove the petitioner’s status. For lawful permanent residents, include a clear and legible copy of both sides of the Green Card (Form I-551) or other proof of permanent residence.

Proof of Relationship

As mentioned above, you will also have to provide proof of relationship. Submit the marriage certificate as the legal document proving the marriage between the petitioner and the beneficiary.

Additionally, to demonstrate the marriage is bona-fide, which means it was entered into in good faith, with the intention of building a future together as spouses, and not only for immigration purposes, include documents such as joint bank account statements, lease or mortgage agreements, utility bills in both names, health and life insurance policies, photographs of the couple together over time, and birth certificates of children born into the marriage.

Previous Marriages 

If the petitioner or beneficiary was previously married, provide divorce decrees or death certificates to prove that those marriages have been terminated.. This is essential for establishing that a legally valid marriage exists between the parties.

Passport-Style Photos

Besides the documents for the I-130 we have discussed above, you will also have to submit two recent passport-style color photos of both the petitioner and the beneficiary. These photos must adhere to the following specifications outlined by USCIS to avoid any delays or rejections:

• Size: 2 x 2 inches (51 x 51 mm).
• Head Position: The head must be centered with a full face, frontal view. The head height should measure between 1 inch and 1 3/8 inches (25 to 35 mm) from the bottom of the chin to the top of the head.
• Background: White to off-white background.
• Paper Quality: Printed on thin, glossy, or matte photo-quality paper.
• Timeframe: Taken within 30 days of filing the petition.
• Other Requirements:some text
  • No eyeglasses (unless for medical reasons with a doctor's note).
  • No head coverings, unless for religious purposes (the face must be fully visible).
  • A neutral facial expression or a natural smile with eyes open​.

Filing Fee 

The current filing fee for Form I-130 is $625 for online submissions and $675 for paper filings. Payments can be made via check or money order payable to the U.S. Department of Homeland Security, or by credit card using Form G-1450. Always verify the latest fee amount on the USCIS website to ensure correct payment.

Those are all the I-130 required documents for a spouse. Let’s now take a look at the supplemental ones.

Additional Documents for Spouse (I-130 Supporting Documents)

When filing Form I-130, Petition for Alien Relative, it is important to help your client include comprehensive supporting documents to facilitate timely processing. A critical component of these documents is proof of any legal name changes by the petitioner or the beneficiary.

Proof of Legal Name Change

Submit official documents validating any legal name changes due to marriage, divorce, or other legal reasons:

1. Marriage Certificates: Provide a certified copy of the marriage certificate if the name change was due to marriage.
2. Court Orders: Include a certified copy of any court order that legally changed the name.
3. Divorce Decrees: If reverting to a maiden name post-divorce, submit the divorce decree stating the change.
4. Adoption Decrees: For name changes following adoption, attach a certified copy of the adoption decree.

Translations 

Any documents not in English must be accompanied by certified English translations. The translations must be accurate and include a certification from the translator affirming their competence in both languages and the completeness and accuracy of the translation.

I-130 Required Documents for Children (I-130 for Parents Checklist)

I-130 Required Documents for Children (I-130 for Parents Checklist)

1. Form I-130 (Petition for Alien Relative):
   Work closely with the parent to ensure Form I-130 is filled out accurately and signed for each child. This establishes the qualifying relationship between the petitioner and the child.
2. Proof of U.S. Citizenship or Lawful Permanent Residence:
   Include a U.S. birth certificate, passport, or naturalization certificate to prove the petitioner's status. For lawful permanent residents, provide a copy of both sides of the green card (Form I-551) or other proof of permanent residence.
3. Proof of Parent-Child Relationship:some text
   • If filing for a child and you are the mother: Submit a copy of the child’s birth certificate showing your name and the name of your child.
   • If filing for a child and you are the father: Submit a copy of the child’s birth certificate showing both parents’ names, your marriage certificate to the child’s mother, and proof of legal termination of any prior marriages, issued by civil authorities.
   • If filing for a child born out of wedlock and you are the father: Submit evidence that you and the mother were married while the child was under 18 years of age, or submit evidence that the child was legitimated under the law of the child’s residence or domicile, or under the law of your residence or domicile, before the child reached 18 years of age. If your child was not legitimated before reaching 18 years of age, you must file your petition with copies of evidence that a bona fide parent-child relationship existed between you and the child before the child reached 21 years of age. This may include evidence that you lived with the child, supported him or her, or otherwise showed continuing parental interest in the child’s welfare.
4. I-130 Form Supporting Documents for Children:some text
   • Adoption Documents: If the child is adopted, include a copy of the final adoption decree. This legal document finalizes the adoption and is crucial for establishing the parent-child relationship.
   • Proof of Legal Name Change: If applicable, provide court orders or other legal documentation showing any legal name changes for the child.
   • Translations: Any documents not in English must be accompanied by certified English translations. These translations must be accurate and include a certification from the translator affirming their competence in both languages and the completeness and accuracy of the translation.

Filing Process and Tips

Organizing Your Petition 

Include a cover letter summarizing the petition and explaining unique circumstances. This prevents overlooked items and speeds up the review.

Double-Check Requirements 

Before submitting, ensure all required documents are included by verifying each item against the USCIS I-130 document checklist. This avoids delays from missing information and prevents Requests for Evidence (RFEs).

Submission Guidelines 

Follow specific USCIS mailing instructions based on location and concurrent filing with Form I-485. Verify the latest instructions on the USCIS website. Include the correct filing fee and accepted payment method. For instance:

• Mail to the Phoenix lockbox if you live in Alaska, American Samoa, Arizona, California, Colorado, and other specified states.
• Mail to the Elgin lockbox if you live in other states or territories.

Follow-Up 

Track the status of the petition through the USCIS website. Upon submission, you will receive a receipt notice (Form I-797C) with a receipt number. Use this number to check your case status online or sign up for email or text updates. Monitoring the petition's status ensures timely responses to any USCIS requests or updates.

Using Immigration Forms Tracking to Streamline Processes

To enhance efficiency in your immigration practice, consider using good form-tracking software or an all-in-one solution. Here’s how the right software can help you.

• Simplified Information Gathering: By merging multiple forms into a single comprehensive questionnaire, these platforms minimize redundant data entry and streamline interactions, easing the process for both clients and attorneys.
• Multilingual Support: Supporting various languages enhances accessibility for clients who may not be proficient in English. This ensures accurate and thorough form completion, mitigating errors related to language barriers.
• Team Collaboration: These systems facilitate seamless collaboration among team members, providing real-time access and updates to documents along with effective case management. This boosts coordination and operational efficiency across your team.
• Automatic Form Updates: With automatic updates to the latest versions of forms, these software solutions maintain compliance with current USCIS regulations, thereby reducing the risk of errors and eliminating the need for manual updates.
• Enhanced Client Communication: A user-friendly interface simplifies the information submission process for clients, cutting down on typical communication delays. It also provides real-time updates and notifications to keep both clients and attorneys promptly informed about any changes or new developments.
• Secure Document Storage: Ensuring that all data and documents are securely stored and accessible only to authorized team members safeguards sensitive information, providing peace of mind.
• Customizable Templates: Offering templates that can be tailored to meet the specific needs of your practice facilitates efficient handling of unique cases.
• Integration with Existing Systems: These platforms can seamlessly integrate with the tools and systems you currently use, creating a streamlined workflow for your practice.

One such comprehensive solution is Docketwise.‍

Wrap Up/ Your Pathway to Efficient I-130 Processing

Now that we have gone over the required documents for I-130 filing as well as the supporting documents for form I-130, you can ensure that your clients achieve the goals they have. 

To wrap things up, following the I-130 checklist for spouses and the guidance we’ve provided should make preparing Form I-130 petitions a lot smoother, helping you avoid common pitfalls and speed up the process for your clients. With every document perfectly in place, you’re setting yourself up for success and making sure your clients have the best shot at a favorable outcome.

Using Docketwise can take your efficiency to the next level. It streamlines the entire immigration paperwork process, makes team collaboration easy, and keeps you updated every step of the way. It also helps with filling a variety of forms including the I-130 supporting documents and H1-B forms.

To really get a feel for how Docketwise can make a difference in your practice, why not see it in action?

Book a demo today and discover how simple and stress-free immigration law can be with the right tools. Docketwise is more than just software; it's a game-changer for your practice. Schedule your demo here and start transforming the way you handle immigration cases.

In recent years, the landscape of immigration law practice has undergone significant changes. With more firms embracing remote work and employing staff who may work from various locations – sometimes even abroad – the need for secure and flexible access to sensitive information has never been greater. This shift brings new challenges, particularly in maintaining data security and ensuring access to region-specific resources. Enter the Virtual Private Network (VPN), a tool that's becoming increasingly crucial for modern immigration law firms.

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In this article, we’ll learn what a VPN is, how to choose the right VPN for your law firm, and why VPN use is so important.

What is a VPN?

A Virtual Private Network (VPN) is an indispensable tool for legal professionals, especially in the high-stakes field of immigration law. VPNs create a secure, encrypted connection between your device and the internet, functioning as a protective tunnel that conceals your online activities from unauthorized observers. By making it appear as if you are accessing the internet from a different location, a VPN ensures that your digital footprint is virtually untraceable, thereby safeguarding the privacy and confidentiality of your communications and data.

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Key features of VPN technology are particularly relevant to the legal profession. VPNs encrypt your internet traffic, making it unreadable to potential interceptors, which protects sensitive client information during transmission. Additionally, by masking your IP address and replacing it with one from their own servers, VPNs enhance privacy and prevent location tracking. This capability is especially beneficial when dealing with geographically diverse clients and jurisdictions. VPNs also offer secure remote access to private networks, allowing legal staff to connect to the firm's resources safely from any location worldwide.

Five benefits of VPNs for immigration law firms

For immigration law firms, the benefits of using a VPN are numerous and significant.

Enhanced security is perhaps the most critical benefit.

VPNs provide an extra layer of protection for sensitive client data, which is crucial in an industry where confidentiality is paramount. By encrypting all internet traffic, VPNs ensure that client information remains secure, even if intercepted.

Secure remote access is another key advantage.

With a VPN, staff can safely access firm resources from anywhere, whether working from home or traveling. This flexibility is invaluable in today's increasingly mobile work environment, allowing lawyers and staff to remain productive regardless of their location.

VPNs also enable firms to bypass geographical restrictions.

This capability allows access to region-locked content or services, which can be essential when dealing with international immigration cases. For instance, a lawyer in the U.S. might need to access resources that are only available in the client's home country.

Protection on public Wi-Fi networks is another crucial benefit.

When lawyers or staff need to work on the go, perhaps at a courthouse or while traveling, VPNs secure their connection on potentially risky public networks. This protection prevents hackers from intercepting sensitive data transmitted over these unsecured networks.

Lastly, maintaining compliance with data protection regulations.

Using a VPN can help maintain compliance with data protection regulations by ensuring secure data transmission. As data privacy laws become increasingly stringent, this feature helps firms avoid potential legal issues related to data breaches or unauthorized access.

How immigration law firms can use a VPN

VPNs are essential in immigration law, enhancing operational efficiency and data security by supporting remote employees, enabling secure access for traveling lawyers, and protecting client confidentiality, all while facilitating comprehensive legal research across jurisdictions.

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For remote employees, a VPN is essential. Staff working from home can securely access case files and firm databases just as they would in the office. This seamless access ensures that work continues efficiently, regardless of physical location.

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Traveling lawyers also reap significant benefits from VPNs. Attorneys can safely connect to firm resources while at courthouses, USCIS offices, or when traveling internationally to meet clients. This secure connection ensures they have access to all necessary documents and information, enhancing their ability to serve clients.

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Accessing region-specific content is another key use case. VPNs enable firms to view websites or access services that might be restricted in certain countries. This capability is particularly useful when dealing with international clients or cases involving multiple jurisdictions, providing a critical edge in legal research and strategy.

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And of course protecting client communications, especially in countries with strict internet surveillance. VPNs help maintain client confidentiality by encrypting all communications, ensuring that sensitive discussions remain private and secure. This level of protection is essential for maintaining the trust and confidentiality between attorneys and their clients.

How to choose the right VPN

When selecting a VPN for your immigration law firm, several critical factors must be considered. 

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Strong encryption protocols are crucial for the highest level of data security. Choose VPNs that use advanced encryption standards to diligently protect your firm’s and clients’ information.

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A “no-logs” policy is another crucial feature for maintaining privacy. Select a VPN provider that does not keep records of your online activities, thereby ensuring that your firm’s work remains confidential and secure.

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Server locations in relevant countries are also important for accessing region-specific content. Make sure the VPN you choose has servers in locations pertinent to your firm’s operations. Ease of use for non-technical staff is vital for successful implementation. The VPN should be user-friendly, featuring intuitive interfaces and simple connection processes so that all staff members can use it effectively without technical difficulties.

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Lastly, scalability is important to accommodate firm growth. Choose a VPN solution that can easily add new users and devices as your firm expands, ensuring that your security measures can grow alongside your business.

Strategies for integrating VPN usage in your firm

To successfully integrate VPN usage into your firm, it's essential to provide comprehensive training to all staff members. This training should cover how to connect to the VPN, when it should be used, and best practices for maintaining security. By ensuring everyone understands the VPN’s role and functionality, you can promote seamless and secure usage across your team.

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Establishing clear policies on VPN usage is also crucial. Outline situations where VPN use is mandatory and provide guidelines for secure practices. These policies will help standardize procedures and ensure that all staff members are aware of their responsibilities in maintaining security.

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Regularly updating and maintaining the VPN, along with other security measures, is vital for ongoing protection. Keep the VPN software up-to-date and continuously review and adjust your security protocols to address new threats and vulnerabilities, ensuring your firm's data remains secure.

Docketwise immigration law firm CRM and case management

As immigration law firms adapt to a more distributed and digital work environment, VPNs have become a necessity rather than a luxury. Implementing a robust VPN solution ensures security, maintains compliance, and provides staff with the flexibility to work effectively from anywhere. This is crucial for safeguarding client information and ensuring seamless, secure operations.

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At Docketwise, we understand the importance of secure and flexible work practices in immigration law. As a dedicated immigration case management, immigration forms management, and CRM platform tailored to the diverse needs of immigration law firms of all sizes and practice areas, Docketwise gives attorneys the tools they need to deliver best-in-class services.

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If you’re new to Docketwise and would like to try and see if it’s a good fit for your firm, schedule a demo on our website today.

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And check-out the official Docketwise podcast, "Immigration Uncovered," and don't forget to subscribe to "Immigration Insights," a quick five-minute newsletter that keeps thousands of immigration lawyers informed and up-to-date!

The I-9 Form, also known as the Employment Eligibility Verification Form is an essential document in the hiring process. It ensures that all employees hired in the United States are authorized to work, thereby helping employers comply with federal laws and avoid significant penalties. 

The I-9 Form helps maintain the workforce's integrity by preventing unauthorized employment and ensuring that all workers are legally eligible to work in the country.

However, many employers struggle with giving new employees the right direction when it comes to filling out this form. To help you with this tedious process, we’ve compiled a complete guide below.

What is an I-9 Form?

Understanding the I-9 Form is simple. It is a federal document that U.S. employers use to confirm the identity and allow employment verification of individuals they hire. This form is mandatory for all employees hired after November 6, 1986, regardless of citizenship status. 

The I-9 Form consists of three main sections: Employee Information and Attestation, Employer Review and Verification, and Reverification and Rehires.

• Section 1: Employee Information and Attestation - This section requires employees to provide their personal information and attest to their employment authorization status.
• Section 2: Employer Review and Verification - In this section, employers must examine the documents presented by the employee to verify their identity and employment authorization and then record the document information.
• Section 3: Reverification and Rehires - This section is used when an employee’s work authorization expires or when an employee is rehired within a certain period.

For specific situations, the I-9 Form includes additional supplements:

• Supplement A: Preparer and/or Translator Certification - This supplement is used when someone assists the employee in completing Section 1 of the I-9 Form. The preparer or translator must provide their information and certify that they have accurately assisted in the completion of the form.
• Supplement B: Reverification and Rehires - This supplement is used when an employee’s employment authorization expires or when an employee is rehired within three years of the date the original I-9 Form was completed. Employers must complete this supplement to ensure that the employee is still authorized to work in the United States​​.

Where to Find the I-9 Form?

In order for your employee to fill out the complete immigration forms, you first have to access and download them from the U.S. Citizenship and Immigration Services (USCIS) website. You can download the document from any device including desktop computers and mobile devices such as iPhones and Android smartphones. 

However, mobile devices may require additional applications for PDF editing.

Employers must ensure they are using the most up-to-date edition of the I-9 Form and confirm that all pages originate from the same version. While completed I-9 forms are not submitted to USCIS or ICE, they are crucial documents that must be preserved as part of employment records. 

These forms serve as proof of compliance within the employment eligibility verification process, with each section playing a vital role in establishing legitimate documentation for employees.

How to Fill Out the I-9 Form

Section 1: Employee Information and Attestation

In the first part of Section 1, employees are required to provide basic demographic details, including:

• Last and First Names: The Employee uses their full legal names as they appear on official documents.
• Middle Initials: Include if applicable.
• Other Last Names: The Employee lists any other last names they have used, such as their maiden name.
• Current Physical Address: They provide their current address, including street number, city, state, and ZIP code.
• Date of Birth: The Employee writes their date of birth in MM/DD/YYYY format.
• U.S. Social Security Number: This is optional unless your company participates in E-Verify.
• Email Address: Optional, but recommended for contact purposes.
• Telephone Number: Optional, but recommended for contact purposes.

Employees must enter their legal names and include any punctuation marks like hyphens. If a field doesn’t apply to them , it is acceptable to leave it blank.

Citizenship and Immigration Status

Next, employees must declare their citizenship and immigration status by selecting one of the following options:

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1. Citizen of the U.S.: For individuals born or naturalized in the United States.
2. Noncitizen National of the U.S.: For those born in American Samoa or Swains Island or former citizens of the Trust Territory of the Pacific Islands.
3. Permanent Resident: For non-U.S. citizens who legally reside in the U.S. as immigrants.
4. Alien Authorized to Work: For non-citizens who have authorization to work in the U.S. and are not permanent residents or noncitizen nationals.

For options three and four, additional information is required:

• Permanent Resident: The Employee provides their USCIS number or A-number.
• Alien Authorized to Work: They provide the expiration date of their work authorization and one of the following: A-number, Form I-94 admission number, or foreign passport number with the country of issuance.

Certification and Signature

Finally, employees must sign and date the form to confirm that the information provided is accurate. This signature attests to the truthfulness of the information under penalty of perjury. Ensure this section is completed between the hire date and the first day of work, and remind them not to enter their birth date in the date box provided for the signature date.

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This part of the form should look like this:

Section 2: Employer Review and Verification

Section 2 of the I-9 Form has three columns for recording different types of identification documents: List A, List B, and List C. For each document provided by the employee, you need to record the following information:

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• Document Title: The name of the document (e.g., driver’s license).
• Issuing Authority: The official organization that issued the document.
• Document Number: The unique number on the document (if any).
• Expiration Date: The date the document expires (if any).

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Employees are only required to present either a valid List A document or a combination of List B and List C documents. You should not fill out all three columns. Only complete the column(s) corresponding to the type of document(s) the employee provides.

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To complete Section 2, employers must:

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1. Enter Document Details: Record the document title, issuing authority, document number, and expiration date (if applicable) for the documents provided.
2. Employer Information: Enter the first and last name, title, and signature of the person completing Section 2. Include the date the form is completed, the employer’s business name, and physical address.

Employers must complete this section within three business days of the employee’s first day of work for pay. For jobs lasting less than three days, Section 2 must be completed by the first day of work​.

Retention and Storage

Employers are required to retain the I-9 Form for each employee for a specific period: either three years after the date of hire or one year after the date employment ends, whichever is later. 

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The forms must be available for inspection by authorized officials from the Department of Homeland Security, the Department of Labor, or the Department of Justice upon request.

Employers may choose to keep paper or electronic copies of the documents reviewed, but they must be stored securely to protect employees' personal information​​.

Section 3: Reverification and Rehires

Reverification of Employment Authorization

When an employee’s work authorization expires, re-verification is required to ensure continued eligibility to work in the United States. Here are the steps and documentation needed for reverification:

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1. Notification and Timing: Employers should remind employees about the need for reverification at least 90 days before their work authorization expires. This allows employees sufficient time to gather the necessary documents.
2. Document Submission: Employees must present new, unexpired documentation from List A or List C showing their continued authorization to work. These documents must appear genuine and relate to the employee.
3. Completion of Supplement B: Employers must complete Supplement B (formerly Section 3) of the I-9 documents, which involves:some text
   • Recording the employee’s full name at the top of the page.
   • Entering the new document details (title, issuing authority, document number, and expiration date).
   • Signing and dating the form to attest to the review of the new documentation.

It's important to note that U.S. citizens, noncitizen nationals, and lawful permanent residents who presented a Form I-551 (Permanent Resident Card) do not require reverification. 

Reverification applies only to those whose work authorization is temporary and has expired​​.

Rehire within Three Years

If an employee is rehired within three years of the date the original I-9 Form was completed, employers can either complete Supplement B of the existing I-9 Form or fill out a new I-9 Form. The process for rehires includes:

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1. Verify Employment Authorization: Confirm that the original I-9  documents relate to the employee. Review the original form to ensure that the employee is still authorized to work, checking if any presented documents have expired.
2. Complete Supplement B: Enter the rehire date in the designated space. If the work authorization documents have expired, request new unexpired documents from List A or List C. Record the new document information and the rehire date.
3. Sign and Date: The employer or an authorized representative must sign and date Supplement B to certify the rehire information.

Employers must ensure they are using the most current version of Form I-9 when completing Supplement B and attach it to the previously completed Form I-9​.

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Why is the I-9 Form important for Immigration Legal Professionals? 

Immigration lawyers play a crucial role in helping businesses adhere to federal hiring regulations. The I-9 Form is essential for verifying that employees are authorized to work in the U.S. By guiding employers through the correct completion and maintenance of these forms, immigration attorneys help prevent unauthorized employment and ensure legal compliance.

Expert Guidance on Document Verification

The I-9 Form requires verification of documents that prove an employee's identity and work authorization. Immigration lawyers provide valuable expertise on acceptable documents and how to detect fraudulent ones. This knowledge helps employers fulfill their verification duties without discriminating against workers based on nationality or immigration status.

Navigating Reverification and Rehire Procedures

For employees with temporary work authorization, reverification is necessary to maintain their eligibility to work. Immigration attorneys advise employers on the timing and proper procedures for reverification, ensuring that businesses remain compliant. They also assist with the rehiring process, offering guidance on completing Supplement B or a new I-9 Form for employees returning within three years of their initial hire.

Mitigating Risks and Avoiding Penalties

Improperly completing or retaining I-9 Forms can lead to hefty fines and legal penalties. Immigration legal professionals help mitigate these risks by conducting audits, training HR staff, and implementing comprehensive I-9 compliance programs. Their expertise ensures that employers stay compliant and protected from potential legal consequences.

Supporting Employment-Based Immigration

For companies hiring foreign nationals under various visa categories, the I-9 Form is critical in verifying employment eligibility. Immigration lawyers assist these businesses by ensuring the I-9 process complies with specific visa requirements, helping to maintain the legality of employing foreign nationals and navigating the complexities of work authorization.

Advising on E-Verify and Compliance Tools

Many employers choose to use E-Verify, an online system that supplements the I-9 Form by electronically confirming an employee's work eligibility. Immigration attorneys provide guidance on integrating and using E-Verify, helping employers understand their obligations and the advantages of participating in this program.

Conclusion

Now that you know what is an I-9 form and how to fill it out, you can ensure total compliance. 

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Following the steps outlined in Sections 1, 2, and 3, employers can maintain compliance with federal laws and avoid significant penalties. Proper completion and retention of the I-9 Form help uphold the integrity of the workforce by preventing unauthorized employment.

If you want to simplify the I-9 Form completion and storage process Docketwise can help you through its intuitive, user-friendly interface and smart forms features. It guides users step-by-step through the requirements of the I-9 Form, ensuring accuracy and compliance. So, schedule a free demo now.