One of the most common questions an immigration attorney faces is why an applicant needs an attorney in the first place. Usually this is followed by some variation of, "It's just filling out forms, isn't it?" Before one can even decide how to fill out the forms, an analysis must be made of an applicant's eligibility and of risk factors. Applying for something one doesn't qualify for can be the fastest way to get deported. Representing oneself as qualifying for a benefit that one doesn't qualify for can lead to a charge of fraud and possibly a permanent bar to immigrating. Immigration law is as bizarre as it is complex and ever-changing. The factors that determine eligibility or that can cause a problem often seem completely innocent in themselves, and a non-professional would never think twice about them. The year you were born, the year you entered the U.S., the number of times you entered, the way you entered, what was said at entry, the timing between entry and marriage, actions prior to entry, the country of origin, the state of current residence, previous applications filed by or for one's parents -- all these are things that can make a tremendous difference in how and whether a green card will be granted. Last month alone, we met a woman whose friend had tried to help her file following the steps that had worked for her. As a result, the case was scheduled for a domestic interview when she was required to interview for abroad, and when she showed up to the interview in Los Angeles she was arrested. We also met a man who applied for citizenship not realizing that by divorcing his wife and remarrying a friend from his home country so soon after gaining residency he was flagging himself for a fraud investigation and ended up in removal proceedings instead of becoming a citizen. Another young man who has lived here since the age of 2 filed papers without realizing that his parents had made multiple misrepresentations on papers they filed for him during his childhood, all of which were charged against him when he tried to file for himself. With the stakes so high, it is imperative that an applicant's entire history and profile be analyzed before determining a course of action. Even once the proper process has been selected, the forms involve far more than lists of addresses and jobs. They contain many questions that require legal interpretation, some of which have ambiguous meanings and are the subject of ongoing lawsuits. Do you know if using the Driver's License of a U.S. citizen to buy alcohol count as a false claim to citizenship? Do you know if presentation of a counterfeit visitor's visa counts as an entry with inspection? When did your periods of unlawful presence as defined in INA 212(a)(9)(B) begin and end, and should your answer be affected by the amended decision in Carrillo de Palacios v. Holder? An answer based on "common sense" may be completely wrong and result in a finding of inadmissibility for fraud or a delay of years. Even before our current climate of anti-immigration, USCIS was at best a convoluted and over-burdened bureaucracy with its own quirks and unstated rules. Only someone who routinely files dozens of applications in a month will know these unstated rules, the practices that while correct will be misunderstood, and the ways to make sure routinely missed factors are properly noticed. A simple oversight usually costs several months in delays. USCIS usually only gives one chance to respond to a request and then denies the case, requiring repayment of the whole filing fee -- and under new guidance announced in July 2018 --- often leading to an automatic commencement of removal proceedings. Finally, USCIS is not the agency it was a few years ago. No longer a customer-service based organization (they even took those words out of their mission statement recently) they are now operating under an imperative to impede and even reverse the granting of immigration benefits, looking for any ground on which to deny a case and even routinely claiming that a document is missing when it is not. Many feel this is a deliberate tactic to frustrate and discourage potential applicants. Considering all that is at stake for the immigrant, it is nothing short of madness to walk into an encounter with a government official trusting that he has your best interests at heart and will treat you in a fair and legally proper manner. The government has nearly inexhaustible resources to investigate you and throw up legal challenges to the benefit you are seeking. They have thousands of attorneys working for them. You need one too.
18 Comments
2/2/2021 04:28:32 pm
I'm glad I'm not the only one who finds immigration law to be bizarre and complex. There is no way I could handle an immigration case on my own. I'd rather just hire an attorney to help me out so I don't mess things up.
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2/26/2021 09:33:16 am
Thank you for elaborating on how an attorney can guide someone through the complicated process of immigrating to the US. My cousin would like to move to the United States this year, so I'm thinking about finding an immigration attorney for him. I'm going to search for a reputable immigration lawyer that he can use.
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3/9/2021 09:50:15 am
It's valuable that you mention that an immigration attorney can help someone with the process of becoming a US citizen. I would like to help my girlfriend move to the US, so I'm considering hiring an immigration lawyer for her. I'm going to search for a reputable immigration attorney in the area that I can use.
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5/6/2021 11:45:15 am
My brother has been thinking about getting some help with his immigration because he would really like to be a lot safer to be more effective. He would really like to get some help from a professional in order to make sure that they can follow the laws to be safer. I liked what you said about how they should fill out the forms, and make sure that they can interpret the laws, and understand the ambiguous meanings in order to understand the lawsuits.
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5/20/2021 06:16:40 am
My friend wants to immigrate, but he's not sure how to go about it. It makes sense that getting a good lawyer would be important! I'll make sure that he knows to get a lawyer to ensure that he does things properly.
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6/1/2021 01:35:06 pm
You made an interesting point when you explained that an applicant's eligibility needs to be determined before they immigrate. When looking to hire an immigration attorney, it might be a good idea to look at their rate of success. A successful immigration attorney is probably a professional that someone wants to work with.
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6/1/2021 01:36:08 pm
It's good to know that they can help you with answering difficult questions. My sister was telling me a couple of weeks ago about how she needs to look into finding an immigration attorney that can help her friend with getting citizenship. I'll make sure to pass this information along to her as she searches for one to hire for her friend.
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Thanks for mentioning how a risk factor analysis needs to be made before an immigration application can be submitted. It makes sense to think that doing this can help the applicant avoid any issues with their documents down the road. Personally, I would want to find a reputable attorney to help me fill out any documents related to immigration.
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6/29/2021 01:46:25 am
I appreciated it when you shared that there will be an analysis made of an applicant to find out his eligibility and risk factors. My friend just mentioned the other day that he has been trying to apply for citizenship since he has been married to his wife for quite some time yet he is still considered an immigrant. I will suggest to him hiring a reliable attorney who can help with his situation.
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8/18/2021 12:25:45 pm
I like that you mentioned that an applicant's history and profile need to be analyzed before determining a course of action. My brother-in-law is trying to get his mother into America to come live with them. I will tell them to get together her history and take it to an immigration lawyer to see if they can help.
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It's interesting how you pointed out that an analysis must be done of an applicant's eligibility before you even begin filling out forms. My fiance and I are trying to figure out how to get a partner marriage visa so we can live in the same place once we get married. It sounds like it is a lot more complicated than I originally thought, so I think it'd be best if we found a professional to help us through the process.
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6/24/2022 12:55:05 pm
As a result, the case was scheduled for a domestic interview when she was required to interview for abroad, and when she showed up to the interview in Los Angeles she was arrested. Thank you, amazing post!
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6/24/2022 01:25:36 pm
The practices that while correct will be misunderstood, and the ways to make sure routinely missed factors are properly noticed. Thank you for the beautiful post!
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7/22/2022 04:15:08 am
This post is very easy to read and understand without leaving any details out. Great work!Thanks for shearing this valuable and helpful article.
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10/7/2022 08:52:26 am
Thanks so much for talking about how an immigration attorney can help you with your case. My partner has some extended family wanting to move to the US. We've been looking into hiring an immigration lawyer to help them come over smoothly and make sure they know everything they need to.
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2/15/2023 03:52:02 pm
You make a great point about the false citizenship claims. My cousin wants to immigrate to the US. from Iceland. He should probably get a visa lawyer.
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A lot of persons seeking to immigrate to the United States oftentimes find themselves in difficult positions and go about it the wrong way. Based on experience my advice is to hire an immigration attorney as the immigration process can be very complicated without the right legal help.
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