Website design By BotEap.comIn law school, prospective attorneys are taught how to present the best argument on behalf of clients and that each topic can be viewed in different ways. In fact, our standard court system is designed with that concept in mind. Opposing parties can take their case to a courtroom, present laws and arguments to the presiding judge, and await a decision. In the end, we hope that justice will be served when adversaries have the opportunity to present their case in the most favorable light.

Website design By BotEap.comIn the realm of immigration law, however, the opportunity to present a client’s case is limited in several ways. Adjudicators, consular officers, and immigration judges make decisions within a complex framework that confers few rights to the foreigners before them. In many cases, particularly at consulates, the attorney cannot be present during the process to help clients present their case. In contrast to the standard court system, there are very limited appeal procedures in immigration law. To make matters worse, at first glance, the immigration system may seem simple – file a few forms, take a couple of passport photos, and voila! In fact, immigration law is very technical and complex, and a small misstep along the way can create big problems. At best, a denial will result in the loss of the high filing fee that is paid to the government. In more serious situations, an incorrect presentation can lead to deportation. Incorrect answers or “little white lies” can cause future admissibility problems. The potential for errors is limitless.

Website design By BotEap.comSome clients have started the process alone, but wisely recognize the need for help when a problem arises. In one situation, a client sought our legal advice after applying for naturalization (citizenship) on their own and running into problems. A few years earlier, she had been arrested in North Carolina and charged with a misdemeanor. In exchange for an admission of the crime, he was allowed to participate in a “first offender” deferred prosecution program offered by the state. Upon successful completion of the program, the charge was dismissed.

Website design By BotEap.comBelieving that there was no conviction, the client completed the petition for naturalization stating that she had never been arrested; he had never been charged with committing any crime or crime; and had never been convicted of a crime or crime. Unfortunately, under immigration law, his prior “admission” was interpreted as a “conviction,” leading to an apparent breach of the “good moral character” requirement for citizenship. Fortunately for this client, we were able to demonstrate to the adjudicator a limited exception within the immigration code for this type of “conviction.”

Website design By BotEap.comThe biggest concern was that his answers could be interpreted as a lie. “Persecution” can also prevent a finding of “good moral character” and derail hopes for naturalization. In the end, we were able to present a compelling and thoughtful disclosure of his circumstances to the judge before any harm was done. She is now a US citizen.

Website design By BotEap.comAnother recent matter involved a client seeking to bring his fiancée to the United States from the Philippines. A logical prerequisite for a fiancee visa is that people must be legally free to marry each other. In this case, the fiancée was previously married, but her husband had disappeared some years before. The Philippine government does not allow divorce and instead was issued a judicial declaration of absence or presumed death “for all intents and purposes.”

Website design By BotEap.comWithout being familiar with this document and its legal effect, the United States government issued a request for evidence, and the couple sought our help in responding to that request. By coordinating with our clients’ legal counsel in the Philippines, we were able to provide documents and legal authority to show that they were, in fact, free to marry each other. The petition was approved and forwarded to the consulate.

Website design By BotEap.comWhile not all cases have a happy ending in the world of immigration law, the above cases provide just a few examples of how solutions can be found, even when a client has started down the immigration path before seeking legal advice. . Our job is to apply creativity and critical thinking to our clients’ cases, helping them avoid falling into traps along the way.

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