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Immigration Law – Avoiding Pitfalls

In law college, future attorneys are taught ways to make the top argument on behalf of clients, and that every single problem can be viewed in unique approaches. Certainly, our standard judicial program is made with that notion in thoughts. Opposing parties get to bring their case into a courtroom, present laws and arguments to the presiding judge, and await a selection. In the end, we count on that justice will probably be accomplished when adversaries are afforded the opportunity to present their case inside the most favorable light.

Inside the arena of immigration law, however, the chance to present a client’s case is restricted in several strategies. Adjudicators, consular officers, and immigration judges make decisions within a complicated framework that affords handful of rights towards the foreign men and women just before them. In several instances, specifically at consulates, counsel cannot be present through the approach to help clients present their case. In additional contrast to the common judicial technique, incredibly restricted appeals procedures exist in immigration law. To create matters worse, initially blush the immigration method can look simple- file a handful of forms, take a couple of passport images, and voila! In truth, immigration law is highly technical and complicated, and one modest misstep along the way can bring about large problems. At most effective, a denial will result in losing the higher filing charge paid towards the government. In a lot more grave conditions, an improper filing can cause deportation. Wrong answers or “little white lies” can cause admissibility difficulties within the future. The possible for pitfalls is boundless.

Some clients have begun the procedure alone, but wisely recognize the will need to obtain aid when an issue arises. In a single scenario, a client sought our legal assistance right after filing for naturalization (citizenship) on her personal and running into issues. Several years earlier, she had been arrested in North Carolina and charged having a misdemeanor. In exchange for an admission to the offense, she was permitted to participate in a “first offender” deferred prosecution plan offered by the state. In the prosperous completion from the plan, the charge was dismissed.

Believing that no conviction existed, the client completed the naturalization petition stating that she had under no circumstances been arrested; had in no way been charged with committing any crime or offense; and had by no means been convicted of a crime or offense. Unfortunately, below immigration law, her earlier “admission” was construed as a “conviction,” top to an apparent failure with the “Good Moral Character” requirement for citizenship. Fortunately for this client, we have been in a position to demonstrate to the adjudicator a narrow exception within the immigration code for this type of “conviction.”

The bigger concern was that her answers might be construed as lying. “False testimony” may also preclude a acquiring of “Good Moral Character” and derail hopes of naturalization. Within the finish, we have been able to present a convincing, thoughtful disclosure of her circumstances towards the adjudicator ahead of any damage was performed. She is now a U.S. citizen.

An additional current matter involved a client searching for to bring his fiancee to the Usa from the Philippines. A single logical prerequisite for a fiancee visa is that the folks have to be legally no cost to marry one another. In this case, the fiancee was previously married, but her husband had disappeared some years earlier. The government from the Philippines doesn’t permit divorce, and rather she was issued a judicial declaration of absence or presumptive death “for all intents and purposes.”

Unfamiliar with this document and its legal impact, the U.S. government issued a request for evidence, along with the couple sought our aid in responding to that request. Coordinating with our clients’ legal counsel within the Philippines, we were able to supply documents and legal authority to demonstrate that they had been the truth is absolutely free to marry each other. The petition was authorized and forwarded towards the consulate.

While not each and every case includes a happy ending in the world of immigration law, the foregoing circumstances present just a handful of examples of how solutions may well be discovered, even when a client has began down the immigration path before searching for legal counsel. Our job is usually to apply creativity and critical thinking to our clients’ cases, assisting them avoid falling into the traps along the way.