I am speaking to you today about common mistakes and how to avoid them in your immigration case.
Always consult a competent, licensed immigration attorney about your case to determine your options.
Mistake #1: LYING TO IMMIGRATION – NOT TELLING THE TRUTH.
Under Immigration Law this is called misrepresentation. If you lie on Immigration visa application, like two of border patrol officer or add even a green card interview, you could be stuck with a lifetime bar to any immigration benefit from the misrepresentation.
There is a limited waiver available to those who are married to U. S. citizens for permanent residence or had us citizen of permanent resident parents. But even this waiver is discretionary and CIS will not like to approve the case for someone who has repeatedly lied or misled officials.
I often get asked well CIS doesn’tknow that my wife came in multiple times, do we have to tell them? You’re asking to file a case based on a house of cards that may fall apart at any moment.
He wanna walk around your life always looking over your shoulder, wondering if ice or immigration is gonna catch up with your lies?
A competent immigration attorney will never lie for you on the forms or represent you knowing that you are lying to immigration. Lying on forms is a felony and subject to a large fine and imprisonment
Mistake #2: CLAIMING TO BE A US CITIZEN ON A JOB APPLICATION OR TO RECEIVE ANY SORT OF STATE OR IMMIGRATION BENEFIT INCLUDING A DRIVER’S LICENSE.
The most common scenario IC for making a false claim to us citizenship status the cars at the border when an immigrant tries to use a fake state or certificates to enter United States or showing a U. S. passport of a family member trying to pass off the passport as their own. These do count as false claims to U. S. citizenship.
Claiming to be a US citizen is a lifetime bar to any immigration benefit. It doesn’t matter that you married to a U. S. citizen or have a green card waiting for you.
If immigration or the consulate determines that you’ve made a false claim to U. S. citizenship, you cannot get a green card. If you are under age of the time that you made a false claim or if the claim was made prior to September 30, 1996 you may have a waiver or other options available to you. Always talk to an immigration Atty. about the circumstances in your case. Many times someone thinks that they claim to be a U. S. citizen by filling out a gov’t employment form that asked if they were either a U. S. citizen or U. S. National.
It is possible to make a false claim to us nationality and still be able to apply fora green card so it’s very important at you understand what you claimed if this may have happened to you.
There is no lifetime bar to using a fake green card or claiming to be a permanent resident for entry into United States. There is also no lifetime bar of misrepresentation for using a fake Social Security number or someone’s actual social security number. However, there are severe criminal sanctions for these actions.
Mistake #3: FAILING TO KEEP COPIES OF ALL THE DOCUMENTATION THAT YOU HAVE SENT TO IMMIGRATION.
You cannot rely on a Notario if one helped you to keep copies of your documents. Immigration has lost cases before and even in cases where you need copies of a file, immigration can take years to produce the requested file.
This longer waiting period to get a copy of your file could eliminate a window of opportunity during you could actually file your green card. Don’t count on your Atty. either to keep copies of your file. At the conclusion of your case you should receive at least a full copy of your file or what was filed onyour behalf.
You should ask from this from your attorney if you have been represented before. I also suggest that you NOT send in originals to immigration unless they have specifically requested them. It is very difficult to get originals returned. The national visa center requires originals for 14 to the consulate. Keep copies of your originals when you send the originals to NVC.
At the consular interview, your originals will be returned to you.
Mistake #4: SENDING CORRESPONDENCE OR FILINGSTO IMMIGRATION OR THE COURT WITHOUT PROOF OF FILING.
This is especially important when your case involves a crucial deadline such as responding to a request for evidence in time. I suggest you send any documentation to Immigration via certified mail or Fed Exor another way that you can track the package.
Proving that you mailed to the package or request can be crucial especially when you’re trying to reopen cases that were denied based on missed adjustment interviews or you received a removal order because you requested that your master calendar hearing be rescheduled and the court claims it never received your request.
Mistake #5: FAILING TO HIRE A COMPETENT IMMIGRATIONLAWYER. IMMIGRANTS OFTEN GO TO NOTARIES WHO ARE UNLICENSED DOCUMENT PREPARERS, BECAUSETHEY THINK THAT THEY ARE LESS EXPENSIVE AND ATTORNEYS.
Most of the time, these notaries charge as much as attorneys but cannot represent you in court if you put in removal because of an action they took on your behalf.
Also be careful when asking a general practitioner to take your immigration case. A general practitioner is someone who focuses on many different types of law.
As a result, given how complicated immigration law can be, it is impossible for general practitioner to be an expert in immigration matters while hailing other areas of law. Inexperienced attorneys or notaries can end up costing you thousands as they waste the CIS fees and expose you to immigration by filing the wrong thing or filing for relief that you are not eligible for, all the while exposing you to being placed in a removal proceeding.