5 Harmful Mistakes to Avoid in Your Immigration Case


Uploaded by AttorneyHeather on 03.02.2012

Transcript:
Hi, I’m Immigration Attorney Heather Poole. 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 EN 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’t
know 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 for
a 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 on
your 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 FILINGS
TO 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 Immigraition via certified mail or FedEx
or 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 IMMIGRATION
LAWYER. IMMIGRANTS OFTEN GO TO NOTARIES WHO ARE UNLICENSED DOCUMENT PREPARERS, BECAUSE
THEY 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. For five more harmful mistakes that could
affect your immigration case, watch our second part of this video series on this topic entitled
five more harmful mistakes to avoiding your immigration case. It is extremely important
to speak with an immigration attorney about your case before you start it to determine
what issues you could face that could result in a denial or even a removal from the United
states. If you need my help, feel free to call me or complete our consultation questionnaire
on our website, humanrightsattorney.com. Thank you and good luck!