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The Most Common Immigration Problems and How Lawyers Solve Them
Immigration law is notoriously complex and can be fraught with unexpected challenges. Whether you’re seeking a visa, green card, citizenship, or trying to navigate through deportation proceedings, you may encounter numerous obstacles along the way. The good news is that immigration lawyers are specifically trained to tackle these challenges and provide solutions that give you the best chance for success. Below are some of the most common immigration problems people face and how lawyers can help resolve them.
1. Visa Denials
Problem: One of the most common issues in immigration cases is visa denials. U.S. embassies and consulates around the world deny visa applications for a variety of reasons, including missing documents, failure to prove ties to your home country, or issues with your immigration history. For instance, someone might apply for a tourist visa, but the consular officer might believe that the applicant intends to overstay their visa, leading to a denial.
How Lawyers Solve It: An experienced immigration lawyer will review your case thoroughly and advise you on how to address the reasons for the denial. They will help you gather the necessary documentation, strengthen your case, and file an appeal if necessary. If the denial is based on a perceived lack of strong ties to your home country, your lawyer might help you present more compelling evidence to demonstrate that you will return after your visit. In some cases, they may recommend applying for a different type of visa that better suits your circumstances.
2. Green Card Delays
Problem: Green card applications often face significant delays, sometimes lasting several months or even years. These delays are typically due to backlogs in the immigration system, issues with documentation, or administrative errors. Some applicants may also experience delays if their priority date is not current, especially in family-based or employment-based green card categories.
How Lawyers Solve It: Immigration lawyers can help expedite the process by ensuring that all paperwork is completed correctly and filed on time. They can also track your case and follow up with USCIS if there are unnecessary delays. In certain situations, they may request expedited processing or appeal delays based on specific circumstances (e.g., medical emergencies or military deployment). Additionally, lawyers can help you understand the visa bulletin and priority date system, ensuring that you're aware of when your case is likely to be processed.
3. Requests for Evidence (RFEs)
Problem: Immigration applications are often delayed or denied because of Requests for Evidence (RFEs). These are issued when the U.S. Citizenship and Immigration Services (USCIS) or other authorities require additional documentation or clarification to process your case. For example, if you’re applying for a green card based on marriage, USCIS might request more proof that the marriage is bona fide (genuine).
How Lawyers Solve It: Immigration lawyers are experts at responding to RFEs. They know what additional evidence will satisfy USCIS's concerns and can help you gather and submit the required documents in a timely manner. Lawyers will ensure that your response to the RFE is complete, clear, and well-organized. Their experience in handling RFEs increases the likelihood of a favorable outcome by addressing the request in a way that meets all of USCIS's requirements.
4. Inadmissibility Issues
Problem: Some individuals may be inadmissible to the U.S. due to certain legal issues, such as criminal convictions, prior immigration violations (e.g., overstaying a visa), or health-related grounds (e.g., communicable diseases). Inadmissibility can prevent individuals from obtaining visas or entering the country.
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