In law school, future lawyers will teach you how to get the best arguments on behalf of clients and how each issue can be viewed in a variety of ways. In fact, we designed the standard justice system with the concept in mind. The opposing parties bring their case, bring laws and arguments to the superior and await the decision. Finally, we expect justice to be available if opponents are given the opportunity to present their case in the best light.
However, in the area of immigration laws, the possibility of presenting clients' cases is limited. Tax advisers, consular officers and immigration judges make decisions in complex frameworks that give little rights to foreigners who are opposed to them. In many cases, especially in consulates, the councilor can not be present during the process to help clients perform. Contrary to the normal judicial system, there are very limited redress procedures in immigration law. In order to make things worse, first blush, the immigration system may seem simple – some forms, some passport photos can be taken, and voila! Indeed, the immigration law is extremely technical and complicated, and one small progress along the way can lead to major problems. At best, denial can result in a high commission fee paid to the government. In more serious situations, incorrect reporting may lead to relocation. Bad responses or "little white lies" may cause acceptability problems in the future. The possibility of trouble is limitless.
Some customers have already started the process, but wisely recognize that they need help when a problem arises. In a case, clients asked for legal advice after the naturalization (nationality) and they encountered problems. Several years earlier he was arrested in North Carolina and charged with charges. In exchange for the admission of the offense, he could have participated in the state-run "first offender" deferred prosecution program. After the successful completion of the program, the prize was dismissed
. He believes that there is no conviction, the client has completed the naturalization petition stating that he has never been arrested; they have never been charged with committing a criminal offense; and never been convicted of a criminal offense or crime. Unfortunately, according to the Immigration Act, the former "recording" was interpreted as "conviction", which led to a manifest failure of the requirement of a "good moral character". Fortunately, for this client, within the immigration code, we could prove a small exception for the examiner because of this type of "conviction".
The bigger concern was that his answers could be interpreted as a lie. "False Confessions" also exclude the discovery of the "good moral character" and dispel the hopes of naturalization. Finally, before the damage was done, we could show the convincing, deliberate exploration of the circumstances of the convict. She is now an American citizen.
In another case, he was looking for a client who took his fiancé to the United States of the Philippines. One of the logical prerequisites for a bridal visa is that individuals must be legally free to marry each other. In this case, the bride was married before, but her husband disappeared a few years earlier. The Government of the Philippines does not allow divorce, but a correctional or presumed death sentence has been condemned "for all intentions and purposes."
It was unknown because of this document and its legal impact, the US government submitted a request for evidence, and the couple asked us for help answering this request. We were able to provide documents and legal authority in the Philippines, coordinating with our legal counsel, to show that they were actually able to marry each other. The petition was approved and forwarded to the consulate.
While not always a happy ending in the Immigration Act the above cases are just a few examples of how solutions can be found even when clients launched the immigration path before they asked for legal advice. Our task is to apply creativity and critical thinking to our client's affairs, helping them avoid the trapping of traps on the road.
Copyright 2010, Smith Debnam Narrone Drake Saintsing & Myers, LLP, Raleigh, North Carolina. All rights reserved.
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