HOW YOUR CASE IS PRESENTED TO THE USCIS OR THE COURT MATTERS
Quite often, even if the immigrant is the beneficiary of an approved I-130 petition (immigrant visa petition for alien relatives), inadmissibility is the obstacle between him/her and permanent resident status.
For example, if you once used faked documents to enter the U.S., or if you have a certain kind criminal record, you will have to file an I-601 waiver application to the USCIS or the Immigration Court, depending on whether you are in Immigration Court proceedings or not. If you have unlawfully stayed in the U.S. for over one year, and could not adjust your status in the U.S., you will have to file an I-601A waiver application with the USCIS.
The problem is that either waiver application is discretionary, meaning that the USCIS or the Court does not have to approve it, even if the evidence is overwhelming in your case. The person (USCIS officer or immigration judge) who reviews your case, at the outset, does not have an in-depth knowledge about you and your family. The person has no obligation of voluntarily piecing together a large, positive image of you, or interpreting the evidence in a manner that is in your favor. On the other hand, sometimes it seems that you do not have a good case. To build a strong one is still possible. Therefore, it is extremely important how your case is presented. Things that might seem unimportant to you, such as a tradition or a certain practice, in your home country, may help your case. It is a question of knowing how to present the evidence.
We have had cases in which a client’s waiver application, that was filed by his/her former attorney got denied. But when I was given an opportunity to build it up and then file it, the waiver application got approved.
I am willing to sit down and explore every factor and possibility with you. Feel free to contact me for a free consultation.
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