Notes

Immigration Law - Avoiding Pitfalls
In law school, future attorneys are taught steps to make the best argument with respect to clients, and that every issue can be looked at in various ways. Indeed, our standard judicial system is designed with that concept at heart. Opposing parties get to bring their case into a courtroom, present laws and arguments to the presiding judge, and await a decision. In the end, we expect that justice will be achieved when adversaries are afforded the chance to provide their case in probably the most favorable light.

In the arena of immigration law, however, the opportunity to provide a client's case is limited in a variety of ways. Adjudicators, consular officers, and immigration judges make decisions inside a complex framework that affords few rights to the foreign individuals before them. In UK Immigration Lawyer new york , particularly at consulates, counsel can't be present through the process to greatly help clients present their case. In further contrast to the typical judicial system, not a lot of appeals procedures exist in immigration law. To create matters worse, initially blush the immigration system can seem simple- file a few forms, take a couple of passport photos, and voila! Actually, immigration law is highly technical and complex, and something small misstep along the way can result in big problems. At best, a denial will result in losing the high filing fee paid to the federal government. In more grave situations, an improper filing can result in deportation. Wrong answers or "little white lies" can cause admissibility problems down the road. The potential for pitfalls is boundless.

Some clients have begun the procedure alone, but wisely recognize the necessity to get help when a problem arises. In one situation, a client sought our legal advice after filing for naturalization (citizenship) on her behalf own and running into problems. A few years earlier, she have been arrested in NEW YORK and charged with a misdemeanor. In trade for an admission to the offense, she was permitted to take part in a "first offender" deferred prosecution program offered by the state. At the successful completion of this program, the charge was dismissed.

Believing that no conviction existed, your client completed the naturalization petition stating that she had never been arrested; had never been charged with committing any crime or offense; and had never been convicted of a crime or offense. Unfortunately, under immigration law, her earlier "admission" was construed as a "conviction," leading to an apparent failure of the "Good Moral Character" requirement for citizenship. Fortunately for this client, we could actually demonstrate to the adjudicator a narrow exception within the immigration code because of this type of "conviction."

The bigger concern was that her answers might be construed as lying. "False testimony" can also preclude a finding of "Good Moral Character" and derail hopes of naturalization. Ultimately, we were able to present a convincing, thoughtful disclosure of her circumstances to the adjudicator before any damage was done. She is now a U.S. citizen.

Another recent matter involved litigant seeking to bring his fiancee to america from the Philippines. One logical prerequisite for a fiancee visa is that the individuals must be legally free to marry each other. In this case, the fiancee was previously married, but her husband had disappeared some years earlier. The government of the Philippines will not permit divorce, and instead she was issued a judicial declaration of absence or presumptive death "for several intents and purposes."

Not really acquainted with this document and its own legal effect, the U.S. government issued a obtain evidence, and the couple sought our aid in giving an answer to that request. Coordinating with this clients' legal counsel in the Philippines, we could actually provide documents and legal authority to show that they were actually free to marry one another. The petition was approved and forwarded to the consulate.
Homepage: http://ukimmigrationattorneynewyork.us