Category: Naturalization

Never do this with Immigration!!!

The best piece of advice I can give to anyone going through the immigration process:
DON’T LIE!!!!

“Duh!” you might say. “That’s obvious!”
Well, it should be obvious, but then explain the countless cases I have seen where I have caught a lie, … I mean, “discrepancy”. I discussed it briefly in a TikTok video I made not too long ago.

So, what am I talking about here? What kind of things have I seen get people’s cases totally off the rails?
Well, how about these for example:

  • Different Birth Dates
  • Different Marriage Dates
  • Names/number of children
  • Marriages
  • Employment, occupations
  • Military Service
  • Past Persecution (Asylum Cases)
  • Address History

Just to name a few

So the next logical question is “why did you lie”? and it basically comes down to 4 main reasons, and the answers might surprise you.

The first and most innocent answer is that it was a mistake or typo. This I can totally understand. We all make mistakes, yes, even us attorneys, and that is why we have to double and triple check everything we submit. We do that with our clients, after we are completely finished with a file, and before it gets mailed out, we check it again, send it to our clients for a review, and check it one last time right before mailing.

However, if you have someone else help you with the forms, this type of quality check is most likely not there. Notarios are “notorious” for making mistakes, or just making stuff up, and that brings us to the second reason why people lie on their applications.

“The Notario/Form preparer filled it out, I don’t know what they put in there”. Really?? That’s the excuse you are going to use when you are in front of a USCIS officer, embassy official, or immigration judge? There’s no excuse for not reviewing what is submitted on your behalf. If you sign something, you better have reviewed it (this applies to everything by-the-way, not just immigration).

The third reason is both dumb and naive: “I lied because I thought it would increase my chances of approval.” Really? You think immigration officials are idiots? You really think they have no way of verifying any information that you have claimed?
Do you really think that by lying, you will have a better chance? How do you even know what kind of information is favorable? The most common lies people think will give them a better chance at Tourist Visas is to claim they are married/single, or they have kids, or they own some kind of business. They believe that by making these claims, immigration officers will believe that they will definitely come back to their home country after their visit to the US. What they don’t know is that if they are caught lying, they can be barred from EVER coming to the US.
Don’t do it, it’s not worth it.

This last reason of why applicants lie is the worst, and the most wicked: They are trying to hide something that will get them denied or arrested.
Criminal records, group memberships, gang memberships, military service, past marriages, all come to mind.

In conclusion, lying on your applications is a huge mistake. Not only is it wrong to lie for any reason and in any situation, but it will also severely harm your chances of immigrating to the US. And, as I said in the video, if you don’t get caught the first time, you will probably get caught down the road, most likely at your Naturalization interview.

It’s best to consult with an experienced Immigration Attorney who can help you navigate this complex maze we call the US Immigration System.

Contact us today!


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Biggest mistake while filing an I-130

Don’t make this mistake!!!
I have seen this enough times that it now requires a blog post. Unfortunately, it’s happens with applicants who don’t hire attorneys, who either try to do it themselves, or ask for help from the wrong person.
This is Immigration 101, and any immigration lawyer, with even minimal experience, should never make this mistake. This mistake can cost you thousands of dollars, and months of delays.

Here it is:
When filling out an I-130 Petition for Alien Relative with USCIS, make sure you fill out one of these two sections:

If you don’t fill out one these sections, USCIS doesn’t know what to do with your case once its approved, and it will just sit in their offices collecting dust. The only way to get it moving is to fill out an I-824, and pay that fee. It will also take USCIS a ridiculous amount of time to just send your application to where you need it to go.

  • If your relative is inside the US, and you are eligible for Adjustment of Status, you fill out the first section.
  • If your relative is overseas, and will continue the process at a US Embassy, you fill out the second section.

    The biggest mistake you can make is NOT consulting an experienced immigration attorney anytime you are dealing with any immigration issues.
    You can contact us here: https://alolegal.com/contact-us/

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What is the 30-60-90 day rule for immigration (USCIS)?

After an interesting debate this week, between immigration attorneys on Facebook, I’ve learned that I am a lot more risk-averse than others.

This stems from a question an attorney posted, asking whether it is a good idea to file for Adjustment of Status (Permanent Residence) for parents of a US citizen who arrived in the US as visitors. The problem is not the filing, but the timing of the filing. These clients wanted to file a week after their arrival in the US.

The issue here is whether a USCIS officer deciding their case will assume they had “Immigrant Intent” when they came in as “Visitors”, and whether the officer can charge them with “fraud or misrepresentation”.

For the last 15 years of practice, I have always abided by “30/60/90 day rule”. In essence, we don’t file any Permanent Residence applications within 90 days of a visitor’s arrival in the US, unless there is a VERY good reason, ex. expiring status. This is what most immigration attorneys did.

If a USCIS officer finds “Fraud or Misrepresentation”, the person applying could be permanently barred from entering the US again.

Why risk a finding like this? Why not wait? Why try to fight USCIS, when you could have just waited a few weeks? I believe you are doing clients a disservice when you don’t advise them to wait. Isn’t that our job as attorneys, to give the best advice?

Many of those arguing for not waiting the 90 days cite a case “Matter of Cavazos” from 1980, where the BIA decided that notwithstanding preconceived intent, adjustment of status should ordinarily be granted for immediate relatives absent other negative factors.

While this is true, a USCIS officer could find other “negative factors” when they grill your client at their interview.

My advice to young immigration attorneys out there, wait the 90 days, and don’t get pushed around by eager clients. If they don’t want to wait, and you still take on the case, make it clear in your agreements that they have been advised of the risk, and that you are not responsible if it all goes wrong.