The 3 Worst Immigration Cases: How the Best Immigration Lawyers Win Them

Some immigration cases are more difficult to win than others. Every single week we get calls from people begging us to help them with some pretty tough situations. The fact is, if you are willing to invest time, effort and money, and you have a realistic viewpoint, then you do what one woman cried out awhile back, you “have to try!” (Incidentally we won her case)

The best immigration lawyers listen, and will know how to up your chances of winning your fight (or the fight of those you love) to stay in the US.

Here are 3 of the worst immigration cases, and how the best immigration lawyers fight to win them:

  1. Alleged marriage fraud:  Have you seen The Proposal? They make a joke about this kind of case, but it’s really no joke. If you have been accused of marriage fraud, but insist that your relationship is 100% valid, prove it.  Sometimes the officer will issue an initial finding that the marriage cannot be real because Husband said the wall is beige while Wife stated same wall is white.  Or one spouse declared that the alarm clock goes off at 6:30 AM and the other said 6:25. ONE of my favorites of all time had to do with an alleged discrepancy about the last time the couple went shopping.  It turned out that the reason they answered differently was simply due to what each considered “shopping.”  He referred to a quick trip to a convenience store while she thought of the last time they traveled to the supermarket. Best Lawyers win by: analyzing these cases right down to the microscopic details. If you have been accused of this, take it seriously. A top lawyer will help you pinpoint any discrepancies and move forward
  2.  Crimes:  If you have been faced with a potential green card denial or a deportation hearing due to a serious crime, the first question is, “are you eligible for a waiver?”  If so, then you usually need to have a “qualifying relative,” such as a US citizen spouse or child.  There may be waivers that do not require such family members, but the solution lies in careful evaluation and usually requires someone who knows every little angle of the law.Best Lawyers win by: being extraordinarily familiar with the Immigration Act, federal regulations, and relevant court decisions. A top immigration lawyer will be able to find you a route out of your troubles if there is one. They will know the selection of waivers, or regulations that will be available in your particular case and use it to your advantage if possible.
  3. False Claims to US Citizenship: This is a tough one. If you have been charged with impersonating a United States citizen, this is about as bad as it gets in the Immigration Act.  However, if the claim was made prior to major changes to the law that went into effect in 1997, a waiver may still be available.  Moreover, new guidance just emerged in 2013, focusing on the age of the immigrant when the alleged false claim occurred.Best Lawyers win by: having extensive knowledge of any and all regulations and changes to regulations that might help you. These are serious matters, and are cases that many people wouldn’t win, but a top immigration lawyer will be able to use the law in your favor. 

When it comes to your life, or the life of your family, even with the hardest immigration cases as that lady in our office said, you have to try!

Written by: Harlan York

Immigration Attorney Harlan York is Former Chair, Immigration Section, NJ State Bar Association and Former Co-Chair, NY State Bar Association CFLS Immigration Committee. Mr. York appeared on National Television on CBS This Morning with Charlie Rose and Primer Impacto on Univision, as well as Telemundo, NBC, and PBS. He was honored as First Ever Immigration Lawyer of The Year in NJ by Best Lawyers.

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