Our Clients Succeed
Immigration law is a very complex field due to the fact that the laws, regulations, and policies constantly change. Sadly, our anti-immigration President has soured the idea of immigration from a dream into a potential nightmare.
While many attorneys in the field promise guaranteed results to potential clients in handling their immigration matters, many clients do not understand that obtaining immigration benefits are not a matter of right and are usually left to the discretion of the USCIS officer adjudicating the case. Such discretion can be unpredictable and lead to inconsistent results – “easy” cases are often rejects and “impossible” cases are sometimes approved. As such, attorneys who “guarantee” results to prospective clients are often doing so irresponsibly. The USCIS places the burden of proof on the applicant to show their eligibility and entitlement to an immigration benefit, such as a charge of status, F-1 reinstatement, fraud waiver, green card, or citizenship. Worse yet, the USCIS does not always follow the law in applying the proper burden of proof, which is the preponderance of the evidence standard. This requires that the petitioner or beneficiary simply prove that the evidence submitted shows it is more likely than not (51%) that they are eligible for the requested immigration benefit. However, the USCIS unfairly places a much higher burden of proof known as the “clear and convincing” standard. This is why it is important for clients to document and evidence each and every criteria in their cases.
Our policy with each of our cases is to ensure that every petition we submit contains documentation which exceed the minimum requirements by federal law and regulation in an effort to meet the unfair higher burden of proof employed by the USCIS. As such, the cases we submit to the USCIS and US Embassy are so strongly documented that there is little chance for rejection or denial.
Before you begin the process, consult with us so that we can set you on the right path. Whether you are planning to marry a U.S. citizen, or are looking for a business to invest into for an E-2 visa, consult with us first. A strong start in the process will make your case more likely to be approved with few or no problems.
For example, clients who marry U.S. citizens to obtain a green card believe that they have a 100% chance of getting the green card. However, due to the marriage fraud laws, the USCIS carefully examines each and every green card marriage case. Any missing documentation, error, or other issue can lead to either several years in waiting time or even a denial. Also important for the USCIS are prior marriages, especially in cases where California residents get divorced in Nevada and never actually resided there.
As for E-2 visas, let us evaluate the business and show you what to look for when buying or starting up an E-2 business that will allow you to enjoy E-2 status indefinitely. Further, we can show you have an E-2 business can sponsor other individuals for E-2 visas, as either an executive or Essential Skills employee, without any investment on their part.
What About PERM?
As we all have now seen, PERM is not what the Department of Labor promised it to be. Due to the design of the PERM system to prevent labor certification fraud, thousands of good cases get rejected. Worse yet, the USCIS is rejecting Employment-based green card applications due to issues that should have been addressed on the first day of starting the Labor Certification, resulting in many years and thousands of dollars being wasted. Before you talk about PERM with your prospective sponsor, consult with us first so that we can help you determine whether your sponsor is a qualified sponsor and how to get your PERM case approved quickly.
We can find and obtain the best immigration solution for you and your family. When you consult with us, we will carefully examine the facts of your case and present you with all of your options and the various paths you can take to reach your long term immigration goals.
For a free legal immigration consultation by phone, call us at (213) 251-5533 or contact us here.
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