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TEN
(10) ESSENTIAL TIPS TO A WINNING IMMIGRATION CASE (INCLUDING THE MOST COMMON ERRORS MADE BY APPLICANTS &
ATTORNEYS) 1.
Read
and follow the instructions on the forms carefully. Remember
that the immigration forms are considered part of the regulations, therefore
they are the law.
Read the instructions on the forms carefully for specific information
regarding the requirements for each petition or application.
Then, after the forms have been completed, double-check
everything to make sure that you didn’t leave anything out.
If you are unsure about how to answer a specific question, check with a
competent immigration attorney or appropriate government employee for help.
Never
answer a question on a form unless you know
all of the consequences of your answer. 2.
Send
the correct filing fees with each petition or application, and make sure you
have enclosed all of the required documents. If an incorrect filing fee
is sent, the Immigration Service will return the documents to you and your case
will not be accepted for processing. Since
it often takes the Immigration Service 30 days or more to return the forms, you
may now be out of status and, even if you return the forms with the proper fees,
your case may be denied because it was filed late.
Also, if you do not enclose all of the documents requested, an additional
request will be made to you, which will significantly delay the processing of
your case. 3.
Mail
or deliver the application or petition to the correct address. Just as above, if the Immigration Service does not receive
the application at the correct office, it will not accept your case and the
forms will be returned to you. Once
again, you may now be out of status and your case can be denied because it was
filed late. Since government
addresses are constantly changing, it is a good idea to check with the
appropriate government agency prior to submitting your application. 4.
Make
sure everything is timely filed.
Do not procrastinate.
Nearly everything that is filed has a deadline.
If you miss the deadline, it is very likely that your application or
petition will be denied and, depending on the type of application or petition,
there may be no opportunity to appeal. In
addition, if you fall out of status, you may become subject to the three and ten
year bars, and/or any visas you have will be considered void. 5.
Make
sure your priority date is current.
You can obtain a copy of the most current
priority dates on our site. Before filing your case, please refer
to the list to make sure that the date has been reached in your preference
category. If you file your petition or application before the date is
current, it will be rejected by the Immigration Service or State Department, and
not only will you have wasted your time, but some of the documents may have
become outdated and will have to be obtained again. 6.
Get
a receipt for everything
you mail or deliver to INS, the Immigration Court, the Department of Labor, US
Consuls, etc. These agencies have
an uncanny way of losing or misplacing your documents.
If you don’t get a receipt, and if there is no cancelled check or money
order, it will be impossible to prove that your documents were received.
These government agencies will not take your word for it.
They want to see a receipt. 7.
Never
send original documents unless
they are absolutely required. As
stated above, government agencies have a way of losing things.
Also, when a case is finished they do not
return the original documents to you. Some
of these documents are one of a kind and cannot be replaced, or are extremely
hard to replace. In most cases, you
will be permitted to certify on your application or petition that the document
is a true copy of the original. If
the original document is required, please be sure to send both the original and a copy. Also,
supply a stamped self-addressed return envelope and ask the agency to return the
original to you when they are completed with it. While this will not guarantee that you will get it back, it
will significantly improve your chances. 8.
If a case
is returned to you for more information, make sure you respond to each point, even if you have already provided
the information. If Immigration or
another agency took the time to write you back for specific information, it is
because they obviously were not satisfied with what you originally provided, or
because they didn’t see it. So
answer each point in detail. If you
don’t supply the information requested, there is a very good chance your case
will be denied. If you are not sure
how to respond to the inquiry, seek competent legal assistance. 9.
Follow-up
on your case frequently.
If you just sit and wait for a response, you could wait forever, because,
as stated above, your documents could be lost or misplaced.
If your receipt gives normal processing times, then do not check before
the time given. However, if you
have not received any type of response within the normal time frame, check on
your case immediately. Make sure
you get a response to your request, and keep a record of all contacts you make
with the government agencies. 10.
Check references and ask questions when deciding which immigration attorney to
use. Remember that the
“cheapest” is not usually the best. If
an immigration attorney is much less expensive than anyone else, there is
probably a reason. Usually, if you
want quality, you have to pay a little more for it.
Obtaining a visa or permanent residence in the United States is often a
once in a lifetime opportunity. Don’t
ruin your chances just because you want to save a few dollars. Good Luck and
Best Wishes in Achieving Your Immigration Goal!
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