To overcome the tricky twist and turns in immigration law, here are some points to consider:
1) Is the visa you are applying for the right one under the circumstances?
In one case a well-meaning mother applied for a B visa for her foreign born daughter. The daughter wanted to visit her American boyfriend. When the daughter’s visitor B visa expired after six months, the couple made an Infopass appointment. They were told by the USCIS agent at the window to simply cross the Mexican border and upon return, have the girlfrend’s foreign passport stamped. The couple did. She then spent most of the entire year in the US on a visitor visa.
It wasn’t until she attempted to re-enter the US that the complete time period she spent here was evident to the Customs and Border Patrol agent looking at her passport. She was detained at the airport, her visa cancelled and returned to her country of origin.
The lesson here is do your research on the duration and purpose of a visa and don’t believe everything you hear from non-lawyer, government agents.
2) Now that I found the form, where the heck do I file it?
Immigration Service Centers throughout the U.S. accept different forms. These locations change frequently. All the new mailing addresses are updated on the USCIS website if you drill down on the links associated with each form. When a form is “expedited” it’s mailed to a different address, for premium processing.
3) More Helpful Tips
TIP 1: Fees are usually required with a form. When the filing fees change, if the new fee is not mailed with the form, everything will be returned to the applicant.
TIP 2: Immigration law changes every day. When submitting a form with a letter or a legal brief, understanding the twists and turns in the law and hitting all the required, legal elements is important.
TIP 3: A petition needs a “wow” factor. There is a short time to make a big impact. A government reviewer will set aside a confusing, large petition for a smaller well-crafted one. If there isn’t a persuasive reason why the evidence is included and how it proves the case, it should be left out.
It is best to work with an experienced attorney.
Attorney Dena Wurman has helped clients navigate the complicated federal U.S. immigration system. Through her efforts, new immigrants are awarded visas, green cards and U.S. citizenship. Still have questions? This office offers a number of solutions to meet your needs and budget. Call (646) 580-0617 for a free assessment of your case or use the contact form on this website.